The agreement could only have reference to the Madawaska
settlements as confined within their actual limits
at the time it was subscribed. The undersigned
in his note of the 24th of December last stated the
reasons why the mouth of Fish River and the portion
of the valley of the St. John through which it passes
could in no proper sense be considered as embraced
in the Madawaska settlements. Were the United
States to admit the pretension set up on the part
of Great Britain to give to the Madawaska settlements
a degree of constructive extension that might at this
time suit the purposes of Her Majesty’s colonial
authorities, those settlements might soon be made
with like justice to embrace any portions of the disputed
territory, and the right given to the Province of New
Brunswick to occupy them temporarily and for a special
purpose might by inference quite as plausible give
the jurisdiction exercised by Her Majesty’s
authorities an extent which would render the present
state of the question, so long as it could be maintained,
equivalent to a decision on the merits of the whole
controversy in favor of Great Britain. If the
small settlement at Madawaska on the north side of
the St. John means the whole valley of that river,
if a boom across the Fish River and a station of a
small posse on the south side of the St. John at the
mouth of Fish River is a disturbance of that settlement,
which is 25 miles below, within the meaning of the
agreement, it is difficult to conceive that there
are any limitations to the pretensions of Her Majesty’s
Government under it or how the State of Maine could
exercise the preventive power with regard to trespassers,
which was on her part the great object of the temporary
arrangement. The movements of British troops
lately witnessed in the disputed territory and the
erection of military works for their protection and
accommodation, of which authentic information recently
received at the Department of State has been communicated
to Mr. Fox, impart a still graver aspect to the matter
immediately under consideration. The fact of those
military operations, established beyond a doubt, left
unexplained or unsatisfactorily accounted for by Mr.
Fox’s note of the 7th instant, continues an
abiding cause of complaint on the part of the United
States against Her Majesty’s colonial agents
as inconsistent with arrangements whose main object
was to divest a question already sufficiently perplexed
and complicated from such embarrassments as those with
which the proceedings of the British authorities can
not fail to surround it.
If, as Mr. Fox must admit, the objects of the late agreements were the removal of all military force and the preservation of the property from further spoliations, leaving the possession and jurisdiction as they stood before the State of Maine found itself compelled to act against the trespassers, the President can not but consider that the conduct of the American local authorities strongly and most favorably contrasts