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 
at
at 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 
warmly
warmly 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 
to
to 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, 
but
but 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 
further
further 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 
six
six 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 
shall
shall
               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.