STATE OF MAINE. HOUSE OF REPRESENTATIVES, July 31, 1846. } Ordered, That 350 copies of the foregoing Bill, reported from the Committee on the Judiciary, be printed for the use of the Legislature. SAMUEL BELCHER, Clerk. TWENTY-SIXTH LEGISLATURE. No. 34. SENATE. STATE OF MAINE. THE Committee on the Judiciary, to which was referred the message of His Excellency the Governor of the third of August, 1846, transmitting certain documents relating to the Aroostook fund, so called, and also certain other documents relating to the settlement of the claims of the State of Maine against the government of the United States, ask leave to REPORT: That the committee recommend that three hundred and fifty copies of the Governor's message, together with "an abstract from the Comptroller's account in relation to the claims of the State of Maine against the government of the United States for expenses incurred in the prosecution of the war in defense of the northeastern boundary," from the eighth item to the close of the Comptroller's certificate following that item, be printed for the use of the legislature; and that the other documents accompanying said message be filed in the archives of the State. WM. C. ALLEN, Chairman. IN SENATE, Aug 8, 1846. Read and accepted. Sent down for concurrence. DANIEL T. PIKE, Secretary. HOUSE OF REPRESENTATIVES, Aug. 8, 1846. Read and concurred. Wm. T. Johnson, Printer to the State. SAMUEL BELCHER, Clerk. MESSAGE. To the members of the Senate and House of Representatives : Since the adjournment of the last legislature, I have received from the Secretary of State of the United States, a copy of what purports to be "a detailed statement of the receipts and disbursements of the disputed territory fund", furnished to that department by the Lieut. Governor of the province of New Brunswick, and in the communication accompanying that document, notice was given me that the authorities of New Brunswick were ready to pay over to the government of the United States, the amount stated to be due from that fund, under the provisions of the fifth article of the treaty of Washington. It will be recollected, that a statement of the balance due to the United States, belonging to the States of Maine and Massachusetts, was furnished by the government of New Brunswick in the year 1843, and transmitted to the legislature by my immediate predecessor. The exhibit there made, was in the opinion of the Executive, entirely unsatisfactory, and in no way conformable to the provisions of the treaty; and an earnest remonstrance against its acceptance was addressed to the general government. The account as now stated, though professing to give a full and detailed exposition of receipts and expenditures, is believed to be still imperfect, and to show a balance in favor of the fund very much below the amount, which upon a fair and just adjudication, would be found due to us. No credit is given for receipts prior to the year 1829, though it is confidently believed, that from 1824, up to that period, consider able sums were paid into the provincial treasury from the avails of timber, cut upon the disputed territory; the bonds remaining uncollected at the period of the ratification of the treaty, have neither been given up, nor cancelled; and from the peculiar character of the lien upon the property of the obligors created by them, are regarded with uneasiness and apprehension. A large portion of the receipts credited since the year 1829 is absorbed by expenses, alleged to have been incident to their collection. And a still larger portion by expenses, said to have been incurred in protecting the disputed territory, erecting a boom, &c., most of which, is believed to have been improperly charged against ⚫the fund. The whole amount stated to have been received on account of that fund is $34.800: the amount of expenditure is charged at $19.924, leaving a balance due and payable from the provincial treasury of $14.892. Not considering it for the interest of the State to consent to a settlement which bears upon its face such conclusive evidence of erroneous statement, I have joined with the Executive of Massachusetts in requesting the Secretary of State of the United States to decline the reception of the amount offered, until some measures should be adopted for obtaining a closer scrutiny, not only into the receipts which should have been credited to the fund, but into the particular items of which the large sums retained for expenses are composed. I have been furnished by the Land Agent with a copy of a memorial addressed by the Land Agent of Massachusetts to the Secretary of State, which is also signed by the Hon. Hannibal Hamlin on the part of this State, pointing out many supposed errors in the statement of the account; and a copy of a correspondence between the latter gentleman and the Secretary of State, from which it would appear, that all proper facilities will be afforded by the government of New Brunswick, for such an investigation as may be desired. An agent has been appointed by the Governor of Massachusetts to make such investigation, and unless otherwise directed by the |