Year: 1871

ton mad been signed the supreme power
in our own Government, took possession
of the disputed Territory, segregated it
from its former local jurisdiction, and
administers, modifies or suspends its
own laws by its own military or judicial
officers. The supremepower acts through
its own functions and not through that
of an inferior jurisdiction. 1t admins
ters its own laws so far as such admins
tration is not in conflict with the Con-
vention. Its power is ample, and it
needs not borrow from the inferior ju-
risdiction.


1t cannot be argued successfully that
because San Juan Island is within the
limits of Washington Territory, that
therefore it can only be subject to its
laws. Puget Sound, Admiralty Inlet,
and one half of the Straits of Fuca, were
within the Territorial boundaries, bu
still many of the criminal laws of the
United States extend over them. Nell
ther can the joint possession of the Uni
ted States and Great Britain affect the
question. The high seas are in the joint
possession of all nations, and yet every
nation furnishes its own subjects for
crimes committed there. Watts is an
American citizen and the victim of his
violence WAS also.


4thly, ] am unable to convince my
self that if one general law of the Terri
tory went to that island, but what all
general laws would go there. That they
were not and are not permitted to go
there is fact too palpable for argument.
The alternative is then presented, either
that their exclusion by force was right
full. or that the military department of
the Government has been guilty of a
gross usurpation. The latter branch of
the alternative ought not to be received
without the clearest and most indisput-
able proof of its correctness. am not
contending for the doctrine that mill
tary order is absolutely conclusive upon
the Courts, but it is always entitled to
respectful consideration, and will be
presumed to be lawful until the contrary
is shown. Especially should such be
the case when the order emanates from
the highest functionary of the military
department, and has been long sane
toned, at least by the acquiescenco of
every other department.


To have permitted all the laws of the
Territorial Legislation to have gone to
that island, would have resulted in the
notification of the Convention. 1t twould
in fact have given the Territorial Legis-
lation veto on the treaty making pow
er of the Government Could this Con-
vention have stood for a day with the
extension of the taxing power over that
island Every one knows that it could
not. If the Territorial jurisdiction ex-
tended there, it had right to tax the
property of the inhabitants thereof for
Territorial and other legitimate purpos-
es. Taxes are not levied upon citizens
only, but neutrality-suspicious.
resident within the jurisdiction. The
rightful exercise of such power would
have been decisive of the controversy
or rather it would have been exclusive
of any rightful claim to controversy. Its
attempted exercise would have been re-
sisted with all the power of Great Brit
| ain. Reverse the circumstances and let
British Columbia attempt to extent its
taxing power over that island, and the
Government would resist the insult with
all its military power.


On what principle could part of the
general laws of this Territory go to that
island and part not 1t is of very
essence of general laws at least, that
they should be uniform and universal
If the Territorial jurisdiction extended
at all, it is complete and entire. It
reaches all rightful subjects of legisla-
ton, and is supreme within those limits.
For the above reasons I am of the
opinion that Watts was rightfully in
dicted under the 4th section of the
Crime Act of 1890, which reads as fol-
lows:


If any person or persons shall with
in any fort, arsenel, dock-yard, maga-
azine, Or in any other place or district
of country, under the sole and exclusive
jurisdiction of the United States, COM
NIT the crime of wilful murder, such
person or persons being thereof convict
ed shall suffer DEATH"


But if there be doubt as to whether
San Juan Island was within the Sd Ju-
dicial District or not, then the last clause
of section % of the Crime Act of 1870
would apply, for Watts was first brought
| into the Sd judicial District and deliver
ed to the Marshal of the Territory by
the order of the Secretary of War.
The NORTHERN PACIFIC EXPLORING
ExPEDIIoN-G General Sherman telegra-
phs to the War Department from Chicago
that tho Northern Pacific Exploring Ex-
peditiop has been heard from on its re-