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. 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,

JOHN FAIRFIELD,

Governor of Maine.

AT THE MOUTH OF THE ARESTOOK, RIVER ST. JOHN,

Province of New Brunswick, February 17, 1839.

The OFFICER COMMANDING THE ARMED FORCE ON THE DISPUTED TERRITORY.

SIR:  I am directed by His Excellency Major-General Sir John Harvey, lieutenant-governor and commander in chief of this Province, to express to you his great surprise at the very extraordinary occurrence of an armed force of the description now with you having entered upon the disputed territory (so called) and attempted to exercise a jurisdiction there foreign to the British Government, seizing upon and maltreating British subjects and retaining many of them prisoners without having in the first instance given any notice or made any communication whatever to the government authorities of this Province of such your intention, or the causes which have led to these acts of aggression.  If you are acting under any authority from your own government, the proceedings are still more unjustifiable, being in direct defiance and breach of the existing treaties between the Central Government of the United States and England.  If you have not any such authority, you and those with you have placed yourselves in a situation to be treated by both Governments as persons rebelling against the laws of either country.