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falling to them respectively."

The commissioners report about three

hundred settlers of this class, claiming 31,400 acres.

A portion of these lands are located in townships, the title of which had passed from the State prior to their settlement, and, of course, a considerable time prior to the date of the treaty; and it is to this portion that the resolution of the Senate, authorizing this examination, particularly applies. These lots are principally located upon both banks of the Aroostook river, from the New Brunswick line through the townships granted many years ago to the town of Plymouth, Massachusetts, for the support of an academy, and to General Eaton, in consideration of his military services in the war with Tripoli. The settlers are mostly from the neighboring province, and made their settlements while that province claimed the jurisdiction of the country. The number of these improved and occupied lots, in the two townships, is ninety-seven, embracing, in the aggregate, about 8,434 acres. All of these lots, except about one thousand acres, are shown to have been occupied or improved more than six years before the date of the treaty; and, from proof submitted to me, and which is hereto annexed, I am satisfied that most of the lots embraced in the latter description, if not clearly shown to have been occupied and improved six years prior to the treaty, were, in fact, so cccupied at that time, or very soon after, and that it would be a great hardship upon these poor settlers to make a distinction between them on so slight grounds. These settlers are all poor, and dependent for the support of themselves and their families upon the produce obtained by their own labor from their little possessions. Each family holds less, on an average, than 100 acres, and the improvements are generally of a very primitive character.

The Maine commissioners estimated, from actual observation, and from proof taken, the whole value of the property covered by these claims, in the two townships under consideration, (exclusive of the right of soil,) at about $31,000; and from the testimony of one of the commissioners, hereto annexed, it appears that they valued the land at two dollars per acre-the value of the improvements averaging a little less than $400 for each farm, and my observation would lead me to regard this as a very fair estimate.

It further appears, from the proof submitted to me, that the value of the improvements have not materially increased since the making of the treaty; and the reason assigned for the absence of improvements is the uncertain tenure by which they hold their lands. The State, while it has given titles to those settlers who had located upon the State lands, had failed to provide any security for them, and the proprietors under the original State grants were threatening to eject them unless their demands for payment for the land were satisfied.

Whatever the strictly legal and technical rights of the parties may be, it seems to be clear that "the most liberal principles of equity' according to which the faith of the government is pledged to deal with these parties-requires either that their titles should be affirmed, or that some compensation should be made them for their improvements, by which they should be saved from the entire loss of all their hardly

earned possessions, and from being turned destitute from their humble homes.

The uncertainty of their present condition evidently operates greatly to discourage and perplex them, and to retard their efforts to improve their condition.

The quantity of land covered by these possessory claims is 8,434 acres, and its value is moderately estimated at $16,862, exclusive of the improvements. If the value of these be added, the amount will be $49,139.

The commissioners of Maine, in their report to the governor, made during the last year, says: "The title to said lands can be procured from the present owners of the fee for two dollars per acre, (page 30.) And in another part of their report they say: The proprietors of said townships are willing to release their title to said lots for a reasonable compensation, or exchange the same for other lands belonging to the State, (page 17.)

It appears that the authorities of the State, anxious to carry out the beneficent provisions of the treaty towards these settlers in the most liberal and effective manner, caused these surveys to be made, and in all cases where the title was in the State, caused deeds to be executed by the land agent conveying the lands to the settlers. This is all the State could be expected to do, although it appears, from the above remarks of the State commissioners, that the expediency of the State's acquiring these lands from the private proprietors, in order to quiet the possession of the settlers, had been entertained.

Should the United States compensate the proprietors for these lands, they should require that good and valid titles be made to the settlers, so that they should be secured from all future proprietary claims. Nearly fifteen years have elapsed since the conclusion of the treaty. Some of the proprietary titles have changed hands by private sales, and some of the lands have been sold by the State for taxes, and purchased in by the assignees of the old proprietors, by which they have acquired a title subsequent to the treaty, under which new embarrassments to the settlers might arise, unless guarded against by the provision above referred to.

Lists of the names of persons regarded as entitled to hold their possessions by virtue of the treaty, showing the quantity of land held by each, and the value of their improvements, together with a plan of the surveys made under the direction of the Maine commissioners, are hereunto annexed; from which it will be seen that the whole extent of land covered by these claims is 8,434 acres, and the value of the improvements thereon at the date of the treaty, and not materially changed since, is $32,277. The value of the land, exclusive of improvements, is stated by Mr. Pattee and other competent witnesses, to be $2 per acre, and not materially changed since 1842.

It appears from the records and papers exhibited that the following named persons hold the proprietary titles to these lands, and are the claimants to indemnity for the loss of title by the operation of the treaty, to the extent stated, viz:

Laura A. Stebbins, Catharine C. Ward, Rufus Munsen, and Jame

A. Drew, jointly to 3,353 acres; on which the improvements are, $10,711.

Edmund Munroe, three quarters, and Benjamin Sewall, one quarter of 3,385 acres; improvements, $15,229.

James A. Drew and Rufus Mansur, in equal parts, 1,692 acres ; improvements, $6,337.

It has been decided by the supreme court of Maine, in Little's case, (32 Maine Reports, 214,) that the treaty being the supreme law of the land, overrides all other titles, and proprio vigore gives title to those showing a possession in conformity to its stipulations. And this seems to be in accordance with the decisions of the Supreme Court, who held that "a treaty is the law of the land, and treated as a legislative act by the courts," (2 Peters, 314;) and the treaty for the acquisition of Louisiana, stipulating to protect the inhabitants of the territory in their property, was so applied, (4 Peters, 511.) And Congress, by passing the act of the last session for the relief of John S. Little," recognizes the principle of the responsibility of the government in these cases.

List of settlers on the Eaton grant, showing the number of acres claimed by each under the 4th article of the treaty of Washington, and the value of the improvements thereon.

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Add for error. (See testimony of S. B. Pattee, commissioner)

106

3,353

List of settlers on the western section of Plymouth township, showing the number of acres claimed by each under the 4th article of the treaty of Washington, and the value of the improvements thereon. Edmund Monroe and Benjamin Sewell, proprietors.

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