_Frederickton, New Brunswick, February 18, 1839_.
His Excellency the GOVERNOR OF MAINE.
SIR: I have the honor to acknowledge the receipt, by the hands of
Hon. Mr. Rogers, of your excellency's letter of the 15th instant.
Mr. McIntire and the gentlemen with him have been subjected to an
examination before Her Majesty's attorney-general of this Province, who
has reported to me that the offense of which they stand charged is one
rather against the law of nations and of treaties than against those of
this Province. They must accordingly be regarded as "state offenders."
In this view, their disposal rests exclusively with Her Majesty's
Government, to which I shall accordingly report the case. In the
meantime I have had pleasure in directing that they shall immediately be
allowed to return to the State of Maine upon pledging their parole of
honor to present themselves to the Government of this Province whenever
Her Majesty's decision may be received, or when required to do so. The
high respectability of their characters and situations and my desire to
act in all matters relating to the disputed territory in such a manner
as may evince the utmost forbearance consistent with the fulfillment of
my instructions have influenced me in my conduct toward these gentlemen;
but it is necessary that I should upon this occasion distinctly state
to your excellency--
First. That if it be the desire of the State of Maine that the
friendly relations subsisting between Great Britain and the United
States should not be disturbed, it is indispensable that the armed force
from that State now understood to be within the territory in dispute
be immediately withdrawn, as otherwise I have no alternative but to
take military occupation of that territory, with a view to 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,