Part 10

"It might be very competent and very proper in the accomplishment of the object in view, for the treaty-making power to suspend the operations of all laws for the punishment of offenders save in the cases where the acts were crimes, by the universal judgment of mankind. The power to suspend or modify must exist somewhere, or in the case of disputed jurisdiction, there could be no treaty or conventions.

"All such conventions are founded on the mutual concessions of the high contracting parties. After the convention has been signed, the supreme power in our government, in order to secure its honest and faithful execution, took possession of the disputed Territory, segregated from its former local jurisdiction, and administers, modifies, or suspends its own laws by its own military or judicial agents. The supreme power acts through its own functions and not through that of an inferior jurisdiction. It administers its own laws so far as such administration is not in conflict with the convention. Its power is ample and it need not borrow from the inferior jurisdiction.

"It can not be argued successfully that because San Juan Island is within the limits of Washington Territory, that, therefore, it can only be subject to its laws. Puget Sound, Admiralty Inlet, and one-half of the Straits of Fuca are within the territorial boundaries, but still many of the criminal laws of the United States extend over them. Neither can the joint possession of the United States and Great Britain effect the question.

"The high seas are in the joint possession of all the nations, and yet every nation punishes its own subjects for crimes committed there. Watts is an American citizen, and the victim of his violence was also.

"4. I am unable to convince myself that, if one general law of the Territory went to that Island, but what all general laws went there. That they were not and are not permitted to go there is a fact too palpable for argument. The alternative then is presented, either that their exclusion by force has been rightful, or that the military department has been guilty of a gross usurpation.

"The latter branch of the alternative ought not to be received without the clearest and most indubitable proof of its correctness. I am not contending for the doctrine that a military order is absolutely conclusive upon the courts, but it is always entitled to respectful consideration and will be presumed lawful until the contrary is shown. Especially, should such be the case when the order emanates from the highest functionary of the military department, and has been long sanctioned, at least by the acquiescence of every other department of government.

"To have permitted all the laws of the territorial legislature to have gone to the island would have resulted in the nullification of the convention. It would in fact have given the territorial legislature a veto on the treaty-making power of the government. Could this convention have stood for a day with the extension of the taxing power of this territory over that island? Every one knows that it could not. If the territorial jurisdiction extended there, it had the right to tax the property of the inhabitants thereof for territorial and other legitimate purposes. Taxes are not levied upon citizens, only, but inhabitants, property-holders, residents within the jurisdiction. The rightful exercise of such a power would have been decisive of the controversy, or rather it would have been exclusive of any rightful claim to controversy. Its attempted exercise would have been resisted with all the power of Great Britain. Reverse the circumstances and let British Columbia attempt to extend its taxing power over that island, and our government would resist the insult with all its military power.

"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.

Hold-ups on the streets, with pistol accompaniments, were frequent in the City of Seattle; burglaries were the regular order of business; no man was safe in the streets after nightfall; in fact, fear had become so intensified that in the visitation of one neighbor to another's house after dark, the visitant, after proper precautions, was received with pistol in hand. Such were the conditions, I am sorry to say, existing in the embryo city of Seattle in January, 1882, and such had been the conditions for several months previous to that time. The town was full of thugs and criminals. Such a situation was intolerable. During its continuance one George Reynolds, a young and popular business man, was shot down in cold blood, between seven and eight o'clock in the evening, while going down Marion Street to his place of business on Front Street, now First Avenue. He was held up by two ruffians between what are now called Third, and Fourth Avenues. His money and his other valuables were demanded by them, and upon his refusal to deliver up, he was assassinated.

I have never been a believer in Divine interposition or impulsions, but I must confess that on that fatal evening, and on a few other occasions my rationalism was somewhat shaken. My usual route from my residence on Fourth Avenue to my office on James Street was down Marion Street. On that evening, arriving at Marion Street, under the influence of some occult force, or power, I stopped, looked down Marion Street, and saw the assassins of George Reynolds standing near the west end of the block and leaning against the wall of the Stacy premises. Impelled by this mysterious force, I involuntarily went on to Columbia Street, and, when nearly opposite on the block to the south, heard the report of the shot that ended the life of Reynolds. Soon after I arrived at my office, I was informed that Reynolds had been shot and that he was dying; that many citizens were assembling at the engine-house, and that my attendance was requested. I accompanied my informant to the engine-house and found there assembled from seventy to a hundred men, greatly excited and determined. We quickly formed ourselves into a Committee of Ways and Means, and resolved to spare no expense, nor to omit any means for the apprehension and punishment of the guilty parties. I was elected Chairman of that meeting. We also immediately sent out twenty-five armed men to patrol the streets leading out of town, and to guard, in boats, the water front. We soon after added to the patrol twenty-five more men; soon after, fifty more; and within an hour-and-one-half after the firing of the fatal shot, we had at least one hundred armed men, and detectives in the field, besides the active, vigilant, willing and intelligent regular police-force of the town. In addition, a select committee, headed by the Honorable William H. White, was appointed to investigate the circumstances of the shooting, and to ascertain, as nearly as possible, the facts and circumstances identifying the guilty parties. I remained in the engine-house until after one o'clock, listening to the reports, made by patrolmen concerning suspicious characters, which were summarily examined and in most cases were dismissed as unfounded; but in a few cases the order was made to keep these suspects under strict surveillance, awaiting further developments. Between one and two o'clock a. m. the report came in that the guilty parties had been arrested, delivered to the sheriff and by him locked up in the County jail. They had been found concealed under bales of hay on Harrington's wharf. One had in his possession a pistol, but recently discharged. There were two of them. The news of their capture spread like wildfire. The patrolmen and other citizens came rushing in to the engine-house; and when the captors gave an account of their success, they were angrily asked, why they had delivered them to the sheriff, and why they had not brought them to the engine-house? The question was ominous. They were told that the captives were in the proper custody; and they were asked what they wanted the captives brought to the engine-house for? The reply was, that they wanted to look at them. This was still more ominous. I saw that so firm was the conviction that the parties arrested and in the rightful custody of the sheriff, were the guilty parties, that if the populace could get hold of them they would be strung up, without examination or trial. To this threatened act I was opposed, and I left the meeting and went down to my office. The light was still burning in the front room; I extinguished it, and, leaving the front door unlocked, went to the rear or consultation-room, locked the door and sat in a chair to meditate in the darkness on the situation, or condition of affairs. I had not been there long before two persons whom I recognized by their voices came into the front room and called me by name. I did not answer. They then came to the door of the consultation-room, rapped on the door, called me by my name and gave their own names. I finally admitted them. They told me that they had just left the crowd at the engine-house, and that the determination was fast approaching unity, and, if its culmination was not prevented, the captured men would be taken out of the jail and hung that night. They thought that I might prevent such an unnecessary and unwarranted ending of our grand and successful work. Knowing that the sheriff was a man of nerve and courage, and fearless in the discharge of his official duty I dreaded the result of such an undertaking, and I finally consented to go.

Upon arriving at the engine-house I found it filled by an excited yet joyous crowd. I made my way through this crowd to the rear of the large assembly-room, and while working my way through, received something of an ovation. While yet standing, someone said: "Judge, we thought you had thrown off on us." "Never," I replied. "But to illustrate my position," I said, "let me tell a story: Three negroes, passionately fond of hunting, and whose ambition in that regard was not fully satisfied by the capture of deer, turkey and quail in their native State, decided on a hunting-trip in the Rocky Mountains, to add the capture of larger and more dangerous game to their trophies. Being fully equipped, they bought tickets for a recommended point in the mountains. Arriving there, they left the train and went up into the dark woods, the sunless canyon, the silent coves and snow-crowned mountains, where the denizens of the wild were supposed to dwell. On the second day of their camping-trip, they came upon a large grizzly bear in a mountain cove. They fired at the grizzly and wounded him. Then the scene changed, and the bear commenced to hunt them fiercely. Two of them succeeded in climbing trees, but were unable to take their guns up with them. Sam, the other, was pushed so closely that he was unable to tree. He ran in a circle, with the bear in close and hot pursuit. His companions, safely perched in their tree, halloed to him to run. 'Sam, for God's sake, run.' One of the companions slipped down from the tree and, as Sam and the bear approached him, made a successful shot and finished the race so far as bruin was concerned. Sam, as soon as he could get his breath, says: 'What did you niggers mean by crying out to me, run Sam, for God's sake, run? did you suppose I was such an enormous fool as to throw off on that race?'" I told two more of the most ludicrous and laughable stories that I could think of; the object being manifest: I wanted time for the sober second thought to assert itself. I continued somewhat thus: "Are you afraid that the sheriff will send away the prisoners tonight, or that they will escape? If so, that can be prevented by sending twenty-five or fifty, or if you please, one hundred men, to keep watch and guard until nine o'clock tomorrow morning, when the justice has promised me to hold a public examination of the prisoners in the Pavilion, where all may come and see them and hear the examination." The Honorable William H. White, who was present, made a clear, earnest and forcible speech in favor of the proposition, and it was carried by a good majority.

The Pavilion was on the Southeast corner of Front and Cherry Streets. It was used as a church, as a Court House, as a theater, and for all public meetings. It was over a hundred feet in length and about thirty feet in width. Its entrance was from Front Street.

At the appointed time Justice Samuel Coombs was in his seat and the prisoners were present. They both pleaded not guilty. Honorable William H. White and myself acted as prosecuting attorneys. A Mr. Holcomb, a lawyer of good standing and ability, appeared for the prisoners and sharply cross-examined the witnesses sworn on the part of the Territory. The Pavilion was full of spectators, among them was his Honor Roger S. Greene, the then Chief Justice of the Territory. When the evidence was all in, the Territory waived its opening, but the prisoners' counsel made a brief argument in their behalf. The Territory waived its right to reply. During the progress of the examination, the windows in the rear of the Pavilion had been quietly removed.

The Justice, after a few moments of reflection, declared that the evidence of the prisoners' guilt was clear and convincing beyond a reasonable doubt, and the order of the Court was, that they be held for trial without bail. When the Justice had ceased speaking, someone--I have never learned who it was--slapped his hands together three or four times; and that immense audience rushed with one accord to the open windows in the rear, taking the prisoners along with them. Judge Greene, at first, seemed dazed by this sudden rush, but in a short time he started to follow the crowd. A man standing near seized him as he attempted to go, pulled down the theater curtain, threw it over the Judge's head, and securely held him until the crowd was nearly all out of the building, whereupon James McNaught quietly said: "Let him go." The Judge quickly rushed out of the building and down the alley to where the hanging was taking place. He seized one of the ropes and attempted to cut it, but he was soon hustled out of the crowd. Governor Elisha P. Ferry then advised him, as he could do nothing, to go home. This he did. The man who had thrown the theater-curtain over the Judge's head was asked why he did so; his answer was, that Justice ought to be blind, on such an occasion especially.

There were on the north side of James Street two large-sized maple shade trees standing eight or ten feet apart. It was in these trees that a strong scantling had been placed, to which the prisoners were hung. As soon as the two men had been swung up, someone in the crowd cried out: "Our work is not yet completed; let us hang the murderer of old man Sires to the same scantling." The idea was immediately seconded, and about one-half of the crowd went up to the County jail, broke down its doors, took the murderer who was awaiting his trial, put a rope about his neck and quickly returned with him to the fatal scantling. The rope was thrown over it, and he was swung into eternity.

I left the Pavilion soon after the crowd had retired, and walked slowly down to James Street. I arrived there just as the crowd was running down the hill with the murderer of Sires. A gentleman rushed up to me as I was slowly walking across James Street and said: "Judge, how do you feel about this proceeding?" I answered: "As a member of Judge Greene's Court, I feel terribly indignant; but as a private citizen, I think that I will recover."

Sires, who had been killed about a month before by a ruffian of the name of Payne, was an aged pioneer. His life for many years had been a rough one, and slightly bordering on toughness; but he had reformed and joined the church; and as he was a man of good ability, he occasionally preached. Confidence in his sincerity and genuine reform was general. He was poor, and, to aid in his support, he was given the office of policeman. While in the discharge of his duties as such, he was shot down by Payne. There was no doubt of Payne's guilt.

A coronor's jury on the hanging was summoned. Of this body I was a member and its foreman. We examined, I think, twelve witnesses. They all testified that John Doe and Richard Roe and Payne came to their death by hanging. Who were present, aiding, or abetting, or counselling, or advising, or actually doing the said hanging, or in any manner participating in the same, they all swore that they did not know. Finding that other and further investigation would be futile, we ceased taking testimony and joined in a verdict embodying what has been stated, with the addition that while we regretted the mode of their taking-off, yet we were certain in the death of the prisoners that the Territory had lost no desirable citizens, and Heaven had gained no subjects.

Court convened in a few days and Judge Greene gave the grand jury a well-prepared, able and elaborate charge, stating that everyone who participated in, or counselled, or advised, or actually performed the acts resulting in the death of these three men was at least guilty of manslaughter. He earnestly urged the grand jury to fearlessly investigate the matter, and if they were convinced that any person participated in the hanging of the three persons in any way spoken of by him, they ought to find indictments accordingly. Everybody honored the Judge for the faithful, fearless and full discharge of his duty in the matter; but his brave charge resulted in nothing. Thus ended the second, most tragic event in the history of the City of Seattle.

Whatever we may think of the mode of the taking-off of these three men, everyone admits that the result was beneficial. Security in person, property and habitation was again enjoyed. The criminal classes silently left the town, and peace and order reigned.

Chinese Riots

The next tragic chapter in the history of Seattle occured in the winter of 1886, and is known as the Chinese Riots. It is not my purpose to give a detailed statement of either the cause or the facts attending them. They had no substantial cause. They sprang from race prejudice and political madness. There had been no actual or threatened invasion by the Chinamen, of the rights of persons, or of property, or of personal security. In fact, the Chinamen were a quiet and peaceable folk, engaged in the more humble occupations of life. They did not interfere in politics, or in the social or civic concerns of society. In numbers they were a small body as compared with the dominant race. In these circumstances it was resolved by quite a large but irresponsible faction that the Chinese must go; and a notice was served upon them fixing the time of their required departure. They paid no attention to it, but continued in their peaceful avocations. At the appointed time, a large committee--headed, I am sorry to say, by two lawyers who were backed up by promise of support of their fellow conspirators--went to the Chinese quarters, and, with threat of the use of force if they did not obey, compelled them to pack up their portable effects and to go to a designated wharf where they could go aboard of a steamer bound for San Francisco. There was a strong line of assistants to speed their progress to the wharf, and to guard them after their arrival there. Many thus, were deported. The Courts soon interfered. Writs of Habeas Corpus were granted to the Chinamen, and, no cause for their restraint appearing, they were discharged. His Excellency, Governor Watson C. Squire, being in town, ordered out the Militia, which under the command of the bold and fearless Col. J. C. Haines, who was ably assisted by General E. M. Carr and others, did effective work. The _posse comitatus_ was also summoned, and it quickly responded. In the afternoon of that fatal day a conflict occurred between the opposing forces near the Old New England Hotel; shots were fired by both parties, and two of the rioters were seriously wounded. The flow of blood seemed to have a cooling effect on the rioters, and they slowly departed for their homes, disappointed, defeated in their purpose, and with smothered feelings of vengeance.

The Governor, wisely considering the actual and threatened danger existing, proclaimed martial law, suspended the writ of Habeas Corpus until further orders, and by telegraph requested the President of the United States to send a Federal military force adequate to preserve order, to vindicate the supremacy of the treaties of the United States and the honor of the Government. That military force soon appeared under the command of General Gibbons, and for two weeks or more the town was under martial law. Peace and order having been restored, and the sober second thought having asserted its dominion, the troops were withdrawn and all was well. Thus ended the third chapter of tragedy in the history of the town (now City) of Seattle.

Battle at Seattle