No. 45
               
            
            
               9 September 1859
               
            
            
               I have the honor of transmitting herewith for Your Grace's
               information the copy of a letter, lately received from 
Brigadier
                  General Harney, in reply to my communication 
to
to him of the 
13th
                  August last.
               
               2.  With respect to 
General Harneys letter, it is unnecessary to
               do more than request Your Grace's attention to a few very
               important points.
               
               In the first place I would refer to his remark, that on two
               different occasions since he entered upon his present command,
               he had "reported to his Government in terms of commendation
               and praise" concerning my "acts affecting American citizens",
               and secondly, that though the explanation given in my letter had
               removed the impression that any violation of the rights of
               American citizens had been committed by the 
authorities
authorities of
               
Vancouvers Island, he nevertheless declines to withdraw the
               United States Troops now occupying the 
Island of San Juan "until
               the pleasure of the President of the United States has been made
               known on the subject."
               
               3.  In the meantime the occupation of 
San Juan is every day
               becoming more complete; the troops have been removed to, and now
               occupy, a commanding hill, the very position in fact, which I
               intended should be occupied, had they been landed according to
               my plan, by Her Majesty's Troops, contiguous to the settlement
               of the Hudsons 
Bay
Bay Company.
               
               4.  They are now engaged in strengthening that position by
               various military works, which indicate an intention to make good
               their occupation, as Your Grace will observe by a communication
               from 
Mr De Courcy, Magistrate for the District of 
San Juan, of
               equal date, which is herewith transmitted.
               
               5.  The Squatter population, alluded to in that letter, will
               soon disappear in the event of the United States Troops being
               withdrawn from 
San Juan, as it is only the presence of the
               latter which now induces them to remain there; a 
remark
remark which I
               take the liberty of making in case the Government of the United
               States should make it a point of honor to hold 
the Island, under
               the plea of its containing an American population of a fixed
               character and settled habits, which is however not the case.
               
               I have etc.
               
               
            
            
            
            
               Minutes by CO staff
               
               
               
               
                  
                  
                     Transmit as proposed?
                     
                  
                  
                     From the tenour
                     
                     of the Governor's remarks, it is evident that he considers that
                     passing events strongly support the original view that it would
                     have been better to effect a landing of a British Force
                     immediately that the Americans had landed theirs.  The opposite
                     mode of proceeding [is] [p]leasing to the [pa]cific and
                     [tem]perate views of
                     
                     a 

Community like ours, but it is difficult to receive the daily
                     arriving accounts of the manner in which the Americans are
                     strengthening themselves without having some uncomfortable
                     misgivings whether after all 
Governor Douglas was not right and
                     whether it would not have been better to land some of our people
                     likewise and announce that we should maintain a joint occupation
                     until the Americans withdrew.
                     
                     We have preserved the peace, but I greatly doubt we may have
                     lost 
San Juan.
                     
 
               
               
                  
                  
                     Whatever may be the eventual decision as to the 
Isld of S. Juan
                     no British 
Govt
                     ought to be in the slightest degree influenced by this
                     lawless occupation, and if so the fact of 
Govr Douglas having
                     been overruled by the Naval and Military Authorities can have no
                     effect upon the ultimate result of diplomatic negociations.
                     
                     It is however quite open to question whether 
Govr D
s plan
                     would not have been the best, but it was not open to question
                     whether, when his plan 

had been abandoned the 
Govt at home
                     should hesitate to share the responsibility of and approve that
                     which had been adopted.  If unhappily our Force had been
                     inferior we could hardly have taken the course we did with
                     honor—it being greatly superior, the act was one of generous
                     forbearance—not of timidity.  Copy to F.O.
                     
 
                
            
            
               Documents enclosed with the main document (not transcribed)
               
                
                  
                  
                     William S. Harney to 
Douglas, 
24 August 1859,
                     declining to remove the troops until he received instructions from
                     the president.
                     
 
                   
            
            
               Other documents included in the file
               
                
                  
                  
                     Draft, 
Merivale to Foreign Office, 
7 November 1859, forwarding
                     copy of the despatch.