o protect Her
Majesty's subjects and to support the civil authorities in apprehending
all persons claiming to exercise jurisdiction within it.
Second. That it is my duty to require that all persons subjects of Her
Majesty who may have been arrested in the commission of acts of trespass
within the disputed territory be given up to the tribunals of this
Province, there to be proceeded against according to law.
Third. That in the event of the rumor which has just reached me relative
to the arrest, detention, or interruption of James Maclauchlan, esq.,
the warden of the disputed territory, being correct, that that officer
be enlarged and the grounds of his detention explained.
Mr. Rogers takes charge of this letter, of which a duplicate will be
placed in the hands of the Hon. Mr. McIntire, with both of whom I have
conversed and communicated to them my views in regard to the actual
position in which I shall be placed and the measures which will be
forced upon me if the several demands contained in this letter be not
complied with; and I have reason to believe that Mr. McIntire leaves me
fully impressed with the anxious desire which I feel to be spared the
necessity of acting as the letter of my instructions would both warrant
and prescribe.
With regard to trespasses upon the lands of the disputed territory,
I beg to assure you that the extent to which those trespasses appear
to have been carried, as brought to my knowledge by recent occurrences,
will lead me to adopt without any delay the strongest and most effectual
measures which may be in my power for putting a stop to and preventing
the recurrence of such trespasses.
With high respect, I have the honor to be, your excellency's most
obedient servant,
J. HARVEY,
_Major-General, Lieutenant-Governor_.
EXECUTIVE DEPARTMENT,
_Augusta, February 21, 1839_.
His Excellency SIR JOHN HARVEY,
_Lieutenant-Governor New Brunswick_.
SIR: I have the honor to acknowledge the receipt of your excellency's
communication of the 18th instant, by the hand of Colonel J.P. Rogers.
To your demand for the discharge of the persons arrested by the
authorities of this State for being engaged in acts of trespass upon the
public lands of this State I have to say that the persons named are now
in the _custody of the law_. With that custody I have neither the
disposition nor the authority to interfere.
In regard to James Maclauchlan, esq., provincial land agent, and Mr.
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