No. 18
24 April 1858
1. I beg to enclose herewith for your information, copies of a correspondence with Fayette McMullen Esqre, Governor of Washington Territory, relative to the rendition of certain deserters from the United States Army, who are said to have sought an asylum on Vancouver's Island.
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2. You will observe that the offences with which those parties are charged in the affidavits accompanying Governor McMullen's letter, are not such as appear to be within the terms of the Treaty between Great Britain and the United States, of the 9th August 1842, for the mutual surrender of refugees from justice, and that they would not have justified a rendition of the parties so charged.
3. I therefore did not comply with Governor McMullen's requisition.
4. I hope that the view taken of the sense of that Treaty in my letter may be correct; otherwise IshallManuscript image shall no doubt receive your instructions on the subject.
I have etc.
Minutes by CO staff
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Mr Merivale
To the For. Office with the request that Lord Malmesbury wd inform Sir E. Lytton whether the Governor has taken a correct view of the Treaty; & whether his decision shd be approved.
ABd 15 June
I wish it might turn out that the Governor is wrong; we should [have?] a good [deal?] the best of it, if deserters are to be given back on both sides.
HM June 16
To the F.O.
C June 17
Documents enclosed with the main document (not transcribed)
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Governor Fayette McMullen, Washington Territory, to Douglas, 31 March 1858, requesting assistance in the apprehension of six men charged with robbery in the American territory, and enclosing affidavits.
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Douglas to McMullen, 16 April 1858, declining to assist on the grounds that the "offences stated in the affidavits are not within the terms of the Treaty," with explanation.
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Affidavit made before E.C. Fitzhugh, U.S. Commissioner, concerning the desertion and thievery of six U.S. soldiers, signed by Fitzhugh and G.E. Pickett, Captain, 9th Infantry, 21 December 1857.
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Affidavit made before Fitzhugh, describing the theft of a canoe by five deserters from the U.S. army, signed by Fitzhugh and Edward D. Warbass, 21 December 1857.
Other documents included in the file
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Draft, Colonial Office to E. Hammond, Foreign Office, 26 June 1858, forwarding copy of the despatch and asking whether the course taken by Douglas should be approved.
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Draft reply, Lytton to Douglas, No. 3, 16 July 1858.
Douglas, James to Labouchere, Henry 24 April 1858, CO 305:9, no. 5678, 72. The Colonial Despatches of Vancouver Island and British Columbia 1846-1871, Edition 2.2, ed. James Hendrickson and the Colonial Despatches project. Victoria, B.C.: University of Victoria. https://bcgenesis.uvic.ca/V58018.html.

Last modified: 2020-12-02 13:40:34 -0800 (Wed, 02 Dec 2020) (SVN revision: 5008)