A. No. 12.

COMMONWEALTH OF MASSACHUSETTS.

Advice of Council respecting Encroachments at the Eastward. September 9, 1785.

His excellency the governour laid before the council a letter from James Avery, Esq. relative to the government of New Brunswick, asserting their claims to Moose Island, Dudley and Fred Island, all lying to the westward of Schoodick river, and requested their advice upon the subject— Thereupon advised, That his excellency the governour acquaint James Avery, Esq. that the governour and council highly approve of his vigilant attention to the important interest of the commonwealth; and that the said James Avery be directed to inform the inhabitants of the said islands that the said islands are, within the jurisdiction of this commonwealth; and that this government, confiding in their fidelity, expect and require the inhabitants of the same to conduct themselves in every respect as becomes true and faithful subjects of this commonwealth-That a letter be wrote by his excellency the governour to the governour of New Brunswick, upon the subject of these encroachments; and that a copy of the letter from James Avery be sent to our delegates at Congress, with the proceedings of the governour and council upon this business, to be laid before Congress.

A. No. 13.

Leller from Gov. Bowdoin to Gov. Carlton. Boston, Sept. 9, 1785.

SIR, I am informed by a gentleman who is an inhabitant in the eastern part of this commonwealth, that the government of New Brunswick hath asserted a claim to Moose Island, Dudley and Fred Island; but I flatter myself he has extended his ideas beyond the real fact, for he mentions only the conduct of the sheriff of your county of Charlotte, (Mr. Wier)-grounded on the advice and direction of judge Ludlow, in advertising and directing the inhabitants of Moose Island to attend the courts at St. Andrews, as jurymen, upon pain, in case of refusal, of forfeiting their estates.

As I am not informed that your excellency has interposed your authority, I am inclined to believe that my informant. had been premature in forming an opinion that the govern

ment of New Brunswick had given its sanction to a measure altogether unexpected and unsupportable. I have however given your excellency this information, assuring myself that your excellency will take order effectually to prevent the above mentioned and every other encroachment on the territorial rights and sovereignty of this commonwealth and of the United States,

With regard to the lands lying to the eastward of the river Schoodick, and between that and the river St. Croix, or, as the Indians call it, Maggacadava, relative to which some of the subjects of Great Britain under your immediate government appear to have adopted an improper opinion, it is a matter before Congress, who I am assured will give instructions to their minister at the court of London to assert and maintain their just claims, as set forth in the treaty agreed to between the two nations.

I have the honour to be, &c.

JAMES BOWDOIN.

His Excellency Thomas Carlton, Esq.

Governour of the Province of New Brunswick.

A. No. 14.

Office for Foreign Affairs, September 22, 1785.

THE Secretary of the United States for the department of foreign affairs, to whom was referred certain official papers delivered to Congress by the delegates of Massachusetts on the 19th instant, relative to attempts of the province of New Brunswick to extend their jurisdiction to Moose Island, &c. reports

That in his opinion the advice given by the council to his excellency the governour of Massachusetts, on the 9th inst. was proper, and that as one unopposed encroachment always paves the way for another, the commonwealth of Massachusetts be advised by Congress to proceed without noise or delay to garrison such places in their actual possession as may be most exposed.

Your Secretary proposes by these garrisons to support the inhabitants in their allegiance, and to overawe New Brunswick peace officers, whom impunity might tempt to be insolent and troublesome. He thinks these garrisons should not be so large as to give alarm; that they should be under select and discreet officers; that they should be formed by immediate detachments from the militia of some of the other

counties; be at continental charge, and be, as soon as may be, relieved by detachments from the continental troops raised or to be raised for the frontiers. That they should be ordered never to pass our limits, and to act only on the defensive, or when called upon to support the civil authority. However delicate this measure may appear, it may, in the opinion of your Secretary, be safely confided to the prudence of the governour and council of Massachusetts.

Nothing should be done to provoke hostilities on the one hand, and on the other, it must be remembered, that too great and manifest reluctance to assert our rights by arms, usually invites insult and offence.

Your Secretary is very apprehensive, that to permit these disputes to remain unsettled will be to risk mutual acts of violence which may embroil the two nations in a war. He therefore takes the liberty of calling the attention of Congress to a report he had the honour of making to Congress on this subject the 21st of April last.

Your Secretary thinks that no nation can, consistent with the experience of all ages, expect to enjoy peace and security any longer than they may continue prepared for war; and he cannot forbear expressing his fears, that the United States are not at present in that desirable situation.

As the 11th article of the treaty of alliance between his most christian majesty and the United States contains an explicit and perpetual guaranty of all the possessions of the latter, your Secretary thinks it would be advisable to apprize the court of France of the disputes in question, that his majesty may co-operate with the United States in measures proper to bring about a settlement of them. In his opinion, these measures should be formed and pursued in concert with France, and in such a manner as that she may have no just cause to be dissatisfied, or to say, that as we acted without her concurrence, we alone are to be responsible for the consequences. All which is submitted to the wisdom of Congress.

JOHN JAY.

A. No. 15.

United States in Congress assembled, Oct. 13, 1785. RESOLVED, That copies of the papers and documents. received from the governour of the state of Massachusetts, respecting the encroachment made by certain subjects of

his Britannick majesty upon the territories of that state, and within the boundaries of the United States, be transmitted to the minister plenipotentiary of the United States at the court of London, to the end that effectual measures should be immediately taken to settle all disputes with the crown of Great Britain relative to that line.

Resolved, That the said minister plenipotentiary be, and hereby is, instructed to present a proper representation of this case; and if any adjustment consistent with the true meaning of the definitive articles of peace and friendship between the United States and his Britannick majesty cannot, by such representation, be obtained in the ordinary mode of negotiation, that he propose a settlement and final decision of the said dispute by commissaries mutually appointed for that purpose, for the appointment of whom, and for all purposes incident to the final determination of the said dispute by commissaries conformably to the laws of nations, the said minister plenipotentiary is hereby vested with full powers on behalf of the United States of America. CHARLES THOMPSON, Secretary.

A. No. 16.

New York, Nov. 1, 1785.

DEAR SIR,-I have the honour of transmitting to you herewith enclosed an act of Congress of the 13th ult. respecting British claims and encroachments on our eastern boundaries, and instructing and authorizing you to take proper measures for amicably settling the disputes thence arising. You will also find herewith enclosed the several papers and documents referred to in that act, and of which a list is hereto subjoined.

It also appears to me expedient to send you copies of two reports which I have made to Congress respecting these matters, not for your direction, but that you may thereby be fully informed of my sentiments on this interesting subject. With great regard, I am, &c. JOHN JAY. Hon. John Adams.

B. No. 1.

To the President, the Senate and House of Representatives of the United States of America in Congress assembled.

THE petition of James Boyd, of Boston, in the county of Suffolk, and commonwealth of Massachusetts, esquire, humbly showeth, That your petitioner was possessed, from the year 1767 to the beginning of our contest with Great Britain, of very large property in lands situated on the eastern bank of the river Schoodick, granted him by the British government of Nova Scotia; and that during said period he introduced many families on the same lands at his own charge, and expended much property in getting the same under considerable improvement and cultivation :-But feeling himself attached to the cause of America, he took such an active part in their favour, that the resentment of the British subjects in that province compelled him to leave the country, and flee to the protection of the United States; and that in consequence thereof he has suffered poverty and distress from that day to the present time; that the said lands which your petitioner held are on the western side of the river St. Croix, and within the dominions of the United States, but unjustly now held in possession by British subjects; that the facts aforesaid and your petitioner's situation have been particularly set forth to Congress by the legislature of this commonwealth, in a letter of instructions to their delegates in the year 1786, signed and transmitted by the then governour Bowdoin, and which is now on the files of Congress, accompanied with a number of letters from governour Bowdoin, the present governour Hancock, and others, upon the subject, to which your excellency and honours will please to be referred; that your petitioner, by his thus quitting the British and joining the American interest, has been subjected to peculiar hardships and difficulties, which, with a large family he has with great anxiety sustained :-But confiding in the power and disposition of the present Congress of the United States to do him complete justice, be requests them to put him in possession of his lands aforesaid, now held by British subjects, though on this side the line between the two dominions, or otherwise recompense your petitioner who has lost the whole of his property and means of procuring a com fortable subsistence in consequence of his attachment as aforesaid.