No. 113

I have the honor to acknowledge the receipt of your Despatch No 55,
29th October 1864 wishing some further explanation of the reasons
 which induced me to set an Indian Convict named How-a-Matcha at
liberty.

Those reasons are chiefly deducible from the letters of the Chief
Justice and Mr Sebright Green which accompanied my Despatch No 60
of the 23rd August 1864.

The Indian tribes hold it to be a sacred duty to avenge the death of
a relative by killing a member of the offending tribe. A near
relative of How-a-Matcha had been murdered. The Chief of his tribe
applied to Mr Sebright Green who came to Victoria to represent the
case to my Predecessor, and obtain redress according to our laws.
Sir J. Douglas (quoting Mr Green's words) "told him in reply that he
could not interfere and must leave the Indians to settle the matter
themselves and he told the old Chief (of How-a-Matcha's tribe) the
same."

It is not surprising that under this implied sanction a savage
adopted the custom of his own bloody code.

With this fact in evidence, the Jury having properly found
How-a-Matcha guilty of murder, at the same time recommended him to
mercy, and the Judge joined in that recommendation.

I could not without greatly offending the Indian sense of justice,
and violating my own judgment (and that of my Council) under these
circumstances authorize the execution of this man.

It may be thought that some lesser penalty ought to have been
inflicted, and that this man ought not to have been set at liberty
unpunished. In adopting this latter course I was influenced by the
following considerations.

1st How-a-Matcha had undergone a lengthened imprisonment previous to
trial—in itself a great disgrace in the eyes of Indians.

2nd In a very ill-regulated Gaol such as that at Victoria he would
have been
demoralized and degraded.

3rd I was assured by missionaries, Protestant and Catholic, that a
Free Pardon would be accepted as a great boon by the culprit's tribe
and insure their future loyalty and good behaviour, and lastly, it
afforded me an opportunity of reconciling two hostile, and contiguous
tribes in which I am happy to say I have entirely succeeded.