Aroostook War

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The Aroostook War was an undeclared confrontation in 1838-39 between Americans and the United Kingdom of Great Britain and Ireland regarding the international boundary between British North America and the United States. The dispute resulted in a mutually accepted boundary between the present-day state of Maine and provinces of New Brunswick and Quebec.

[edit] Background

The 1783 Treaty of Paris did not satisfactorily determine the boundary between the British colonies of Upper- and Lower Canada (present day Quebec, Ontario, Manitoba, Saskatchewan, British Columbia) and Nova Scotia (present day New Brunswick) and the United States. The District of Maine had originally been deeded to James of York, brother of England's King Charles II. Language in the 1783 Treaty of Paris, reflected the wording in the original transfer of territory to Massachusetts following the Glorious Revolution that passed the Crown of England from James to his daughter and son-in-law, William and Mary, late 1690's. Following the Signing of The Treaty of Paris (1783) Massachusetts began issuing land grants in what is now eastern Aroostook County. The undefined border resulted in British Occupation of present day Maine areas of Washington County, Hancock County and Penobscot County during the War of 1812. The Treaty of Ghent, ending the War of 1812, reestablished the boundary line of the 1783 Treaty of Paris. Following the Treaty of Ghent, survey teams were sent to the northeastern boundary areas and the source of the St. Croix River - identified in the original 1783 Treaty - was marked with a monument, the line was drawn due north of the lake source and the boundary marked. As late as September 1825, Maine and Massachusetts Land Agents issued deeds, sold timber permits, took censuses, recorded births, deaths and marriages in the Saint John River valleys and its tributaries. Massachusetts Land Agent George Coffin recorded in his journal during one such journey during the fall of 1825, that returning from the Upper St John and Madawaska area to Frederickton, NB a thunderstorm ignited a forest fire. Upon arriving at Fredericton, expecting to meet with the Provincial Surveyor General to discuss timber permits issued by New Brunswick, he was told the Surveyor General was not available but was at home fighting the forest fire. Land Agent Coffin and Maine's accompanying Land Agent, General Irish, then returned to their respective homes. That forest fire became known as the Miramachi Fire. It destroyed thousands of acres of prime New Brunswick timber, killed hundreds of settlers, left thousands more homeless, destroyed several thriving communities. In the journal entries of the newly appointed Lt Governor of New Brunswick, Sir Douglass, he records the destruction and the comments that New Brunswick's very survival would depend on the vast forests to the west. News from London brought the information that Britain would not send assistance or aide to the region although Quebec, Halifax, and even Boston and New York sent aid to the region. It would take years for the economy to rebuild AND it would depend on the resources of the land west of the St John, in lands claimed, settled and administered by Massachusetts and Maine.

While the majority of St John, and Madawaska river settlers were early Acadians (descendants of the original French colonists) the upper Aroostook River Valley settlers were from lower Maine. During the years 1826-1830, Provincial timber interests had settled west along the west bank of the St. John river and its tributaries, but settlements at Woodstock, Tobique and Grand falls were the principal communities for British families. In Madawaska on the east bank of the St. John, many were French-speaking "Brayons" — also nominally British subjects — who (at least jokingly) considered themselves to be in the unofficial "République du Madawaska", and thus uninterested in the machinations of the Americans and British. The population swelled in the wintertime when lumbermen were freed from farm work to "long-pole" up the St. John River to the valley. These migrant lumbermen were a particular point of tension for the Administrations of Maine and Massachusetts who were responsible for the protection of their respective states' resources and revenues. Some eventually settled permanently in the valley and improved their land claims. Most settlers found themselves too remote from the authorities to apply formally for land, and since the boundary was unofficially, though "gentlemanly, defined it was often the government most affected that acted. Disputes heated up as factions maneuvered for control over the best stands of trees in the valley.

In preparation for a national census, the members of the Maine Legislature took action by sending John Deane and Edward James to northern Maine/northwestern New Brunswick to document the inhabitants and to assess the extent of trespass (from their point of view).

During the summer of 1830, several residents of the west bank of The St Johns at Madawaska filed to be incorporated and represented in the Maine State legislature. Acting on advise from Penobscot County, Maine, officials-a town meeting was called to select representatives for a community pursuant to Maine statute regarding the incorporation of a town. During these meetings, local representatives of the New Brunswick militia -alerted by a local resident of the east bank of The St Johns-entered the meeting and threatened arrest to any resident attempting to organize into a Maine community. The meetings continues, more militia arrived, some residents were arrested, some residents fled to the woods, letters were sent to the Maine authorities in Augusta. Letters were sent to the General Government in Washington D.C. and The U.S. Secretary of State contacted the British Minister.

King William I of the Netherlands was asked to arbitrate the dispute in 1830. William I, however, instead of complying with the terms of arbitration as set out in the previous treaties, determined to establish his own condition-a compromise between the two listed options. The British accepted the king's decision, since it afforded them more territory. The State of Maine rejected the terms, stating that The King of The Netherlands did not have the authority to determine conditions not subject to those agreed upon by the General Government of the United States. Allowing a foreign power to dictate treaty terms for the United States would set a precedence that no future government would accept. The U.S. Senate rejected it at Maine's request.

Great Britain and the United States agreed to a provisional settlement (1831/32) that allocated territory already in the exclusive jurisdiction and authority of the respective state and provincial authorities to remain in the exclusive jurisdictional authority of each, and a provision that neither would attempt to extend jurisdictional authority over areas still in dispute.

[edit] "Hostilities"

Flag purportedly raised by Baker in 1827. Curiously, this is the flag now used by the Brayon as the flag of the mythical République du Madawaska^[1]

John Baker, On July 4, 1827, Baker raised an "American" flag made by his wife on the western side of the junction of what is now Baker Brook and the St. John River. Baker was subsequently arrested by British Colonial authorities, fined £25, and jailed until he paid his fine.^[2] In a series of letters exchanged during the disputes involving the formation of a Maine community on the west bank of the St Johns,(1831/32 Gov. Smith) the terms of the arbitration agreement regarding jurisdiction and non-encroachment are clear, concise and reinforced. Maine clearly identified the history of exclusive jurisdiction and authority of Maine and Massachusetts to this region and letters by others confirmed her position.

In 1837, Governor Robert Dunlap of Maine, issued a general order announcing that Maine had been invaded by a foreign power.[1]In 1837, Britain's crown passed to the 18 year old Queen Victoria. Brought up and tutored by Whig Lord Melbourne, 4 generations of Tory government was soon to be replaced in London. Canadian positions would be the "dumping ground" for disgruntled Tory bureaucrats who viewed the United States as if it were a disobedient stepchild. During that same year, as a consequence of the closing of the National Bank of the United States, Maine residents who paid taxes were to be issued a tax refund. A special census was created to determine eligible recipients. Penobscot County Census Representative Greeley, began a census of the upper Aroostook River territory and relayed the information of the rebate. When word reached Provincial authorities led by the newly appointed Sir John Harvey, that an official from Maine was offering money to settlers, New Brunswick authorities had him arrested and taken to Frederickton. Letters from New Brunswick accused the Governor of Maine of bribery and threatened military action if Maine continued to exercise jurisdiction in the Aroostook river and its tributaries. Correspondence sent to Washington DC explained that Mr Greeley was not sent by Maine Authorities but nevertheless was acting in his capacity as a representative of Penobscot County, in territory claimed by Maine. Newly elected President Van Buren was involved in other issues and the animosity felt between the elected officials of Maine and the former Jackson administration were reflected in the series of letters sent back and forth between the respective delegations and ministers. Later that same year, Maine's Surveyor General Isaac Small took a party up to the Upper Aroostook River (T 10 R 5) and spent several weeks mapping and plotting the position for a proposed road from the termination of the current Aroostook Road to the Fish river and east to the St. John River. He returned to Augusta and submitted his report and expenses in late October/early November of 1837. His trip was uneventful and unmolested by New Brunswick authorities.

Both American and New Brunswick lumbermen were cutting timber in the disputed territory during the winter of 1838-1839 according to reports submitted to the Maine Legislature. On January 24, 1839, the Maine State Legislature authorized the newly elected Governor John Fairfield to send the Maine State Land Agent, the Penobscot County Sheriff and a posse of volunteer militia to the upper Aroostook to pursue and arrest trespassers on Maine public lands. The posse left Bangor, Maine, on February 8, 1839. Arriving at T 10 R 5, the posse established a camp at the junction of the St Croix Stream and the Aroostook River and began their business of locating trespassers, confiscating equipment and sending those caught and arrested back to be tried. A group of New Brunswick timbermen, on learning of the activities and unable to retrieve their oxen and horses used to haul the timber sent delegations to Woodstock, Tobique Settlement and to the Penobscot County sheriff in an attempt to misdirect the posse until action could be taken to secure their teams and equipment. Advancing to Woodstock, they vandalized the arsenal there, proceeded to Tobique Settlement to gather others and armed with a few stolen weapons & clubs they seized the Land Agent, his assistants and others in the middle of the night. In chains, they were transported to Woodstock where they were held for "interview". When it became known that there was a significant posse exercising jurisdiction in the area, taking stock and equipment, New Brunswick reacted. Termed "political prisoners", Sir John Harvey sent correspondence to Washington DC that he had to await instructions from London before he could act on the arrests but in the meantime he was exercising his responsibilities to ensure that the Aroostook was under kept under exclusive British jurisdiction and demanded the removal of all Maine forces from the region, under military threat from New Brunswick forces. He then sent his military commander to the T 10 R 5 campsite and ordered the militia to leave. Capt. Rines and the others refused, stating they were following orders and doing their duty. The New Brunswick Military commander was then taken into custody for interfering with the official duties of a Maine state representative. On February 15, The Maine state Legislature authorized 1000 additional volunteers to augment the posse now on the upper Aroostook River, led by Major General Isaac Hodsdon. Additional correspondence from Sir John Harvey, along with reports that British Regulars were being brought up from the West Indies, that the Mohawk nation had offered their services to Quebec and that New Brunswick forces were gathering on the St John resulted in the Issuance of General Order No 7 on February 19, 1839 calling for a general draft of Maine Militia. The 1150 volunteer troops under the direction of the Maine State Land Agent prior to General Order No 7, are not included in the published Militia Rosters by the Kennebec Journal in 1904. Early militia companies would be sent to the Upper Aroostook until February 26, 1839 when the early construction of Ft Fairfield on the Presque Isle (built from seized stolen timber by the early posse) would allow for troops to be camped on the eastern boundary. During Congressional debates in Washington on March 2, 1839, The Honorable Representative Smith of Maine outlined the events, the various communications that had been sent and received since 1825 and declared that the primary responsibility of the General Government was to protect and defend its own territory and citizens but if the General Government chose to not live up to its obligations-with or without the General Government's assistance, Maine's honor and integrity demanded she defend her territory against foreign invasion and she would. Congress agreed and authorized a force of 50,000 men and appropriated $10 million to meet the emergency. Maine committed somewhere between 3,000 and 10,000 troops to the conflict. General Winfield Scott, recently removed as commander of the Cherokee relocation activities was assigned to the conflict area, arriving in Boston in Early March. During the War of 1812, Gen. Scott had been a POW under the supervision of Sir John Harvey and that relationship was seen as a point of mutual respect. Maine's General Orders to recall the militia and place police authority in the control of a civil posse was issued in May and June of 1839. The permanent structures of Ft. Fairfield and Ft Kent were begun later that summer. Major R. M. Kirby was commander of the post and three companies of the U.S. 1^st Artillery Regiment. Four companies of the 11th Regiment marched to the area from Quebec City to represent Canada's interests. Meanwhile, New Brunswick armed every tributary of the St John River that flowed from the Aroostook Territory with regular and militia soldiers. In 1840, Maine created Aroostook County to administer the area. The United States and Britain agreed to refer the dispute to a boundary commission and although further clashed between forces would continue, the matter was settled in 1842 by the Treaty of London, often referred to as the Webster-Ashburton Treaty that included not only the Northeastern boundary but the boundary of Michigan and Minnesota. The conflicts that would erupt on Oregon's northern Boundary would continue well into the 1860's.

[edit] Settlement

The compromise reached by Daniel Webster and Alexander Baring, 1st Baron Ashburton awarded 7,015 square miles (18,170 km²) to the United States and 5,012 square miles (12,980 km²) to Great Britain. Retention by the British of the northern area of the disputed territory assured them of year-round overland military communications between Lower Canada and Nova Scotia by way of the Halifax Road. The U.S. federal government agreed to pay the states of Maine and Massachusetts $150,000 each, and they were to be reimbursed by the United States for expenses incurred while encroaching on New Brunswick territory.

Webster used a map found in the Paris Archives by the American Jared Sparks (and said to have been marked with a red line by Benjamin Franklin in Paris in 1782) to persuade Maine and Massachusetts to accept the agreement. As the map showed the disputed region belonged to the British, it helped convince the representatives of those states to accept the compromise, lest the "truth" reach British ears and convince the British to refuse a compromise. It was later discovered that the Americans had hidden their knowledge of the Franklin map. A map said to be favorable to the United States claims was apparently used in Britain, but this map was never revealed. Some claim the Franklin map was a fake created by Britain to pressure the American negotiators as their map placed the entire disputed area on the American side of the border (see John A. Garraty, The American Nation, Houghton Mifflin, p. 336).

Ultimately, the only "losers" were the original Brayon (and Native) inhabitants of the region, who saw their homeland and people split between the American state of Maine and the British colony of New Brunswick.

The war, while only minor skirmishes rather than all out battles avoided actual combat, was not without casualties. Private Hiram T. Smith, from Maine, died of unknown causes while in service to his state in 1828. He is buried in Maine on the side of the Military Road (U.S. Route 2) in the middle of the Haynesville Woods. Other Maine militiamen died of illness or injury while on the Aroostook expedition and dozens are unaccounted for, leaving their camps to go on patrol and never returning.

[edit] See also

• Caroline Affair
• Republic of Indian Stream
• Republic of Madawaska
• List of conflicts in Canada

[edit] External links

• Scott Michaud's The Aroostook War
• Hiram Smith, hero of the war that wasn't
• The Upper St. John River Valley: The Boundary Dispute
• Esprit de Corps Magazine article: The Aroostook War
• Deane and Kavanagh's 1831 Aroostook Valley legislative report (covering present-day Crouseville, Maine)
• Officers in Service During the Aroostook War
• Aroostook War Muster Rolls
• Canadian Militia History
• " The 1837 Foundation of Northern Maine When Governments act in bad faith"

[edit] References