.MTczMw.MTg5ODU

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243

on my own part, subject to your direction, to offer some difficulties against such a course; but it is not to be doubted, that the United States Government and that of Great Britain, will perceive, on being furnished the facts that the government of New Brunswick has advanced beyond the line of tenable ground, and seems not to have listened to those recommendations of mutual forbearance which have been rung so loud, that we did not notice it's invasions. Another of the objects of the mission of Mr Daveis was to obtain the release of Mr Baker, whose arrest was tho't to be not only cognizable by the United States, but by the particular State of which he is a citizen. His confinement in the gaol at Frederickton was an act of power which, considering the nature of the facts as far as developed, required early attention, and the course pursued was accordingly adopted, not, however, without a careful examination of principles and precedents. If you shall think the measure as involving any excess in the exertion of State power, it would seem to be desirable not to allow it to pass without the expression of your dissent, which would be received, on my part, with the utmost respect and deference. The Minister Plenipotentiary of his Britannic Majesty has communicated to Mr Clay, what are called by the former "sufficient proofs of the decided resolution of his Majesty's Lieutenant Governor of New Brunswick to maintain the disputed territory in the same state in which his Excellency received it after the conclusion of the treaty of Ghent." It certainly would not be desirable to put his Majesty's Lieutenant Governor's decided resolution to the test on this point, but it may be imperatively required to determine how far the treaty of Ghent and previous actual jurisdiction may sanction his authoritative approaches beyond the terms of that treaty, without a reasonable expostulation, not however to be followed by any unnecessary resort to forcible resistance.