Official Note, of the 12th instant, he has been furnished by Her Majesty's Authorities in North America, with more correct information than he then possessed, respecting certain reported movements of British Troops within the Disputed Territory, which formed the subject of a part of that Official Note, as well as of the two Official Notes addressed by the Secretary of State to the undersigned, on the 24th December, and on the 16th instant.--The same reported movements of Troops were referred to in a recent Message from the Governor of Maine to the Legislature of the State, and also in a published Official letter addressed by the Governor of Maine to the President of the United States, on the 23d of December.

It appears from accurate information now in possession of the undersigned, that the Governor of Maine, and through him the President and General Government of the United States, have been misinformed as to the facts. In the first place, no reinforcement has been marched to the British Post at the Lake Temiscouata; the only change occurring there has been the relief of a Detachment of Her Majesty's 24th Regiment, by a Detachment of the same force of the 11th Regiment; this force of one Company being now stationed at the Temiscouata Post, as it always has been, for the necessary purpose of protecting the stores and accommodations provided for the use of Her Majesty's Troops, who may be required, as heretofore, to march by that route to and from the Provinces of Canada and New Brunswick. In the second place, it is not true that the British authorities either have built, or are building barracks on both sides of the Saint John River, or at the mouth of the Madawaska River: no new barracks have in fact been built any where. In the third place, Her Majesty's Authorities are not concentrating a Military force at the Grand Falls: the same trifling force of sixteen men, is now stationed at the Post of the Grand Falls which has been stationed there for the last twelvemonth. It was perhaps, however, needless for the undersigned to advert to this last matter at all, as the Post of the Grand Falls is beyond the bounds of the Disputed Territory, and within the acknowledged limits of New Brunswick.

The undersigned, while conveying the above information, upon a matter of fact, to the Secretary of State of the United States, takes occasion to repeat distinctly his former declaration, that there exists no intention on the part of Her Majesty's Authorities, to infringe the terms of those provisional agreements which were entered into at the beginning of last year, so long as there is reason to trust that the same will be faithfully adhered to by the opposite party. But it is the duty of the undersigned at the same time clearly to state, that Her Majesty's Authorities in North America, taking into view the attitude assumed by the State of Maine with reference to the Boundary question, will, as at present advised, be governed entirely by circumstances, in adopting such measures of defence and precaution, (whether along the confines of the Disputed Territory, or within that portion of it, where, it has been before explained, the authority of Great Britain, according to the existing agreements, was not to be interfered with,) as may seem to them necessary for guarding against, or for promptly repelling, the further acts of hostile aggression over the whole of the Disputed Territory, which it appears to be the avowed design of the State of Maine sooner or later to attempt. For the undersigned has to observe, that not only is the extensive system of encroachment, which was denounced and remonstrated against by the undersigned in his Official Note of the 2d of last November, still carried on and persisted in by armed bands employed by the authorities of Maine, in the districts about the Aroostook and Fish River; but that Acts, as above stated, of a character yet more violent, and obnoxious to the rights of Great Britain, and more dangerous to the preservation of the general peace, are with certainty meditated by the inhabitants of that State.-The existence of such designs has for months past been a matter of notoriety by public report; those designs were plainly indicated in the recent Message of the Governor of Maine to the Legislature of the State: and they are avowed in more explicit terms in the letter addressed to the President of the United States by the Governor of Maine, on the 21st of November, which letter has within the last few days been communicated to Congress and published.

The undersigned, it is true, has been assured by the Secretary of State, in his note of the 16th instant, that the General Government see no reason to doubt the disposition of the Governor of Maine to adhere to the existing arrangements, and to avoid all acts tending to render more difficult and distant the final adjustment of the Boundary question. But in face of the above clear indications of the intentions of Maine, as given out by the parties themselves, the Secretary of State has not given to the undersigned any adequate assurance, that Maine will be constrained to desist from carrying those intentions into effect, if, contrary to the expectation of the General Government, the Legislature or the Executive of the State should think fit to make the attempt.

The undersigned not only preserves the hope, but he entertains the firm belief, that if the duty of negociating the Boundary question be left in the hands of the two National Governments, to whom alone it of right belongs, the difficulty of conducting the negociation to an amicable issue will not be found so great as has been by many persons apprehended.-But the case will become wholly altered if the people of the State of Maine, who though interested in the result are not charged with the negociation, shall attempt to interrupt it by violence.

Her Majesty's Authorities in North America have, on their part, no desire or intention to interfere with the course of the pending negociation by an exertion of Military force; but they will, as at present advised, consult their own discretion in adopting the measures of defence that may be rendered necessary by the threats of a violent interruption to the negociations which have been used by all parties in Maine, and which the undersigned regrets to find confirmed by the language, (as above referred to,) employed by the highest official authority in that State.

The undersigned avails himself, &c. &c.

Honorable JOHN FORSYTH, &c. &c.

(Signed)

H. S. FOX.

Washington,

Washington, January 28, 1840.

The undersigned, Secretary of State of the United States, has the honor to reply, by direction of the President, to the Note addressed to him on the 26th instant, by Mr. Fox, Envoy Extraordinary and Minister Plenipotentiary of Great Britain.

The President derives great satisfaction from the information conveyed by Mr. Fox's note, that with reference to the reported movements of British Troops within the Territory in dispute, no actual change has taken place in the attitude of Her Majesty's Authorities in the Territory since the arrangements entered into by the two Governments at the commencement of last year, for the preservation of tranquillity within its limits; and from his assurances that there exists no intention on the part of Her Majesty's Authorities, to infringe the terms of those arrangements, so long as they are faithfully observed on the side of the United States. The President, however, cannot repress a feeling of regret, that the British Colonial Authorities, without graver motives than the possibility of a departure from the arrangements referred to by the State of Maine, should take upon themselves the discretion, and along with it the fearful responsibility of probable consequences, of being guided by circumstances, liable as these are to be misapprehended and misjudged, in the adoption within the Disputed Territory of measures of defence and precaution, in manifest violation of the understanding between the two Countries, whenever they may imagine that acts of hostile aggression over the Disputed Territory are meditated or threatened on the part of the State of Maine. The President cannot but hope, that when Her Majesty's Government at home shall be apprised of the position assumed in this regard by its agents, proper steps will be taken to place the performance of express and solemn agreements upon a more secure basis than Colonial discretion,-to be exercised on apprehended disregard of such agreements on the part of the State of Maine.

It is gratifying to the President to perceive that Mr. Fox entertains the firm belief, that the difficulty of conducting to an amicable issue the pending negociation for the adjustment of the question of Boundary, is not so great as has been by many persons apprehended. As, under a corresponding conviction, the United States have, with a view to the final settlement of that exciting question, submitted a proposition for the consideration of Her Majesty's Government, the President hopes that the sentiments expressed by Mr. Fox have their foundation in an expectation of his having it in his power at an early day to communicate to this Government, a result of the deliberations had by that of Her Britannic Majesty upon the proposition alluded to, which will present the prospect of a prompt and satisfactory settlement, and which, when known by the State of Maine, will put an end to all grounds of apprehension of intentions or disposition on her part to adopt any measure calculated to embarrass the negociation, or to involve a departure from the provisional arrangements. In the existence of those arrangements, the United States behold an earnest of the mutual desire of the two Governments to divest a question abounding in causes of deep and growing excitement, of as much as possible of the asperity and hostile feeling it is calculated to engender; but unless attended with the most scrupulous observance of the spirit and letter of their provisions, it would prove but one more cause, added to the many already prevailing, of enmity and discord. Mr. Fox has already been made the channel of conveyance to his Government, of the desire and determination of the President that the obligations of the country shall be faithfully discharged: that desire is prompted by a sense of expediency, as well as of justice, and by an anxious wish to preserve the amicable relations, now, so manifestly for the advantage of both, subsisting between the United States and Great Britain.

The undersigned avails himself of this occasion, &c. &c.

Honorable H. S. Fox, &c. &c.

On motion of Mr. L. A. Wilmot,

(Signed)

JOHN FORSYTH.

Ordered, That the House do on Thursday next the 14th instant, go into Committee of the whole, on a Bill to amend the Charter of King's College.

On motion of Mr. End,

Resolved, That an humble Address be presented to His Excellency the Lieutenant Governor, praying that His Excellency may be pleased to inform this House, whether he has received any communication from persons proposing to complete the Road from Restigouche to Metis, (commonly called the Kempt Road,) and further praying that His Excellency may be pleased, if expedient, to acquaint this House with the purport thereof, and whether any and what proceedings have been had thereon. Ordered, That Mr. End, Mr. Hanington and Mr. Stewart, be a Committee to wait upon His Excellency with the Address.

The House adjourned until to-morrow morning at 10 o'clock.

WEDNESDAY,

Prayers.

Tuesday, 11th February, 1840.

Read a second time the following Bills, viz :

A Bill for the Naturalization of Aliens:

A Bill to amend and continue an Act, intituled "An Act for the appointment of Firewards and the better extinguishing of Fires which may happen in that part of the Parish of Saint Stephen, commonly called Mill Town, and its immediate vicinity:" and

A Bill to regulate the Assize of Bread in the Towns of Saint Andrews and Saint Stephen, in the County of Charlotte, and to repeal the Acts now in force relating to the Town of Saint Andrews.

Mr. Boyd, by leave, presented a Petition from Alexander M'Douall and 75 others, Freeholders of the County of Charlotte, praying that the present line of Road from Saint Andrews to Saint John may be continued, with the exception of some alterations, suggested by the Petitioners, and that no new Road may be opened from Saint Andrews to Waweig; which he read.

Ordered, That the said Petition be received, and referred to the Committee appointed on the 28th January, for taking into consideration the state of all the Roads of Communication in the Province, to report thereon.

Mr. Taylor, by leave, presented a Petition from Patrick Theals, praying some additional remuneration to the present Provincial allowance for teaching a School in the Parish of Southampton, in the County of York, in consideration of the great extent of the Parish in which his School is taught, and for his long services as a Teacher; which he read.

Ordered, That the said Petition be received, and referred to the Committee for taking Petitions praying for School allowance under their consideration, to report thereon.

Mr. Taylor, by leave, presented a Petition from James and William Swim, praying Legislative aid towards running a Stage between Fredericton and Miramichi; which he read.

Ordered, That the said Petition be received, and referred to the Committee for taking into consideration the subject of Internal Communication in the Province, to report thereon.

Mr. Wilson, by leave, presented a Petition from John Lewis and 36 others, inhabitants of the County of Westmorland, praying that a grant may pass in aid of the erection of a Wharf at the Public Landing in Hillsborough; which he read.

Ordered, That the said Petition be received, and referred to the Committee of Supply.

Mr. Connell, by leave, presented a Petition from the President and Directors of the Woodstock and Fredericton Stage Coach Company, praying aid to enable them to continue their line of Stage; which he read.

Ordered, That the said Petition be received, and referred to the Committee for taking into consideration the subject of Internal Communication in the Province, to report thereon.

Mr. Woodward, by leave, presented a Petition from Ralph M. Jarvis, William Scovil, Robert W. Crookshank, and 48 others, sufferers by the Fire at the City of Saint John on the 17th of August last, (recommended by 256 other inhabitants of the said City,) setting forth, that the operation of the Acts passed at the last Session, for opening and improving the Streets, and requiring Buildings to be erected of Stone or Brick, bear very heavy on the Petitioners, and praying relief in the premises; which he read.

Ordered, That the said Petition be received, and lie on the Table.

Mr. Boyd, by leave, presented a Petition from Cornelia Hitchings, of the Parish of Saint Andrews, in the County of Charlotte, praying that the usual allowance may be granted to her, for teaching a School at that place for a period of six months, ending on the 17th November, 1838; which he read.

Ordered,

Ordered, That the said Petition be received, and referred to the Committee appointed for taking Petitions of a like prayer under their consideration, to report thereon.

Mr. Partelow, by leave, presented a Petition from John V. Thurgar and Thomas Wallace, of the City of Saint John, Merchants, praying a return of Duties on five puncheons of Whiskey, shipped to Norton, per schooner Eleanor Jane, in the month of October last; which he read.

Ordered, That the said Petition be received, and referred to the Committee of Supply.

Mr. Partelow also, by leave, presented a Petition from Abraham Gesner, of the City of Saint John, praying that an Act may pass authorizing him to light the said City with Gas, and for an exclusive privilege for that purpose, for a limited period; which

he read.

Ordered, That the said Petition be received, and lie on the Table.

Mr. Freeze, by leave, presented a Petition from George C. Vail and George Pitfield, proprietors of the Stage running on the line between Saint John and Dorchester, praying Legislative aid to enable them to continue that establishment; which he read.

Ordered, That the said Petition be received, and referred to the Committee appointed to take under consideration the subject of Internal Communication in the Province, to report thereon.

Mr. Freeze also, by leave, presented a Petition from Thomas Burnett, setting forth, that he has taught a School in the Province for thirty five years,--that he is now very old and infirm, and praying a grant to relieve him in his present indigent circumstances; which he read."

Ordered, That the said Petition be received, and referred to the Committee appointed to take into consideration Petitions praying for the School allowance, to report thereon. Mr. Boyd, by leave, presented a Petition from Samuel Frye, Physician and Vaccinating Surgeon, in the Town of Saint Andrews, praying that a grant may pass to him for his services in that capacity; which he read.

f

Ordered, That the said Petition be received, and referred to the Committee of Supply.

Mr. McLeod, by leave, presented a Petition from Eliza M'Donald, widow of the · late John M‘Donald, many years a Deputy Surveyor in this Province, praying pecuniary aid in her present destitute condition; which he read.

And upon the question, that the said Petition be received and referred to the Committee of Supply, the House divided

NAYS, 9.

Mr. Wilson, by leave, presented a Petition from John N. Chapman and Lewis Smith, Trustees of Schools for the Parish of Coverdale, in the County of Westmorland, praying that the Provincial allowance may be granted to them for a School taught by the late John Orr, a licenced Teacher, he having died shortly before the period of six months was completed; which he read.

Ordered, That the said Petition be received, and referred to the Committee for taking Petitions of a like prayer under their consideration, to report thereon.

Mr. Brown, by leave, presented a Petition from Edward Wilson and Joseph Wilson, of Saint Andrews, in the County of Charlotte, on behalf of the owners of the brig Thomas Hanford, of Cork, Ireland, praying for a return of head money paid on Passengers brought to Saint Andrews in that vessel during the last Season; which he read.

Ordered, That the said Petition be received, and referred to the Committee of Supply.

Mr. Boyd, by leave, presented a Petition from the Honorable Thomas Wyer, the Honorable Harris Hatch, Samuel Frye, and John M'Lachlan, Esquires, formerly Directors of the Savings' Bank at Saint Andrews, praying to be relieved from the responsibility occasioned by the defalcation of the Cashier to that Institution; which he read.

Ordered,

Ordered, That the said Petition be received, and referred to the Committee of Supply.

The Honorable Mr. Johnston, by command of His Excellency the Lieutenant Governor, laid before the House

The Custom House Accounts for the Port of Saint John and its Out Bays, for the year ending 5th January, 1840.

[See Appendix.]

The Honorable Mr. Johnston, also by command of His Excellency, laid before the House

Report of the Commissioners of the Machias, Seal Island, Campo Bello and Saint Andrews Light Houses for the year 1839.

[See Appendix.]

The Honorable Mr. Johnston, by leave, presented a Petition from John M'Lean, Enoch Lunt, and others, of Queen's County, praying an alteration in the existing Law regulating the Survey of Lumber; which he read.

Ordered, That the said Petition be received, and lie on the Table.

On motion of Mr. Woodward,

Ordered, That the Petition from Lauchlan Donaldson, Esquire, President of the Chamber of Commerce at Saint John, praying that some measures be adopted towards establishing a Daily Mail Communication between Saint John and Halifax, and which was presented to the House on the 29th January last, be referred to the Committee appointed on the 7th instant, to take into consideration all Petitions or applications for aid in promoting Internal Communication within this, and to the neighbouring Colonies; and further, that the said Committee be authorized to correspond with similar Committees of the Legislatures of those Colonies.

Mr. Brown, by leave, presented a Petition from the Justices of the Peace for the County of Charlotte, praying that an Act may pass to authorize an assessment to pay off the County Debt; which he read.

Ordered, That the said Petition be received, and lie on the Table.

Mr. Brown moved for leave to bring in a Bill, to authorize the Justices of the Peace for the County of Charlotte, to levy an assessment to pay off the County Debt. Leave granted.

The said Bill being brought in, was read a first time.

Mr. Partelow moved for leave to bring in a Bill, to grant to Abraham Gesner the privilege of lighting the City of Saint John and its vicinity with Gas.

Leave granted.

The said Bill being brought in, was read a first time.

On motion of Mr. End,

Ordered, That the House do on Saturday next, the 15th instant, go into Committee of the whole, on a Bill to continue and amend the Acts regulating Tavern Keepers and Retailers.

On motion of the Honorable Mr. Weldon,

The House went into Committee of the whole, on a Bill to amend the Act to declare the priority of Registered Deeds and other incumbrances upon Land. Mr. Hill in the Chair of the Committee.

Mr. Speaker resumed the Chair.

The Chairman reported, that the Committee having the Bill referred to them under their consideration, it was moved -" That the further consideration of the said Bill be postponed for three months."

And upon the question, the Committee divided as follows:

YEAS,