*s«^&b%&fSiR^ ^u* v^ E 398 .n213 Copy 1 .^y^^ ^^^^ /v^SffW V ^' "^ ^' . ;W^W': 'VvV vv*^A>r J- vi- v^ *.l^»i^V^i, '^W^: v»i.C 5-w^;gS^;^ ^^ S»»^ s«<.^' Ex Libi Class E 3^^ c/ SPEECH <»F THK GOVERNOR OF MAINE Groye^v^otr 'S'^?" BOTH BRANCHES OF THE LEGISLATT RT?, JAAX ARY 8, 1839. Winied by order of the Senai*- PORTLAND. Printed by Thomas Tixld, Slate ]>riiiter. I'nion Stre«', .h'2'13 Ix Se.nate, January 8th, 1829'. Ordered, Tliat the Secretary of tlie Senate cause to he printed :iOO copies of tlie Governor's Speech for the use of the Memhersof the Senate. Attest, E. HUTCHINSON, Sec't/. SPEECir. Gentlemen of the Senate, and House of Representatives : AssEMBLKD here as the guardians of a young and growing Common- wealth, it is gratifying to remark that yovn- (hities relate more intimately to i)r(>tccting,_cherisliiii<;-, and educating, than to iegisjatingfor tlie deterior- ating or corrupted. \\ itii a Constitution and laws .so lornied as never to have warranted any objection to their republican character, and but rare- ly to the wisdom of their authors, it wouhl be ingratitude to propose any speculative views, as it would be i-ashness to adopt any ex])erimenlal arrangements, either of hope or discontent, which might operate against om- existing system. I am authorised by facts to congratidate you on this occasion, not only on the continued success of our own municipal regulations, dispensing, as they comnifudy do, the primary securities of all that law is destiueii to gnard and jjreserve, in its imi)artial beneficence, but to accord to the United States the acknowledgment of its cherishing intiuence. Some of tlie measures, however, ot' tlie Congress formerly assembled, have been thought to be not simply prejuilicial in a national \ iew, Imi exceedingly unequal in their hard ])ressure on this part of our L'nion. Without presuming to rpie^tion and not (h»nbtiig tlie high integrity and al>ility of the assembly which made tiie Tai itf, and being disposed to yield a venerating submission to its (vcntnai decision, it is hoped you will seriously inquire wiiether or not iherc lia ; been a sacrifice made to the cuiMdity of manufaclurers and the aml)iiion of politicians ; ami it \<:n shall discover there has been, that you will deilare accordingly tht beliei' that you may entertain. Yet with every advantage given to hioited inter- ests, first claimed and then allowed by tli<'-<'. if -nrh there are, who act on J-uIes opposed to jiatriotic sentiment, Maine may defy competition, be- cause she lias superior means. She has at least, strong enconragement 4 to cugnge ill a (ViciKlly rivalsliij), and has only to ai>|)eal to her ifisonrce!! her eniorprisf, licr economy, and her iiidnf.ti-y, wlienever sslie will rest on those snp(toit>. it has been -stated in several jjnblk- and some official conunniiications, that the Tariff' ought to l)c reoisted as unconstitutional. Witli irreat res|)ect it is suggested that the argument, presseil as it has been to dangerous consequences, ought to be more carefully used- A\ hen disunion is threatened on this account, it seems requisite to declare the conviction that tiie Tariff is a discretionary measure, to be corrected on policy and not on conr^titutionality. The Soutlieru disunioniatsrely on tliemotive of a vote in their constitutional argument, and talk of resisting the Tariff tor what was designed by it. It would be more nearl\ rational for the violent men who thus oppose it to regard its action, than the mo- tives to wliich it ()we> its parentage. That a congressional measure be- ing adopted luider the combined constitutional authorities, should be submitted to, is believed to be the only safe doctrine; yet in a case of mere I'residential and Senatorial actitii, there might l>e oljections to a de- cision as there are in tlie case of the exposure of our North Eastern Boundary. It seems at last to be the correct idea, that a Tarifl", although constitutional, yei being for partial if not for national revemie. as if for iron in one jt'.ace and hemp in another, upon an interested compromise be- tw(!en those \yho can turn the scale of party power, is not suitable t on w hi( li our welfare may dejtend. The recent election ofa successor to the incumlii nt in the Presidential chair, the election of one who is to couimand our army and navy, direct our negotiation wit'n all tli;- countries with wliom we make treaties em- hraciiii;- the civiii/.ed wmld. and who disjienses the dangerous power that ofhceseekers are corrujited w ith, calls on me to notice w itii a serious in- terest the vacancy w hich has occurred, and that w hich will soon occur, in the places you arc entitled to fill in the Senate of the United States, it has been urged tliiit to fill tlie rxistinu: vacanc\, anlxMiiMtorial aiitlidiify siioiiUI have l)eei» aii])licil ; liiit it was llioiijrlit to he respic( 1 without any einhar- rassinent, sueh, as nii{;ht, |>i)ousi!iiiity and anxious concern hy a reference to the patriots ism and the wisdom you w ill appl\ in the case. It is now yoiu-s entirely. As such remarks are usiiallv dei-med peiliueut to the occasion, allow jue to say, \\ilhoul undertaking to e.xhihit minutely the as|)ei t of our national allairs, that it is sueh,as to warrant an> man in being proud tiiat he is a eiti/.en of these United States. A mi. re rapid course of proHi)erity hy a pacific jiolicy and not h\ conquests and military achievements, in imitiial reirard. imder good laws,and a good adiifniistraticn, may without extravagance be prononncearalled hy all that history attests. To every repnbli howevf . is one relating to the fortiticatiou of Maine in con- nection with the «)bject of common defence, which although not new, may f)e v>()rthy at present of an attention w hi<'h the couiury ma\ be more disjtosed to |iay to it than it would have been at an earlier period". When the Kngineers employed to form a plan for the nation, as to its de- fence l)y ufditary means, made their observations, although meii of high talents and intendiiii;- only to do riglit, they neglected to report favor.ddy, and as it is believed, undoul>tedly as circumstances now are, the best opinion in all its relations as to the security of our priucij)al river the Pe- nobscot. Yet it is eviileiiT that an enemy might easily advance to Ban- gor, and would control, hy a suceessfid movement, of that kitid, what is to be our (Mimmercial capital, and Itevfiid that, a most valualde and ex- tensive territory. In liict an enemy controling the naviiiahle waters of the Penobscot, aiid the towns on its borders, would have at comiti.;nd the resjion above. It seems therefore proper, when it is saiil hy the l]iie for him, or to permit the last and most exceptionable resort, that a man who has been oppressed uiifler the injustice of a neighboring government shall suffer in the commoa cause. It ought also to be stated that the advances of money auihorized by yoia- immediate j)redecessors for the use of Baker, ha\e been returned by a payment from the National Treasury without objection, and Avith the cheerful acquiescence in the request, made more valuable from the Roman virtue disjtlayed by the adoption, as a common one, of the cause of a humble citiren, than by any other consequence. The decision of the dispute as to our North Eastern Boundary is re- ferred to the King of the Netherlands, and while I submit that no refer- ence ill such a case was warrantable, yet there seems to be no objection to the personage .selected ; tor how can he, the subject of impartial liis- tory, and not apparently dependent on any advantage from either party, lii'iiiression of tlie most extreme error ? How can lie act but in the l"e;ir- lessness of his integrity, the incorruptibility of liis virtue, the rliscrimiiia- tion of Ills jiidginent, and for tJie honor of his throne. By his cliaracter he must be judged more favorably than to anticipate wrong. It would seem to be im])roper with reference to the sentiments liere entertained, to omit any o|)p()rtunity of repeating the views, most sojfinn- ly believed to be correct, as to tiie Massachusetts C'laim.that is to sav, of the claim for an allowance of the services of our Militia during the late war. No one will deny that the soldiers who came, for instance, fi-om the truly repiddican district of Oxford, for the defence of Portland, either advanc- ed to their jiost or acted on any motive but that of the most disinterested patriotism. They undoubtedly marched to the seaboard only to resist the invasion of a common enemy. It is equally evident from arithmetical calculation that if they have been paid from the treasury of Massachusetts they have in fact been paid in the unequal proportion of that treasury to the conunon treasmy of the whole country. That their patriotism should be taxed for mere official defaidts, would be so discouraging as to similar exertions, that it would be at least impolitic. Indeed if we do not admit the doctrine most unfortunately urged by Governor Strong, it cannot be denied that the Militia, whenever in a war they shall act against the na- tional enemy, have a just claim on the nation for rendering it jirotection, the protection of a part being that of the whole. Why this claim is so much neglected I know not ; but that it should be urged, if the view presented is correct, is siduriitted to your wisdom. The subject of the Militia although a trite, perioilical and popidar theme, is noticed oidy because it deserves the attention it receives. You must be informed that many persons very sincerely believe that tiie present re((uisitions on its services might in a considerable measure be dispensed with without injury. To this sentiment with great respect for those who are urging it, a decided dissent is offered. The revolutionary examples, and exjierience, the constitution, the dictates of republicanism, the erjuali/.ing influence of the system, all demand, in the largest prac- ticable proportion of popidation, an armed and trained militia. The ex- tensive frontier of the State, which no regtdar army can defend, warns us to rely on the courage and means of the whole people, who ought to be ready and able, at least, to the extent that the soldier of a regidar ar- my will be, to secure their countiT from usur|>ation, or lo resist its inva- sion. In the last war if such a sentiment had not prevailed, and but for the preventive eflfect being fortunately far superior to tbe corrective ac- 8 tion, ;iii(l it hein? known tliai an Jirnied yeomanry properly organized i» a (lanijeroiis toe, we should have bccoiiic a I'mv ince. Wisliiuor however to avoid ar^iuiK nt, |iorniit me, as ronstitutionally bonnd, to lay before you briefly the ol)j('rti(ins it has lieconie neeessarv to state a<>ainst the repeated and in-Jieiit demands for a legislative subver- sion of our present military establisliinrnt. to be followed as mav !><> feared by the imposition of one ealenlatey trainings, and we ouaht always to be spei ially ])repared. Trainings lead to that acquaintance between Officer and Soldier,which fits them more advantageously to act together, both in preparatory mea- sures and final procedures. Military duty, if for the ecpiivalerit of dpfenee and for freedom is no more a hardshiji than any tax ; and if lor the common good, no tax is a hanUhip, but a benefit. The inequality urged against tl.is mean of resistance to invasion or domestic tyranny, does not exist, because in other cases property is taxed for persons, and in this case persons are armed in part fo resist the ten- dency to aristocracy an I usurpations, and thus a balance between the dif- ferent orders of society is adjusted. As to discipline, although it is urged to be too imiierfect for any valuable effi^ct, I have only to assert my con- viction, that with the exception of scientific objects it is sufficiently good As to commissions, th;'y ousrht to be considered a >-• the hallowed nnmi- ments of an honest and pojiular credit, to last to tuture limes, as should be such elections as have placed us here, being the testimony of our countr\inen tliat they deem us worthy to be emjdoyed. These projio'^itions would appear to be offered in supererrogation, if tlM'V bad not reference to an obji-ct, or rather to an opinion which, il*you shall not approve it, you will not, it is hoped, censure tlie submission of it to yom- better judgment, especially as the object is to prevent the trouble and expense of Courts Martial, now considerably burdensome to the State. The private, as you know, is compelled to his post, and amenable not only on tho principlo .is vaIua])K' and doar lo liiiii as to liis coininaiKlci . of lionor ; luit liis inuue.st is nl;rinidable witli us, and that pride of character is a siitiicient se- curity ajrainst an exposure to so unfortunate a result, licheving- tliis impression tii l»e wrotic", wliile I am hound to fujiuow l("erhaps if might be well to alil ''your sugar." ••I.etusli!- friends. Ii:it weuill not allow to your iiiipa lU licijt iiiil.M- i.i'i.iri|K'i;iiiuMii ,iii\ i-lijiiices of severing this Union. Wr Avill I'omiiiiiiJil siiili lucaiis tliiit you .--liall not prctiiiiiK! to Jiope aiiv tliinif as to iiiiijairiiig tiic Coii.stiiiitioii our fatliors be(|U('atlit(l, lidni tlie Icars of an interested cotnirxion in |)ur,-!ia-nt ai>|x.-al is to the extejisivejiess and fertility of our lands. Iji our population occupying them, and its ciuiracter is always u Jiealthful security, iMaine ought to he a re])nhlic safe; in itself. It i< not designe.i so swell this cominunicaf ion h\ muiecessary remarks, ;:n(l it is thereibre only snhjoined on this topic that the conliding and re- spectful regard wiiich should he i)aid to eas than hoiiojable. if a nn isit^n should authorise such a sanction, ami the char- acter of the Mutlior leads against doubt, to aid in extending its circu- lation. Th(! jjroiiuction will bo submitted to your consideration. F"o!n re'ljact, to coinmiinications made to me and to the nature of the ?tiibject; it has become almost imperative to oiler some sentiments as to ill." relations of debtor and cn.'ditor, and as to our penal code. Regard- ing the ferii'cr suliject, in a young State, credit is its capital ; but credit mI■.^t i!ei)«tr;dtl;cre on the laws which bind its pledges, on the stern justice vyhieh, being superadded »o tiie inllnence of honor, is the barrier to .teniptaiion and t!ie terror- of liand. (hnitting therefore the cases of •iiisf.irrune. w hieii tlu- cunscrvaiive moral sentiment, and reselling syni- 11 patliics ol' society usually provide for, it may he feared that the pracjticc of easy, iiiaiiaiiealilc r()iii|)usitioiis with creditors may l>f iiuhil;r<'d to a degree to impair the charai ti>r of our State. Tt is especially to he so a|)prehended when we reflect that the wary and pnidciit do not iisually helong to the losing party, Imt tliat the henevolent and confiding, the good and generous, are conimoidy there engaged and there devoterl. If yon can prevonn(iary, and ilic ind)lii- buildings ; but as there are donnncnts in all these cases it is presumed that the sid)mission of those l)y leaving them in your possession, may be as agreeable and useful as any other mode of comnnmication. It should however be mentioned that the })eculiar advantages of the place for our public buildings, nrv cniiaiiccd by the discovery of a granite quarry on the site selected. Yet you will perceive that the ai)propriation of land made by the last Legislature has fallen short of the ohjcci intended, although the final expense of a sim])le, sidid and convcnieiil -tna ture will lie much dinnnishi'd by the discovery named. .\lio\\ mi" to subjoin as a general obsersation that ui> one can be more fully conscious tlian myself that we are acting in luhaltdt' a State emi- nently nM|niriiig the aid of vigilance, prudence, public spirit, inttdlegcnce and an im|>aitial integrity in tiie administration ol'its goveiiuuent. He who will justly anticipate the vast production i>f good or evil in such a $oil, will be careful as to what heshall jdant. Xnd .ilthough the intrench- 12 merits we have formed and tlie men who guard them may be destroyed, it i=> a consolation to hpiicve that such an eflect cainiot soon or easily he ])roduced and not until the beauty and the benetit of agriculture and the arts, enjoyed under equal rights, shall Jiave distrilnited much of hap- l»iness. ENOCH LIM OL\. CocKcir, Chamber, } Porfland, Januan/ 8th, 1829. ^ The Conimiltee, to whom was referred so much of the Governor's Speech as rehites to the North- Easterii Boundary, have had the same under con- sideration, and ask leave to REPORT. That the people of this State fully appreciate the importance of ascerting their just rights to the large and valuable tract of country at the north- eastern angleof our State which is claimed by the British nation. — This territory contains about six and a half millions of acres — about one third of our State — is well watered by the St. John river and its tributaries, is valuable for its fine timber, and still more so for the excellence of its soil, and is destined, at no very distant day, to support and sus- tain from its own productions, a body of farmers equal in number to that of any other tract of coun- try, of the same extent, in New-England — our ti- tle to this territory was, until recently, not only unquestioned by the British Government, but was, in numerous instances, expressly recognized by it. Their claim to it seems to have had its origin in that modern, but detestable doctrine, that " what convenience requires, policy sanctions." The mass of farts and documents, collected and embodied in a Report made to our last Legisla- ture in relation to this subject, was well calculat- ed to rouse the attention of the people of the Unit- ed States, and especially of this State, to this in- teresting object, and to produce conviction in the minds of all, that no intelligent man or tribunal can, by possibility, decide this important ques- tion against us. Our Commissioners, who ne- gotiated the Treaty of Ghent, having no suspicion that this territory or any portion of it was claimed by the British Government, made provision in the 5th Article for the eventual settlement of the North-Eastern Boundary by an Umpire. But it may be safely affirmed from the discus- sions which were had on this occasion, in the course of which we were asked to cede to them a passage way for their mail between Halifax and Quebec for an equivalent, that it did not enter into the contemplation of the British or American Commissioners, that our title to this territory was, under this Article, to be draivn in question ; but they intended merely to provide a practical mode of runninj' and ascertaining the boundarv line on the surface of the ground. Tlicre seems to liave been an understandins: be- tween the Government of the United States and the British Government early in 1826, that each party should abstain from any acts which might be construed into an exercise of the rights of sover- eio-nty or soil over the disputed territory, except for the purpose of preserving it in its then present state, until the iiiuil tlctcrniination ofthe question. Tlie motive to this understanding, it is obvious, was the prevention of dangerous collisions between the people of neighboring and friendly powers. This understanding, it is believed, has been hither- to scrupulously observed on the part ofthe United States and this State 5 but the Committee arc concerned to say, it has not been respected by the authorities of New-Brunswick, and as recently as August la^st was expressly disclaimed and re- nounced by the British Government. Citizens of this State, settled on the Aroostic and other points within our ancient and well established limits, have been subjected to the operation of foreign laws — their possessions taken av/ay on writs of Trespass and Intrusion — their persons arrested on a charge of sedition and other offences against the crown of Great Britain, and tried, convicted and imprison- ed. — And when our Government have remonstrat- ed against these acts of aggression and outrage, what has been the answer of the British Govern- ment ? — " We will make you no satisfaction — tlie whole of this territory, of right, belongs to us, and therefore, we must, and will cause our laws to operate on all persons within it — and, if we have not just title to it, we have the actual possession and jurisdiction, and therefore, all, who settle or are found on this territory, owe a local and temp- orary obedience to the laws of New Brunswick." Thus this assumed exercise of jurisdiction over the whole disputed territory will, in all probabil- ity, at some future time, be urged by the British Government as evidence of their title, and our ac- quiescence in their claim. It is evident therefore, that we are not restrained by any supposed un- derstanding between us and the British Govern- ment from causing the authority of our laws to operate for the protection of our citizens settled on this territory, still less that we are not at liberty to prevent the forest lands from being stripped of their timber. The government of the United States, though it has assumed (and we are not disposed at this time to question the right) the authority to settle our title to this tract of country, by referring the dispute to an umpire, has no means, it Avill be re- collected, of exercising actual jurisdiction, or of making itself felt on this territory, except through the instrumentality of this State and its laws. If then the controversy should fail to be settled with- in two years, the time stipulated within which the umpire must decide, and which is perhaps, not im- probable, the question occurs, are we to remain silent and passive spectators, while our neighbors of New-Brunswick shall strip the land of its tim- ber, persecute and expel our citizens, and cause their own settlers to spread over the territory ? It is not beheved the people of Maine are prepared to submit to such usurpation — that they will suffer nearly one third of their whole territory to be thus wrested from them without an eflbrt or a murmur. The people of this State have a constitutional right to claim,]and do claim of the government of the United States, that they will not suffer the in- tegrity of our State to be violated — that they will assist us in preserving our ancient land-marks, and in vindicating our undoubted right to all the terri- tory assigned and secured to us by the treaty of 1783. The present national administration has uniformly manifested a zeal and solicitude in rela- tion to this subject highly gratifying to the people of this State ; and we hope and trust the next ad- ministration w ill be equally anxious to vindicate and maintain all our just rights. All which, with the accompanying Bill '' To prevent Foreigners from exercising acts of juris- diction within this State by serving civil or crimi- nal process," is respectfully submitted. T. BOVTEL'LE, per order. *^.f state of Maine. In the year of our Lord one thousand eight hundred and tu'enty-nine. An Act to prevent Foreigners from exercising acts of jurisdiction within this State by serving civil or criminal process. Be it enacted by the Senate and House of Rep- 2 resentatives, in Legislature assembled, That if 3 any person, not a citizen of the United States, or 4 any person under the authority, or color, or pre- 5 tence of authority from any foreign prince, state, 6 or government, shall enter upon any lands, cut any 7 timber or serve any civil or criminal process, or 8 exercise any act of jurisdiction, authority, orown- 9 ership, or shall pretend or attempt, or claim right, 10 or threaten to do or perform any of the acts afore- 11 said within the limits of this State as described by 12 the treaty of seventeen hundred and eighty-three, 13 and always claimed and asserted by this State and 8 14 the United States, such person or person, and ev- 15 ery person who shall in any measure, aid, abet, or 16 encourage the same, shall be deemed guilty of a 17 high misdemeanour, and shall be liable to be tried 18 for the offence by any Court having competent jur- 19 isdiction in any county within this State, and shall 20 be punished by fine and imprisonment, at the dis- 21 cretion of the Court, according to the nature and 22 aggravation of the offence. HOUSE OF REPRESEITTATIVIiS; February 28, 1829. Read 1st and 2d time, and assigned for a 3d Read- ing on Monday next at 10 o'clock, and 300 copies ordered to be printed for the use of the Members. Extract from Journal. Attest, JAMES L. CHILD, Clerk. r^ . r^ X^M'^P^m-Mht ^^ARYOF CONGRESS 011 895 602 3 i^^^^^i^^^^ A'^-A-f^ S^^0(f^»^ M'^'^A 'ma m^M^mt ■« « . - A >^ i' *. ,^^/^ ■M^' 'i^m '^^ * ,1 ,-^t - '^'•*':^* ^.^ec /^'^AaA^^'^'^?^ .i i^'^^/ 'VAi^ i AA*^ ^^^^^'^^' ;*i^' ,^'^;;^^