Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Kennedy, Arthur to
Cardwell, Edward 23 August 1864, CO 305:23, no. 9624, 83.
Abstract
Kennedy, Arthur to
Cardwell, Edward 23 August 1864, CO 305:23, no. 9624, 83.
Despatch to London.
Minutes (4), Enclosures (untranscribed) (4), Other documents (1).
No. 60
23rd August 1864
Sir
I have the honor to inform you that with the advice and concurrence
of my Executive Council I have given a Free Pardon to an Indian named
How-a-matcha convicted of the murder of another Native at the late
Sessions.
The accompanying letters from the Chief Justice and Mr Sebright
Green(a
(a respectable Solicitor) wil explain the circumstances of this
case.
(a respectable Solicitor) wil explain the circumstances of this
case.
I thought it a fitting opportunity of declaring the policy I intended
to pursue in regard to the Indian population, and with this view had
all within reach assembled on the occasion of How-a-matcha's
liberation.
I enclose a copy of my address, which was interpreted and fully
explained to them, and the chiefs in return expressed their
satisfaction with all I had said.
I will shortly report uponthe
the general condition of the Indian
population. It is imperatively necessary that measures should be
taken to prevent them from being further demoralized, and I have had
such measures for some time under consideration.
the general condition of the Indian
population. It is imperatively necessary that measures should be
taken to prevent them from being further demoralized, and I have had
such measures for some time under consideration.
Minutes by CO staff
Mr Elliot
Sir Jas. Douglas' conduct, according to Mr Green's representation, does not appear in a very good light.
Sir Jas. Douglas' conduct, according to Mr Green's representation, does not appear in a very good light.
Acke rect expressing Mr Cardwell's hope that the clemency of the
Governor will have a beneficial effect upon the Indians?
ABd
20 Oct
I think that on this subject there has been a great deal of
mismanagement and erroneous judgment
in the Colony. One Indian,
after being convicted of murdering another in Nov. 1861, had his
captial punishment remitted, and we need not be surprised to find
that another Indian has now committed a like crime. The Governor has
absolutely set him free with no punishment at all, and has published
an address to all the Indians telling them so, although he warns them
that on the next occasion death will be inflicted.
in the Colony. One Indian,
after being convicted of murdering another in Nov. 1861, had his
captial punishment remitted, and we need not be surprised to find
that another Indian has now committed a like crime. The Governor has
absolutely set him free with no punishment at all, and has published
an address to all the Indians telling them so, although he warns them
that on the next occasion death will be inflicted.
The reason for mercy in both cases seems to have been that it has
been the practice of the Indians, whenever one murder has occurred,
to retaliate on any member whom they can catch of the offending
Tribe, which obviously must lead to an endless series of murders and
countermurders. This I should have thought precisely the reason for
not showing mercy, but for making the Indians aware,by
by making an
example as well as by exhortation, that this abominable practice can
no longer be suffered now that they are under British rule. The
Indians are quite capable of understanding the necessity of
conforming to the laws of their Sovereign; and I have myself heard
from the lips of the first Judge who administered justice amongst
them at Minesota how readily they understood and obeyed the American
law on this point. Indeed you will find that one of the injured
Chiefs at Vancouver began by asking whether he could get any justice
from our authorities. If they refuse it under the name of showing
clemency, it is no wonder that these poor Indians should continue to
exact their own retribution for the slaughter of their relatives.
I
by making an
example as well as by exhortation, that this abominable practice can
no longer be suffered now that they are under British rule. The
Indians are quite capable of understanding the necessity of
conforming to the laws of their Sovereign; and I have myself heard
from the lips of the first Judge who administered justice amongst
them at Minesota how readily they understood and obeyed the American
law on this point. Indeed you will find that one of the injured
Chiefs at Vancouver began by asking whether he could get any justice
from our authorities. If they refuse it under the name of showing
clemency, it is no wonder that these poor Indians should continue to
exact their own retribution for the slaughter of their relatives.
I think that something should be said to strengthen Governor
Kennedy's professed intention of inflicting the punishment of death
on the occasion of any future Indian murder, and to prevent a
repetition of a course which seems to me very little consistent with
the real interests of humanity.
TFE
27 Octr
I entirely agree in the spirit of the foregoing remarks. Whether in
the first instance the extreme penalty shd have been carried into
execution is a matter in which I should have been willing to rely a
good deal on an able Governor, like Mr Kennedy, much accustomed to
[Aursits?].
But his absolute release seems to me incomprehensible.
Write to Governor that the importance of giving
the Indians to
understand the necessity of conforming to Christian laws must not for
a moment be lost sight of: & that I should wish some further
explanation of the reasons which induced him to set this Prisoner at
liberty.
the Indians to
understand the necessity of conforming to Christian laws must not for
a moment be lost sight of: & that I should wish some further
explanation of the reasons which induced him to set this Prisoner at
liberty.
That I have great confidence in his judgment & his experience in the
management of Criminals, but that I should have thought, even if he
had felt it was right so far to defer to the Judge & Jury as not to
carry the extreme penalty into execution, he would have inflicted
some punishment, exemplary in itself, & likely to be regarded as an
earnest of the more complete execution of our Law in future cases.
EC
28
Documents enclosed with the main document (not transcribed)
Chief Justice David Cameron to Kennedy, 12 August 1864,
describing the case of How-a-matcha, and supporting the jury's
recommendation for mercy, with explanation.
Minutes by CO staff
But the clemency has not had the effect of deterring a repetition of
the crime.
the crime.
Documents enclosed with the main document (not transcribed)
*
Sebright Green to Acting Colonial Secretary Henry Wakeford, 1
August 1864, reporting on an earlier, and possibly related, case in
which Douglas, when applied to for justice,
apparently declined to "interfere," saying he "must
leave the Indians to settle the matter themselves."
"The Governor's Address to the Indians, Victoria, August 22nd,
1864."
Petition of Skiloweet, an elderly Indian serving a four-year
sentence for manslaughter, asking to be allowed to return to his
tribe, 11 August 1864,
witnessed by A. Theakston, Assistant Gaoler, with an additional
note of explanation by Horace Smith, Superintendent of Police.
