War of the Rebellion: Serial 106 Page 0442 OPERATIONS ON THE PACIFIC COAST. Chapter LXII.

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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 size and confine, or to banish from the island, any person or persons whatsoever found or known to be engaged 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 undertstood and enjoined that such measureres 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 sush commander.

This project was adopted without modification by the English and American Governments, and under it the island of San Juan is now occupied jointly by the forces of both nations. In opposition to the spirit and letter of the above agreement, Mr. Hamblet has assumed jurisdiction as a justice of the peace on San Juan Island not only, it would appear, over American citizens, but over English. Mr. Roberts, who is in possession of the lime kiln on the northeast end of the island, was summoned to appear before Mr. Hamblet on the 3rd of March on complaint of Mr. Tripp. Mr. Roberts declined to appear, alleging he was an English citizen. A judgment was rendered against him, and I understand it is intended to put Mr. Tripp in possession, if necessary, by force. I also have determined not to appear before what I consider an illegal tribunal. Should judgment by given against me I apprehend that, as in the case of Mr. Roberts, force may be used to dispossess me of my property. I consider the case in brought against me maliciously and without cause, as I entertain no doubt I can show before any proper tribunal. In explantion of the case brought against me, I inclose the complaint* of Mr. Higgins and the summons* of Mr. Hamblet. In view of the above statements, and to prevent any offense against peace and good order, I have deemed it best to lay the whole matter before you for your consideration.

Very respectfully, your obedient servant,


[Sub-inclosure Numbers 3.]

Complaint in justice court. An action for debt and unlawful detainer.



Territory of Washington, County of Whatcom, ss:


I. E. Higgins this day personally appeared before the undersigned, one of the justices of the peace in and for said county, and complains in writing under oath and for cause of action-

First. Alleges that E. D. Warbass, of said county, is justly indebted to him in the sum of $25, being the amount due for rent of ground upon which the house stands that said Warbass now ocupied, and that he has been requested to pay and refuses to do so.

Second. Said Warbass is unlawfully holding possession of the lot of ground that I verbally leased unto Enoch May for the term of two years at the rate of $7. 50 per year. The lease money not being paid, nor any part of it, I served a notice upon E. D. Warbass in writing on the 5th day of the present month of February, 1863. The purport of said notice was for said E. D. Warbass to relinquish possession of my premises. All lands occupied by him, except that lot of land seventy-three by forty-seven feet square upon which his saloon and store-house is situated, which ground said Warbass leased from myself for a term of years. The lands referred to are upon my pre-emption land claim


*See sub-inclosure Numbers 3.