Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Douglas, James to Labouchere, Henry 24 April 1858, CO 305:9, no. 5678, 72.
Abstract
Despatch to London.
Minutes (3), Enclosures (untranscribed) (4), Other documents (2).
Douglas forwards correspondence with McMullen regarding deserted American soldier who have sought asylum on Vancouver Island.
The minutes transmit this report to the Foreign Office for them to assess the appropriateness of Douglas’s actions. Merivale hopes that Douglas is wrong as it may be preferable that
deserters are to be given back on both sides.
Enclosed are four documents concerning the arrest of six men charged with desertion
and robbery in the American territory; a draft from the Colonial Office to the Foreign Office forwarding a copy of the despatch, asking whether the course taken by Douglas should be approved; and a draft reply from Lytton to Douglas confirming that he
acted properlyin declining to give up the deserters to American officials.
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.
You
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 Ishall
shall no doubt receive your
instructions on the subject.
shall no doubt receive your
instructions on the subject.
I have etc.
Minutes by CO staff
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.
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
Documents enclosed with the main document (not transcribed)
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.
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.
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
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.
