A Compilation of the Messages and Papers of the Presidents. Volume 3, part 2: Martin Van Buren
History
A Compilation of the Messages and Papers of the Presidents. Volume 3, part 2: Martin Van Buren
Presidents -- United States; United States -- History -- Sources; United States -- Politics and government; Van Buren, Martin, 1782-1862
In fulfilling these instructions of his Government it is not the
purpose of the undersigned to open the general discussion of the
respective claims of Great Britain and the United States to the disputed
territory (within which Mr. Greely was arrested), or the right of either
Government to exercise jurisdiction within its limits. Whatever opinion
the undersigned may entertain as to the rightful claim of the State of
Maine to the territory in dispute, and however unanswerable he may
regard the arguments by which the claim may be sustained, he deems
it neither proper nor needful to urge them upon the consideration of
Her Majesty's Government in the decision of the present case; more
especially as the whole subject is elsewhere, and in another form,
matter of negotiation between the two Governments, where the discussion
of the question of right more appropriately belongs. The undersigned,
moreover, does not presume that pending the negotiation, and whilst
efforts are making for the peaceable and final adjustment of these
delicate and exciting questions, Her Majesty's Government can claim
the right of exclusive jurisdiction and sovereignty over the disputed
territory or the persons residing within its limits. In such a claim of
power on the part of Great Britain or its provincial authorities, the
undersigned need not repeat to Lord Palmerston (what he is already fully
apprised of) the Government of the United States can never consent to
acquiesce in the existing state of the controversy. On the contrary,
the mutual understanding which exists between the two Governments on
the subject and the moderation which both Governments have heretofore
manifested forbid the exercise by either of such high acts of sovereign
power as that which has been exerted in the present case by the
authorities of Her Majesty's provincial government.
The undersigned must therefore suppose that this arrest and imprisonment
of an American citizen under such circumstances and in the existing
state of the controversy could only have been justified by some supposed
infringement of the understanding existing between the parties in
relation to the question of jurisdiction within the disputed territory.
Such, however, was not the case. The correspondence between the governor
of Maine and the lieutenant-governor of New Brunswick shows that
the only act done by Mr. Greely was the simple enumeration of the
inhabitants, and it is not perceived how such an act could be construed
into a breach of the understanding between the two Governments.
It is proper also to remark that this was not the first time that the
inhabitants within this particular settlement had been enumerated under
the authority of the United States. It was done in the census of 1820
(as a portion of the State of Maine), and was at the time neither
objected to nor remonstrated against by the British Government or that
of New Brunswick.
Public-domain text, read in full here on John Shaqi.
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