438 Series I Volume L-II Serial 106 - Pacific Part II
Page 438 | OPERATIONS ON THE PACIFIC COAST. Chapter LXII. |
it was without authority from him. Hamblet calls to learn what is said, and is informed by Captain Bissell, as told me by himself, that he must not send those resolutions off making use of his name in that manner. He, Hamblet, calls on the secretary, who is busily engaged with Higgins, postmaster, copying the resolutions, but they refuse to alter them. There are, general, about 100 English subjects and American citizens residing in the island. Under British laws the natives of the Sandwich Islands receive the protection of subjects. There are about twenty of them on the island, living in log-houses and cultivating from one tot wenty acres of ground. There are, perhaps, the same number of English subjects. They are informed by the captain commanding the British camp that they will be protected in the possession of their property. Camp Pickett reservation, as surveyed by Lieutenant Casy, commences about one-quarter of a mile north of the campk, running from one side to the other of the island (three-quarters of a mile), and embraces, excepting about twenty acres left out for business purposes, the whole of the southern end.
The twenty acres is claimed by the Hudson Bay Company officially by notification to the commanding officer of Camp Pickett while Captain Pickett was in command. They had at the time a log corral there and the present wharf, and a road leading to it. The logs of the corral have been used by Americans. This twenty acres is claimed, respectively, by Higgins and Boyce as a pre-emption claim. there are some twenty buildings in the town, built on lots by permission; some from Higgins, others from Boyce; some from both and others, not recognizing any title in either, have squatted ong round and erected houses. The house in question referred to in his (Higgins') complaint (which I herewith inclose for information to the commanding general) I brought in good faith and paid for the same two years and a half ago of Mr. George Mercer, an Englisman, and have had quiet and peaceable possession of the same until the present time, and I never knew or heard of Higgins' claim until a few days of the serving of this notice. The land is claimed by the agent of the Hudson Bay Company, is claimed by Boyce as a farm, and Higgins as a town site. Higgins has plowed up recently the road used by the company to their wharf and by the citizens and garrison since the first occupancy of the island, and he is now engaged in carrying rails to fence it. Mr. Firth, the agent, has applied to Captain Bazalgette to prevent this, and has been informed on applying officially he will not allow it to be done. Mr. Hamblet entgertains complaints where title to land is in question on this island, and has already decided a case in point, and that, too, between an American and British subject. I would remark, in no portion of Washington Territory has a justice of the peace jurisdiction in any case where title to land is in question. Further, Mr. Hamblet holds his court in the house of Bowker, who is retailing liquor and does not recognize the authorities of Whatcom County to make him pay license. To do this, according to our laws, it would be granted, and he would have to apy $100 per year for this privilege. The postmaster, Mr. Higgins, has the post-office in a public bar-room in his own house, and refuses to recognize the right of Whatcom County to make him take out a license.
Under a former justice of the peace Bowker has been tried for selling liquor without a license, the court sitting in the bar-room, jurymen and witnesses drinking at the bar during trial, the case proven and the jury rendering a verdict that he was not violating the laws of
Page 438 | OPERATIONS ON THE PACIFIC COAST. Chapter LXII. |