No. 24

I have the honor to forward for the information of your Grace Copy of
a letter with its enclosures which I have received from Rear Admiral Baynes informing me that Captain Hunt had been superseded in Command
of the United States Troops on the Island of San Juan, by Captain Pickett; and transmitting a Copy of that Officers instructions from General Harney the General Commanding the Department
of Oregon.

2. Your Grace's attention will naturally be attracted by the
extraordinary character of those instructions, and you will be
surprised to observe that the General Commanding declares he is not
cognizant of any arrangement having been made by the Government of
the United States and Great Britain for the joint military occupation
of the Island of San Juan; and it is also worthy of remark that he
alludes to the Civil Jurisdiction of the Territory of Washington as
being in force within the Island of San Juan, and all the other
islands in the Canal De Arro, which is in other words asserting the
sovereignty of the United States over the disputed Territory.

3. In taking up that position the "General Commanding" apparently
overlooks the fact, that the Legislative action of any mere
dependency of the United States can have no force or effect for or
against international questions, which were agitated before that
dependency had an existence as an integral portion of the United
States.

4. The mischievous tendency of these assumptions must be apparent to
your Grace: as cases involving the security of British rights and
interests may at any time be brought under the notice of the Military
Officer in Command of the British Detachment on San Juan, and just
protection must be accorded to British Subjects, even though that act
of duty should be followed by the deplorable results anticipated by
the "General Commanding"; but over which—though in this I am
expressing a view the opposite of his own—he clearly possesses the
most perfect power of control. If the "General Commanding" really
does anticipate disastrous consequences from the measures he is now
taking, he may perhaps be able to explain why the established status
as heretofore existing on the Island of San Juan, in consequence of
the understanding with Lieutenant General Scott, and which is
agreeable to both Governments, is now by his act, and without any
apparent necessity disturbed.

5. Your Grace will observe that the "General Commanding"
declares in his instructions that no orders were left with him by
Lieutenant General Scott to accede to a joint military occupation of
San Juan, and that the Government of the United States have not
delegated to him any authority to offer or accept such occupation.

6. In that case though practically wrong he is nevertheless
technically right in saying that no convention for the joint
occupation of San Juan has been agreed to by the Government of the United
States. I have therefore by this mail forwarded the whole correspondence
to Lord Lyons, and have submitted to his Lordship that no time should
be lost in placing General Harney in possession of the real views and
intentions of his own Government, whose action by his proceeding he
virtually ignores.

7. It has occurred to me that possibly no definite arrangement has
really been made, and no Convention entered into by the two
Governments for a joint occupation of San Juan. I have consequently
taken the liberty of also submitting to Lord Lyons that measures
should be at once instituted for arranging the basis upon which the
disputed territory is to be held until the question of Title is
finally settled.

8. Probably the easiest solution of the difficulty is to continue
the joint military occupation of the Island as heretofore
established; that basis being acceptable to both Governments
and—next to the entire removal of the Troops of both Powers—the
best arrangement for preventing complications.

9. In carrying out that measure I would suggest that the Civil
Magistrates on both sides should be wholly withdrawn, for their
presence would only serve to embarrass the Military Commanders; they
can render them no real assistance in the discharge of their duties,
as no civil jurisdiction can properly exist within the Territory so
long as it remains in dispute.

10. When some such measure is arranged, it will not be discretionary
with the local Officers of either Government, to disturb the
established status of the disputed Territory; and to defeat the
evident desire of both Governments to maintain amicable relations.

11. I will only further remark in reference to this subject, that,
impressed as we are with the conviction that General Harney is acting
in this matter without authority from his Government, we do not deem
it necessary to make any change in the instructions issued to Captain
Bazalgette, Commanding the detachment of Royal Marines, now occupying
the Island of San Juan; he will continue to act in good faith, and in
the most friendly spirit; but your Grace will readily perceive that
notwithstanding the best intentions on our part, the most serious
complications may suddenly arise out of the present state of affairs.