No. 264.
Mr. Rives to Mr. Chang Yen
Hoon.
Department of State,
Washington, May 15,
1888.
Sir: Referring to previous correspondence
exchanged by the Department with you in relation to the reported murder,
in May, 1887, of a party of Chinamen engaged in mining on Snake River,
in Oregon, I have the honor to communicate to you for your information
copy of a letter in relation to the occurrence, written by the honorable
James H. Slater, of Joseph, Oregon, formerly a Senator of the United
States, to Mr. L. L. McArthur, United States attorney for the district
of Oregon, which letter has been sent to this Department for such use as
may be proper.
You will observe that Mr. Slater makes important statements touching the
necessity of securing evidence against the six men who have been
indicted recently for the killing and robbery of the Chinamen in
question. It seems probable that much aid in the indicated direction
might be rendered to the authorities of the State of Oregon having
jurisdiction in the premises by the Chinese consul at San Francisco, who
has heretofore interested himself in tracing out the authors of this
grievous crime and endeavoring to procure their trial and
conviction.
The crime having been committed against the laws and peace of Oregon,
[Page 402]
and the indictment against
certain of the alleged murderers having been found by the criminal
courts of that State, there is no present occasion for Federal
jurisdiction in the premises, or for interference to procure testimony
on the part of the judicial officers of the United States. The Chinese
consul at San Francisco and his agents, with the witnesses to the facts
mentioned is your previous note, will, I am sure, be afforded every
courtesy and facility by the authorities of the State of Oregon, of
whose energetic disposition to take advantage of every opportunity to
further the ends of justice Senator Slater’s letter affords gratifying
proof.
Accept, etc.,
G. L. Rives,
Acting
Secretary.
[Inclosure.]
Mr. Slater to
Mr. McAuthur.
Joseph, Oregon, April 25, 1888.
Dear Sir: There is a matter in this county
which in my judgment ought to be looked into by the United States
district court, if it has jurisdiction. The facts are about as
follows: About last May a party of white men, about six or seven
men, committed a most daring outrage on a camp of unoffending
Chinamen who were mining on Snake River. They went in broad
day-light, attacked them, and there is direct proof of the killing
of two and indirect proof of the killing of many more. Their camp
was robbed, and it is believed that the white men got some $5,000 or
$10,000 in gold dust. An indictment was found in the circuit court
in March last against six, Ben Evans, J. B. Canfield, Omer Le Rue,
Robert McMillin, Carl Hughes, and Hiram May ward. The three latter
are in jail; the other three, who are regarded as the ringleaders,
are at large and are out of the State and their exact whereabouts
not definitely known, but it is believed that with proper effort
they can be secured.
Frank Vaughn testified before the grand jury and gave the whole
matter away. The feeling here is quite intense against the accused
and a general desire is expressed that all the parties should be
brought to punishment, but the county is not in a condition to push
the prosecution. Detectives will have to be employed to hunt down
the three out of the State. I believe there is no power vested in
the court or county to employ detectives or agents for the purpose
named. The Governor can issue proper papers and bring back the
accused when found and arrested, but has no power I think to do
more. I have not examined the Federal statutes, but surely think
that such offenses are surely cognizable in the Federal courts, but
if they are not I feel sure that in such a case the Department of
Justice can find some way to aid in the hunting down of these men.
It seems to me that in such a case the Federal Government must have
the power to vindicate a friendly foreigner within its borders under
treaty stipulation. McMillin and Vaughn claim to have been
eye-witnesses to the whole affair, and Mayward and Hughes claimed to
have remained at the cabin of the white men during the affair and
have been restrained from saying anything about it by reason of
threats. Vaughn turned state’s evidence and is under bonds.
I write to you because you are the United States attorney for Oregon
and directly in communication with the Department, and also because
I regard the matter in a most serious light and feel sure that if
the matter be laid before the proper authority the whole power of
the Government will be brought to bear to bring the guilty to
justice. Every aid will be given by the officers of this county and
by the people here. I am, of course, not advised as to what the
powers of Judge Deady’s court may be, never having examined into it.
But if jurisdiction attaches I trust immediate steps will be taken
to insure a speedy conviction, and if there is a doubt about the
matter, I suggest that the whole matter be at once laid before the
Attorney-General. You are at liberty to make such use of this letter
as you may think best. If further information be desired D. B.
Reavis, county clerk, and Peter O. Sullivan, county judge, will be
glad to furnish the same.
I must ask you to excuse the bad appearance of this letter as I have
written in great haste, and without time to put it in better
shape.
Respectfully, yours,
