Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Douglas, Sir James to Lytton, Sir Edward George Earle Bulwer 1 August 1859, CO 305:11, no. 9569, 1.
Abstract
Douglas, Sir James to Lytton, Sir Edward George Earle Bulwer 1 August 1859, CO 305:11, no. 9569, 1.
Despatch to London.
Minutes (4), Enclosures (untranscribed) (7), Other documents (1).
No. 30
1 August 1859
I have the honor to acknowledge the receipt of your Despatch
No 58 of the 30th April last enclosing for my information and
guidance the copy of a correspondence with the Foreign office on the
subject of the attempts then being made by certain American Citizens
to survey and occupy the island of San Juan in the Gulf of Georgia
and instructing me to pursue the course indicated by the Earl of
Earl of
Malmesbury
Malmesbury for maintaining the right of the British Crown to the
Island.
Malmesbury for maintaining the right of the British Crown to the
Island.
2. In pursuance of those instructions I appointed John F. de
Courcy Esqre to the office of Justice of the Peace for the
district of San Juan vice J.C. Griffin Esqr whose commission
as Justice of the Peace had lately expired.
3. I have now the honor to communicate for the information of
Her Majestys Government that a detachment of United States
troops landed some days ago on the Island of San Juan, without
any previous intimation of their intentions to this Government,
for the purpose of permanently occupying the same, as you will
observe from a communication 
which I received from Mr de Courcy
on the 30th July, herewith enclosed. That officer having
according to his instructions proceeded to introduce himself to
Captain Picqett [Pickett]
(the United States officer in command of the
detachment,) in his official capacity and to inform that officer
that his instructions required him to warn off all persons
attempting to assert any rights of occupancy as against the
British Dominion in the island of San Juan.
which I received from Mr de Courcy
on the 30th July, herewith enclosed. That officer having
according to his instructions proceeded to introduce himself to
Captain Picqett [Pickett]
(the United States officer in command of the
detachment,) in his official capacity and to inform that officer
that his instructions required him to warn off all persons
attempting to assert any rights of occupancy as against the
British Dominion in the island of San Juan.
4. Mr de Courcy's communication contains Captn Piquets reply
which only goes to shew that the sovereignty of Her Majesty over
the Island of San Juan was not acknowledged by the Government of
the United States
States and that the occupation of the Island by
United States Troops was to be permanent.
States and that the occupation of the Island by
United States Troops was to be permanent.
5. Mr de Courcy also states that he overheard Captn
Piequett promise protection to any and every American Citizen
who might think proper to squat on the Island of San Juan,
adding also that they had a right to squat on any part of that
Island.
6. On receiving intelligence of that proceeding I lost no time
in making a demand on Captain M. de Courcy the Senior Naval
officer, in command of Her Majestys Ships stationed here
here for a
powerful vessel of War to be despatched immediately to San Juan,
and requested him to instruct the officers in command to prevent
the landing of further armed parties of the United States
soldiers for purposes of occupation as well as the erection of
fortifications of any description by the party already on the
Island. A copy of those instructions dated 29 July 1859 is
herewith transmitted for your information.
here for a
powerful vessel of War to be despatched immediately to San Juan,
and requested him to instruct the officers in command to prevent
the landing of further armed parties of the United States
soldiers for purposes of occupation as well as the erection of
fortifications of any description by the party already on the
Island. A copy of those instructions dated 29 July 1859 is
herewith transmitted for your information.
7. Her Majestys Ship Tribune under command of Capt Hornby was
accordingly despatched the same day with instructions to that
effect. Mr Cary Her Majestys Attorney General who zealously
volunteered his services for
for the occasion also repaired to the
Island of San Juan for the purpose of preventing any illegality
in the proceedings of the Magistrate there as it was resolved
that all our measures against the persons who had landed, and
were occupying the land on San Juan should be carried out by the
ordinary exercise of the civil power.
for the occasion also repaired to the
Island of San Juan for the purpose of preventing any illegality
in the proceedings of the Magistrate there as it was resolved
that all our measures against the persons who had landed, and
were occupying the land on San Juan should be carried out by the
ordinary exercise of the civil power.
8. These are the first hurried steps which I adopted feeling
assured that bold and decided measures in the first instance,
would have the effect of arresting further attempts to occupy
the Island and that as collision was inevitable in the event of
both Governments asserting
asserting extreme rights of possession it was
better to have to cope with a small detachment, than to wait
until reinforcements from Washington Territory, should make their
dislodg[e]ment impracticable with our present force.
asserting extreme rights of possession it was
better to have to cope with a small detachment, than to wait
until reinforcements from Washington Territory, should make their
dislodg[e]ment impracticable with our present force.
9. My own duty was also clearly defined by the instructions
conveyed to me, in Secretary Sir George Grays [Grey's] Despatch
No 5 of the 21 September 1854 which authorizes me to continue
to treat those islands as part of the British Dominions.
10. In the evening of the 30th July I received a Despatch from
Mr Attorney General Cary, herewith transmitted, representing the
American
American force as more powerful than had been reported to us and
that the British force under the command of Capn Hornby could
not effect the object we proposed without a strong probability
of resistance.
American force as more powerful than had been reported to us and
that the British force under the command of Capn Hornby could
not effect the object we proposed without a strong probability
of resistance.
11. I therefore immediately entered again into communication
with Captain de Courcy, suggesting that another powerful vessel
of War might be despatched to the spot trusting that the
exhibition of an overwhelming force might prevent resistance and
the probable effusion of blood.
12. In a personal conference the
the same evening with Captains de
Courcy and Richards R.N. they expressed a very strong opinion on
the proposed employment of Her Majestys forces against the
Troops of the United States and suggested that milder measures
should be first tried, professing however their readiness to
receive my instructions, at the same time entering their protest
against any forcible demonstration.
the same evening with Captains de
Courcy and Richards R.N. they expressed a very strong opinion on
the proposed employment of Her Majestys forces against the
Troops of the United States and suggested that milder measures
should be first tried, professing however their readiness to
receive my instructions, at the same time entering their protest
against any forcible demonstration.
13. Out of respect to the opinion of these officers, and
especially as I felt assured that the measures of Government
could not be carried into effect with the requisite spirit and
vigour unless the officers intrusted
intrusted with their execution were
cordial in their support I agreed to a modification of the
instructions issued to Capn Hornby directing him to prevent the
landing of armed parties of United States troops and the
erection of Military works by the party already on the Island,
which part of his instructions was revoked and the Magistrate
Mr de Courcy has [been] directed not to issue any process against the
United States detachment of Troops then on San Juan.
intrusted with their execution were
cordial in their support I agreed to a modification of the
instructions issued to Capn Hornby directing him to prevent the
landing of armed parties of United States troops and the
erection of Military works by the party already on the Island,
which part of his instructions was revoked and the Magistrate
Mr de Courcy has [been] directed not to issue any process against the
United States detachment of Troops then on San Juan.
14. Captain de Courcy further suggested that the detachment of
supernumerary Marines stationed in British Columbia should be
recalled for service under his command in San Juan and Her
Her
Majestys ship Plumper was accordingly despatched yesterday
morning to New Westminster for that purpose.
Her
Majestys ship Plumper was accordingly despatched yesterday
morning to New Westminster for that purpose.
15. It was also suggested that Captain Prevost Her Majestys
Commissioner for the settlement of the water boundary should
immediately enter into communication with Mr Campbell the
United States Commissioner to ascertain if the Military
occupation of the Island of San Juan by United States Troops
had taken place with the sanction of the United States
Government, and if not to urge him to use his influence with
General Harney commanding the Troops in Washington Territory to
refrain from taking a course wh was likely to produce collision
and
and interrupt the harmonious relations subsisting
between the United States and Great Britain.
and interrupt the harmonious relations subsisting
between the United States and Great Britain.
16. I ad[d]ressed
in consequence a communication to Capt Prevost requesting him
to pursue that course. It was also arranged in the same
personal conference that the "Pylades" should leave today to
reinforce the detachment of ships under command of Captain Hornby
at San Juan.
17. That measure has however not been carried into effect as
Captain de Courcy waited upon me this day at 11 a.m. accompanied
by Coln Hawkins Her Majestys Boundary Commissioner to suggest
suggest
the importance of conveying intelligence of the occupation of
San Juan to Her Majestys Government without delay, and as with
diligence there is still time to overtake the Mail Steamer
leaving St Francisco on 5th August, Captain de Courcy proposes
to convey such intelligence immediately to St Francisco by Her
Majestys Ship Pylades. To that course I see many serious
objections especially the detachment of so powerful a ship on a
distant service at such a critical time.
suggest
the importance of conveying intelligence of the occupation of
San Juan to Her Majestys Government without delay, and as with
diligence there is still time to overtake the Mail Steamer
leaving St Francisco on 5th August, Captain de Courcy proposes
to convey such intelligence immediately to St Francisco by Her
Majestys Ship Pylades. To that course I see many serious
objections especially the detachment of so powerful a ship on a
distant service at such a critical time.
18. I ought here to inform you that I submitted my plan of
operations with respect to San Juan, to the Legislative Council
of Vancouver's Island for
for their consideration, and that it met
with their entire approval and they promised to give me their
most earnest aid and cordial support in my attempts to assert the
rights of the British Crown over San Juan.
for their consideration, and that it met
with their entire approval and they promised to give me their
most earnest aid and cordial support in my attempts to assert the
rights of the British Crown over San Juan.
19. I thought it due to the suggestions of Captain de Courcy
made this morning to summon a Council composed of the chief
officers of Vancouvers Island and British Colubmia now present
in Victoria, at which Captain de Courcy and Colonel Hawkins were
also present and assisted.
20. The result of their consultation has been handed to
to me and
is embodied in the accompanying address recommending for the
reasons therein set forth the withdrawal of all British subjects
from the Island of San Juan, under protest against the act of
hostility which has rendered such a step necessary.
to me and
is embodied in the accompanying address recommending for the
reasons therein set forth the withdrawal of all British subjects
from the Island of San Juan, under protest against the act of
hostility which has rendered such a step necessary.
21. I feel assured that not one of the gentlemen who have
attached their signatures, would have hesitated one moment in
hazarding life and property in their countrys defence, the
difficulty in the present case is that they do not know that San
Juan is their country. I therefore profoundly respect their
motives; though I still believe that vigorous measures 
on our
part would soon dispose of the question in our favour. A policy
of national concession is always mischievous and in the case of
these Colonies dangerous.
on our
part would soon dispose of the question in our favour. A policy
of national concession is always mischievous and in the case of
these Colonies dangerous.
22. I have thrown these hurried remarks together for your
information on the subject of this dispute, so recklessly
excited by the acts of the United States, which appears the more
remarkable as they appear causeless, adding neither to the force
nor the justice of whatever claims they may have to the Island
of San Juan.
23. I have not had time 
to weigh the measures recommended by
the Council held to day, neither am I certain they can be
carried out, without a complete sacrifice of British interests,
but Her Majesty's Government may rest assured that I will not
adopt any reckless or inconsiderate course.
to weigh the measures recommended by
the Council held to day, neither am I certain they can be
carried out, without a complete sacrifice of British interests,
but Her Majesty's Government may rest assured that I will not
adopt any reckless or inconsiderate course.
24. I have further to request that you will favour me with your
instructions by the return of Post.
25. Colonel Hawkins having volunteered to take home this
despatch I beg to refer you to that officer for further
information respecting this virtual invasion of San Juan, as I
must despatch
despatch him immediately, in order to save the mail.
despatch him immediately, in order to save the mail.
26. At the moment of closing this despatch Captain Prevost has
returned from an unsuccessful mission in search of Mr Campbell,
and has handed me the report of his proceedings which I now
enclose.
I have etc.
Minutes by CO staff
Mr Fortescue
The Duke has minuted a brief answer to this & the other despatches on the subject.
The Duke has minuted a brief answer to this & the other despatches on the subject.
F.O.
Sept. 30/58
My dear Merivale
This despatch does not influence our instructions to
Lyons; but I think you had better let us have a copy of it.
Documents enclosed with the main document (not transcribed)
John F. de Courcy, Stipenidary Magistrate, to W.A.G. Young, Acting
Colonial Secretary,
29 July 1859, reporting the landing of U.S. troops on San Juan
and his conversation with the commanding officer, Captain Pickett.
Douglas to Captain Michael de Courcy, Senior Naval Officer,
Esquimalt, 29 July 1859, directing him to send a ship to San Juan to prevent the landing of further armed parties.
George Hunter Cary, Attorney General,
to Douglas, 30 July 1859, advising that Captain Hornby's force
was not adequate to carry out his instructions against the 150
Americans on San Juan.
Report to Douglas, dated 1 August 1859, from a council comprised
of Robert Finlayson, John Work, Donald Fraser, David Cameron, Michael
de Courcy, J.S. Hawkins, and Matthew B. Begbie (George H. Cary
dissenting), advising against taking any aggressive action
against the U.S. troops on San Juan.
Douglas to Captain Prevost, 30 July 1859, directing him to
contact U.S. Boundary Commissioner Campbell to ascertain whether
the invasion of San Juan was carried out on government orders.
Copy of orders issued by Pickett on 27 July 1859,
signed by James W. Forsyth, 2nd Lieutenant 9th Infantry.
Other documents included in the file
Draft, Elliot to E. Hammond, Foreign Office, 6 October 1859,
forwarding copies of two further despatches from Douglas
relative to San Juan.
Minutes by CO staff
For Copying. The Duke of Newcastle has perused & minuted these
despes.
People in this document
Cary, Attorney General George Hunter
Fortescue, 1st Baron Carlingford Chichester
Grey, Right Honorable, Second Baronet, Sir George
Hawkins, Lieutenant Colonel John Summerfield
Lyons, First Viscount Lyons Richard Bickerton Pemell
Lytton, Sir Edward George Earle Bulwer
Pelham-Clinton, 5th Duke of Newcastle Henry Pelham Fiennes
Prevost, Captain James Charles