War of the Rebellion: Serial 106 Page 0441 Chapter LXII. CORRESPONDENCE - UNION AND CONFEDERATE.

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of law and order (such as banishing disorderly persons, suspending a court, when that court was ignorantly engaged deciding questions beyond its jurisdiction, and by their nature tending to an interruption of the friendly relations existing between the British and American posts and the settlers of the respective nations, to wit, deciding questions in which the title to land on this island is in question, and that between American and British subjects, which is directly contrary to the statute as made and existing between General Scott and Governor Douglas), had a meeting and drafted the within [above] resolutions calculated to only meet their own ends and views:

Therefore, we, a large majority of the American settlers on this island, hereby protest against the action of said meeting, in which we were not represented, and against the resolutions as not expressing our sentiments, and that we fully approve the actions of the commanding officer of this post, Captain Bissell, as calculated to maintain order, to keep disorderly characters away, and to maintain the present good understanding between the British and American commands and their respective Governments.





[Sub-inclosure Numbers 2.]

SAN JUAN ISLAND, March 7, 1863.

Captain L. BISSELL,

Commanding U. S. Troops, Camp Pickett:

CAPTAIN: I have been summoned by E. T. Hamblet, claiming to be a justice of the peace on San Juan Island, to appear before him on the 12th instant to answer certain complaints made by I. E. Higgins, involving the possession of title to the house and ground which I now occupy in the town of San Juan. It is my opinion, derived from a careful examination of the agreement made between the English and American Governments, that no civil officers of eithe rnation can have any jurisdiction upon this island. Governor Douglas, in section 6 of his letter to General Scott of October 29, 1859, writes as follows:

I would therefore submit for your 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magistrates, with such assistance as may be necessary, and that the military and naval forces on both sides by wholly withdrawn.

In replying to the above-mentioned letter, General Scott, on the 2nd of November, writes with regard to this proposition:

It strikes me as a decisive objection to this basis that if a magistrate, judge, or justice of the peace coudl be legally, except by treaty between sovereign powers, established on neutral territory, such functionary could not be subjected to the orders of any officers 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 jurisdiction over the disputed territory, and therefore not be considered a fit person to be intrusted with matter affecting the peace of two great nations.

And in the same letter he submits the following project of a temporary settlement:

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 maong 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