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.

Tibbets, his assistant, I have advised that they be released upon the

_same terms_ upon which the Hon. Rufus McIntire and his assistants were

released, to wit, upon their _parole of honor_ to return to Bangor

whenever they should be thereto required by the executive government of

this State, to answer to any charges that may be brought against them

for their acts and proceedings upon what your excellency is pleased to

call "the disputed territory."

For a reply to the remainder of your excellency's communication I must

refer you to my letter of the 18th instant, which you will receive by

the hand of R. English, esq.

I have the honor to be, with high respect, your excellency's obedient

servant,

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