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between aliens being under the jurisdiction and protection of the British laws Appendix. and natural born subjects; the former owed a local allegiance; and what would Madawaska be a breach of the laws by the one, would be so by the other.

The learned Judge, in closing, stated, that if, in determining the present case, this Court was undertaking to enter upon a question of rights between the two nations, it might be disposed to approach it with a degree of trepidation: but this case was altogether unembarrassed by any such considerations. It presented a chain of evidence, of clear possession and undisturbed jurisdiction on the part of this Province, from the period of its first erection down to the present time-a space of more than 40 years. One of the oldest inhabitants in the Madawaska Settlement had proved that he removed thither from the lower part of this Province 40 years ago; that he, and all the settlers there, always considered themselves as being under this Government. It is also proved, that these inhabitants have received grants of land from this Government, and have, from the beginning, been enrolled in the militia; that they have voted at elections for the County of York; have applied to the Provincial Courts for redress in all suits at law; and have uniformly exercised all the privileges, and been subject to all the duties, of other inhabitants of the Province; excepting only that the Sheriff states, that he has not summoned them to attend on Juries at Fredericton by reason of their great distance; but he expressly declares that he has always been in the habit of serving writs throughout the whole of that settlement, as much as in any other part of his bailiwick. It appears also that the defendant, Baker, considered himself as living within the Territory, and under the jurisdiction of this Province; that he applied to Mr. Morehouse, the Provincial Magistrate, for processes to recover his debts from inhabitants in the Madawaska Settlement; that he received the provincial bounty for grain raised on land, which there can be no question is the land where he now resides: and this on his own affidavit, stating himself to be John Baker, of the parish of Kent. It further appears that he attended a provincial Surveyor in laying out this very land, for which a warrant of survey, under the authority of the Province, was in a course of execution, giving directions as to the course of the lines; the grant being intended for the benefit of Baker, although it was to be taken out in the name of Nevers, a British subject. Baker himself, also, had an intention of being naturalized, and stated to one of the witnesses, Mr. George West, that he had resided the necessary time, and wished to know what other steps were necessary for this purpose; this conversation taking place on the spot where he lived, at the head of the Madawaska Settlement, and at a time when logs cut by him had been seized as being cut on Crown lands without license; and Baker claimed to be dealt favourably with, by reason of his residence within the Province, and his intention to become naturalized. The learned Judge also stated, that it appeared from the evidence, that there was no line of division to be drawn between any parts of that whole settlement, as to the possession and exercise of jurisdiction by this Province; that he could not imagine any principle upon which any such line of division. could be made; that one of the witnesses spoke of the settlement having, when he first knew it, commenced seven miles above the Great Falls: that it has since extended downwards to within two or three miles of the Falls. It had also been gradually extending upwards, and all the inhabitants, in every part of it, were equally under the jurisdiction of this Province, and entitled to the benefit and protection of its laws; and if they were to be transferred from this jurisdiction. it must be by some Act of the King's Government, competent for that purpose. The learned Judge, with these observations, left the case to the Jury, directing them to consider it in the same light, and to give the defendant the benefit of the same considerations, that they would in the case of any other inhabitant of the Province.

Settlement.

Appendix.

Madawaska
Settlement.

The Jury retired from the Box, and, after about an hour's deliberation, returned into Court with a verdict of Guilty.

The defendant was then required to enter into recognisance to appear on Monday next to receive the sentence of the Court. The same bail were accepted as before, in the same amount.

The Attorney-General stated to the Court that he should enter a Noli prosequi on the ex officio information which had been filed against the defendant; and also on the indictment which had been found against John Baker and six others, so far as regarded the present defendant.

The witnesses were informed that their further attendance would not be required.

Monday, 12th May, 1828.

Present:-His Honour the CHIEF JUSTICE,

Judge BLISS,
Judge CHIPMAN.

The defendant being called, and appearing, the Attorney-General proceeded to make several observations on the case, and concluded by moving the Judgment of the Court.

His Honour, Mr. Justice Bliss, then inquired of the defendant if he had any thing to say in mitigation, or any affidavits to produce.

The defendant said he had little to say. He was brought there, and made amenable to the jurisdiction of the Court, and must of course submit. He had no affidavits to produce: there were some facts which, if they had been brought forward, might have been material; but as he was not prepared with the whole, he had thought it better not to adduce any proof. He concluded by submitting himself to the consideration of the Court.

Mr. Justice Bliss then proceeded to pass sentence to the following effect: That the defendant had been indicted by the Grand Jury of the County of York for a seditious Conspiracy, entered into by him and others, within the jurisdiction of this Court, to which he had pleaded not guilty, alleging, at the same time, that he did not consider himself amenable to the process of this Court, being a Citizen of the United States, and that the offence charged was committed within their Territory; but the Court could not admit this to be the case, it appearing clearly that the Madawaska Settlement, where the offence was committed, has been, from the first erection of the Province hitherto, under our laws, and subject to our jurisdiction; and that the defendant, after a very fair and full investigation of the case, had been convicted by a Jury of the Country; and it now remains for the Court to pass their sentence upon him for this offence; in doing which their object was to treat him with that lenity which, so far as was consistent with the ends of justice, is uniformly extended to His Majesty's natural born subjects; and, although the Court considered the offence of which he had been found guilty, of a very aggravated nature, they have had regard to his previous long imprisonment; and their object being to secure the future peace of the Country, and not to pass a vindictive sentence personally against him, they had awarded the punishment accordingly; and did sentence him to be imprisoned in the common gaol of the County of York for the term of two calendar months, and to pay a fine to our Lord the King of £25, and remain committed until the same was paid.

The Defendant, John Baker, was then taken into custody by the Sheriff.

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No. 39.

Extracts from the Census of the United States for the Years 1810 and 1820, published by Authority of an Act of Congress:

Census of 1810.-AGGREGATE Amount of each description of Persons within the DISTRICT OF MAINE.

FREE WHITE MALES.

FREE WHITE FEMALES.

OF THE RESPECTIVE

TOWNS.

to 10.

to 16.

to 26.

to 45.

45, &c.

to 10.

to 16.

to 26.

to 45.

45, &c.

Kittery

Elliot

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York

424

216

251

268

263

422

223

289

340

331

19

3,046

Wells

670

344

427

421

319

696

346

473

469

317

7

4,489

Arundel

381

211

225

199

166

351

200

237

213

177

....

2,371

Biddeford

284

131

136

179

94

165

130

153

165

117

9

....

1,563

Lebanon

317

159

155

151

140

333

181

197

174

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4,455
2,362

Newfield

Sanford

Alfred

Lyman

156

67

66

83

54

131

51

77

86

40

1

815

...

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Saco

444

178

278

257

131

395

194

275

201

137

....

2

....

2,492

Parsonsfield

303

152

174

168

72

310

152

181

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Limerick

210

106

93

101

67

212

110

122

96

60

....

....

1,177

Cornish

182

87

94

81

49

175

92

91

82

38

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Waterborough

250

131

125

129

72

246

137

69

132

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Philipsburgh

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Buxton

402

202

199

198

164

349

184

246

217

161

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Limington

329

148

151

149

104

331

146

160

147

109

....

....

1,427
2,324
1,774

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Census of 1810.---DISTRICT OF MAINE-Continued.

FREE WHITE MALES.

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to 10.

to 16.

to 26.

to 45.

45, &c.

to 10.

to 16.

to 26.

to 45.

45, &c.

Portland

1,038

452

693

847

297

1,124

480

860

829

347

202

7,169

Falmouth

674

283

410

423

261

654

286

416

412

265

21

North Yarinouth

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573

286

299

320

186

514

248

322

325

202

20

Free-Port

....

3,295

384

189

170

194

145

375

164

224

207

129

3

Pegypscot

130

68

63

70

49

159

70

77

67

47

5

2,184 805

Brunswick

426

212

307

247

152

426

198

287

239

135

53

....

Pownal

157

82

72

86

39

157

79

80

84

36

...

2,682

872

....

Durham

346

149

148

150

101

308

125

162

157

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Harpswell

184

100

120

111

84

174

86

139

104

81

7

Scarborough

....

1,190

309

158

182

196

174

309

152

229

199

177

9

Cape Elizabeth

...

2,094

234

125

107

124

114

229

106

[blocks in formation]

Gorham

407

245

233

240

182

367

256

262

241

192

7

....

2,632

Baldwin

Standish
Gray

121

28

33

46

47

105

56

21

60

29

546

....

256

125

112

140

81

222

116

99

141

81

250

106

108

121

75

219

100

130

119

76

[blocks in formation]

Windham

268

132

160

144

108

267

124

163

154

92

1

1,613

New Gloucester

257

125

172

140

110

270

142

173

[blocks in formation]

Minot

358

180

200

158

122

350

160

200

176

116

...

....

2,020

Poland

171

81

77

67

44

159

66

76

[blocks in formation]

Bridgeton

174

98

82

65

43

143

87

89

[blocks in formation]

Raymond

156

65

66

74

45

161

61

88

[blocks in formation]

Thompson Pond, and

Shaker Settlement

12

17

11

Harrison

96

35

16

Otisfield

175

62

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7,156

3,398 3,906

4,127

2,545

7,002

3,282

4,335

4,194

2,520

366

42,831

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Census of 1810.-DISTRICT OF MAINE-Continued.

[blocks in formation]

Wiscasset.

Woolwich.

[blocks in formation]

Dresden...

205

98

116

100

64

178

84

88

97

64

2

1,096

Bath

423

181

244

281

123

389

187

269

249

115

30

2,491

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