lity_ the divisional line
then would fall south of the Kennebec. If the want of the consent of
Maine is the obstacle to such an adjustment, we trust it will always
remain an insuperable one. Indeed, we protest against the application
to us of such a rule as manifestly unequal and unjust.
We come now to the recent transactions of the British colonial
authorities, sanctioned, as it appears, by the Government at home, and
we regret to perceive in them also those strong indications of continual
and rapid encroachment which have characterized that Government in the
whole of this controversy. Mr. Livingston, in his letter of 21st July,
1832, proposes that "until the matter be brought to a final conclusion
both parties should refrain from the exercise of jurisdiction," and
Mr. Vaughan, in reply of 14th April, 1833, in behalf of his Government,
"entirely concurs." Here, then, the faith of the two Governments _is
pledged to_ abstain from acts of jurisdiction until all is settled. Now,
how are the facts? We understand, and indeed it appears by documents
herewith exhibited, that an act has passed the legislature of New
Brunswick "incorporating the St. Andrews and Quebec Railroad Company,"
that the King has granted, L10,000 to aid the enterprise, and that the
legislature of Lower Canada, by its resolutions of both houses, has
approved the scheme and promised its cooperation. It may be that the
Government at home was not aware that this railroad must inevitably
cross the disputed territory.
But this ignorance of the subject seems incredible. A railroad from St.
Andrews to Quebec would be _impossible_ unless it crossed the territory
in question, even next to impossible and totally useless were it to pass
at the north of the St. John. It seems, therefore, extraordinary indeed
that the British Government, even in the incipient stages of this
enterprise, should make an appropriation which is in direct violation
of its solemn pledge. To give to a railroad corporation powers over our
rights and property is the strongest act of sovereignty. It is an act of
delegated power which we ourselves give to our own citizens with extreme
caution and with guarded restrictions and reservations. This railroad
_must_ not only cross the disputed territory, but it crosses it 50 miles
south of the St. John and almost to the southerly extremity of the
British claim, extravagant as it is. By the map herewith exhibited of
the survey of the route it appears
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