HEADQUARTERS DISTRICTOF OREGON,
Fort Vancouver, Wash. Ter., June 8, 1863.
Captain LYMAN BISSELL,
Ninth Infty., Commanding U. S. Troops, San Juan Island, Wash. Ter.:
SIR: This morning I forwarded to you a copy of Special Orders, Numbers 129, of the 29th of Maym, 1863, from headquarters Department of the Pacific, issued as recommended by me, by which you are empowered, when the peace and good order of the island imperatively require it, to expel American residents from the islands of San Juan. This, therefore, is the only modification necessary of the instructions of 9th of March, 1863, which you received from the general commanding the Department, 1863, which you received from the general commanding the Department of the Pacific. A letter to me from those headquarters, dated 4th of April, says:
One of the difficulties has been the exercise by certain parties of judicial functions over the whole island. Captain Bissell restricted these officers to certain limits and powers. While the general has no objection to the American citizens having civil officers within the limits occupied by them, yet he will not consent to this exercise of any jurisdiction except on the end of the island in our possession.
By the act of Congress of 2nd of March, 1865, establishhing the Territorial government of Washington Territory (see section 9), it is provided, "That justices of the peace shall not have jurisdiction of any case in which the title to land shall in any wise come in question. " It was thus a gross and criminal assumption in Mr. Hamblet, the justice of the peace, to attempt (as started in your letter of 16th of April) to summon a British subject him in a land case, or for any other purpose. Armed with the power given you in the above-named Special Orders, No. 129, from department headquarters, discretly exercised, I have confidence in your being able to preserve good order and quiet on the island. I believe that our claim to the island of San Juan rests upon the most indisputable grounds, and that it will finally be acknowledged by the British Government. But pending the final settlement of the question by negotiation, the arrangements of General Scott should be carried outin good faith, being in fact only a necessary sequel to the proposition of Mr. Marcy in his letter of the 17th of July, 1855, to Mr. Crampton.
Very respectfully, your obedient servant,
Brigadier-General, U. S. Volunteers, Commanding District.
NEZ PERCE AGENCY,
Lapwai, Wash. Ter., June 8, 1863.
General B. ALVORD,
Commanding Fort Vancouver, Wash. Ter.:
GENERAL: I have the honor to inform you that will be no further need of retaining the troops at Lapwai after your reception of this. I am also to inform you that the great object of our mission here is accomplished. A treaty has been concluded with the Lawyer party more advantageous to the Government than had been expected. It will be signed to-day or to-morrow. The Big Thunder party-have not yet decided as to their course, but I thnk they will yet come into the arrangement.
Very respectfully, yours,
C. H. HALE,
Superintendent of Indian Affairs, Washington Territory.