pose 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.
Wherever, then, the right of jurisdiction and sovereignty over this
territory may dwell, the undersigned feels satisfied that Her Majesty's
Government can not fail to perceive that the arrest and imprisonment of
Mr. Greely under the circumstances of the case was not only a violation
of the rights of the United States, but was wholly irreconcilable with
that moderation and forbearance which it is peculiarly the duty of both
Governments to maintain until the question of right shall be
definitively settled.
It becomes the duty of the undersigned, therefore, in pursuance of
special instructions from his Government, to invite the early and
favorable consideration of Her Majesty's Government to the subject, and
to demand, as a matter of justice and right, the immediate discharge of
Mr. Greely from imprisonment, and a suitable indemnity for the wrongs
he has sustained.
Before closing this note the undersigned will avail himself of the
occasion to remind Lord Palmerston of the urgency which exists for the
immediate and final adjustment of this long-pending controversy, and the
increased obstacles which will be thrown in the way of its harmonious
settlement by these repeated collisions of authority and the exercise of
exclusive jurisdiction by either party within the disputed territory.
He begs leave also to repeat to his lordship assurances of the earnest
and unabated desire which the President feels that the con
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