Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Douglas, James to Labouchere, Henry 5 December 1856, CO 305:7, no. 2423, 136.
Abstract
Despatch to London.
Minutes (2), Other documents (2).
Douglas reports the arrival of Lieutenant Flemming of the US Army who was ordered by Captain Pickett to inform Douglas that some American soldiers had deserted to Victoria. They hoped that Douglas would
deliverthese soldiers or have them arrested. Douglas responded that this would be
decidedly illegaland referred Flemming to the Tenth article in the 1842 Treaty between Great Britain and the United States which states that only people accused of a crime could be delivered up. Douglas hopes the CO will approve his decision.
The minutes agree with Douglas’s actions and forward to the Foreign Office.
Enclosed is a letter from Merivale to the FO forwarding Douglas’s report and a draft reply from Labouchere to Douglas approving his
conduct.
No. 32
1. Lieutenant Flemming of the United States Army arrived here this
day from Bellingham Bay, and having expressed a wish to see me, on
particular business, I granted him an interview.
2. He then explained that he had been specially despatched by
orders from Captain Pickett, the officer
officer in command of the military
station now forming at Bellingham Bay, N. Latitude 48o, 40, to
communicate with me in respect to some American soldiers, who have
lately deserted from the detachment under his command, and taken refuge
in Vancouver's Island, and that his instructions from Captain Pickett
particularly enjoined him to enquire if Her Majesty's authorities would
cause those and any other deserters from the American Army to be
delivered up on his requisition, or would suffer them to be arrested
within this Colony, by the act of the military authorities of the United
States.
officer in command of the military
station now forming at Bellingham Bay, N. Latitude 48o, 40, to
communicate with me in respect to some American soldiers, who have
lately deserted from the detachment under his command, and taken refuge
in Vancouver's Island, and that his instructions from Captain Pickett
particularly enjoined him to enquire if Her Majesty's authorities would
cause those and any other deserters from the American Army to be
delivered up on his requisition, or would suffer them to be arrested
within this Colony, by the act of the military authorities of the United
States.
3. My answer to those proposals may be anticipated. I
I explained
to Lieut. Flemming that the steps proposed by him were decidedly
illegal, and that no arrest could be made within this Colony, except by
the regular course of Law.
I explained
to Lieut. Flemming that the steps proposed by him were decidedly
illegal, and that no arrest could be made within this Colony, except by
the regular course of Law.
4. I drew his attention to the tenth article of the Treaty between
Great Britain and the United States of August 9th 1842, wherein
It is agreed that the United States and Her Britannic Majesty,
shall upon mutual requisitions by their officers respectively made
deliver up to justice all persons, who being charged with the crime of
murder or assault with the intent to commit murder, or piracy or arson,
or robbery or forgery, or the utterance of forged paper, committed
within the jurisdiction of either, shall be found within the Territories
Territories
of the other; provided that this shall only be done, upon such evidence
of criminality, as according to the laws of the place, where the
fugitive or person so charged shall be found, would justify his
apprehension, and commitment for trial, if the crime had there been
committed.
Territories
of the other; provided that this shall only be done, upon such evidence
of criminality, as according to the laws of the place, where the
fugitive or person so charged shall be found, would justify his
apprehension, and commitment for trial, if the crime had there been
committed.
5. I assured Lieut. Flemming that Her Majesty's authorities,
were, on all proper occasions prepared to carry out the provisions of
that Treaty to the letter; but that in the present instance the offense
with which the American soldiers are charged is not one within the terms
of the Treaty, the cases provided for being murder, assault with intent
to commit murder, arson, robbery, forgery, and the utterance of forged
paper, whereas
whereas the soldiers in question are simply charged with
desertion from the United States Army.
whereas the soldiers in question are simply charged with
desertion from the United States Army.
6. I concluded by declaring that under those circumstances, I
would not suffer them to be arrested in this Colony and our interview
then ended.
7. Trusting that my decision on that occasion may be found
correct, and meet with your approval.
The Right Honble Henry Labouchere Esqre
Her Majesty's principal Secretary of State
For the Colonial Department.
Her Majesty's principal Secretary of State
For the Colonial Department.
Minutes by CO staff
Mr Merivale
Copy to F.O.—saying that if Lord Clarendon concurs Mr Labouchere proposes to approve the Governor's conduct?
Copy to F.O.—saying that if Lord Clarendon concurs Mr Labouchere proposes to approve the Governor's conduct?
ABd
17/3
Other documents included in the file
Draft, Merivale to E. Hammond, Foreign Office, 26 March 1857,
forwarding copy of the despatch for consideration.
