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LETTER ■i» h THE SECRETARY OF WAR, COMMnKICATIKO Copies of correspondence tvilh General Harney, not hereto/ore published, in reference to his administration in Oregon. JcKB 20, I860. — Laid upon the table and ordered to be printed. War Department, June 20, 1860. Sib: I have the honor to transmit herewith the papers called for by the resolution of the House of Representatives of the 12th instant, by which the Secretary of War it* requested "to furnish the House of Representatives all correspondence on file in the War Department, not heretofore published, having reference to General Harney's ad- ministration of the department of Oregon." Very respectfully, your obedient servant, JOHN B. FLOYD, Secretary of War. Hon. William Pennington, Speaker of the Bouse of Itepresentatives. -I, 1 '-■?>■ : Headquarters Department op Oregon, Fort Vancouver, W. T., March 2, 1860. Colonel: On the 2d of September last I notified your office ot t'ift necessity of some 350 recruits to fill up vacancies, in the 9th regiment of infantry in the spring of this year. That regiment having been org-anized in the year 1855, all of its enlistments expire about the same time, and the inducements in mining in this country are such that very few, if any, of the men will re-enlist. .-,.^. r, 2 C0ERE8P0NDENCE WITH GENERAL HARNEY. By the return of this department for the raonth of December, 1859, you will perceive 153 recruits are needed. These vacancies belong principally to other regiments, and should be added to the number estimated for in September last. This department, then, will require at least 500 recruits before the end of May. I am, colonel, very respectfully, your obedient servant, WM. S. HARNEY, Brigadier General, Commanding. Colonel S. Cooper, Adjutant General Washimjton City. Headquarters Department of Oregon, Fort Vancouver, W. T., March 5, 1860. General: 1 have the honor to enclose, for the information of the V,'ar Department, a copy of a communication from John M. Work, esq., agent of the Hudson's Bay Company; also my answer to the same, with a copy of the proceedings of a board of officers convened by my orders to assess and report the value of tlie im]»rovenionts in question. The land upon which these improvements rest is needed for public purposes, particularly as a drill ground for the battery of light artil- lery stationed here by the orders of the Secretary of War; and as it is within the limits of the military reserve, I have directed these im- provements to be removed. The possessory rights of the Hudson's Bay Company having expired with their charter" in May last, this establisliment can only now be considered as remaining in position at this point by suiferance. I am, general, very respectfully, your obedient servant, WM. S. HARNEY, Brigadier General, Commanding. Major General T. S. Jesup, Quartermaster General U. S. Army, Washington City, D. G. most fai with th propert; leave hi as his feel con against in the n will resi Hopii be rega will pa whose weight your o i: Fort Vancouver, W. T., March 1, 1860. Sir: It is my duty in the absence of Mr. Grahnm to endeavor, bo far as I have ability, to protect the rights and property of the Hudson's Bay Company, and, at least, to object as firmly as possible to any encroachment upon them. Having been informed that it is proposed to open some of the enclosures of the company now in actual cultivation, and claimed as an undoubted part of their possessory rights secured to them by treaty between the United States and Great Britain, thereby depriv- ing the company of their iieids already leased for the present year; and having also been informed that one of the company's oldest and .^»«'^t-« ij ^ "LX. CORRESPONDENCE WITH GENERAL HARNET. nber, 1859, ■ios belong li«! number before the nanding. ON, 5, 1860. ion of the M. Work, 'cr to the convened '^enients in for public ight artil- iind as it these im- lludaon's last, this )osition at Y, andtng. D. C. 1860. oavor, 80 7 of the possible le of the aimed as them by ^ depriv- nt year; ilest and most faithful servants, who has occupied his present residence, which, with the adjoining field ctdtivated by him, is a part of the company's property, for more than ten years, has been informed that he must leave his house next week, or be forcibly removed by a file of soldiers, as his house was to bo torn down and his garden thrown open, I feel compelled, in behalf of the company, to protest most earnestly against any interference or encroachment upon the company's rights in the manner proposed, not less because of the great damage which will result, than because of the violatian of right. Hoping that no act will be permitted by your authority which can be regarded as an encroachment like those referred to, and that you will pardon my suggestions in the matter in the absence of those whose position and larger experience might perhaps give greater weight to their objections, 1 have the honor to be, very respetfully, your obedient servant, JOHN M. WORK, Agent of Hudson' a Bay Comjpany. Brigadier General W. S. Harney, Com' g Depar' t of Ore'jon, Fort Vancouver, W. T. 1 Headquarters Department of Oregon, Fort Vancouver, W. T., March 3, 1860. Sir: Your communication of the 1st instant to the general com- manding has been received, and 1 iim instructed to state in reply that the Hudson's Bay Company is not recognized as having any posses- sory rights in the soil of the military reserve, in consequence of the expiration of their charter as a trading company on this coast. The land in question is needed for military purposes by the com- mand within whose limits it exists. The material of the fences and other fabrications will be placed at your disposition on being removed from the reserve. I am, sir, verv respectfully, your obedient servant, A. PLEASONTON, Captain 2d Dragoons, Acting Assistant Adjutant General. John M. Work, Esq., Agmt of the Hudson's Bay Company, Fort Vancouver, W. T. Proceedings of a hoard of officers wJiich convened at Fort Vancouver^ Wash{ngto7i Territory, pursuant to thefolloiving order : SPECIAL ORDERS, No. 25.— [Extract.] Headquarters Department op Oregon, Fort Vancouver, JV. T., February 28, 1860. I. A board of officers will convene at Fort Vancouver on the Ist day of March, 1860, at 11 o'clock a. m., or as soon thereafter as prac- i'l IS).. 843 ...«»=-«L.j (li i i COREESPONDENCK VVIXn GENERAL HARNEY. tlciiblo, to examine and report upon the vuluo of certain improvo- monts on the military reserve placed tliere by the IIudson'H Buy Company, in the event of any conipenaation being allowed for thorn hereafter by the government. Detail for the board: Captain A. J. Smith, 1st dragoons; (yaptain J. A. Ilardie, 3d artillery; First Lieutenant Chauneey McKeover, 3d artillery. JJv order of General Harney. A. PLEASONTOM, Captain 2(1 Dratjoons, Adintj Aunt. Adjt. General. Fort Vancouvkr, Washinoton Tkrritoky, March 1, IHGO, 11 o'' clock a. in. The board met pursuant to the above order; all the members prea- pent. The board then proceeded to examine certain improvementa on the military reserve, placed there by the Hudson's Bay Company many years ago, 'ind lying to the west of a line of stakes commencing at a point a])out eighty yards to the east of the Catholic church, and running from thence, in a southerly direction, to the river. The board find that upon this portion of the reserve there are some four or live hundred yards of fence and eight buildings claimed by the Hudson's Bay Company, (not including the house occupied by Mr. Tubbs, which, the board understand, is not intended to be removed at present.) The board find that the fence is so much decayed as to be of no value, and that the buildings are mere shells, rapidly going to decay, most of them propped up to prevent them from falling down, the only exception being the dwelling-house in front of the depot, ((]uartermtister's ofHce,) which, although occupied, is in a dilapidated condition. The board estimate the total i^alve of the above improvements at $250, (two hundred and fifty dollars.) There being no further business before it, the board adjourned sine. die. A. J. SMITH, Presitknt, Captain First Dragoo7Ui. CHAUNCEY McKEEVER, limmler, First Lieutenant Third Artillery. JAS. A. HARDIE, Captain Third Artillery. Approved : HEAnQUARTERS DEPARTMENT OF OrEGON, Fort Vancouver, U\ T., March 5, 1860. W. S. HARNEY, Brigudier Ge.nci-al, Commanding. Jtemark The under charter the Ian the tre simple 1 ritory, to the pany of the 18th o recurre extent i««!fli^^^». •''*' r m 6 eORRESPON PENCE WITH fiENERAL HARNEY. [J\j telpsrnph to St. Joiwpti, Miwtouri, and then by pony exprew to Culifornlu] Adjutant Oknkrai/s Opkick. Uasliiw/ftm, Jnnc 7, 1H(50. Tlio Socrotary of War diri'i'ts that tlio execution of the instructions convoyed in my hotter to you of May 10 ultimo, lespccting tlie chiimrt of the Hudson's Bay Company to hind and improvements at Fort Van- couver, bo suspended until furtiier orders from the War I)ei)artmeiit. E. D. TOWNSENI), Aftsisfdut Ailjutauf (ivwvoL COMMANPINO OfFFCKR DkI'AIITMKNT OF OrKCOV, Fort Vanrouirr, Vaucouvcr, W. T. U. S. Northwest Bounpary Commission, Camp Sonia/imno, March 10, ISGO. Sir: I have the honor to aeknowledj^o tlie receipt of your letter of the 13tli ultimo, enclosing: tlte copy of spei-ial onlers No, 19, provid- in}:^ for the escort of the boundary commission during the coming season. From Mr. Parke's statenu-nt of the circumstances which induced the suggestion upon which yon based the order, I do not doubt the change in the arrangement of the escort is judicious, and that the efliciency of our future operations will be thereby promoted. At the same time I take pleasure in exi)ressing my entire satisiaction with the services of the escort nnder the command of Captain Archer, as arranged by you during the past season; and as a means of conveying to you the high sense I entertain of the efliciency of these services, and of the general arrangements made by you for the aid and protec- tion of the commission, I take the liberty of enclosing, for your perusal, a copy of my report to the State Department upon the close of the operations of the jiast year. I beg also to ofler you my thanks for your comprehensive and satis- factory orders to the commanding ollicer in Colville valley, in regard to the necessary transportation, sup])lies. ttc, to be furnished the commission agreeably to the instructions of the War Department, and will avail myself of your suggestion concerning supplies required by the commission which may not be embraced in the army ration. I have the honor to be, sir, very respectfully, your obedient servant, ' ARCHIBALD CAMPBELL, Comnmsioner Northwest Boundary Survey. Brigadier General W. S. Harney, U. S. A., Commanding Department of Oregon. HEADgUARTERS DEPARTMENT OF 0RP:G()N, Fort Vancouver, March 24, 1860. This communication and enclosure are respectfully transmitted for the information of the War Department. WM. S. HARNEY, Brigadier General, Commanding » Iba depart of tlie and th tbereb charai l)ia ri> jii tilt tenant noniic altho this t their cstabl will the K 1 '•iu- '•> I MMM MBti kiiU&C CORRESrONDENCE WITH OENTERAL irARNEY. pullfornltt.] ■'KICK. 'iistriictions \l^ f'lo cljiims (at Fort Viiri |'><'l)iirtin(Mit. SION, 10, 18 (JO. "ir letter of i!), provid- the coining ich induced t doubt the nd that the ■}\- At tlie action with Archer, hh •'onveying so sorviceH, "iifl protcc- ', ibr your '1 tJio close ' and siitiH- , in regard lislied the tniont, and squired by tion. it servant, Survey. U. S. NOIITHWKST IjOUNDAUY fJoMMlSHION', Camp Svinialniion, \V. 7\, Dvrcmfm' .'U, ISftO. T have the honor herewith fo Iransniit, for tho infornmtion of the department, liieuteniuit Parkin's report of the progress of the survey of th(! boinuhiry along the 49th parallel between the Unit(Ml States and the |{ritish possessions, during the pust year. It will be seen thereby that notwithstamling physical obstacles of a formidable character, the survey has been carried eastward ns far as the Colum* l>ia river, in acconliince with the plan of opc'rations determined upon ut the commencement of the si'ason. l>y uiioflicial advices from liicm- toiiant Parke, as late as the 2'2d of November, T loarn that an astro- nomical and a reconnoitering party were at th.it time still in the field, although the thermometer had been down to 10° below zero. IJefore this tiiu(!, however, it is probable that snows have driven them into their winter (piarters at Colviile D(;])ot, the military station recently established in the vicinity of the 4!)th parallel. From that point it will be convenient to carry on reconnoissances along the line towards the Rocky mountains, whenever an opportnnity is afTordcd by favor- able weather, before the full resumption of operations in the spring. The success of our operations during the past season has been greatly facilitated by the admirable arrangements of the commanding general of the department of Oregon for the protection of our parties in their laborious progress along the line, over a rugged mountainous region hitherto unexplored, and through a jiortion of country occu- pied by the most warlike and hostih* tribes of Indians in Washington Territory. The mere presence of United States troops for the first time on that remote and secluded frontier, had the moral cfiect to /quiet and overawe them into submission, and thereby enable the commission to carry on the work more vigorously by detaching small parties on distant surveys and reconnoissances without api)rehen8ion of disaster. The aid and protection thus rendered by CJeneral Harney is highly appreciated by the commission, and it gives me great pleasure to com- municate to the department the result of the co-operation of that dis- tinguished oIKcer. I have the honor to be, very respectfully, your obedient servant, ARCHIBALD CAMPBELL, Commissioner Northtvest Boundary Survey. • Hon. Lewis Cass, Secretary of State. on. >N. , I860. nitted for inding. i Hbadquarteus Department op Oregon, Fort Vancouver, W. T., March 13, 1860. Colonel: With the detachment of recruits asked for in my com- munication of the 2d instant, a number of musicians should be in- cluded, to replace those of the ninth infantry to be discharged. . :* MaaB>fe^.u^.,, f § CORBESPONUENCK WITH GENERAL I1AR.VEY. Major |jiip;cnb('C'l, iit ('olvillc, ntalcH tl'o four comiuiniiiH of IiIh corn- matid will ro(|uiro hovcii ltuj;l(M-H, and tlio hiiiuo will doubtlcrts bo tlie cuHO with tlio roinaiiiiiij!; coiiipaiiios of fliat ri't,'imoiit, wliirli, being orpinizcd uk lii.;lit, iiil'antrv, ro{|uiro buj2;lers as imiHiciatiH. 1 uni, tuloiu'l, vory rtiHiioctrully, your obedient servant. WM. S. HARNEY, Briijadui' (Ivnvnd, Commandimj. Colonel S. OooPER, Jdjutant (icncnd UnUal Slates Army, Wanhmjton Cilif, D. C. 1 Headquaiitkrh Dkpaiitment op Oueoon, Fort Vancouver, W. T., April i, 1860. Colonel: 1 have the lionor to cnelos*; rhargoa and Hpecificationa against First Lieutenant Henry C, Hodges, adjutant 4th infantry, for the action of the War Department. I am, colonel, very reKpectlully, your obedient servant, W. S. HARNEY, Brujadkr General, Commanding. Colonel S. Cooper, Adjutant General, Washington City, D. C. Charges and spedjiaitions exhibited against Fird Lieutenant Henry C. Bodges, adjutant 4th infantry, by Brigadier General William 8. Harney, United States army, comman/iing the department of Oregon. Charge Ibt : Neglect of duty. Specijication. — In this: that he. First Lieutenant Henry C. Hodges, adjutant of the 4th regiment of infantry, and judge advocate of a general court-martial, dlid neglect and fail to transmit, in a proper manner, the proceedings of said court to the officer having authority to confirm the same, Brigadier General W. S. Harney, United States army, the commander of the department of Oregon. This at Fort "Vancouver, W. T., on or about the 14th dav of March, 1860. Charge 2d: Disrespect to his commanding officer. Specification. — In this: that ho. First Lieutenant Henry C. Hodgee, adjutant of the 4th regiment of infantry and judge advocate of a general court-martial, on being ordered to transmit the proceedings of said court in a proper manner, did forward the same, with an iin- prrinr 1 "J* Ih'h corn- • l«HH 1)0 the 'i'<:li, being KY, 4, 1860. ecifications if'iintry, for nanding. Henry C. yUliam 8. tf Oregon. • Hodgeg, •cate of a a proper authority ed States •f March, Ifodgee, fite of a coedingg h an iux* COKKKSrONDHNCK WITH (JKNEUiL IIAUNEY. profior aiul (linntHpcctfiil letter to h'\n commimdiiig oflUter, Hrigadior Oeiiiiial W. S. Harney, ei)inniiiii(ler ul' tlie (I('|)artriieiit ol' ()r('^j;(»n, 'riiisat Kort Vancouver. W. '!'.. on oralioiit the ir)th day of March, 18(10. W. S. II A Its KY, liiigndu')' Oeiicrnl, Commanding. \Vitri % 10 CORRESPONDENCE WITH GENERAL IIARNET. .<» 'i ¥. I this last-montioned lottcr. I stnto this to show to tlio lieutenant general that I have done all in i.iy power to romj)ly with the regula tion whii'h requires nie to fcu'ward all my letters through "inter- mediate commanders.'' I now send tliem direct. 1 can't but feel that this last act of General Harney's, in placiui: me in close arrest for doing what his letter required me to do, i. c, getting j)ermission lo forward communications, is " tyranni«'al" in the extreme: contrary to the spirit of the Regulations lor the Army, })aragraplis ::12, 21. >. and oppressive. I lay this wliole matter before my commander-in-chief for his action, believing he will see that I am ])rotectcd in my rights and redressed for the injury done me. I am, sir, very respectfullv, vour obedient servant, HENRY C. HODGES, \sf LlcHtenant and Adjutant Mh Infantry. Lieut. Colonel L. Thomas, A. A. GcnvraJ, Hcadq'iariers of the Army, New York City, New York. Iii-ninrks of the (renernl-iv-i'liicf. May 10, 18G0. I solicit the Siu'rctary's cIos(< attention \o this case. 1 am greatly mistaken if an instance (4" tyranny so useless and vexatious ever occurred in our army before. On Ih'igadicr (Jcneral Harney's hotter to the Hecretary of War (asking ibr a court) tht' jud,i;e advocate (Major Lee) indorses: "No judgment i-an lie had on these papers (iierewith) whether a court ouglit to be ordercMl.'' «tc. " No copy is given of the disrespectfid letter." Please see the alleged disrespectful letter transmitted to me Avith this appeal. It is nowhere stated in what particular the letter Avas deemed disrespectful; perhaps in omitting before the name of the staff ollicer tlu' prefix captain. \\\ everything else Lieutenant Hodges was courteous and respectful. Is it not intolerable desj)otism that for such slight and probably accidental omission the gallant adjutant of the 4tli iid'antry and intelligent judge advocate of a gen- eral court-martial should be put into close confinement, like a felon, for months, and denied all communication with higher authority? I trust that a court may be refused, and, but for a[)plication to the Secretary for one. I should instantly order Lieutenant Hodges to be relieved from arrest. Respectfidly submitted to the Secretary of War. WINFIELU SCOTT. P. S. — I ought to add that there have been more arrests by Bri- gadier General Harney and his immediate friends since he has been on the Pacific than perhaps ever occurred before in twice the num- ber of troops in the same time. W. S. Siu: foUowii been tr indigni On t this po and re A fc> which tion I mittal copy, remem n\ent < that it cxplai time I Fro t this di have, of ba\ sense i.v ■ 1 ' lieutenant tlu; roj^ula |"gl» "inter- *^, in placini; to Army, |liiof for his rif>hts >\\u\ iES, In/antnj. •k. 10, 18(50. 'in greatly iitious over ny of War )rsos: "J»^,, lei* iv court srospootfjil ittod to nit' ■ llio letter i»' name of fjieutenant despotism 'le gallant ■ of a gen- ke a felon, ority ? ion to the Jgcs to be COTT. ;« by Bri- Jias been the num- W. S. COBRPiSPONDEWCE WITFI GENERAL HARNEY. Fort Vanoouvku, WAsiirxcTON Tkrhitouy, 11 ' Morrh 2;}, 1800. Siu: I have to l:iy before the connnaiKKir-in-cliiof of tlie army the following statement, on whii^h I ask his aetion, as I consider 1 have been treated with great intiignity, and have been snbjec;ted to this indignity for no olfenee whatever. On the lAth instant I was arrested by the conunnnding oflieer of this })ost, by direction of the connnunding general of this department, and required to eonlii'e myself witiiin the limits of this garrison. A few d;iys ago I, upon appliciition, was intonricd of the cause for which 1 was arrested. A copy of the letter giving me this informa- tion 1 enclose, markcM? A. 1 also enclose a copy of my letter of trans- mittal, marked 15. I will say, in referiMice to this last-mentioned coi>y. that it is i-orrect, except. ])erha|)s, in one particular; 1 do not remendxM- now whether I p>it in the words " Ifeadiiuarters, Depart- ment of Oregon," after the "A. A. .\. O.," or not; not that I conceive that it is at all material whether 1 did or no, !>nt I simply ni.ike this explanation as to the c.n/r/y/c.w of the copy. 1 kept no cupy, as at tlm time I wrote the Iciler I never expected to hear of it ag;iin. From the t-ourse pursued towards nu* by the general commanding this department in this matter, I do appeal, and I do deny that 1 have, in all this matter, ever given oni' cause for my arrest. Conscioua of having forwarded the proceedings of the court properly in every sense of the word, and according to tlu> manner centemplated by the, regulations; conscious, too, that there is not a syllable in my letter of transmittal which can be construed into anytiiiiigat all disrespectfid; and feeling that i ha"" been wronged and injured by being arrested in the manner I have, and feeling that the comlnct of the goieral commanding this de|)artinent towards me in this matter is "tyraiuii- Cid " iii th" sense and meaning of paragraph three of the regidationa t>f 1857, for ih.e ;irmy, I do make this my ajipeal to the lieutenant general commanding the army with the hooe and belief that he will aee that I am relieved from and rculressed for this, as I conceive, injury done me by the conunanding general of this de|)artment. It may be ])roper to state that 1 took the proceedings of the court to the oHice of the acting at'siatant adjutant general in person; he not being in 1 put them in an envelope, directed them, and left them on his desk. They were soon after returned to me to bo sejit with a letter of transmittal, which 1 did. I am, sir, very respectfully, your obedient servant, IlKNRY 0. HODGES, First Lieutenant and Adjutant ith Infantry. Lieutenant Colonel L. Thomas, A. A. G., Headquarters of the Army, Neio York City, A\ Y. tt#ifVii.'-^^---^ .r-.,^_,=.;.ii«?-;:: r 12 CORRESPONDENCE WITH GENERAL HARNEY. I ti' r fi I I "A." Headquauters Department of Oregojj, Fort Vancouver, W. T., March 2\, 1860. Captain: The general corain.anding instructs you to inform Firet Lieutenant H. C. Hodges, adjutant of the 4tli infantry, he was arrested for neglect of duty as judge advocate of a general court-martial, in not transmitting properly the proceedings of the court to the general commanding, which conduct he rendered more aggravated when re- quired to correct this neglect by transmitting a disrespectful letter with the proceedings to these headquarters. I :.m, captain, very rcspectfullv, your obedient servant, A. PLEASONTON, Capiain 2d Dragoons, A. A. A. 0. Commanding Officer, Fort Vancouver, W. T. Capt; fdjutani general complai Lieut jnunicat his limi ing per Official; Headquarters, Fort Vancouver, March 21, 1860. A. J. SMITH, Captain \st Dragoons, Commanding. I certify that the above is u true and exact copy of the paper fur- nished mo. HENRY C. HODGES, First Lieutenant and Adjutant Ath Infantry. Fort Vancouver, W. T., March 15, 1860. Sir: Enclosed you will find the proceedings of a general court- martial. I am, sir, very respectfully, your obedient servant, HENRY C. HODGES, First Lieutenant and Adjutant ith Infantry, Judge Advocate. A. Pleasonton, a. a. A. G., Fort Vancouver, W. 2\ It may be that I put in the words "Headquarters Department of Oregon" after A. A. A. G.; I don't remember about this. As for the rest, I certify this is a correct copv. HENRY HODGES, First Lieutenant and Adjutant ith Infantry. H. MfaMW, iilM «*Hii C0BEE8F0NDENCE WITH GENEEAL HARNEY. 13 Headquarteus Department ov Oregon, REGOX, Fori Vancouver, W. 2'., March 24, 1860. . ' 18^0' Captain; The communication of First Lieutenant II. C. Hodges, inform First adjutant 4tli infantry, of the 2 let instant, lias been submitted to the was arrested general commanding, who directs mo to say your action in the caae rt-martial, in complained of is approved. o the genera] Lieutenant Hodges will be instructed not to send any further com- munications to these headquarters in reference to the extension of his limits of arrest, nor upon any other subject, without first request- ing permission to do so, and at the same time stating the nature of the case ht desires to refer. I am, captain, very respectfidly, your obedient servant, A. PLEASONTON, Captain 2t/ Drngoovs, A. A. A. 0. Commanding Officer, Fort Vayicovver, fV. T. ted when re )ectful letter •t, TON, ^. A. O. uveb, 21, 1860. ITH, nmanding. le paper fur- GES, I Infantry. 15, 1860. neral court- }ES, Advocate. artment of :3. As for ES, nfantry. Official: R. MACFEELY, First Lieutenant 4th hfantry, Acting Adjutant. I certify that the above is a correct copy of the paper furnished mo. I HENRY C. HODGES, First Lieutenant and Adjutant 4th Infantry. Headquarters Department of Oregon, Fort Vancouver, W. T., March 27, 1860. Colonel: The general commanding instructs you to limit the arrest of First Lieutenant H. C. Hodges, adjutant 4th infantry, to bis quar- ters, and no further communications from that officer will be for- warded to these headquarters while he is in arrest. I am, colonel, verv respectfully, your obedient servant. A. PLEASONTON, Captain 2d Dragoon:^, Acting Assistant Adjutant General^ Commanding Officer, Fort Vancouver, Washington Territory. Official; Adjutant's Office, Fort Vancouver, W. T. R. MACFEELY, First Lieutenant 4th Infantry, Acting Adjutant. I certify the above is a correct copy of the paper furnished me. HENRY C. HODGES, First Lieutenant and Adjutant 4th Infardry, \gp»^>ft$Kfl^ ri 14 CORRESPONDENCE WITH GENERAL HARNET. 'E.'^ I, Fort Vancouver, W. T., Marc?i 25, 1860. Sir: 1 desire to know if tlio commanding general of this depart- ment will forward to the lieutenant general commanding the army the papers mentioned below, vi/, : 1st. An appeal from the course of the commanding general of the department in arresting me. 2d. An appeal from the decision of the commanding general of this department sustaining the commanding ofiicer of this post in refusing to fo'-ward letters on "ollicial business." I am, sir, rerv respectfully, your obedient servant, HENRY C. HODGES, First Liadenant and Aitjuiant Uh Infantry. Captain A. Pleasonton, Second Dragoons, A. A. A. 6?., Fort Vancouver, W. T. A correct copy. HENRY C. HODGES, First Lieutenant and Adjutant ilk Infantry. •^:r ■•■;, I # Adjutant General's Office, Wasldwjton, May 18, 18G0. General: Your letter of tlie 4th ultimo, transmitting charges and specifications against First liieutenunt Henry C. Hodges, adjutant 4tU infantry, is rc^ceivtd; also an appeal by him to General Scott. The Secretary does not, from the papers submitted by you, see that the lieutenant has connnitted any otl'ence, and therefore directs that he be discharged from arrest until the further order of the depart- ment. In the meanwhile, and to enable the Secretary to give a final order in the mutter, he desires you to explain wherein there was a breacli of duty on the part of the lieutenant in transmitting the court- martial record; 2d, in what his letter was disrespectful; 3d, what aggravated circumatiinccs (Army Regulations, paragraph 213) made it necessary to put an ollicer in close confinement for so long a period; and, 4th, the reasons for which you denied to him tlie right of writing to yon in *h(3 ordinary mode on his olficial business. I have tlie honor to be. general, very respectfully, your obedient servant, E. D. TOWNSEND, Assidant Adjutant General... Brigadier General W. S. Hauney, U. S. Ann If, ihmiaandiinj Depart rntnt of Oretjon, Fort Varnouvtr, Washimjton Territory. 1.. c:z:r_v;:^ „-rju,--r: COBBESPONDBNCE WITH GENERAL HABNEY. 1& 25, I860, this depart- the army the 3neral of the ^neral of this H in refusing Infantry. r. T. GES, Infantry. Office, 18, 18G0. charges anj iuljutant 4th .^ott. ■on, see that directs tliat ho depart- g'lvo a final licre was a ? the coiirt- ; 3d, what 213) made Sa period; ; of writing f obedient END, CfcneraL Fort Vancouver, W. T., April 18, 1860. Sir: I have to inform the lieutenant general commanding the army that I have been in dose arrvd three weeks and one day, and that I believe General William S. Harney, the commanding general of this department, will not extend my limits unless he is positively ordered to do so, as he has forbiUden me to communicate with him on any subject whatever; and I do therefore respectfully request that Gen- eral Scott will see that I am allowed to go beyond my present confined limits, which are oppressive and contrary to regulations, custom, and humanity. I am, sir, very respectfullv, your obedient servant, HENRY C. HODGES, First Lieutenant and Adjutant ith Infantry. Lieutenant Colonel L. Thomas, Assistant Adjutant General, Meadcjuarters of the Army, New York City, Neio York. Indorsement of the General-in-Chief. I am aware that Lieutenant Hodges has been released from arrest, and it is hoped some redress may be accorded to him for an act of stupid outrage which has never been surj)asscd even in the Turkish army. Respectfullv submitted to the Secretary of War. WINFIELD SCOTT. Headquarters Department of Oregon, Fort Vancouver, Washington Territory, April 11, 1860. Sir: I have the honor to enclose, for tlie information of the general- in-chief, a copy of a communication from Captain L. C. Hunt, fourth infantry, commanding on San Juan island, forwarding a copy of the orders of Rear Admiral Baynes, commanding her Britannic Majesty's naval forces in the Pacific, to the oilicer commanding a detachment of royal marines landed on San Juan by the orders of the admiral. I have the honor, also, to enclose a copy of a communication from certain citizens on San Juan, complaining of Captain Hunt's conduct towards them. The captain has not reported his acts to this office, and the fact of his being inimical to a portion of the inhabitants of the island, under present circumstances, has decided me to replace Cap- tain T^ifrkett's compau)' uprin the island, with such instructions as are necessary to meet the requirements of the service, a copy of which is also enclosed. In consequence of the expense attending the maintenance of the position at Fort Townsend, and its want of usefulness in a military k^dM^: ■40a 51 16 CORRESPONDENCE WITH GENERAL HARNEY. ■tiki point, I have directed the company there to bo withdrawn to Fort Jral "'" Steihtcoom. by taj) I am, sir, very respectfully, your obedient sprvant, ^ ^ "'"' W. S. HARNEY, i| Briqadier General, Commanding. «, . . r« * Capt; The Assistant Adjutant Geneual, , ■ Headquarters of the Army, New York City. 11 Camp Pickett, San Juan Island, March 27, 1860. Sir: I have the honor to state, for the information of the commanding general of the department, that a detachment of British marines haa been landed upon the north end of the island, conformably to the proposition of Lieutenant General Scott, for establiahing a joint mili- tary occupation. From tiie tenor of my instructions and the papers furnished for my guidance, I consider it my duty simply to announce the fact, and await the orders of the commanding general of the department upon the subject. I enclose herewith a copy of the communication of Roar Admiral Baynes, accompanied by an extract from the orders furnished by Captain Bazalgette, commanding the detachment. I beg to call the attention of the conunandiiig general to the fact that while the British commanding oflicer has full power, plain and definite instructions by which my complaints to him of British subjects would be promptly acted u|)on, 1 am without such instructions as regards his complaints, (and liquor dealing will be very certain to produce them.) General Scott's instructions to me seem to acknowledge (to a certain extent) territorial jurisdiction, but in all probability there will bo no magis- trate upon the island, (the present magistrate, Mr. Newsom, has just resigned,) and even if there should be, juries will find verdicts for the oifenders, implying indepencence of Whatcom county jurisdiction. This has been shown lately in the cases of two persons tried for liquor dealinfi, unlicensed. The fact is that a great many of the persons upon the island are vagabonds, of no particular nationality, or of any, as it may suit their purpose, and it seems a great scandal that no power, civil or military, should be operative to keep them in order. It certainly seems tliat Whatcom county jurisdiction should apply fully (to American citizens) or else that which I am quite sure the bona fide settlers and well-disposed citizens would prefer, military au- thority, so long as the present anomalous condition of affairs shall exif-t. Under all these circumstances of the case, and as the best solution of future difficulties, I respectfully request that the commanding gon- %M -_ .,*. s CORRESPONDENCE WITH GENERAL HARNE7. 17 awn to Port •'"'^^ would funiisli mo with inatructionfl lumluf^ous to tlioso posscaaed by Captain 15a/,algotto. I am, sir, very respcctiully, your obedient servant, t, VEY, nmandiiuj. L. C. HUNT, Captain ilh Li/antry, Commanding. Captain Alfukd Pleasanton, 2d Dniijoons, A. A. A. General, Fort Vancouver, W. T. Island, 27, 1860. ommandiiig marines haa lably to the a joint mili- ahed for my 10 fact, and tment upon )ar Admiral irnished by ? to call the 3 the British tructions by •0 promptly complaints, .) General ;ain extent) no magis- )m, has just lifts for the urisdiction. id for liquor the persons , or of any, lal that no m in order, ould apply iro the bono, lilitary au- ffairs shall jst solution nding gen- ITeii Britannic Majesty's Ship "Ganoes," In EHquimanU ILirhor, March 20, 18G0. Sin : I have the honor to inform you that a detachment of royal ■narinos, with their approj)riate army, equivalent in number to the troo[)s of the United States under your command, will be disembarked on the north joint of the Island of San Juan for the |)urpo8e of es- tablishing a joint military occupation, agreeably to the proposition of Lieutenant General Scott. The annexed extract from tlie orders I have given to Ca[)tain Bazal- gette, the ollicer commanding, I beg to furnisli for your information. I have the honor to be, sir, your obedient servant, I R. LAMBERT BAYNES, I Rear Admiral and Commander-in-Chief of Her Britannic I Majesty's Naval Forces in the Padfic. Captain Hunt, Commanding United States troops, San J>ian Island. [Extract.] "The object of placing you there, is for the protection of British interests and to form a joint military occupation with the troops of the United States. "As the sovereignty of the island is still in disptite between the two governments, you will on no account interfere with the citizens of the United State; but should any ofTenco bo ccmnnitted by such citizens, which you may think it advisable to notice, yon will send a report of it to (^tptain Hunt, or oflicer commanding the United States troops. "American citizens have equal rights with British subjects on the island. "Should the officer commanding he United States troops bring to your notice offences committed by any of her Britannic Majesty's sub- jects, you will use your best judgment in dealing with the case; and I authorize you, if you deem it necessary, to send them off the island by the first opportunity. " If any doubts arise as to the nationality of an offender, you will not act in the case before you have consulted with the United States commanding ofticer; and not even then, unless your opinions coitcide. H. Ex. Doc. 98 2 J r^WBSVBS mmam |i' ';i rr 18 CORRESPONDENCE WITH GENERAL TIARNEY. "You will place yourself in frank tmd free commuuicivtion with the cominiiiiding oflit-erof the United States troops, bouriii^^ in mind how essential it is for the public service that the most perfect and cordin, understanding should exist between yo;i, which 1 have every reasoi, to feel assured you will at all times tin.' Captain Hunt ready ain! anxious to maintain "ROr>KllT LAMHERT BAYNES. "■Bear Admiral and Cuuiiiiaiukr-in-Chie/', "Captain GEoiKiK 1>a/^ai,gktte, " Jioyal Marines, Cominandiiuj " Detachment on the Inland of San ,fuan." ^ hi • I »t* San Jdan Island, March 7, 18G0. General: We, the undersigned citizens of this island, beg respect- fully to call your attention to the gross and ungentlenianly conduct of Captain Iliint, the ollicer in couunaml of tiiis station. We ask if la Is justified as a military man to infringe on the rights and privilege? of American citizens? Is he juj-tified in sl,o[)ping trade, and endeavor- ing to drive the inhabitants from the island? Such conduct ho i.-. guilty of, and, unless immediate steps are taken to prevent atiy furtho: outrage on his part, not only the service to wliich he belongs, but tin. dignity of the country, who boasts her liberty of the subject, will be compromised. By his recent condu(;t the whoh; of the inhabitants ni this island have been insulted, their i)rovision as tradesmen and citi- zens lowered, and he himself become an object of contempt. We, therefore, vespectfnlly ask your attention to this aj)peal, and trus-:', that either a more sane and proper ollicer may replace the one now in command, or steps may be taken to prevent utiy further in([uisitoriaI and unjust interference on his part. With profound respect, we beg to subscribe ourselves, general, your most obedient servants, I). W. DARLING. J. S. BOWKElt. B. M. KKN NELLY. N. BAKER. FRANK CHANDLER. DENNIS McCarthy. GEORGE BORDEW. JOHN SMYTH. JAMES FRAZER. it. 1; Headquarters Department op Orecon, Fort Vancouver, IF. T., April 10, 18G0. Captain: You will perceive byppecial orders No. 41, of this date, u copy of which is enclosed, that the general commanding has replaced you in command of your company on Saud Juan island. i' '3.«. r. ition with the :; ill iniiul how t and coriliii. every roiisoii lit ready aiul AYNES. r -ill- Chief. CORRESPONDENCE WITH GENERAL HARNEY. 19 ch 7, 18G0. »ef5 respect- ily eoiuhiet of We ask if hi ml privilege? 111(1 endeavor- •uiiduct he i: iit any rurther longs, but tilt, bjeet, will be inhabitants ot men and citi- tempt. We, Gal, and trus; ho one now in r iiKiuisitorial Ives, general, LTXG. El{. SHELLY. ANDLER. CAllTIIY. [)RDEW. TIL VZKR. :E(JON, il 10, 1800. of this date, ; has replaced For your information in this position, you will receive, as accom- panying papers, the correspoiKlence and instructions of Lieutenant General Seott, with refereneo to San Juan island, with an extract from the orders of Rear Admiral Baynes commanding her Britannic Majesty's naval forces in the Pacific, to Captain George Bazalgette, of the royal marines, commanding a detachnient of royal marines, landed on Sin Juan island by the consent of General Scott. These orders of Admiral Baynes communicate to his officer that he is placed on tlu^ island I'or the protecti(Mi of British interests, and to form a joint military occupation with the troops of the United States. To meet these orders of the admiral and to remove any misconcep- tion on the part of the British authorities as to your duties, I am directed to iun)art to you the following explanations and requirements of the general commanding, a copy of which you will furnish Captain Bazalgotte for the information of Rear Admiral Baynes. First. Lieutenant General .Scott has left no orders or instructions with the general commanding to grant a joint military occupation of San Juan island with British troo,)s; neither has any authority been dclegatiMl by the government of the United States to the general to otVer or acce[)t such occupation of that island. The olVer made by General Scott, when in command here, was not accepted by Governor Do.iglass at the time, and consequently concluded that transaction. N) arrangement has been made since to renew it, within the knowledge of the general conimaiuling. Second. The British authorities having submitted the assurance to General Scott that no attem[)t would be made by them to dislodge by force the United States troops on San Juan island, they were per- mitti'd to land troops for similar purposes to which your command was ilesigiied in the original orders conveyed to you in July last, viz: the protection of our citizens from Indians, both native and foreign. In coniioxion with this service, the general commanding takes occa- sion to i)resent you to Admiral Baynes and the officers with whom you will be brought in contact, as an officer possessing his highest coniidence, that nothing will be omitted in maintaining a frank and generous intercourse in all matters coming within your powers to establish a practical solution of the present misunderstanding, which shall prove honorable and satisfactory to all parties until a linal set* tlemeiit is attiiined by the governments. Third. Under the organic act of the Congress of the United States' for the establishment of the territorial government of Washington, tlio first legislative assembly in 1854 passed an act including the island of San Juan as a part of Whatcom county. This act was duly submitted to Congress, and has not been disapproved; it is therefore the law of the land. You Avill be obliged consequently to acknowledge and respect the civil jurisdiction of Washington Territory in the discharge of your duties on San Juan; and the general commanding is satisfied that any Jattempt of the British commander to ignore this right of the Territory dll be followed by deplorable results, out of his power to prevent or to control. 20 CORBESPONDENCE WITIT QKNERAL ITARNEY. f' Pm Tlio gononil commaiulinp: will iiitbnn tlio ;,n)vorii(>r ol' Wiisliinf;t()i. Territory tiiat you iin> dircettMl to coininuiiii'Mto with tlio civil ojlit-tir on tlio isliiiid in llio invostijjfidon of mII ciiscs roqtiiriiij; liis nttriition In tlio ovont ol' any Uritisli iiitcnsts boin;;- involved, you will notil) th(j ollicor placed there l>y Admiral IJaynes, to onalde liini to jiropiLsi some arran;?enienl satisfactory tn his instruclii)ns as widl as tlinsi; o\ the civil olliccr. Let it he understood, in case of disaj;rcement di these parties, that no action is to be taken nntil the case has heiM referred to Adnn'ral Buynes and the governor of Washington 'J'erritory respectively. These suggestions will be acceptable to the conditions which govern the territorial authorities of Washingtim, while satislying the obligu tions of the military service to their own as well as the civil laws oi the country, and it is fair to presume they will be adopted i)y Admiral Baylies, since the tenor of his instructions to Caj)tiiin Ba/algotto n sutHciently liberal to justify this conclusion. I remain, captain, verv resj)ectfullv, vour obedient servant, A. I'LEASANTON, C'npfain 'Id Drmjoom, A. A. Adjutant Gemrol. Captain Georc.k A. I'kkktt, Comtnamliiig Comj^anij "7)," ^Ih Infantry, Fnvt Brllbujhw}, ruijvffi Sound, IV. T. ^ [Special Orders — No. 41.] TltO.M^QUAUTKRS DePAUT.MKNT OF OrEOON, Fort Vanrnnirr, fV. T., April 10, 1860. I. The following ilisposition of troops on Pugct's Sound will tako effect without delay, viz: 1. Company "'D," Dth inlantry. (^iptain George Pickett, will replaci' Company " C," 4th infantry, at Camp Pickett, San Juan island. 2. Company "C,"' 4th infantry, on being relieved, will proceed tr Fort Steilacoom, to which post it is assigned for duty. .3. Company I, 4th infantry, at Fort Townseiid, will be witlidrawi to P^ort Stcilacoom. II. The steamer •■MaHsacluisetts"' will be used in the execution nt these orders, under such special instructions as will be given. By order of General Ifaniev: A. PLEASANTON, Captain 'Id Draijoonx, A. A. Adjutant General. HEADQUAltTERS DEPARTMENT OF OREGON, Fort Vancouver, W. T. April 10, 18G0. Govbrnob: I have the honor to enclose an extract of the t.rdera ol Rear Admiral Baynes, commanding her Britannic Majesty's naval CORRESPOSUKXCi: WITH GKNKRAL HARNEY. 21 Wiinliin>;'toi, civil nnic(!r Ills iittciitioii. • II will iiotil'v in to propose I art tiiosi; o| i;j,ToeiiK'iit (ii •:is(> liiis lit'i'i :oii Torritot), wliicli p;ovcn! 'j; tho oblijjju- civil laws ul !(l h_v Admiral Ba/algotto U rvant. s^TON, ml General. >REfiON, ivV 10, 18G0. )und will tal/' U'dr. '-;• ISpeciiilOideri*— No. 115.] ■\V.\U DKrARTMRNT. Ailjniant (lemraVs (i)(ff(C, 1f'(tsl,i)itft(m, Juw 8, ISC.O. IJrigadior General William S. Ilarnoy, United Stiites nrniy, will, on tlie receipt liereof, turn over the eoniniand of the de]»artnient of On' gon to the otlieer next in rank in that department, and repair witliont delay to Washington citv, and report in person to the Seeretary of War. IJv order of the Secretary of War: S. 000 PER, Ai/Julout General. 4 t 'vl Camp Pickrtt, I^an Juan Isi.and, April 24, 18(50. My Dear Siu: I drop a line in hopes tliat it may go by the mail steamer, now in the Sound, to mention the receipt of orchn's from department headquarters hresiking up Fort Townsend and Fort JJel- liriiiham, and sending Ca])taiu Picket t to replace me, who will retnrn to Fort Stcilacoom. No cause is assigned for this disturbance of tln' arrangements made by the general-in-chief, Jind as the department order comes simultaneonsly with the arrival of the War I>epart- ment order abandoning Fort Bellingham, 1 presume the movement has been intended for a long time ])ast, and tiie War Department order procured for the purpose of carrying it out. In tlie anomalous situation of the island, with the jurisdiction unde- termined, and my orders general in their character, my connnand has been a delicate and diflicult one. and it has been, in general, my aim to avoid any pretext for fault-finding to those who I knew were eagerly seeking it. I have not been altogether successful, as will b(^ seen by the correspondence enclosed, which I forward as giving a history, as it were, of matters upon the island, and as showing tho animus of department headquarters towards me, I have no doubt, however, that the replacing of Captain Pickett's company upon tho island is quite independent of complaints of me, that it has long been contemplated. ri- •5»'* CORRKSPONDl'.NCR WITH GENERAL IIARNET. 23 ir 8, IMOO. iiriiov tu re 'LOYD, >j of War. vr 8. l^nO. iiiny, will, nil Illt'llt ()}' Ore ■pair without SccH'tiiry of Tlii» order cnmoH ntii inoHt iticonvoiiiiMil tiinri;j;adii'r rit-nend Harnoy, to make this letter und its five eiiclosuren pid)lie. It will bo Heen that Captain Hunt's det'enct' is most triumphant. Ilespeetlullv sulimittod to the Seeretarv of War. WIN FIELD SCOTT. June 14. IHGO. JO PER, nt General. •41-ANl), I 24, 18(>(). 1 l)y tho mail ordiM's from md Fort ]Jel- lo will return •liar.ee of the e do[)artinoiit War Depart- le movonioiit Dei)artnioiit diction undo- command has oral, my aim \ know were ul, a.s will be I as giving n showing tho ve no doubt, my upon tho las long been IlEAnguARTioiiM Dki'autmicnt op Oreoon, Fori r>n>ronr,r, W. 7'., March 21, 18C0. CaI'Taix: Tho (Mielosed copy of a eommunieatit)!! from eitizeuH of San iluan island to tho i;(Mier.'d eommanding is transmitted for your information, and I am instnnled to say you will report without delay to these headquarters whatever action you have taken against the citizens of San Juan island. You are directed by the .general commantllng not to interfere with the trade of our citizens in any way, e.\cept the one ])rohibition of selling rK]uor to Indians, nor will you throw any impediment in tho way of persons coming to or leaving the island. You will make a full and complete report to tlieso headquarters of all your actions alVecting citizens up to this time, and hereafter you will tak(> no steps regarding them witlio\it reporting the same imme- diately to this olVice. I am, captain, verv respectfully, vour obedient servant, * 'a. PLEASON'l'ON, I Captain Second Dragoons, A. A. A. General. Captain L. C. Hunt, Fourth Infantry, lommandlnij Cnwp Piekefty San Juan Mand, Wmhington Territory. San Juan Island, March 7, 1860. General: Wo, the undersigned, citizens of this island, beg respect- fully to call your attention to the gross and ungentlemanly conduct of Captain Hunt, the officer in command of this station. We ask if he !*»• ,t#. %'am * - ■*■' .'tiibi ill ass^BBsn I'.. *-4 24 CORRESPONDENCE WITH GENERAL HARNEY. il ,V\ t ^1 . ,,!t •I '■'♦ n . is justiliod iia jv niilitiry man to iiifrin;;o on tlio rijiihts und I'l'ivilcp jjj^^i^ (jjg of Ainericiiii citi/.oiis? L< lii' jiistiliotj in stoi)ping (nulo, uiul ^''nk'iiv j|j^^]_ oriuij; to diivo tlio inliabitaiits riiuii the island? SiK'li conduct ho i, ^v^or th guilty of; ami, unless immcdiato stops arc taken to i)rovont any fur ^^ j^jH^ thcr outrage on his part, not only the service io which hi' l';'>ni:s choose t( but the dignity of the cituntry who boasts her liherly of the f^'ihjii i„_.,j ,„ will bo c( nif)roniise(l. I>y his recent conduct the wholo of tho inhal i„^ „m,, itiints of this island have been insulted; their position as tradesuio; gattlt>is. and citizens lowered; and he himself become an object of ^'i^idenipt ppjjji,,,,;^ We, therotbre, respectfully ask your attention to this appeal, ain fhev ar trust that eitlu'r a more sano and propter oHicer may replace the on, ^orj, .(H now in <"onunand, or stops maybe taken to prevent any further inny that I have interfered with Jew, w ''trade" or "tradesmen" beyond the fi>ct of taking action In Mialj repeatc ?.,. .'^ *i'^'^''''"^ *'^ ^'"' '^"'"' i=^hind against a number of transient persons, ample illicit liquor dealers, who had been com|)lainod of in the strongest It so 1 terras by the real settlers, who lived by dciiling poison to my men, the Jt and who all, without exception, I believe, have no other stake upon reniovi the island than that arising from their ill-gotten gains. I recognize Ipresi the uumos of three individuals (aud their creatures) who arc indig- from .••* i lY. COBRESFONDElfCE WITH OENEUAL HARNEY. 25 iind ])rivilof:(. o, iiiul oiuk'iiv luiuluct ho i, went iiny l"iii- h lie I'v'mii:'' i»r the sultjfi; (»!' tlio inliali as tnulosiiu'r t of I'onloiiiiit is appeal, ain pliH.'O tlio oiu I'tirthor iiujui elvos, goneniJ, LINCJ. ER. NELLY. lAY. fANDLER. CARTIIY. OUDEVV. TH. VZER. from Victoria, n the hospital, steward. He Ciij)(a{ii, d-c. Island, ch 30, I860. 'ceipt of your vhieh purports :>f' my eonduct , a statement neredible. it iitiM'fered witli n'tioii in MmIj isient persons, the stroiigotit. n to my men, er stake upon I recognize vlio are indig- naat that I should have ititerfered with their "trade." liowever iUflfful. For the inloniiatioH of the corauiaiuling general and to give him the I'ullest proolV', of the embarrassing position 1 oeenpy, unless I choo.^e to shut my eyes to the evils existing \\\)o\\ the island, and at- tempt no remedy, 1 beg to I'or-vard the statement ot" Mr. Newsoin, late magistrate on the island, as also a jietition from the bona Jidc settlers. In the present anomalous position of the island all sorts of opinions are held by oven the residents as to jurisdietittn and authority. They an- i>pposed to Whatcom county jurisdiction in whole or in part, alleging certain grievances. Many of the citi/.ens think that until the question of title is settled the island is properly under military jurisdiction, and would be glad to have it so declared. I understood from Judge Fitzhugh last Deeendier, that in his opinion 1 had full power to act against evil-doers in general; and " if I found dilHculty in that, to arrest them and send them ever to him." In the absence of any fixed and definite jurisdiction, opinions being various, and my instruction^' general in their character, I have been obliged to act as cases arose, according to circumstances and my judgment. At the suggestion, and by the advice of Mr. Crosbie, then magis- trate, to whom 1 apjdied for action against the nuisance of twt> whisky shanties in the immediate neighborhood of my cani}i, I j)ublished an order on the Kith of Jlecend)er declaring the military reserve to em- bra<"e an area of four sipiare miles, and directed Frank Chandler and. his partner, Dennis McCarthy, and Frazer (undorstooil since to be a British sul)ject) to remove thei.- respective nuisances, giving them the privilege of joining their liquor dealing brethren in ''town," whieh they promptly accepted. The same order forbade, under penalty of prosecution, the trading or having in possession soldiers' clothing, a practice which luul been carried to a great extent by the liquor dealers, a sj)ecial shop !.t Victoria for their sale having been kttpt sui)plied. Subsequently, James Frazer, who had been per- mitted to occupy his shanty on the {)romise of al)staining from li(iuor traffic, was detected in lying, a number of bottles of liipior destroyed whieh he had kept contealed beneath his flooring, whereupon he again retired to the "town." Drunkenness increasing, 1 determined that the authors of the mischief slnnild not go on with iinpunity. I preferred to make use of civil action when possible, rattier than take the shorter method of acting upon my "reserved" rigliis, and brought suit against Howker, Ctiaiuiler, and Frazer. The first two only were tried, and the j»i'.v, in the face of the facts, accjuitted. A German Jew, whose H'stablishment was the greatest nuisance of all, who had repi'atcdly dei lared his Miteution of a speedy removal, I nv.xdv an ex- ample of by direiting him lo remove liis liquors oiV the "reserve." It so happened that the order was simultaneous with the arrival of the Jew's boi.t for the purpose of carrying out his intention of rmioving his stock altogether from the island, and this coincidence, presume, has suggested t)ie charge of "driving" the inhabitants from the island. Finally, Mr. iiiggins, the only merchant (t. c, the .4#> . i-., -fi^ 'J^■.«1l«•M>^««fc. 'jm^Sm. Wj >: " \ih4:' 26 CORRESPONDENCE WITH GESEBAL HARNEY. only person who deals in dry goods, Ac.) in the "town," who li f>hore frequently expressed a fear of his life being atteir.))ted by the \ gjg„ej tl >. ery i €^en. Sib: \' rabble wlio surrounded him, aj plied to me for assistance. Mn; circumstances went to prove that his neighbor, a boatman, Keari,. by name, and, as has since appeared, a British subject, had roi)li him during his absence of a large (juantity of i)otatoes; several ri^ beries had occurred al)out that time; there was no magistrate up the island, and with some reluctance I yielded to the appeals of 11 Higgings, and sent a file of the guard to accompany Mr. Higgins the search for his potatoes. Tliis is probably the " inquisitoriiil action referred to, but it was for Kearney to complain, if any oii On the contrary, he expressed his perfect willingness that the militii: should search his cabin. *^® islam In conclusion, I may be permitted to add, that I congratulate m aJid quie self upon having won the confidence and best wishes of all the respci "°®^^^''^ able inhabitants of the island. *^** "^^' I am, sir, verv rospectfuUv, vour obedient servant, ^^*^ "^"S L. C. HUNT, result oi Caj)fain 4th Infantry, Ccmma.nding. P*I* ". Captain Alfked Pleasaxton, Havin Adinr/ Asfti^tovt Adjutant General Fort l\mcoiiver, W. T. Hunt, tli quest th; you, to G en. promptly Sir: Your oommuniciition to Cai)tain Hunt, dated March 21st, h been shown tome, and I have been required to make a brief stat- ment conc'crning it. A portion of the parties who signed the communication to yiv dated March 7, 18(!0. reside in the town of San Juan, and are engaj in the retail traflic of liquors, the l)alance are itinerant boatmen, k Bowker, Chandler, and Frazcrhave each been arrested on warraii' issued by myself, (as a justice of the j>eace of Whatcom county,) t' retailing liquors without a license, aiK^ notwithstanding the prod Avere positi\e as to the facts, the jury . i each case brought in a vi" diet of "not guilty,'' thereby showing a determination to resist t!; execution of the revenue laws of Wasliington Territory on the islaii': Tiie matter has been referred to the county commissioner of Whatco county. Justices of the peace have not the power to summarily punish utain lui fenders against this portion of the revenue laws. service. The general feeling of the actual settlers of the island (numberii •*" '"*' about lifty, a majority of whom are citizens of the United States) ii] cupatio pears to be in favor of having the laws of Washington Territory c^*^<"^M>|»I tended over the island in all cases relating to life and property, l)i:***K^ "* that no revenue, either federal or municipal, should be collected frn:"'"^ "■ " any resident of the island; and they consider a license tax municipi^*^*"*^ ,^ revenue. I pure Under the existing state of affairs on the island, it is necessary thu 1"*'^"'^ Bumraary power should bo exercised by some officer representing tli ****E"^<^ COLOI taining United States. pNiies. • ^» -f-i^'t JSC'. , .,-#•' CORRESPONDENCE WITH GENERAL HARNEY. 27 There is at present no civil officer upon the islond, I having ro- 8i|Med tlie position which I liohl. Ter' ry respectfully, your ohediont servant, D. P. NEWSOM, Lalo. Magistrate. ■ey. own," who li )te(l by the vl istanco. Ma: itnian, Keariii ;ct, had roi)li es; several n. ©gn. Wm. S. IlAnNET. uagistrate up ap{)eals of il Mr. Higgins ..ilfTf"!!!^''''' San Juan Island, Morch 30, 1860. ain, II any on _ ' hat the nnlita: SiB: We, the uiuloisigncd, American citizens, actual settlers upon the island, and tillers of the soil, respectfully represent, that the peace iifratulate ni^^d quiet of the island demand that a stop should be put to the un- all the respct^'oensed and uncontrolled liquor dealing carried on upon the island; that there is no prospect, for various reasons, that any magistrate will long contimie to e>:erciso his functioi.'S amongst us; that by the HUNT result of two recent jury trials it appears that no check exists on the Having full conndenco m the judgment and discretion of Captain k'OMi'fir W T. Hunt, the military commander upon the island, we respectfully re- quest that you will give him such instructions as may seem proper to you, to the end that the military power may be brought to bear promptly for the suppression of this great nuisance in our midst. We have the honor to be. with high respect and esteem, J. EVERETT HEWETT, DANIEL W. OAKES, D. F. NEWSOM, Lafc 3ra(ilstrat€, And thirty others. Gen. Wm. S. Harney, Commanding the Dcparhnent of Oreqon. March 21st, li ke a l)rief stat- nication to yrr iiid are cnga;,i lit boatmen, A ■sted on warraii ;'om county,) t' _ ding the proo rought in a vo' t, t^ .\ • /l • f ti Headquartebs Dei'artment of Oregon, ion to u.Mstu. p Vancouver, W. T., April 12, 18G0. •y on tlie islaii'; . » ) /^ i ner of WhatcoL Colonel: Your comnumication of the 7th of February last, con- taining the desire of the Secretary of W^ar for an explanation of cer- arilv ])unisli o^^ furloughs to enlisted men, stated to have been employed in my seiwice, has been received, and fnumberii: ^^ •'*'Pl.v, I have the honor to state, that in consequence of the oc- lited States) 111 *'''^^^'"" "^ ^''*^ military reserve at this place by the Hudson Bay :)n Territory c>^*'^P**'^y ^"^ the Catholic mission, I was compelled, the past year, d propertv ])i:*® K^ beyond the reserve to make a garden for myself and stalT. This 1! collected fror'"'''* ^ necessity, unless I had consented to encroach upon the gardens le tax municii)i!°^*'^'^ trooj^s, which I was not disposed to do. To secure the ground, I purchased it, and such labor as was placed upon it by soldiers on s necessary tliir^'*'^^"??'' ^^"^ 1"'''^^ '"^' f'^itof my private means. Seven men were fur- enresontinff tli''*''fe^*^^ '^'>' ^"3' orders for this ])urpose from a command of iive com- epresonting tli' pitiies. During the time occupied in improving this place — for I bad. ..4«^"«U^M> -f ll'\ .n sMittmmimt MH V ' K.. 28 CORRESPONDENCE WITH GENERAL HARNEY, S . il' • . ' ti others tliuu so'iicrs employed — the ordnaneo ofiieers, Lieiitonar Sill and Welclier, were struck with its iidviinta<;es as a site for arsenal, and Lieutenant Weloher made a report to that eflect to I colonel of ordnaii'-e, rcquestinj^ perniitision to obtain it. Satisli there could be no diiliculty in the transfer to the United States, n being always desirous of advancing the public interest, I yielded t place to Lieutenant Weleher, and he occui)ied it with his detiichim for some weeks, when he told nie he had rei'eived instructions from i colonel of ordnance not to take the jdaee. but to build elsewhere, was surprised soon after this to receive an indorsement of the Scof tary of War, on a statement of the colonel of ordnance, refuting t report made to me by Lieutenant Weleher, and desiring to know I what amount I would be willing to dispose of my improvements. My communication to your office of December 26, 1859, placed t; whole matt'^r tiefore you; and I shall only add that, since that dai I have held the place subject to the disposition of the War ]• partment. These are the facts of t.-e case, in regard to whicli the generali; chief has permitted himselt to receive misstatements from a suli. tern in arrest for conduct t!ie Secretary himself decides in yo, communication was a grave breoch of discipline. The course pursued by the g3neral-in-chief is the more marki from his having declined to land at Fort Vancouver for the purpo: of giving his personal attention to a proper disposition of the requir ments of the service. I am not surprised, therefore, that the Seer tary of War should e-ipress disapprobation towards myself, uud circumstances so adverse to an impartial hearing of the case. I remain, colonel, very respectfuUv, your obedient servant, WM. S. HARNEY, Brujadier General, Commanding. Colonel S. Cooper, Adjutant General United Statea Army, Washington City, D. C. Tom Cn probable suitable the troi) shall can until ear I am, Assist Sir: 1 withdra' informal building Washinj that the A sill Simcoe, general- I am, Ahsis Headquarters Department of Oreoon, Fort Vancouver, IV. T., April 25, 1860. Sir: 1 have the honor to report that, in obedience to General 0: ders No. 6 of this year, from the headquarters of the army, I ha'. directed special reconnaissances to be made, with a view to obtai the niost suitable location for the new post ordered to be establislit in the vicinity of Fort Boise. The explorations and discoveries of the past season render this tli more necessary, since they indicate the establishment of a new rout for emigrants, some distance to the west of Snake river, to avoid tli sandy and barren portions of that route. To enable the general-in-chief to observe the positions of the* proposed routes, a copy of the map of that section of country, takei Fort Depart; Harney at Fort three c Resp . jH<^.iaM-« \ EY, rs, Lieutoiiat IS u sito for. it cflbct to t; 1 it. Satisli ite'd States, ii t, I yielded t: lis detiicliiiK ictions Iroiiit 1 elsewliero. nt of the Sccr cc, refuting t •ing to know i rovements. 859, placed t: since that dat of the War Ji I the generalj; s from a mk lecidcs in yo. e more marki or the purpih 1 of the requir that the Seer 8 myself, uud [he case. t servant, ARNEY, Commanding. CORRESPONDENCE WITH GENERAL HARNEY. 29 "rem Captain Wallen's explorations, is herewith enclosed. It is probable, from the distance of country to be [lassed over, that a Buijtablo location for the post may not be ascertained in time to place till troops in ])osition bei'ore the coming winter, in which event I smll cause all the preparations to be raado^ but defer the movement uniil early in the spring. I am, sir, very resj)ectfully, your obedient servant, W. S. HARNEY, Bikjadier Gennvl, Covwiandivg. Assistant Adjutant Genkual, lIi'cuJqmrlerK of the. Anny, Neio York city. TlEAngUAUTRnS PrPARTMKNT op ORWiON, Fod Vancouver, IV. T., il% 5, 1800. Sir: The troops at Forts JJcllingham and Townsend having been withdrawn to Fort Steilacoom, I liave the honor to re|)ort, for the information of the general-in-chief, that I have offered the use of the buildings at tlK)se places to the superintendent of Indian affairs of Washington and Oregon for positions as agencies, with the condition that they would be relinquished if needed hereafter by this command. A similar arrangement has answered a good purpose lor Fort Simcoe, and 1 trust the i)resent one will meet the approval of tho general-in-chief and the War Department. I am, sir. very respectfully, vour obedient servant. WM. S. HARNEY, Brvjadii-r General, (JomriMndimj. Assistant Adjutant Genkiul. IIeadi]imrter.f of the Army, New York nty. [Indoniement. ] Heauquauti:us of the Army, Washinrjtov, June 14, 1860. Fort Bellingham was broken up pursuant to orders from the War Department; Fort Townsend by the orders of Brigadier General , , „^ . j.y„ Harney. By abandoning this latter post, four companies are placed ' ■ at Fort Steilacoom, where it is understood there are only quarters for to General 0: t|jfe,> comi)anies. C. ' Oreoon, \pril 25, 1860. [le army, I ha'. I view to obtai be establish^ 1 render this tli t of a new roui var, to avoid tli (sitions of the? f country, takei 'I Reapectfullv forwarded to the adjutant general. I L. THOMAS, Assistant Adjutant General. ..^4>-»..