eastern Boundary, observes that, "Mr. Canning also suggested the propriety of abstaining on both sides, pending the Suit, from every act of Sovereignty over the contested Territory."

That such a Stipulation was not introduced into the late Arbitration Convention, is probably to be attributed to the supposed adequacy of the existing understanding between the Parties, and to the fact that no collision of importance, not disavowed, had then occurred.

Considering the protracted discussion on the case of Mr. Baker, and the several grievances alluded to in the Note of the 5th of May, or brought into view by the Correspondence at Washington, the Undersigned cannot account for the conclusion to which Lord Aberdeen has arrived," that no practical inconvenience has been alleged by Mr. Lawrence to exist." He would observe, on the remark which Lord Aberdeen founds on this allegation, that, if British Jurisdiction has been heretofore occasionally exercised, in cases prejudical to the rights of The United States, their omitting to notice these occurrences in a remote Section of their Dominions, and of which they were ignorant, is wholly different from their acquiescing in a transaction where their authority, appealed to by an American Citizen, has been openly set at defiance.

The Undersigned doubts not that the Government of The United States will do full justice to the spirit in which Lord Aberdeen disclaims, by command of his Sovereign, all intention of influencing the decision of the Arbitrator, by any exercise of jurisdiction over the disputed Territory; and he takes this opportunity to remark, that it has not been his intention, either on the present, or other occasions, by any designation which he may, for convenience, or for the purpose of expressing the conviction of his Government on the subject, have given to the District, to assume as uncontroverted any of the points in dispute. He is fully aware that, in the face of a solemn Instrument, to which his Country is a party, setting forth that differences as to the settlement of the Boundary in question do exist, and agreeing to refer them to the decision of a friendly Sovereign or State, such an attempt, if made, would be worse than useless.

He has, moreover, endeavoured, as far as practicable, to abstain from any investigation of the Question of Right-the true Province of the Arbiter. He can now only add his regret, that there is not the same accordance of views between their respective Governments, on the subject to which this Note relates, as was on a recent occasion happily found to exist, on a more important business, affecting the same Territory, which the Undersigned had the satisfaction to arrange with Lord Aberdeen. The Undersigned, &c. The Right Hon. the Earl of Aberdeen.

W. B. LAWRENCE,

SIR,

(28.)-The Governor of Maine to Mr. Clay.

Executive Department, Portland, 23d October, 1828, I HAVE received the enclosed Document relative to the situation of Mr. Baker, the American Citizen, confined in the prison of New Brunswick, to whose situation the attention of the President has been paid in the spirit which commands the most respectful acknowledgment.

You have seen the aggravated character of Mr. Baker's conviction, and will perceive the unfortunate effect of his detention, from the necessary influence on his health, his property, his happiness, and that of his family, by the serious disaster in which he is involved. He remains a Prisoner, under the domination of that Government, of which the President, long since, demanded his release, with indemnity. Through him, too, all his Fellow-citizens are suffering injury, may not add, doing wrong, by too patient an endurance of his oppression.

I

His family is numerous and respectable, and reduced to want by the absence of a Husband and Parent's care. His property was grow. ing by his industry and economy, but is falling fast to ruin; and he is a solitary American in a Foreign goal. In his conduct he has exhibited the utmost discreetness; and while, with the firmness of a Freeman, and the dignity of a Patriot, he has denied the jurisdiction of New Brunswick over his person and property, he has submitted, with patience, to the power which it belonged only to Maine and his Country to resist. If he shall persevere, he will deserve to be called truly great; but it is principally my object to solicit information, whether he cannot be relieved, consistently with the objects the General Government may be pursuing, so that he shall not be made absolutely the victim of tyranny and cupidity. Unwilling, after the very acceptable interposition of the President, to adopt any measure which may not accord with his wishes, and relying on the energy with which it is believed every right guarantied by all our Constitutions will be protected, no measure in regard to Mr. Baker has been adopted, excepting the one I will mention. Finding that Mr. Baker's family are in distress, in reference to the means of support, the Council of this State has unanimously advised the advance of 212 dollars for their relief, which has been drawn, for that purpose, from the Treasury. It is deemed that this will be considered as an allowance made on account of The United States, and that, to use a mercantile expression, it will be honoured accordingly. In short, it may safely be said, that the confidence inspired, by the demand made in this Case by the Chief Magistrate of the Union, is continued as to all the objects to be insisted upon for the redress of the wrong we have suffered.

As Mr. Deane has been requested to take charge of this concern, personally, at the place of the residence of Mr. Baker's family, and is, also, in the employ of The United States, under the direction of Mr.

Preble, it may be of some advantage if you shall honour me with a Reply, if it shall be received, as soon as your convenience will permit. I have the honour to be, &c.

The Hon. Henry Clay.

SIR,

ENOCH LINCOLN.

(Enclosure.)-Mr. Daveis to the Governor of Maine.

Portland, 13th October, 1828. I AM authorized by John Baker to apply for the relief provided by the Legislature on behalf of his family.

As the Government of The United States has recognized his rights, as a Citizen thereof, to the restoration of his liberty, and an indemnity for what he has suffered, it may be proper to make this application with a due saving of the claims that have been thus asserted in his favour.

Mr. Baker desires that a representation may be made of the painful situation in which he has been placed for a Year past. He expresses a suitable sense of what has been done for his benefit, while he is made to feel that its only effect has been to give a more determined character and continuance to his confinement.

Mr. Baker, therefore, solicits that such measures may be taken as may serve to procure his release. Although it becomes his duty to wait his deliverance, he deems his liberty of too great value to be sold for gain.

Besides that he has been impoverished by the repeated seizure of his property, and the circumstances of his long imprisonment, by the Government of New Brunswick, his family is in distress for the means of support, and without sufficient shelter against the approaching winter, as the house which he was erecting, when he was taken from them, was unfinished. He is also obliged to pay for his own maintenance in prison.

I have, accordingly, to request such aid and advice, as the condition and circumstances of Mr. Baker and his family may require, and the Government of the State may see fit to extend.

Governor Lincoln, Maine.

I am, &c.

C. S. DAVEIS.

SIR,

(29.)-Mr. Clay to the Governor of Maine.

Department of State, Washington, 6th November, 1828. I HAVE the honour to acknowledge the receipt of your Excellency's Letter, under date the 23d ultimo, transmitting a Copy of a Letter addressed to you by C. S. Daveis, relative to the Case of the unfortunate John Baker. The President, participating with you in the sympathy felt on account of his condition, regrets that the efforts which have been

made to obtain his liberation, and indemnity for the wrongs which he has suffered, have been hitherto unavailing. Your Excellency states that the Council of the State of Maine has advised the advance to Mr. Baker of 212 dollars, for his present relief; which is considered to be a proper charge against the Federal Government. I am authorized by the President to say, that the State of Maine shall be reimbursed the sum thus advanced. Your Excellency's Draft for that amount upon this Department will be duly honoured, whenever presented. I have the honour to be, &c.

His Excellency Enoch Lincoln.

H. CLAY.

Message of the President, transmitting the above Papers to Congress. Washington, 21st January, 1829.

IN compliance with 2 Resolutions of the House of Representatives of the 5th instant, requesting information received, not heretofore communicated, in relation to the Arrest and Trial, in the British Province of New Brunswick, of John Baker, a Citizen of The United States, and the Correspondence between the Government of The United States and that of Great Britain, in relation to the said arrest, and to the usurpation of jurisdiction by the British Government of New Brunswick, within the limits of the State of Maine; I transmit a Report from the Secretary of State, with the Information and Correspondence requested by the House.

JOHN QUINCY ADAMS.

To the House of Representatives of The United States.

(Enclosure.)—Report of the Secretary of State to the President. Department of State, 20th January, 1829.

In pursuance of Resolutions of the House of Representatives of the 5th instant, requesting the President" to communicate, so far as he may deem it consistent with the publick interest, all the information received, not heretofore communicated, in relation to the seizure of John Baker, a Citizen of The United States, within the limits of the State of Maine, by Persons acting under colour of authority from the Province of New Brunswick, and transporting said Baker beyond the limits of The United States, and there imprisoning, trying, and punishing him, for an alleged Offence against the British Government, committed within the limits and jurisdiction of The United States and the State of Maine ;" and, also, "all the Correspondence that has passed between the Government of The United States and that of Great Britain, in relation to the aforesaid arrest, and to the jurisdiction usurped by the Authorities of the British Province of New Brunswick, or of the British Government, over any portion of the Territory within

the jurisdiction of The United States, and within the limits of the now State of Maine, as defined by the Treaty of Peace of 1783*,” the Secretary of State has the honour to submit to the President the Documents embraced in the subjoined List, which contain the information and Correspondence requested by the Resolutions.

The President of The United States.

Respectfully submitted,

H. CLAY.

SPEECH of the Lords Commissioners on the Closing of the British Parliament, 28th July, 1828.

My Lords, and Gentlemen,

We are commanded by His Majesty to acquaint you, that the business of the Session having been brought to a close, His Majesty is enabled to release you from your attendance in Parliament.

His Majesty commands us, at the same time, to return to you His warm acknowledgments for the zeal and diligence with which you have applied yourselves to the consideration of many subjects, of great importance to the Publick welfare.

The Provisions which you have made for the Regulation of the Import of Corn, combining adequate protection for domestick Agriculture with due precaution against the consequences of a deficient harvest, will, in the confident expectation of His Majesty, promote the inseparable interests of all Classes of His Subjects.

We are commanded by His Majesty to acquaint you, that His Majesty continues to receive from His Allies, and from all Foreign Powers, assurances of their friendly disposition towards this Country.

The endeavours of His Majesty to effect the Pacification of Greece, in concert with His Allies, the King of France and the Emperor of Russia, have continued unabated.

His Imperial Majesty has found himself under the necessity of declaring War against the Ottoman Porte, upon grounds concerning exclusively the interests of his own Dominions, and unconnected with the Stipulations of the Treaty of 6th July 1827.

His Majesty deeply laments the occurrence of these Hostilities, and will omit no effort of friendly interposition to restore Peace. The determination of the Powers, Parties to the Treaty of the 6th July, to effect the objects of that Treaty, remains unchanged.

His Imperial Majesty has consented to waive the exercise in the Mediterranean Sea, of any rights appertaining to His Imperial Majesty in the character of a Belligerent Power, and to recall the separate Instructions which had been given to the Commander of His Naval

* See State Papers, 1826, 1827. Page 1004.