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.
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