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
From recent information received it appears that shortly after the first
arrest and imprisonment of Mr. Greely he was, by the orders of the
lieutenant-governor of New Brunswick, released from confinement, but
was immediately thereafter again taken into custody by his authority and
recommitted to the jail of Frederickton, where he is now detained. This
fact having been communicated by the governor of Maine to the President
of the United States (in an official communication setting forth the
circumstances under which it was done, a copy of which is herewith
transmitted), the undersigned has received the special instructions of
his Government to bring the subject without delay to the notice of Her
Majesty's Government, in order that immediate steps may be taken for
the liberation of Mr. Greely and indemnity made for the injuries he
has suffered.
Having in the first note which he had the honor of addressing to Lord
Palmerston stated the grounds upon which the release of this individual
was demanded and the expectations of his Government in relation to the
subject, and having waived the discussion of the questions of right and
jurisdiction, which he still intends doing, it will not be needful to do
more on this occasion than express to his lordship the painful surprise
and regret with which the President has received information of this
second outrage on the part of the authorities of New Brunswick, and
to repeat the assurances heretofore given that such proceeding can
be regarded in no other light than a violation of the rights and
sovereignty of the United States, and entirely irreconcilable with that
mutual forbearance which it was understood would be practiced by both
Governments pending the negotiation.
The circumstances under which these recent attempts to enforce
jurisdiction have been made show that in the most favorable aspect in
which they can be regarded they were wholly indefensible.
The act for which Greely was arrested and imprisoned, so far from having
been committed within the acknowledged dominions of the British Crown,
and beyond the limits of the disputed territory, and therefore liable
to be treated as a violation of territorial jurisdiction, took place,
as appears by the statement of the governor of Maine, whilst he was
employed within the limits of that State, and under its authority,
in enumerating the inhabitants of the county of Penobscot.
By what authority, then, the provincial government of New Brunswick
felt itself justified in exercising such acts of sovereign power the
undersigned is at a loss to conceive, unless, indeed, upon the ground
that the jurisdiction and sovereignty over the disputed territory
pending the controversy rests exclusively with Great Britain. If such
should turn out to be the fact, it can hardly be necessary again to
repeat the assurances which have been heretofore given that in any such
claim of power the Government of the United States can not acquiesce.
Public-domain text, read in full here on John Shaqi.
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