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u will perceive that the election of town officers in the settlement of Madawaska, of which complaint was made in the papers inclosed in your letter, was made under color of a general law, which was not intended by either the executive or legislative authority of that State to be executed in that settlement, and that the whole was the work of inconsiderate individuals. By the second extract it will appear that the individuals said to have been most prominent in setting up the authority of the State have been arrested by order of the lieutenant-governor of the Province of New Brunswick, and were on their way to be imprisoned at Frederickton. The innovation on the existing state of things in the disputed territory being distinctly disavowed by the executive authority of the State, no act of authority or exercise of jurisdiction having followed the election, I would respectfully suggest the propriety of your recommending to the lieutenant-governor of New Brunswick the release of the prisoners who were arrested for exercising this act of authority in the territory mutually claimed by the two nations, contrary to the understanding between their Governments. It is their avowed object to avoid any collision until the intention of both parties in relation to the award shall be fully known. All subjects calculated to produce irritation, therefore, ought evidently to be avoided. The arrest of the persons concerned in the election must produce that feeling in a high degree. A conviction can not take place without eliciting a decision from the bench declaratory of and enforcing the jurisdiction over the territory in dispute, which it is the present policy of both powers to avoid, at least for the short time that must elapse before the question can be finally settled. If punishment should follow conviction, the passions that would be excited must inevitably be hostile to that spirit of conciliation so necessary where sacrifices of national feeling and individual interest are required for the common good. It would be absurd here to enter into the question of title. Both parties claim it. No act that either can do is necessary to assist its right while there is hope of an amicable arrangement; and it was with this view of the subject that a mutual understanding has been had to leave things in the state in which they are until the question of the award is settled. On the part of the Americans some individuals, in contravention of t
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