No. 31
1. I have, on the present occasion, to report for your information
that the United States Steam Ship "
Massachusetts" under the command of
Captain Swartwout, commanding the United States naval Forces, in
Puget's Sound, arrived yesterday
atat this Port, with 87 native Indian prisoners
on board, of whom about 45 were able bodied men, the rest being women
and children.
2. It appears from
Captain Swartwout's statements that those
Indians have for some time past been plundering the inhabitants, and
spreading alarm among the United States Settlements in
Puget's Sound;
that they, on one occasion, set the United States troops at defiance,
and finally when the "
Massachusetts" was detached to compel their
departure from the Territory, they refused to remove their camp, beat
off the boats crews, and opened a fire of musketry upon the ship, which
was
warmlywarmly returned from her batteries, with round shot and shell at the
distance of 600 yards.
3. After a desperate contest, with considerable loss of life on
both sides, their camp was taken and burnt, their canoes destroyed, and
the savages driven to the woods, when they agreed to surrender on
condition of being left in possession of their arms, and safely landed
on
Vancouver's Island.
4. The object of
Captain Swartwout's present visit, is to carry
out the terms of that capitulation, by landing his prisoners in this
Colony, and he sent an application to me for permission to do so.
5. That course appearing
toto me in every respect objectionable,
and, at the same time, contrary to the usage of civilized nations I
decidedly objected to their being landed in any part of this Colony, and
I was further confirmed in that resolve, by the fact, which I gathered
from the prisoners themselves, that they were natives of
Russian
America, and not as
Captain Swartwout reported to me, of the British
Territory on this coast.
6.
Captain Swartwout appeared disappointed and irritated at my
decision, and somewhat inconsiderately held out a threat of landing his
prisoners, with or without my sanction, on some of the uninhabited
islets on our coast,
butbut on being reminded that such a course, would be
a breach of international law, and immediately become the subject of
complaint to his Government, he apologized for the warmth into which he
had been inadvertently betrayed.
7. I then proceeded to open my views, on the subject of landing
criminals, without authority, on the coasts of other states, and
concluded by shewing that the Indian prisoners on board the
"
Massachusetts", having been guilty of offences against the laws of the
United States, ought properly to be taken to
Washington Territory and
there delivered over to the civil authorities, for trial, and to be
dealt with according to law; but, as I
furtherfurther observed, as I had no
wish to throw obstacles in his way I would not object to their being
convoyed to the distance of 100 miles north of our settlements, and
there discharged, provided however that they be found with canoes, and
food sufficient for the journey to their distant homes.
8. He preferred the latter course, especially as the prisoners
protested against being taken back to
Washington Territory, as a breach
of the capitulation, and
Captain Swartwout confesses that he could not
have induced them to surrender, after the battle, had it not been for
the promise given of landing them on
Vancouver's Island.
9. He has purchased
sixsix large canoes at this place and proposes to
leave this afternoon, with the Indian prisoners on board, and I send an
officer with the "
Massachusetts" to see that the Indians are fully equipped and provided for their journey according
to that arrangement.
10. I have been thus particular, at the risk of being considered
tedious, in describing the substance of my communications to
Captain Swartwout, on the subject of the disposal of Indian prisoners, in order
that you may be acquainted with my proceedings on that occasion, and
that you may otherwise direct me, if wrong.
11. Unless I receive your instructions to the contrary, I
shallshall
continue to oppose the landing of any criminals whether natives of
British America or not, from the ships of other nations, on the coast of
Vancouver's Island, and I hope that Her Majesty's Government may approve
of my proceedings.
I have the honor to be Sir
Your most obedient humble Servant
James Douglas
Governor
The Right
Honble Henry Labouchere Esq
re
Her Majesty's principal Secretary of State
For the Colonial Department.
Minutes by CO staff
Foreign Office—saying that if
Lord Clarendon concurs
Mr
Labouchere proposes signifying his approval of the Governor's
proceeding in this case?
Other documents included in the file
Draft,
Merivale to
E. Hammond, Foreign Office,
26 March 1857,
forwarding copy of the despatch with approval for
Douglas's actions.