Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 3, 1877

No. 130.
Mr. Fish to Sir Edward Thornton.

Department of State,
Washington , December 6, 1876.

Sir: Referring to my note of November 2, respecting the case of Peter Martin, who, while being transported through American territory, had made an assault upon his custodians, and had thereupon been arraigned for the same, I have the honor to inform you that I have been furnished with a copy of a communication addressed by Mr. J. B. Lovell, said to be a justice of the peace, to Captain Jocelyn, an officer of the United States Army, commanding at Port Wrangle, Alaska, bearing date Glenora, Cassiar, British Columbia, September, 1876, in which it is stated that “the absence of any jail here, or secure place of imprisonment, necessitates sending him (Peter Martin) through as soon as possible; and I hope you will excuse the liberty we take in forwarding him through United States territory without special permission.” A copy of this communication I herewith inclose. It would appear thereby that there was no doubt as to the fact of the transmission of the prisoner through the territory of the United States, and that the presence of the prisoner upon American soil arose from no mistake, but from the intentional act of the colonial authorities in so transporting him.

I should be glad to be advised of any information concerning the case which you may receive, and have felt it my duty to transmit to you this further information.

I have the honor, &c.,

HAMILTON FISH.

[Inclosure.]

Mr. Lovell to Captain Jocelyn.

Glenora, Cassiar, British Columbia ,
September, 1876.

Dear Sir: I have received advice from A. W. Nowell, esq., stipendiary magistrate for the district, saying that a prisoner named Peter Martin, who has been sentenced to a term of imprisonment by the supreme court, is being conveyed by constables to Victoria, and requesting me, as one of Her Majesty’s justices or the peace, to do what I can to have him conveyed safely.

The absence of any jail here, or secure place of imprisonment, necessitates sending him through as soon as possible, and I hope you will excuse, the liberty we take in forwarding him through United States territory without special permission.

The prisoner is in charge of constables, under sealed orders from the supreme court, and anything you can do to facilitate and secure his safe passage to Victoria will be highly appreciated.

I have the honor to be, most respectfully, your obedient servant,

JOHN B. LOVELL, J. P.

To Captain Jocelyn,
Officer Commanding Fort Wrangle, Alaska.