necessary or any addition he may propose, will be respectfully considered by the undersigned. This communication will be handed to His Excellency by Lieut. Colonel Lay, an Aide-de-camp of the undersigned-who has the honor to subscribe himself, With high respect, His Excellency's Obt Serv', WINFIELD SCOTT The Governor of the Colony of Vancouver Island to the General in Chief of the United States Army VICTORIA, VANCOUVER'S ISLAND 29 Oct 1859 SIR: I have had the honor of receiving by the hands of Lieut Colonel Lay, your note of the 25th Inst., Communicating to me the reasons which have drawn you to the frontier of Washington Territory, and for the great interests of peace, making a proposition to serve as a basis for the temporary adjustment of the present difficulty arising out of the occupation of the Island of San Juan by Troops of the United States. 2-In the first place I beg you will permit me to offer you my warm congratulations upon your arrival in this neighbourhood, and the assurance of my earnest desire to co-operate with you in the most cordial Spirit. I thank you for the frank and friendly tone which characterizes your note, and I trust you will believe me when I say that if I am not able entirely to accede to your views it proceeds solely from the necessity which exists under present circumstances that I should take no step which might in the least embarrass the Government of Her Britannic Majesty in any line of action they might think fit to adopt. You have been specially accredited by the Government of the United States and I fully appreciate the fact-but I on the contrary am not in possession of the views of Her Majesty's Government on this matter, and therefore am not at liberty to anticipate the course they may think fit to pursue. 3-You propose without prejudice to the claim of either nation to the Sovereignty of the entire Island of San Juan, that each shall occupy a separate portion of the same, by a detachment of Infantry, Riflemen, or Marines, not exceeding one hundred men, with their appropriate arms only, for the equal protection of their respective countrymen in their persons and property, and to repel any discent on the part of hostile Indians. For the reasons above given you can readily understand, Sir, that were I to accede to this proposition, I should at once be committing Her Majesty's Government, and, I believe, I should at the same time, on their behalf be assuming an attitude which I do not think they would now be desirous of main taining. I admit that the protection of the citizens of both Nations who are now resident on the Island is a matter which cannot be overlooked or lightly treated, but the principal protection that may be required is from dissensions amongst themselves, and not against hostile Indians, from whom I do not apprehend there is the slightest danger of molestation. 4-I again assure you that I am most cordially disposed to co-operate with you in the frankest manner to assist in removing any and every cause which might, unhappily, disturb the particularly satisfactory relations at the present moment existing between Her Majesty's Government and that of the United States, and I conceive that that end can be best attained by replacing matters at San Juan as they were before the landing of the United States Troops,the "Status" established upon the moderate and conciliatory views laid down in Secretary Marcy's Despatch to Governor Stevens of the 14 July 1855. 5-An arrangement on that footing would bring the whole affair to a conclusion satisfactory to both parties, and so highly honorable to the Government of the United States that I feel sure it would at once remove any cause of complaint which Her Majesty's Government might be reasonably expected to entertain. 6-I would therefore submit for your consideration that for the protection of the small settled British & American population there should be a joint civil occupation, composed of the present resident Stipendiary Magistrates, with such assistants as may be necessary, and that the Military and Naval forces on both sides be wholly withdrawn. 7-Should however it hereafter appear that a Military force is indispensable for protection, I can see no objection to such a force being landed upon San Juan with such understanding as the British and American Authorities may mutually determine upon. 8-It is no doubt, Sir, fresh in your recollection that the sole reason assigned to me by General Harney for the occupation of San Juan was to protect the citizens of the United States from "insults and indignities” offered them by the British Authorities at Vancouver's Island. In my reply, I, in the most earnest and emphatic manner repudiated the aspersion, and endeavoured to prove to General Harney that for the cause alleged there was no necessity for the presence of U.S. Troops on the Island of San Juan, and I therefore begged for the sake of peace that he would withdraw the Troops. He however declined to do so upon the plea that he had no assurance that American Citizens would continue free from molestation by the British Authorities. I feel confident, Sir, I need not renew to you my assurance that the British Authorities in Vancouver's Island have no intention under existing Circumstances to interfere with any of the Citizens of the United States, who may be resident upon San Juan, and I therefore anticipate that a consideration of these facts together with those before mentioned will remove any difficulty you may have apprehended touching the withdrawal of the U.S. Troops from San Juan and I earnestly trust will induce you to entertain with favor the proposition I have made. 9-I hope, Sir, I may have the pleasure of meeting you personally when minute details could be so much better discussed than by letter, and it would indeed be a source of gratification to me to have the honor of welcoming to the Shores of Vancouver's Island an Officer so highly distinguished as he whom I now have the honor of addressing, and who I beg will allow me to subscribe myself as his-most obedient The General in Chief of the United States Army to the Governor HEAD QUARTERS OF THE UNITED STATES' ARMY November 2, 1859 To His Excellency JAMES DOUGLAS, Esquire, C.B., Governor of the Colony of Vancouver's Island and its dependencies, and Vice Admiral of the same. SIR: I have the honor to acknowledge your communication of the 29th ultimo (the receipt of which has been much delayed by winds and fogs) in reply to mine dated four days earlier. It is with regret I learn that the basis for the settlement of the immediate San Juan difficulty, I had the honor to submit, has not received your acceptance; and that sentiment is deepened at finding myself unable to accept your proposed substitute. We ought not, however, to despair of finding the means of maintaining the peace of the frontier till the good sense and good feelings of our governments shall have had time to supervene and, directly, to dispose of the whole subject of the disputed island forever. Your Excellency seems to regard the preliminary evacuation of that island by the American troops as a sine qua non to any adjustment of the immediate question before us. I am sure that, at the date of the instructions which brought me hither, and in the anxious interviews between Mr. Secretary Cass and H.B.M. Minister, Lord Lyons, residing near the government of the U. States, no such suggestion was made by his Lordship, or it would not only have been communicated to me, but have, in all probability, stopped this mission of peace. You "submit for [my] consideration that, for the protection of the small British and American population settled on the island, there should be a joint civil occupation, composed of the present resident stipendiary magistrates, with such assistants as may be necessary, and that the military and naval forces on both sides be wholly withdrawn." It strikes me as a decisive objection to this basis that if a magistrate (judge or justice of the peace) could be legally (except by treaty between sovereign powers) established on neutral territory, such functionary could not be subjected to the orders of any officer of the United States' Army, nor even to the direct control of the President of the United States, though appointed by an American territorial governor claiming jurisdiction over the disputed territory, and therefore not to be considered a fit person to be intrusted with matters affecting the peace of two great nations. Besides, I have adopted the impression of my countrymen generally on this frontier, that the few citizens settled on the San Juan Island, though, like all other American pioneers, brave and possessed of effective weapons for defense and attack, do, in reality, stand in need of troops for protection, not only against predatory bands of Indians coming from foreign parts, but from such bands residing within our own limits. A marauding descent of this kind was made but a few weeks since upon the village of Whatcom, in Bellingham Bay, when a small detachment of soldiers was actually sent from the disputed island to protect the villagers against a threatened renewal of the outrage! (I am but just returned from that village.) Moved by the foregoing considerations and the spirit of peace which is known to animate our governments, I will respectfully ask your Excellency to review your decision on my original proposition, which, the better to show its probable workings, if adopted, I have somewhat elaborated in the accompanying Projet of a temporary settlement &c. I am persuaded that, on mature reflection, you will find nothing in it to hurt English pride or to prejudice English interests, but much to sooth past irritations, on both sides, and to prevent any local conflict. The details of the plan are no doubt susceptible of improved modifications; but I must candidly say I do not see how I can possibly consent to a change in the principle. Highly appreciating the personal compliments of your Excellency, and reciprocating the kind feelings which prompted them-I have the honor to remain, With high consideration, Your Excellency's Most Obt. Serv WINFIELD SCOTT [ENCLOSURE] Projet of a temporary settlement &c &c. Whereas the Island of San Juan, in dispute between the governments of the United States and Great Britain, is now occupied by a detachment of United States' troops-protection against Indian incursions having been petitioned for by American citizens resident thereon-and against such occupation a formal protest has been entered, in behalf of Her Britannic Majesty's Government, by His Excellency James Douglas, Esquire, C.B., Governor of the Colony of Vancouver's Island and its dependencies and Vice Admiral of the same—; It is now proposed by Lieutenant General Scott, Commanding-in-Chief the Army of the United States, in behalf of his government and in deference to the great interests of the two nations, that a joint occupancy be substituted for the present one, which proposition being accepted by His Excellency, it is hereby stipulated and agreed between the said Scott and the said Douglas, that the substitution, without prejudice to the claim of either government to the sovereignty of the entire island and until that question shall be amicably settled, shall consist of two detachments of Infantry, Riflemen or Marines of the two nations, neither detachment of more than one hundred men, with their appropriate arms only and to be posted in separate camps or quarters for the equal protection of their respective countrymen on the island in persons and property, as also to repel descents of marauding Indians: And whereas, pending such joint occupation, a strict police over the island will be necessary to the maintenance of friendly relations between the troops of the two nations as well as good order among the settlers, it is further stipulated and agreed between the parties, signers of these presents, that the commanding officer of each detachment composing the joint occupation shall be furnished with an authenticated copy thereof by the respective signers, to be regarded as a warrant and command-to the American commander from the said Scott, and to the British commander, from the said Douglas— to seize and confine, or to banish from the island, any person or persons, whatsoever, found or known to be engaged in fomenting any quarrel or misunderstanding between the officers or men of one of the detachments and the officers or men of the other, and further to treat in like manner all other offenders against the peace and good order of the island:-it being, however, expressly understood and enjoined that such measures of correction shall only be applied to American citizens or persons claiming to be such, by the American commander, or to British subjects or persons claiming to be such, by the British Commander. |