403 Series I Volume L-II Serial 106 - Pacific Part II
Page 403 | Chapter LXII. CORRESPONDENCE - UNION AND CONFEDERATE. |
found the island infested with thieves and vagabonds of no particular nationality, or, if any, as it may serve to suit their purposes. I had many complaints from the bona fide settlers against this class of persons for killing cattle, sheep, and hogs, but I declined to act in the matter and referred them to the civil authorities. Invariably they would reply they could not get conviction before a civil magistrate. Jurors will find verdict for the offenders, implying independence of Whatcom County jurisdiction. There have been but two cases tried on the island since I have been in command, and they were for debt. In both instances the constable was obliged to apply to me for assistance to serve the writ.
On the 15th of August, 1862, Captain Bazalgette made an official complaint against a man by the name of Andrews. He has a claim about one mile from the English camp. The Indians reported to him that Andrews had disposed of a large amount of liquor to the Indians the evening before, adn that one Indian had been murdered. I took a non-commissioned officer and proceeded to the Indian camp, and found the facts as above stated. The Indian chief ordered three Indians that could identify the man that sold the whisky to go with me to find the man Bill - known to the Indians by that name. I started in pursuit of Andrews, and Lieutenant cooper, of the Royal Marines, went with me, and we found him at the lime-kiln with Mr. Hibbard. As soon as we came in sight of Andrews the Indians recognized him as the man that sold the whisky. I was satisfied in my own mind if Andrews was prosecuted before a civil magistrate that it would be impossible to get a conviction. I was determined that the authors of mischief should not go on with impunity and that I would make an example of them, and I ordered Andrews to leave the island forwith and notified the thieves, gamblers, and liquor sellers that had been selling to the Indians that they would have twenty-four hours to leave the island, and if they were found on the island at the expiration of that time they would be placed in charge of the guard. They availed themselves of the notice and left the island. I then established a police, with instructions not to allow any canoe or boat to land that had whisky on board, and I am happy to state that I have not been troubled with drunken Indians since.
On the 3rd of March, 1863, Mr. Hamblet, the justice of the peace, issued a warrant against Mr. Roberts, a British subject, summoning him to appear before him and show cause by what authority he held his claim. Mr. Roberts wrote a very plite note to Mr. Hamblet, stating that he could not acknowledge his authority, as he was a British subject. In view of the above fact, Mr. Hamblet proceeded and tried the case and found a verdict against Mr. Robert. The court was held in the night season and in a bar-room in the town, where the men were allowed to drink, smoke, and play cards at the same time. About the time that Mr. Hamblet was prepared to eject Mr. Roberts by force and place a man by the name of Tripp, whom he had brought from Victoria for that purpose, in possession, that matter was officially brought to my notice. I immediately gave instructions to a non-commissioned officer and three men to prevent Mr. Hamblet from interfering with Mr. Roberts, and issued an order suspending him as a functionary of Washington Territory for violating the status established by Lieutenant-General Scott.
In conclusion, I would state that the British authorities claim that General Scott's letter and project of a temporary settlement, 7c., to Governor Douglas, dated November 2, 1859, to be the treaty. In that letter General Scott says: You 'submit for (my) consideration that for the protection of the small British and American population settled on the island there should be a joint civil occupation, composed of the present resident stipendiary magistrates, with such assistants as may be
Page 403 | Chapter LXII. CORRESPONDENCE - UNION AND CONFEDERATE. |