Thomas's Massachusetts Spy, Or, Worcester Gazette

Commonwealth of Massachusetts.
In the year of our Lord one thousand eight hundred and twenty-one.
[Concluded from our last.]
COMMONWEALTH OF MASSACHUSETTS.
The Committee of both branches of the Legislature, appointed to meet a Committee of the Legislature of the State of Maine, for the purpose of making sale of the land, in the latter State, belonging to this Commonwealth have attended to the duty assigned them, and ask leave, respectfully, to offer the following REPORT:
The committees from the two States met, for the first time, on the 3d instant. Since that day, your committee have devoted as much time and attention to the important subject referred to them, as their Legislative duties would permit.
With the limited knowledge which is had of this large, and, for the most part, unexplored tract of country, no very accurate opinion can of course be formed, as regards either the quantity, the quality, or the value. On one quarter, the boundary line between the State of Maine and the British government remains unsettled.
In considering the subject of a sale, to the State of Maine, of that part of those lands which belongs to Massachusetts, some very interesting views presented themselves to both committees, not only as respects their value, but especially as to the continuance of that harmony and good understanding, between the two States, which has so happily prevailed, and which it is of such vast importance mutually to cherish and encourage. In those views the committees were well supported by the resolves under which they have acted on this occasion.
Should the lands, instead of being sold, as the resolves contemplate, be surveyed and divided by commissioners, agreeably to the act separating Maine from Massachusetts, the expense would necessarily be very great to both States-much time would be consumed, and all this, probably, without adding much if any thing to their value. In the mean time no sales could be made; the legal settlement of them would-be wholly prevented, and the number of disputes and difficulties, already so intricate and troublesome, would, in the judgment of your committee, be greatly increased. After such survey and division shall have been made, and each State had its part assigned, new difficulties would be likely to arise, notwithstanding the best efforts of those concerned to avoid them. The lands of each State will probably be brought into the market at the same time. In the disposal of them, different plans would probably be adopted to the disadvantage of both States. Interferences would inevitably ensue; and, should no such arrangement, as that now contemplated, be made hereafter, it is impossible to conjecture how long these difficulties will last, if any opinion can be predicated from the grants and sales which have heretofore been made and effected. It need hardly be added, that during this long process, the increase of population in Maine must be very slow, compared with what it would be if the lands were the entire property of that State.
With these impressions on the minds of the committees and knowing the sincere desire of Massachusetts to contribute every thing in their power, consistently with their own interest as a State, to the happiness, the growth, and the prosperity of Maine, so lately a part of Massachusetts your committee have entered into the agreement which they have now the honour to submit. They are fully aware of the great diversity of opinion, respecting this part of the property of the Commonwealth; and they ought not to be surprised if the sum were, by many, deemed far below its true value. But it ought to be kept in mind, that the committee were instructed, as they believed, to enter upon this negotiation in a spirit of amity and compromise; and fortunately it is their province only to consider and report what they think expedient, under existing circumstances, and not to conclude the Commonwealth by any act of theirs.
The committee express their hope, if their doings should not meet the approbation of the Legislature, that no harm will have been done to the Commonwealth, nor to the State of Maine: Considering this most interesting but embarrassing subject in all its bearings, having included in the settlement an adjustment of all matters in difference between the two States, as well relating to, personal property as real; having brought their respective claims to a close, in such a manner as to render it unnecessary for the commissioners to proceed--in short, having made the best terms in their power, the committee have been brought to this result. And to the wisdom of the Legislature, the agreement accompanying this report is, with great respect, submitted for their ratification.
By order,
P. C. BROOKS, Chairman.

Memorandum of an Agreement
Made and concluded the fourteenth day of February, in the year of our Lord, one thousand eight hundred and twenty-one, by and between the Honourable Peter C. Brooks, and Jonathan Dwight, jr. Samuel Hubbard, Hugo Burghardt, and John Hooper, Esquires, a Committee acting on the part and behalf of the Commonwealth of Massachusetts, by virtue of a resolve of the Legislature of said Commonwealth, passed the third day of February, instant, on the one part; and the Honourable James Bridge, Benjamin J. Porter, Lothrop Lewis, and Daniel Rose, and Nicholas Emery, Esq. of the Legislature of the said State, passed the twenty-ninth day of January last, on the other part.
The Commonwealth of Massachusetts do hereby agree, for the consideration of One Hundred and Eighty Thousand Dollars, to be paid by the State of Maine in the manner hereinafter provided, to sell and convey to the said State of Maine all the right, title and interest of the said Commonwealth, in and unto all the lands owned by the said Commonwealth which lie within the limits of the State of Maine, and the appurtenances to the same belonging, together with all the deeds, maps, plans, field-books, charters, books, and documents relative to the said lands, upon the terms and conditions following:
1st. The said State of Maine agrees to assume and perform all the duties and obligations of the Commonwealth of Massachusetts towards the Indians within the said State of Maine. whether the same arise from treaties or otherwise, and to procure the assent of the said Indians, and to deliver their release to the said Commonwealth, of all their claims and stipulations upon the said Commonwealth, whether arising under treaties or otherwise.
2d. To release and forever discharge the said Commonwealth from the payment to the said State of Maine of the sum of thirty thousand dollars, mentioned and provided for in the fifth article of the first section of the act " relating to the separation of the district of Maine from Massachusetts Proper and forming the same into a separate and independent State."
3d. To extend the time for the location of lands heretofore granted or contracted to be granted by the Commonwealth of Massachusetts, within the State of Maine, for the term of nine months from the ratification of this agreement, including herein the grant made by the said Commonwealth to the Trustees of Hopkins' Academy, by a resolve passed June 12th, 1820, which Trustees are to enjoy the same rights and privileges as are enjoyed by other persons claiming under grants or contracts by the said Commonwealth, made prior to the act of separation aforesaid.
4th: To make, execute and deliver to the Treasurer of the Commonwealth of Massachusetts, fifteen promissory negotiable Notes to be signed by the Treasurer of the said State of Maine, in his said capacity, by virtue of a resolve to be passed by the Legislature of said State, for that purpose, payable to the Treasurer of the Commonwealth of Massachusetts, in his said capacity, or bearer; each Note to be for the sum of Ten Thousand Dollars, to bear date on the day of the final ratification of this agreement by the respective States, and to be made payable in gold or silver specie at the Treasury of the Commonwealth of Massachusetts, in forty years from the date thereof, with five per centum interest, to commence in one year from the date of said Notes, and to be paid annually in gold and silver specie, at the Treasury, or at one of the Banks in Boston, at the option of the Treasurer of the State of Maine, he first giving ten days notice thereof to the Treasurer of Massachusetts, with liberty on the part of the said State of Maine to pay the principal of said Notes, or any or either of them after six months' notice, by publishing the same in two newspapers, four weeks successively, one printed in Boston, and in one printed in Portland, and by written information thereof from the Treasurer of the said State of Maine to the Treasurer of said Commonwealth.
5th. The said State of Maine shall leave with the Treasurer of the Commonwealth of Massachusetts true and attested copies of all deed, maps, plans, field-books, charters, books and documents taken by the said State of Maine, by virtue of this agreement, as may be required by the said Treasurer, and the expense of said copies shall be equally borne by the said parties and the deed of said Commonwealth to said State of Maine shall be executed immediately after this agreement shall be ratified by the said States.
And it is also mutually agreed by the said parties respectively, that all rights of actions for, or entry into lands, and of actions upon bonds for the breach of the performance of the condition of settling duties, so called which have accrued or may accrue to the Commonwealth of Massachusetts, shall remain in the said Commonwealth, to be enforced, commuted, released, or otherwise disposed of, as the said Commonwealth may hereinafter determine; subject, however, to the proviso contained in the first article or condition in the first section of the act, relative to the separation of Maine above referred to. And it is hereby well understood that it is the intention of the Commonwealth of Massachusetts not to interfere by this agreement with any gift, grant, sale, contract, or other disposition of lands heretofore made by the said Commonwealth, within the limits of the State of Maine, nor to affect the rights of any persons claiming under the said Commonwealths And it is further mutually agreed by the said parties, respectively, that all and singular the rights of non-resident proprietors of lands within the said State of Maine shall remain the same in all respects whatsoever, as though this agreement had not been made.
And it is further mutually agreed by the said parties respectively, that all and singular the provisions of the said act " relating to the separation of the district of Maine from Massachusetts Proper, and forming the same into a separate and independent State," which are not specially embraced in, nor varied by this agreement, shall continue to be in full force.
And it is further agreed between the parties aforesaid, that the State of Maine shall have and receive upon demand, a share of the arms received by said Commonwealth from the United States, in proportion to the returns of the Militia in Maine, according to which said arms have been received, together with one-third part of all the ordnance, and military stores belonging to said Commonwealth. And the field artillery and appurtenances already delivered to the militia in said State of Maine, shall be and remain the property of said State of Maine, and said State of Maine be entitled to receive from said Commonwealth one third part of all moneys, stock or other proceeds hereafter obtained from the United States, on account of the claim of said Commonwealth for disbursements made, and expenses incurred for the defence of the State, during the late war with Great-Britain agreeably to the terms of the act of separation. And whereas there exists sundry adverse claims between the two States, the settlement of which, according to the terms of the act of separation, must necessarily be attended with much delay and expense, and probably not without disagreement and controversy: the parties aforesaid, to preserve harmony and avoid the evils of contention, have agreed as follows: That the sums of money which have been or may be received by the County Treasurers in the State of Maine, which by law would be payable to the Treasurer of Massachusetts, shall be paid to the Treasurer of the State of Maine, for the use of said State of Maine. And the parties aforesaid, hereby further agree that sundry notes, accounts and contracts, bonds and awards and other documents, relating thereto contained in the schedule hereto annexed, and now in the Land Office, in Boston, amounting to the sum of $18,166.51, estimated to be worth the sum of $12,124.34, shall be transferred to the State of Maine with authority from said Commonwealth to collect, adjust, settle and receive the contents thereof for the sole benefit of said State of Maine; and said State of Maine will assume and hereby agrees to pay all pensions to which any person non-resident in said State of Maine to be settled under any grant or resolve of the Legislature of Massachusetts made before the 10th day of March, in the year of our Lord 1820. And thereupon the Commonwealth of Massachusetts and the State of Maine, do further mutually agree to release each to the other, all debts, annuities, expenses, contributions to expenses to State Prison, Arsenals, Hospitals, Colleges, or other corporations in said Commonwealth and said State of Maine, and all claims and demands of every description whatsoever, excepting such as proceed from, or grow out of this contract. And all other property, of every description whatsoever, not embraced in this agreement, belonging to the Commonwealth at the time the District of Maine became an Independent State shall continue to belong to the Commonwealth. And the State of Maine will indemnify the State or Commonwealth of Massachusetts from and against all claims and demands of every description whatsoever, which now exist or may arise hereafter by reason of any gift, grant, sale, contract, or other disposition at any time before the sixteenth day of March, in the year of our Lord 1820, made by said Commonwealth, of lands in the limits of said State of Maine, or by reason of any contracts or agreements at any time before said period made by said Commonwealth, relative to laying out of said lands, making roads, surveys for agencies of any kind or for or by reason of any other act or thing whatsoever, by which any expense or charge has been or must necessarily be incurred by said Commonwealth in any way relating to said lands: Provided, however, that the ratification and allowance of all such claims and demands shall first be subject to the judgment of the Legislature of the State of Maine, and afterwards to the judgment and ratification of the Legislature of Massachusetts. And it is further agreed that the expenses and allowance to the Commissioners appointed by the Executives of said States under the act of separation shall be borne up to the present time by the two States in equal proportion. This agreement to be subject to the ratification of the Legislature of the said States respectively. And the deeds of the respective parties and the said Notes to bear date from the date of the last ratification to be made as aforesaid; provided, however, that if this agreement shall not be ratified by both the said States within three months from the date hereof, the same shall be null and void. To which said agreement the said committees have hereunto set their hands the day and year first above written.

JAMES BRIDGE, PETER C. BROOKS.

BENJ. J. PORTER, JONA. DWIGHT, JR.

LOTHROP LEWIS, SAMUEL HUBBARD.

DANIEL ROSE, HUGO BURGHART.

NICHOLAS EMERY, JOHN HOOPER.

SCHEDULE ANNEXED TO SAID ARTICLES OF AGREEMENT.

Land Office, 3d Feb. 1821.

TO THE HON. COMMISSIONERS.

Gentlemen - At your request I herewith transmit a statement of the amount due for Notes, contracts, &c. given on account of the consideration for the purchase of lands, cutting timber, grass, &c.

Respectfully your most obedient servant,

GEO. W. COFFIN, Agent for Eastern Lands

Amount due on contracts as per schedule, see volume of Resolve 24th Feb. 1820, pages 167 and 168. 6884 46

Deduct contract with Benj. and W. Davis, (it being discharged,) 700

Deduct contract to John Dickinson, do. to John Brewer, Notes in the Treasury, 110 810

6074

6530 46

Joseph Lee, Esq. receipts for sundry Notes, 644 19

Deduct amount received of Luther Eaton & Co. in account current, -.. 60

584 19

Joseph Lee's receipt for timber and grass, per account rendered, 1394 28

George Downe's account for timber and grass, cut at Schoodic, - 7074 58

Amount of lots awarded to settlers in Penobscot, by the Commissioners of the Land Office, 6th March, 1820, see file Leonard Jarvis's papers, 2603

$18186 51

Of the aforesaid amount, it is impossible to calculate what part. will be paid; it is, however, on the interest in most and probably all cases for the contractors to pay what is due, and receive their deeds; and they will unquestionably if they are able. Of the amount due for timber and grass, it is doubtful whether much will be obtained without coercion, as persons engaged in timber cutting are mostly those who have been heretofore trespassers, and they feel as if privileged to make strip and waste without being amenable to any power whatever.

Contract of Paul Warton for Bear Island, do. Adam Gray, 80 acres in Penobscot, do. Alexander Gray, do. Charles Jarvis, 3 lots in Ellsworth, - - - 278- 456

Commonwealth of Massachusetts.

In Senate, February 15, 1821.

Whereas a report has been made by a committee of both Houses on the subject, a compromise of various matters to be settled between the State of Maine and this Commonwealth, and as this report involves many important subjects, requiring mature consideration, and as the present session will close this day :-Therefore, ordered, that this report be referred to the next session of the General Court, to commence on Tuesday, the seventeenth day of April next.

Ordered, further, That His Excellency the Governour be requested to communicate to the Governour of the State of Maine, that the contract made between the two States, subject to the ratification of the respective Legislatures, has been here considered, and that the important nature thereof renders it expedient to defer the further consideration thereof to the next session of the Legislature of this State, to be holden in April.

Sent down for concurrence,

JOHN PHILLIPS, President.

House of Representatives, Feb. 15, 1821.

Read and concurred.

JOSIAH QUINCY, Speaker.