War of the Rebellion: Serial 106 Page 0404 OPERATIONS ON THE PACIFIC COAST. Chapter LXII.

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necessary, and that the military and naval forces on both sides be wholly withdrawn.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 U. S. Army, nor even to the direct control of the President of the United States, though appointed by an American Territorial Governor claiming jursdiction 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. " If the above letter of General Scott is the recognized treaty between the two Governments, in accordance with the sixth article of the Constitution of the United States, I cannot understand how Washington Territory can have jurisdiction over this island.

I inclose herewith a copy of the communication of Rear-Admiral Baynes, accompanied by an extract from the orders furnished Captain Bazalgette, commanding the detachment. * I beg to call the attention of the commanding general to the fact that whilst the British commanding officer has full power, plain and defined instructions, by which any complaint to him of British subjects would be promptly acted upon, I am without such instructions as regards his complaints, and liquor dealing will be certain to produce them. Under all the circumstances of the case, and as the best solution of the future difficulties, I respectfully request that the commanding general would furnish me with instructions analogous to those possessed by Captain Bazalgette. I congratulate myself upon having won the confidence and best wishes of all the respectable inhabitants of the island, and I hope that the general will approve my course.

I have the honor to be, sir, very respectfully, your obedient servant,


Captain, Ninth Infantry, Commanding.



Hart's Mill, Tex., April 16, 1863.

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II. Company A, First Infantry California Volunteers, will take post at Las Cruces, N. Mex., relieving Company G, First Infantry California Volunteers, and the latter company will proceed to and form part of the garrison of Franklin, Tex. These movements will be made as soon as transportation can be furnished.


Brigadier-General, Commanding.


April 16, 1863. (Received 10 a. m. 17th.)

Lieutenant Colonel R. C. DRUM:

Detachment cavalry under Colonel Evans had fight with Indians yesterday at Spanish Fork Canon, seventy miles south. Lieutenant Peel killed, 2 sergeants wounded; 30 Indians killed and their horses captured. The command will arrive to-morrow.




*See Baynes to Hunt, March 20, 1860 (inclosre Numbers 2), p. 443.