Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Kennedy, Arthur to
Cardwell, Edward 31 December 1864, CO 305:23, no. 1980, 526.
Abstract
Kennedy, Arthur to
Cardwell, Edward 31 December 1864, CO 305:23, no. 1980, 526.
Despatch to London.
Minutes (3), Other documents (1).
No. 113
31st December 1864
Sir
I have the honor to acknowledge the receipt of your Despatch No 55,
29th October 1864 wishing some further explanation of the reasons
which induced me to set an Indian Convict named How-a-Matcha at
liberty.
Those reasons are chiefly deducible from the letters of theChief
Chief
Justice and Mr Sebright Green which accompanied my Despatch No 60
of the 23rd August 1864.
Chief
Justice and Mr Sebright Green which accompanied my Despatch No 60
of the 23rd August 1864.
The Indian tribes hold it to be a sacred duty to avenge the death of
a relative by killing a member of the offending tribe. A near
relative of How-a-Matcha had been murdered. The Chief of his tribe
applied to Mr Sebright Green who came to Victoria to represent the
case to my Predecessor, and obtain redress according to our laws.
Sir J. Douglas (quoting MrGreen's
Green's words) "told him in reply that he
could not interfere and must leave the Indians to settle the matter
themselves and he told the old Chief (of How-a-Matcha's tribe) the
same."
Green's words) "told him in reply that he
could not interfere and must leave the Indians to settle the matter
themselves and he told the old Chief (of How-a-Matcha's tribe) the
same."
It is not surprising that under this implied sanction a savage
adopted the custom of his own bloody code.
With this fact in evidence, the Jury having properly found
How-a-Matcha guilty of murder, at the same time recommendedhim
him to
mercy, and the Judge joined in that recommendation.
him to
mercy, and the Judge joined in that recommendation.
I could not without greatly offending the Indian sense of justice,
and violating my own judgment (and that of my Council) under these
circumstances authorize the execution of this man.
It may be thought that some lesser penalty ought to have been
inflicted, and that this man ought not to have been set at liberty
unpunished. In adopting this latter course Iwas
was influenced by the
following considerations.
was influenced by the
following considerations.
1st How-a-Matcha had undergone a lengthened imprisonment previous to
trial—in itself a great disgrace in the eyes of Indians.
2nd In a very ill-regulated Gaol such as that at Victoria he would
have been
demoralized and degraded.
3rd I was assured by missionaries, Protestant and Catholic, that a
Free Pardon would be accepted as a great boon by the culprit'stribe
tribe
and insure their future loyalty and good behaviour, and lastly, it
afforded me an opportunity of reconciling two hostile, and contiguous
tribes in which I am happy to say I have entirely succeeded.
tribe
and insure their future loyalty and good behaviour, and lastly, it
afforded me an opportunity of reconciling two hostile, and contiguous
tribes in which I am happy to say I have entirely succeeded.
Minutes by CO staff
Mr Elliot
I much fear that Sir Jas Douglas' policy was to let the Indians act pretty much as they liked, provided they did not kill a white man; and to keep the Home Govt entirely in the dark.
I much fear that Sir Jas Douglas' policy was to let the Indians act pretty much as they liked, provided they did not kill a white man; and to keep the Home Govt entirely in the dark.
On this further explanation of the Governor's I have only to repeat
the opinion I expressed on 9624.
ABd
1-3
Governor Kennedy reported his having
pardoned an Indian for murder
under circumstances of apparently doubtful expediency. Mr Cardwell
therefore asked for an explanation, although with a special
intimation of his confidence in the Governor's judgment and
experience. In the mean time we have heard from Governor Kennedy of
his having executed two other Indians for murder, thus showing that
he would not shrink from that duty when necessary. Such are the
circumstances under which the present explanation arrives: it will
be for Mr Cardwell's jdugment, but I am disposed to think that the
Governor might be told that it is satisfactory?
pardoned an Indian for murder
under circumstances of apparently doubtful expediency. Mr Cardwell
therefore asked for an explanation, although with a special
intimation of his confidence in the Governor's judgment and
experience. In the mean time we have heard from Governor Kennedy of
his having executed two other Indians for murder, thus showing that
he would not shrink from that duty when necessary. Such are the
circumstances under which the present explanation arrives: it will
be for Mr Cardwell's jdugment, but I am disposed to think that the
Governor might be told that it is satisfactory?
TFE
3 March
