<persName ref="prs:douglas_j"><surname>Douglas</surname>, <forename>James</forename></persName> to <persName ref="prs:labouchere_h"><surname>Labouchere</surname>, <forename>Henry</forename></persName> 5 December 1856, CO 305:7, no. 2423, 136. Douglas addressee Labouchere

Published by Jim Hendrickson and the University of Victoria.

Douglas, James to Labouchere, Henry 5 December 1856, CO 305:7, no. 2423, 136.The Colonial Despatches of Vancouver Island and British Columbia 1846-1871, Edition 2.6, ed. James Hendrickson and the Colonial Despatches project. Victoria, B.C.: University of Victoria. https://bcgenesis.uvic.ca/V56032.html. CO 305:07 CO 305 7 2423 136 32 V.I. 1856 received 17 March 1857 co_305_07_00138r.jpg Transcribed from microfilm archives, marked up in Waterloo Script, then transformed into TEI P5 XML.

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Despatch to London. Minutes (2), Other documents (2).

Douglas reports the arrival of Lieutenant Flemming of the US Army who was ordered by Captain Pickett to inform Douglas that some American soldiers had deserted to Victoria. They hoped that Douglas would deliver these soldiers or have them arrested. Douglas responded that this would be decidedly illegal and referred Flemming to the Tenth article in the 1842 Treaty between Great Britain and the United States which states that only people accused of a crime could be delivered up. Douglas hopes the CO will approve his decision.

The minutes agree with Douglas’s actions and forward to the Foreign Office.

Enclosed is a letter from Merivale to the FO forwarding Douglas’s report and a draft reply from Labouchere to Douglas approving his conduct.

 Douglas, James
Victoria Vancouver's Island
Labouchere, Henry Inserted revisionDesc with @status="unproofed". Changed idno @type="received" into a date element. Gave existing date an @type="sent" and reordered bibl contents.
No. 32 2423, CO 305/7, p. 136; received 17 March 1857
Victoria Vancouver's Island
5th December 1856 Sir

1. Lieutenant Flemming of the United States Army arrived here this day from Bellingham Bay, and having expressed a wish to see me, on particular business, I granted him an interview.

2. He then explained that he had been specially despatched by orders from Captain Pickett, the officerofficer in command of the military station now forming at Bellingham Bay, N. Latitude 48o, 40, to communicate with me in respect to some American soldiers, who have lately deserted from the detachment under his command, and taken refuge in Vancouver's Island, and that his instructions from Captain Pickett particularly enjoined him to enquire if Her Majesty's authorities would cause those and any other deserters from the American Army to be delivered up on his requisition, or would suffer them to be arrested within this Colony, by the act of the military authorities of the United States.

3. My answer to those proposals may be anticipated. II explained to Lieut. Flemming that the steps proposed by him were decidedly illegal, and that no arrest could be made within this Colony, except by the regular course of Law.

4. I drew his attention to the tenth article of the Treaty between Great Britain and the United States of August 9th 1842, wherein

It is agreed that the United States and Her Britannic Majesty, shall upon mutual requisitions by their officers respectively made deliver up to justice all persons, who being charged with the crime of murder or assault with the intent to commit murder, or piracy or arson, or robbery or forgery, or the utterance of forged paper, committed within the jurisdiction of either, shall be found within the TerritoriesTerritories of the other; provided that this shall only be done, upon such evidence of criminality, as according to the laws of the place, where the fugitive or person so charged shall be found, would justify his apprehension, and commitment for trial, if the crime had there been committed.

5. I assured Lieut. Flemming that Her Majesty's authorities, were, on all proper occasions prepared to carry out the provisions of that Treaty to the letter; but that in the present instance the offense with which the American soldiers are charged is not one within the terms of the Treaty, the cases provided for being murder, assault with intent to commit murder, arson, robbery, forgery, and the utterance of forged paper, whereaswhereas the soldiers in question are simply charged with desertion from the United States Army.

6. I concluded by declaring that under those circumstances, I would not suffer them to be arrested in this Colony and our interview then ended.

7. Trusting that my decision on that occasion may be found correct, and meet with your approval.

I have the honor to be Sir Your most obedient humble Servant James Douglas Governor The Right HonbleHonourable Henry Labouchere Esqre Her Majesty's principal Secretary of State For the Colonial Department.
Mr Merivale Copy to F.O.—saying that if Lord Clarendon concurs Mr Labouchere proposes to approve the Governor's conduct? ABd 17/3
Mr Ball Yes. There can be no doubt the GovrGovernor was right. But such an application, considering the notorious mode of dealing with our deserters, seems a bold one to say the least. HM Mh 18 JB 20 Mh
Draft, Merivale to E. Hammond, Foreign Office, 26 March 1857, forwarding copy of the despatch for consideration.
Draft reply, Labouchere to Douglas, No. 9, 9 April 1857.