Frontier and pioneer life -- Oregon; Frontier and pioneer life -- Washington (State)
"On what principle could a part of the general laws of the
Territory go to that island, and a part not? It is of the 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
legislation, and is supreme within those limits.
"For the above reasons, I am of the opinion that Watts was
rightfully indicted under section 4 of the Crime Act of 1790,
which reads as follows: 'If a person or persons, within any
fort, arsenal, dockyard, magazine, or in any other place, or
district or country, under the sole and exclusive jurisdiction
of the United States, commit the crime of wilful murder, such
person or persons, on being thereof convicted, shall suffer
death.'
"But if there is a doubt as to whether San Juan Island was
within the Third Judicial District or not, then the last clause
of section 28 of the Crime Act of 1790 would apply, for Watts
was first brought into the Third Judicial District and
delivered to the marshal of the Territory by the order of the
Secretary of War."
Immediately after the reversal I called a special term of the Court at
Port Townsend, at which Watts was re-indicted on the Territorial side of
the Court, tried, and again convicted and sentenced to be hung. He again
appealed to the Supreme Court, but the judgment was affirmed; he then
sued out a writ of error to the Supreme Court of the United States, and
it was allowed, and it came up for hearing while I was Delegate from the
Territory. The Court was informed that Watts had escaped from jail and
was at large, and the Supreme Court refused to hear his writ of error.
He has never been recaptured.
After all this had transpired, the German Emperor decided that the Canal
de Haro was the true boundary line under the Treaty. The British troops
were withdrawn from San Juan Island, and peace and friendship
prevailed.
While I have always been in favor of liberty regulated by law, and have
believed that order and security were the sure resultants of law's
vigorous enforcement, yet there may be times and conditions, in frontier
communities, when the suspension of the general rule, like the
suspension of the great writ of Habeas Corpus, may be justified in the
forum of reason and morals. Especially, is this true when the furore of
the populace is not based on race, or class prejudice, or the frenzy of
religion, or party madness; but has only for its ultimate, the security
of person, property and habitation.
Public-domain text, read in full here on John Shaqi.
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