The Administration of Criminal Justice in Alaska 1867 to 1902

By Thomas ORhelius Murton B.S. (Ok1ahoma State University) 1950 B.Ed. (University of Alaska) 1958 THESIS Submitted in partial satisfaction of the requirements for the degree of MASTER OF CRIMINOLOGY in the GRADUATE DIVISION of theUNIVERSITY OF CALIFORNIA, BERKELEY

THE ADMINISTRATION OF CRIMINAL JUSTICE IN ALASKA 1867 to 1902

Copyright Tom Murton 1965 Berkeley, California

TABLE OF CONTENTS CHAPTERPAGE I.MILITARY GOVERNMENT BY THE ARMY, OCTOBER 18, 1867 THROUGH JUNE 15, 1877 Initial Development Army Justice Effort to Enforce Liquor Laws Is Alaska Indian Country? II.THE ABANDONMENT OF ALASKA, JUNE 16, 1877 THROUGH JUNE 13, 1879 Revenue Cutter Not Sent to Alaska Collector of Customs Resigns Indian UprisingBritish Royal Navy Restores Peace Revenue Marine Service Assumes Control III.MILITARY GOVERNMENT BY THE NAVY; JUNE 14, 1879 THROUGH SEPTEMBER l4, 1884 Lieutenant Beardslees Police Force The Provisional Civil Government Indian Law Proclaimed as Law of the Land Captain Glass Institutes Rule by Military Law Delegate Ball Elected to Congress Congress Responds to Alaskas Needs IV.THE CIVIL-JUDICIAL GOVERNMENT General Conditions Law in the West Transportation Funds, Fees and Fantasies The Marshal and Mental Health The Marshal Surveys his Vast Domain The Military Arm of the Civil Government V.GOVERNMENT OF THE BERING SEA BY THE TREASURY DEPARTMENT Discovery of the Fur Seal Efforts to Protect the Seal Herd Lease of the Pribilof Islands Importation of Firearms Return of the Revenue Marine Service VI.GOVERNMENT OF INTERIOR ALASKA Concurrent Jurisdiction on the Upper Yukon River Discovery of Gold at Dawson City The Miners Code Relief Expedition to the Interior Interlude at Skagway Rescue of the Whalers Alaska Receives Code of Criminal Procedures; Thirty-two Years Late VII.GOVERNMENT AT CAPE NOME Discovery of Gold The Return of the Military Government

The New Civil Government Bill Extension of Law to Nome Justice Prevails VIII.EPILOGUE Recapitulation In Memoriam CHAPTER NOTES BIBLIOGRAPHY APPENDIX

PREFACE
The administration of criminal justice has long been a subject of study, debate and analysis. An historical review of the various systems reveals, to a limited degree, the factors impeding and enhancing the establishments of Law and Order in new social situations. To understand a given judicial system, it is helpful first to study the factors influencing the creation of that system. Alaska was acquired by the United States in 1867. It received its first complete judicial system in 1902. This is a study of the interim administration of criminal justice; a system containing many provisions unique in American jurisprudence. Perhaps, as the reader will discover, the use of the word system to describe the operations of government in Alaska is a misnomer. The historical model has been chosen as a format for this study. To facilitate the understanding of the Alaskan Government, the sequential style of a diary has been adopted throughout to aid in establishing causal relationships. Chapter Four is dealt with in a different fashion due to the complex simultaneous activities peculiar to that period. The true spelling of place names during varying periods of time has been preserved for authenticity. Chapter notes have been included at the close of the text to supplement the footnotes and general bibliography. The bibliography reflects pertinent sources gleaned from the examination of some 3, 000 volumes of Congressional Documents published during the period under study. Portions of these have been reproduced in the appendix where reference to the source materially adds to the text. Also included in the appendix are selected letters from a collection of some 5, 000 original documents in the authors possession reviewed in preparation of this work. These have been included for ready reference and also because they are not known to exist elsewhere. In general, value statements and opinions of the author have been excluded. However, explanatory and transitional comments have been provided for clarity and continuity of the text. The unfolding drama speaks for itself with no needed assistance from the author. The reader is free to draw his own analysis and reach his own conclusions.

PROLOGUE
By the mid-nineteenth century, it became increasingly more apparent to Russia that she could not hope to retain her American interests indefinitely. The Crimean War had demonstrated Russia' s inability to protect her distant possessions. Reports from agents of the Russian American Company1 of gold in Alaska, foretold a repetition of conditions following a gold strike in British Columbia which resulted in the Hudsons Bay Company2 losing control of that Territory. Russia had, in actuality, abandoned her dream of making the Pacific Ocean a Russian Lake and had practiced a policy of retrenchment and withdrawal for several years subsequent to the sale of Fort Ross in California in 1841. Following the American Civil War, Russia and the United States found themselves kindly disposed to each other while sharing a common enemy, Great Britain. It appeared logical to Russian authorities to prevent a British monopoly of the fur trade and a corresponding expansion of power in the Pacific by ceding Alaska to the United States. Throughout the 1860s, the Russian Minister to Washington, Baron Edouard de Stoeckl, as directed by the Czar, continued to extend feelers to the Americans regarding purchase of Alaska. Negotiations continued between Minister Stoeckl and Secretary of State William Seward culminating in an offer by the United States to purchase the Territory on March 25, 1867 for the sum of $7,000,0003. Four days later, the offer was accepted by the Czar. The treaty was executed by Privy Counselor Edouard de Stoeckl in the capacity of Envoy of His Majesty the Emperor of all the Russias and William H. Seward, Secretary of State on behalf of the United States of America. In general terms, the Treaty provided for minimal implementation of law for the inhabitants remaining in the territory at the time of transfer. Article III provides that:
The inhabitants of the ceded territory, according to their choice, reserving their natural allegiance, may return to Russia within three years; but if they should prefer to remain in the ceded territory, they, with the exception of uncivilized native tribes, shall be admitted to the enjoyment of all the rights, advantages, and immunities of citizens of the United

This fur company received a twenty-year charter from the Czar on July 8, 1799. It was given exclusive jurisdiction over Alaska and was granted rights of discovery and trade. It was also partially subsidized by the Russian Government which shared in the profits. Chartered on May 2, 1670 to search for a Northwest Passage to the Pacific Ocean, this company evolved into a fur-trading venture in Canada and parts of Alaska. This was the sum agreed upon for delivery at London. To offset depreciation of the American dollar, an additional $200, 000 was provided.
3 2

States, and shall be maintained and protected in the free enjoyment of their liberty, property, and religion. The uncivilized tribes will be subject to such laws and regulations as the United States from time to time adopt in regard to aboriginal tribes of that country.4

Subsequent attempts by the federal government to provide a system of justice for Alaska indicates the acceptance of the phrase . . . such laws and regulations as the United States may from time to time adopt . . . as dictum. As opposed to the inauguration of a traditional territorial government for Alaska, the record indicates that civil and criminal procedures eventually established can best be described as Topsy--they just growed. The treaty was quickly ratified by the Senate but considerable difficulty was encountered in the House of Representatives in providing appropriations for the acquisition. Final Congressional action was completed and the proclamation was issued on June 20, 1867. Brigadier General Lovell H. Rousseau, Commanding Officer of the Army Department of Columbia with Headquarters at Portland, Oregon, was advised, while Congress deliberated, that he would represent the United States in the transfer ceremonies. On May 22, 1867, General Rousseau made several recommendations to the President of the United States concerning Alaska. He suggested that Army units be dispatched to the following selected points in the Territory to maintain control: Sitka as the seat of the government because it had been the headquarters for the fur company; Cooks Inlet because it was the site of a Russian post and trading center as well as potential agricultural land; Kodiak Island because it was the source of ice for California and held some commercial import as a temporary post; and Unalaska Island because it contained a good harbor: near Aunimak pass through which the American shipping must pass from the Behring Sea and was also the site of a coal depot left by the Russian American Telegraph Company. Major General H. W. Halleck, Commanding Officer of the Military Division of the Pacific with Headquarters at San Francisco, California (and General Rousseaus superior officer), recommended the name Alaska for the new territory because it was thus known by he inhabitants and the Russians. The term Alaska was derived from the Aleut words Alasshak, loosely translated as the great land, which referred to the mainland of the territory. Subsequently, the meaning of the word was broadened to include the islands in addition to the mainland. On June 4, 1867, Secretary of the Treasury Hugh McCulloch ordered Captain W. A. Howard of the Revenue Cutter Service in New York to report to San Francisco to there take

U.S., Congress, Senate, Convention for the Session of the Russian Possessions in North America to the United States, 48th Cong., 2nd Sess. and Special Sess., Vol. I, March 4, 1885, p. 941.

command of the cutter Lincoln and proceed to the coast of Russian America. This step was taken in an effort to protect the revenue in the Territory during the period of doubtful jurisdiction existing between the ratification of the treaty and the proposed actual transfer. Captain Howards objective was to determine . . . the probable haunts of smugglers, and the most suitable points for custom-house and revenue stations.5 In his report to the Secretary of August 17, 1867, Captain Howard recited instances of schooners plying their trade in whiskey between both Port Townsend in Washington Territory and Victoria, British Columbia and Alaska. He expressed concern over the consequences of the Indians having access to liquor and commended the policy of the Hudsons Bay Companys refusal to allow the natives to acquire liquor as a wise decision6. Captain Howard established his own assumptions of the law which later became the official policy Qf the Treasury Department toward Alaska.
As I have received no instructions in regard to the course to be pursued toward these incendiaries, I shall, when our flag has been hoisted over the territory, destroy all liquors brought into it for traffic, and send the vessels away, if under American colors; if any other nation, seize and send them to the nearest port for adjudication. I hope this course will meet the approbation of the department. Until laws or regulations are perfected for the government of this territory I shall consider it as an Indian reservation, so far as liquors are concerned7. He also reported on the Russian system for administering criminal justice in Alaska noting a lack of courts or any civil officials (Appendix A).

Prince Dimitry Maksoutoff, the Russian Governor of Alaska, assumed the Territory had become part of the United States on June 20th and, consequently, that his authority ceased on that date. He viewed the exchange ceremonies as a ritual having no relevance to the legal status of the Territory. He expressed his opinions to Captain Howard and reported pre-emption of lots in Sitka by Americans8. These settlers became so bold in the absence of recognized government that even the Governors garden at Baranof Castle, the seat of the Russian government, was staked for settlement.

U.S., Congress, House, Message from the President of the United States, in answer to a resolution of the House of the 19th of December last, transmitting correspondence in relation to Russian America, 40th Cong., 2nd Sess., Exec. Doc. No. 177, Feb. 19, 1868, p. 191. In contrast, the Russian-American Company had a policy of selling rum to the Indians in exchange for trade advantages.
7 6

Ibid., p. 196.

These were later determined to be British subjects from Victoria, British Columbia, posing as Americans.

To maintain peace with the Indians in British Columbia, the Prince authorized Captain Howard to inspect vessels en route to British possessions up the Stikine River. The Hudson's Bay Company steamer Otter was boarded by George For saith of Maine, a member of Captain Howards party, who was given the fictitious title of Acting Inspector and clothed with a quasi-legal appointment to enforce Customs regulations. He was given the rank of captain and was recommended for a permanent appointment as deputy customs collector and inspector at such time as the legal status of the territory might become resolved. While the Revenue Cutter Service, under the auspices of the Russian Governor, was providing some interim control over a portion of the Territory, plans were being completed for consummation of the transfer. General Rousseau was appointed August 7, 1867, by the President as Commissioner, to accept Alaska on behalf of the United States at ceremonies to be conducted at Sitka, Alaska. Captain Alexis Pestchouroff of the Russian Imperial Navy was designated as Commissioner by the Czar. The official party consisting of Rousseau, Pestchouroff, and the Russian Minister Baron Stoeckl sailed from New York on August 31st arriving in San Francisco on the 22nd of September. General Halleck requested a clarification of the status of the new territory in order to prevent the introduction of whiskey among the Indians. Under date of September 5, 1867, E. Peshine, Examiner of the Bureau of Claims, rendered the following decision:
The Act of 1834, (4 Stat., 729), to regulate trade and intercourse with the Indian tribes, . . . (provides that) all that part of the United States west of the Mississippi, and not within the States of Missouri and Louisiana or the Territory of Arkansas . . . for the purposes of this act be deemed and taken to be Indian country.9

While the Commissioners were en route from New York, General Halleck appointed Brevet Major General Jefferson C. Davis on September 6th as commander of the Military District of Alaska. General Davis was ordered to establish his headquarters at New Archangel (Sitka) and assume command of two companies designated for that post. The district was attached to General Hallecks Military Division of the Pacific at San Francisco which already included Washington, Oregon, California, Nevada, Arizona and Colorado. His instructions to General Davis became the official legal basis for the initial military occupation of Alaska.
(I)t is a well-established principle of international law that a change of sovereignty involves no change in the rights of private property, whether of individuals or of municipal corporations, and that the existing laws of any territory acquired by the United States by conquest or cession, which do not conflict with the constitution and fundamental principles of our government, remain in force till suspended, altered, amended, or repealed by proper authority. In regard to the aboriginal and uncivilized tribes of your district, you will, in the absence

Ibid., p. 96.

of any organized civil territorial government, and so far as our laws authorize or permit, act as their general superintendent, protecting them from abuse and regulating their trade and intercourse with our own people. You will endeavor to impress upon the tribal and uncivilized inhabitants of the ceded territory which constitutes your military district, and especially upon their chiefs, that our government will regard them as subject to its laws and entitled to its protection; that while they are protected by our government they will be required to respect the rights of all citizens of the republic; and that if any member of a tribe maltreat a citizen of the United States the whole tribe, and especially its chief, will be held responsible for the offence or crime committed by one of its members, unless they expel such criminal or deliver him to us for punishment.10

He therefore declared that Alaska was Indian country and had been subject to the provisions of the Act of 1834 since proclamation of the treaty--June 20, 1867. General Davis and his command which consisted of Company H of the Second Artillery Battalion and Company F of the 9th Infantry Regiment departed from San Francisco September 25th on the steamer John L. Stevens arriving at New Archangel October 9th11. The following day General Davis conferred with Prince Maksoutoff and it was deemed advisable to leave the troops aboard until the arrival of the Commissioners for the official transfer. With the permission of the Russian Governor, General Davis was allowed to land the contingency of livestock aboard with a small force to look after them. As the weather was bad in Sitka and the arrival of the Commissioners did not appear imminent, General Davis was escorted on an inspection tour of the Chilkat country where he was introduced to the chiefs by Captain Howard as the representative of the new government.12 The Commissioners left San Francisco on the Navy man-of-war vessel Ossipee on September 27th. They arrived at New Archangel at 11 A.M. on October 18th and decided to consummate the transfer that same day. The hour designated for the ceremony was 3:30 P.M. A company of 100 Russian soldiers, dressed in dark. uniforms trimmed in red with a flat glazed cap, stood at rigid attention. The American forces consisted of 22 Naval officers and 25 Marines in addition to the 143 soldiers; all in full dress uniform. The Russian Governor, the Commissioners, the entire white population and most of the Indians of Sitka surrounded the square in front of the Castle where the exchange

10

Ibid., pp. 102 and 103.

Two additional companies of the 9th Infantry Regiment assigned to Alaska were not dispatched due to the lateness of the season. While General Davis was on this excursion, the Commissioners arrived in Sitka and completed the transfer ceremonies.
12

11

was to take place. A twenty-man honor guard moved to shore from the Ossipee by row boat landing the American Colors in Alaska for the first time. The color guard moved up the beach, passed the Russian troops and assumed position immediately behind the flagpole. Salutes were exchanged between the troops representing the two governments. A hush fell over the parade ground interrupted only by the whipping of the Russian flag in the breeze and the resounding 21 -gun salute being rendered by the nine inch guns of the Ossipee off shore and the alternate echoing by a Russian shore battery on the wharf. But . . . .

CHAPTER I MILITARY GOVERNMENT BY THE ARMY OCTOBER 18, 1867 THROUGH JUNE 15, 1877

Initial Development
. . . (T)he ceremony was interrupted by the catching of the Russian flag in the ropes attached to the flag-staff The soldier who was lowering it, continuing to pull at it, tore off the border by which it was attached, leaving the flag entwined tightly around the ropes. The flag-staff was a native pine, perhaps ninety feet in height. In an instant the Russian soldiers taking different shrouds attached to the flag-staff, attempted to ascend to the flag, which, having been whipped around the ropes by the wind, remained tight and fast. At first (being sailors as well as soldiers) they made rapid progress, but laboring hard they soon became tired, and when half-way up scarcely moved at all, and finally came to a stand-still. There was a dilemma; but in a moment a boatswains chair, so called, was made by knotting a rope to make a loop for a man to sit in and be pulled upward, and another Russian soldier was quickly drawn up to the flag. On reaching it he detached it from the ropes, and not hearing the calls from Captain Pestchouroff below to bring it down dropped it below, and in its descent it fell on the bayonets of the Russian soldiers.13

The American flag was hoisted without incident by George Lovell Rousseau, son of General Rousseau, who was serving as the latters personal secretary. Undaunted by the events attendent upon the lowering of the Russian flag, Captain Pestchouroff proclaimed: General Rousseau, by the authority from his Majesty the Emperor of Russia, I transfer to the United States the Territory of Alaska. General Rousseau responded: I accept from you, as agent of His Majesty and Tsar of all the Russias, the territory which you have transferred to me as Commissioner on the part of the United States to receive the same.14 Thus was the auspicious beginning of the American rule of Alaska. While the officials were untangling the flags, H.M. Hutchinson, a merchant from New England, was busy loading the steamer with goods purchased from the Russian American

U. S., Congress, House, Report of Major General H. W. Halleck, Commanding Officer, Headquarters Military Division of the Pacific, San Francisco, California, Sept. 18, 1867, 40th Cong., 2ndSess., Exec. Doc. No. 125, 1868, p. 4.
14

13

Ibid., p. 5.

Company. He had come to Sitka early and persuaded the Russian Governor to sell the entire stock of the fur company for $65, 000. In addition to dry goods and frontier stock items, several ships in the harbor were also included. Hutchinson stored most of the goods at Sitka for his future plans. A lesser amount, he shipped to San Francisco to finance his endeavors in the fur-seal industry. For this portion of stock purchased from the fur company, he received over $250, 000. Eleven or twelve buildings were turned over to the military commander by the Russian Governor. One week was required to complete the inventory and the details of the transfer of the Territory. On October 20th, Captain Howard, as instructed by the Treasury Department, purchased a customs-house and a boat with two pair sculls and awnings for the Collector of Customs. The safe of the Lincoln was donated for the use of the first civil official, W. S. Dodge; a special agent of the Treasury Department and Acting Collector of Customs. Captain Forsaith was given a regular appointment as deputy customs collector and stationed at Stikine River November 2nd. On October 28, 1867, Secretary Seward asked General Ulysses S. Grant, Secretary of War ad interim, to instruct General Rousseau at Sitka to remove, by force if necessary, the intruders who had attempted to pre-empt land in Sitka. The military policy which soon evolved towards the Indians was to establish forts in the vicinity of the larger tribes and villages and to rely on patrolling of the coastal regions with a man-of-war to impress the natives with the virtue of remaining peaceful. This was seen as a method of encouraging white settlement with little increase in the number of troops and the avoidance of Indian wars. Laws of the United States regarding customs, navigation and commerce were extended to Alaska by passage of the Act of July 27, 1868. This act established the Customs District of Alaska with the port of entry designated as Sitka. One collector was authorized for Sitka with an annual salary of $2, 500 plus fees not to exceed a total income of $4, 000. The act also prohibited the killing of fur bearing animals and assigned the responsibility for enforcement to the U.S. Revenue Marine Officers of the Treasury Department. During the summer, General Halleck transferred four additional companies of Artillery to Alaska. With posts previously established at Sitka and Fort Wrangell, new posts were to be opened at Fort Kodiak, Fort Kenay (Kenai), Fort Koutznou in Cooks Inlet and Fort Tongass (Tongass) on Admiralty Island. The company destined for Fort Kenay was shipwrecked and forced to remain at Kodiak. In General Davis report to General Halleck of September 22, 1868, he recommended that representatives of the Indian Bureau not be sent to Alaska and that civil government not be extended to Alaska. However, he urged the provision of civil courts of general criminal jurisdiction at Sitka and Kodiak.

On January 30, 1869, Secretary of State Seward advised Major General John M. Schofield that pursuant to the United States Supreme Court decision in the case of Harrison vs. Gross (16 Howard, 164-202) it was held that the acts regulating foreign commerce take effect ipso facto, without the necessity of fresh legislation, with the acquisition by cession or conquest of all new territory. His conclusion was that the War Department, as representatives of the federal government, had legal authority to exercise control over the Indian tribes in Alaska (Appendix B). The military commander at Sitka posted orders requiring all Indians desiring to move from the Ranch15 to obtain permission from the Army. In January of 1869, several Kake Indians attempted to leave Sitka contrary to these orders and return to their village of Kake. In the struggle that ensued, a sentry shot and killed one of the Indians. To prevent a wholesale battle, the Indians were allowed to leave Sitka and return to their homes. It was later learned that they had retaliated by killing two white men in Chatham Straits while en route to their village. General Davis proceeded promptly to the village to punish them. Finding that the Indians had all fled in fear to the woods, General Davis ordered the systematic destruction of the entire village including all crafts left behind in the water. Major General George H. Thomas, Commanding General of the Military Division of the Pacific, made a tour of his command in 1869 which included inspection of military posts in Alaska. General Thomas report to the Adjutant General of September 27, 1869, indicates that General Hallecks instructions to the Army commander in Alaska, to hold the Chief responsible for the actions of members of his tribe, had been strictly interpreted as authorization to hold the chief hostage pending the delivery of an offender.
I will here mention that on my return from the northwest to Sitka, General Davis reported that during my absence he had visited Forts Tongass and Wrangel, on the revenue Cutter Lincoln, and that while in Tongass a white trader complained that he had been robbed by Cape Fox Indians. He went to the village, and upon investigation found the statement substantially correct; he then demanded the robbers of the chief, who excused himself for not delivering them because they were absent fishing; he arrested the chief and medicine man of the tribe, and took them to Sitka as hostages for the delivery of the robbers, telling the chiefs wife and sub-chief that he would hold them until the robbers were given up. The result of this prompt action was the delivery of the robbers to the commanding officer at Tongass. They will be punished by confinement and work at Fort Tongass, as a warning to the tribe, and the chief and the medicine man released and returned to the village.16

The first recorded arrest of a civilian in Alaska was that of J. C. Parker on December 16,
The Ranch was a term used by the Army to designate any Indian settlement adjacent to a town or Fort but not constituted as a distinct Indian village. U.S. Congress, House, Report of the Secretary of War, November 20, 1869, 41st Cong., 2 Sess., Exec. Doc. No. 1, Part 2, 1869, p. 116.
nd 16 15

1869. Parker, a Sitka policeman, was charged with murder of an Indian and to be held in the military stockade until tried by a competent court or released by proper authority. In his report of January 18, 1870, to the Secretary of War, General Davis stated, This is the second Indian Parker has killed within the past year. The killing in both cases was pronounced unjustifiable by the board of officers who investigated them.17

Army Justice
In December of 1869, two white men, who claimed to be miners and were living at the post of Fort Wrangel, procured liquor alledgedly for their own use. They in turn, sold it to the local Indians. At ten minutes past eleven on the evening of December 24th the Fort commander, First Lieutenant William Borrowe, received a report that a Stikine Indian named Lowan (Si-wau) was under the influence of the liquor, and had injured one of the laundresses, Mrs. Jacob Muller, wife of the quartermaster sergeant. While in her house just outside the stockade, and in the presence of her husband and a man named Campbell, the Indian had bitten off a portion of the third finger of her right hand in the course of shaking hands with her. Lieutenant M. R. Loucks with a detachment of twenty men was dispatched at midnight to the Ranch to arrest the offender. Lt. Borrowe alerted the entire garrison to stand by in anticipation of trouble from the Indians. Lt. Loucks located the house in which Si-wau was hiding. Eight men were posted outside to cover the entrance of the house while the remaining twelve entered with the Lieutenant. This squad was formed in a single rank against the wall nearest to Si-wau with instructions to fire if the signal should be given. Si-wau was informed that he was under arrest and would have to go to the Fort. He responded slowly and an argument ensued resulting in Si-Waus brother, Esteen, rushing in front of the detachment shouting, Shoot; kill me; I am not afraid).18 Si-wau, believing his brother in danger, also rushed toward the squad and attempted to snatch a musket away from one of the men. Lt. Loucks tried to stun him by striking him in the head two or three times with his saber. By so doing, he inadvertently gave the prearranged signal to fire. Six or eight shots were fired and Si-wau fell dead at the feet of the detachment. Esteen, who had been shot in the right arm, was taken to the post hospital for treatment, and Si-waus body was taken to the guard house. The detachment was dismissed and a picket guard posted

U.S. Congress, Senate, Letter of the Secretary of War, 41st Cong., 2ndSess., Exec. Doc. No. 67, March19, 1870, p.1.
18

17

Ibid., p. 6.

around the camp for the remainder of the night. About one hour later, shots were heard from the direction of the post traders store some 300 yards from the garrison. Running towards the sounds, Lt. Loucks discovered Leon Smith, partner of William King Lear the post trader, lying on the ground bleeding profusely. Still alive, he was taken to the post surgeon where examination revealed he had received fourteen gun shot wounds just below the heart and three in the left wrist. Smith died of his wounds at eleven that night. After reveille, the same morning, Lt. Loucks was again dispatched with twenty men to the Ranch under a flag of truce to demand that the murderer of Smith be surrendered by noon or the village would be bombarded by cannon. The chiefs refused the demand. Half the males of the Stikine tribe were armed with muskets and revolvers and indicated willing ness to use them. Lt. Borrowe polled his officers who voted unanimously to shell the village as a necessity to assure the future of the Fort. Two hours of grace were allowed beyond the noon deadline. When the murderer, Scutdor, did not appear, the troops opened fire with six pound solid shot on his house. Firing by musket and cannon were continued until dark. At daybreak on the 26th, the India opened fire on the garrison. Lt. Borrowe responded with cannister shot from the mountain howitzer and solid shot from the Fort.
The practice was excellent, considering that I have no breech sights for any of the guns at the post--notwithstanding that three requisitions had been made for the same- -and after four shells had been fired, two bursting immediately in front of the houses, and two solid shots just through the house of the principal chief, Shakes, a flag of truce was seen approaching the post, and firing on my part ceased.19

Chief Shakes stated he wanted to talk with the commander but Lt. Borrowe replied that talk was useless unless Scutdor was surrendered. Shortly thereafter, the chiefs approached the garrison with Scutdor. Just as the party left the settlement, a struggle took place and Scutdor escaped into the woods. The chiefs were advised at the conference that they must at once provide hostages and in the event that Scutdor was not surrendered by six the following evening, the entire settlement and its occupants would be destroyed. Later the same afternoon, the mother of the murderer and the ranking sub-chief of this tribe were brought to the garrison by the other chiefs and placed in the guard house. At nine that evening, Scutdor was surrendered to the Fort commander and the hostages released. The next morning, December 27th, Lt. Borrowe organized a tribunal to convene at noon on December 28th to try Scutdor for the murder of Leon Smith. The court consisted of Lt.

19

Ibid., p. 4.

William Borrowe, the officer having overall responsibility for the battle; Lt. M. R. Loucks, the officer who caused the death of Si-wau and precipitated the retaliatory death of Smith; Acting Assistant Surgeon H. M. Kirke, who had treated Esteen and Smith; and William K. Lear, post trader and partner of the victim Smith. The tribunal convened as scheduled. Lt. Borrowe stepped down as a member of the tribunal long enough to testify that Scutdor had confessed the killing of Smith to him on the night of December 27th. The accused was also identified by the five chiefs present as the one who shot Smith. It must be assumed that the defendant was found guilty although the record omits any reference to the findings of the tribunal; However, he was sentenced to be hanged at noon the following day before the troops, citizens and the five chiefs; and remain hanging until sundown.
The prisoner, upon hearing this, replied, very well; that he had killed a tyhee, and not a common man; that he would see Mr. Smith in the other world, and, as it were, explain to him how it all happened; that he did not intend to kill Mr. Leon Smith, particularly; had it been any one else it would have been all the same.20

H.M. Kirke, the post surgeon, wrote the finale to this episode in his report of December 29, 1869, to Lieutenant William Borrowe:
I have the honor to report as the result of the late Indian trouble: One (1)white man, Mr. Leon Smith, killed. One (1)Indian killed. One (1)white woman, company laundress, finger bitten off. One (1)Indian severely wounded, by gun-shot fracture of the right humerus, One (1)Indian hung. I am, sir, very respectfully, your obedient servant.21

The errors in judgment and law in the foregoing incident are multitudinous. The escalation of offenses, unfamiliarity with the blood feud system practiced by the natives, reprisal against the innocent, the biased composition of the military tribunal and lack of procedural guarantees of the rights of the accused are all important yet secondary to the principal error. The military had the authority to exercise control over the Indian tribes only in relation to offenses involving liquor. The Army executed a national of the United States while at that time having neither jurisdiction over the offense nor the accused.

Efforts to Enforce Liquor Laws

20

Ibid., p. 9. Ibid., p. 10.

21

During 1870, all military posts were closed with the exception of the headquarters at Sitka. Customs officers nevertheless proceeded to seize stills and locked up the offenders in the abandoned military stockades for a week or more before releasing them. On April 25th, Customs Collector William Kapus seized the still of Henry E. Cutter who was caught in the act of distilling liquor. Kapus reported his actions to the Secretary of the Treasury who advised on June 21st . . . in cases of the character reported, you would undoubtedly be justified in making seizures, but as the offenses were not properly infractions of the customs laws, you will exercise your own discretion as to the propriety of seizing in similar cases that may hereafter arise.22 It was three years after the Army assumed control of Alaska, before instructions were given for the disposition of civilian prisoners. On December 22, 1870, orders were issued by the Department of Columbia at Portland to alleviate this condition. Civilians were to be transferred, under military escort, to the commanding officer of Camp San Juan, Washington Territory for further transfer to the U.S. Marshal at Olympia. On July 17, 1872, these orders were modified. Due to the small garrison at San Juan, the Alaska commander was authorized to transfer his civilian prisoners directly to the Marshal at Olympia, Washington Territory. Two weeks later, such prisoners were ordered to be .transferred to the U.S. Marshal at Portland, Oregon. Terneta Savaloff was arrested by the military for introduction, distillation and disposition of liquor in Indian Country and transferred by order of Major H. A. Allen to the Marshal at Portland for trial. The grand jury at that location returned three indictments against Savaloff on November 11, 1872. The procedure for disposing of civilian prisoners was short-lived. On December 21, Major Allen was advised that Judge Mathew P. Deady, U. S. District Judge at Portland, had declined to hear the case ruling, on December 10th, that the court lacked jurisdiction over internal revenue offenses in Alaska. He held that the Act of 1834 regulating introduction of liquor into Indian Country had not been extended to Alaska.
The jurisdiction of this court over offenses committed in Alaska is conferred by section 7 of the act of July 27, 1868, and by such section confined to violations of that act, and of the laws relating to customs, commerce, and navigation, thereby extended over that Territory.23

In an effort to compensate for deficiencies in the law, the Commissioner of Internal

22

U. S. Congress, House, Alaska Seal-Fisheries, 44th Cong., 1st Sess., Exec. Doc. No. 43, January 5, 1876, p. 35. U.S. Congress, House, Jurisdiction of the War Department over the Territory of Alaska, 44th Cong., 1st Sess., Ex. Doc. No. 135, Feb., 21, 1876, p. 5.
23

Revenue declared on December 27, 1872, that thereafter Alaska would be considered as a part of the Oregon Customs District. Major Allen was instructed to refrain from making any arrests under the act of 1834 until further orders were received from Washington. He was authorized to accept prisoners from the Collector of Customs upon certification that the latter had no place for detention of persons arrested. As a consequence of Judge Deadys decision, Congress, on March 3, 1873, extended to Alaska the provisions of sections 20 and 21 of the Act of June 30, 1834, thus making it a crime against the United States to introduce, or dispose of spirituous liquors in Indian Country. By General Order Number 40 of May 16, 1874, the Adjutant Generals Office summarized the provisions of the treaty with Russia as well as the effect of recent legislation passed by Congress, and issued the brief order:
The commanding officer at Sitka, Alaska, will proceed against all persons violating sections 20 and 21 of the act of Congress approved June 30, 1834, by introducing any spiritous liquors or wines in the Territory of Alaska, as therein directed.24

General Jefferson Davis of the Department of Columbia echoed these orders in essentially the same form in his instructions to Sitka. The Attorney General rendered the opinion, on August 12, 1873, that the introduction of spiritous liquors into Alaska was prohibited by law except for table wines for personal use of the military; and that the War Department had exclusive jurisdiction in relation to enforcement of the Act of 1834 in Alaska or elsewhere. Again on November 13 of the same year, Attorney General George H. Williams declared:
My opinion, therefore, is, that, as to this matter, Alaska is to be regarded as Indian country, and that no spirituous liquors or wines can be introduced into the Territory without an order by the War Department for that purpose.25

Conflicting regulations, judicial decisions and acts of Congress continued to plague the War Department with the uncertainty of its authority to act on liquor violations in Alaska. Secretary of War W. W. Belknap queried the Attorney General regarding the authority of the War Department to permit the introduction of liquors or wines into Alaska which were not for the personal use of the troops. Attorney General Williams opinioned on June 3, 1874, that the Act of February 13, 1862

24

Ibid., p. 4. Ibid., Letter of George H. Williams to War Department, Nov. 13, 1873, p. 7.

25

vested in the War Department jurisdiction over all introduction of spirituous liquors into Indian Country and that subsequent acts made these laws applicable to Alaska. On August 17, 1874, Captain Joseph B. Campbell assumed command of the Alaska Military District from Captain G. B. Rodney. Rodney had served for four months since Major Allens departure on April 21st. Captain Campbell promptly dispatched Lieutenant Dyer and a detachment of troops to Fort Wrangell with orders to arrest anyone there engaged in selling intoxicating liquors. Lt. Dyer arrested John A. Carr, the Collector of Customs at Fort Wrangell, in September for violation of section 20 of the Indian intercourse act by introducing liquors into the country in July of that year without :the consent of the War Department. Lieutenant Dyer arrested four men, Wilson, Cutter, Curry and Waters for violation of the same act and all five men were delivered by mail steamer to Captain Campbell on October 24th at Sitka. They were placed in confinement, awaiting orders for disposition from the Commanding General. They were not dispatched to Oregon on the steamer of October 26th, because Lt. Dyer had forgotten to send the supporting statements with the prisoners. Captain Campbell detained them pending receipt of the affidavits for To send them to Portland without testimony would be equivalent to liberating them.26 Meanwhile, there had been a change in command of the Military District of Columbia. General Davis, who had been transferred to that post from Alaska the prior year, recommended to his successor on September 1 that an armed vessel be assigned to the commander of the troops in Alaska to maintain the peace. The same date, General O. O. Howard assumed command of the District which had been reduced to include only Alaska, Washington and Idaho. Captain Campbell was quick to determine the need of transportation other than the sporadic mail boat. On November 11th, he requested that a steam cutter be assigned to Alaska to interrupt the liquor traffic being conducted by the Indians in canoes passing within sight of the Fort at Sitka. Treasury Agent Henry W. Elliott was sent to Alaska in the summer of 1874 to investigate conditions in the Territory. In his report to the Secretary of Treasury on November 16th of that year, Elliott noted that the only remaining military post in Alaska was at Sitka. He recommended that all troops be immediately withdrawn for the honor of the Army, the welfare of the natives and curtailment of the expense of managing the Territory.
The history of the military occupation of this Territory, by our Government, although brief, reflects no honor upon the troops, and is a most unfortunate one for the natives with

U.S. Congress, Senate, Message from the President of the United States to the Senate, 44th Cong., 1st Sess., Ex. Doc. No. 33, Part 2, April 6, 1876, p. 3.

26

whom they came in contact. . . . .27

Elliott alleged that there were only two white civilians at Sitka and recommended the discontinuance of the monthly subsidized mail steamer between Portland, Oregon, and Sitka. His report also supported the requests by the military commanders for the urgent need for some means of transportation if the military government were to maintain order beyond the limits of the townsite of Sitka.
As matters now stand, the town-site of Sitka is the only place in the Territory where the merest shadow of ability exist on the part of the Government to sustain law and order, protect property, &c. The troops -there stationed are utterly helpless to do anything outside of their station, and what is more, the Indians know it and laugh at them when they are reproached and warned for misdemeanors. The collector of customs has a sailing cutter, which is of no earthly use, for she cannot be used in the intricate inside passages, where the principal body of natives live, and can at the best make a wide, shy visit to Kodiak or Ounalashka, or some such outside sea port, and then is at the mercy of the most fickle and uncertain weather for sailing, so that no calculation can be made upon her going or coming. (Appendix C).

In a letter of October 12, 1874, to Judge Deady, at Portland, Oregon, General Howard urged that the Oregon court did have jurisdiction over crimes and offenders in Alaska pursuant to section 8 of the Act of April 30, 1790 (1 Stat. 112). This section provided District Courts with jurisdiction over the offenses committed . . . out of jurisdiction of any particular State . . .28 Jurisdiction over the defendants was provided for by delivery of the accused to the territorial limits of the court. A writ of habeas corpus issued by Judge Deady was served on December 19th requiring Captain Campbell to deliver John Carr to the court at Portland. Carr and the other defendants were taken to Oregon on the next available mail steamer which departed Sitka December 24, 1874. On January 7, 1875, Judge Deady rendered his decision on the writ of habeas corpus regarding John Carr. He held that pursuant to the acts of June 30, 1834; July 27, 1868; and, March 3, 1873, Alaska had become Indian Country, in so far as the introduction of spirituous liquors was concerned. He further held that section 23 the Act of 1834 authorized the military forces to enforce said act; and, that the President had authorized the Army to make arrests in Alaska under sections 20 and 21. Also, Lieutenant Dyer acted with proper authority and effected a lawful arrest of the petitioner.
27

U.S. Congress, House, Report of the Secretary of War, 44th Cong., lstSess., Ex. Doc. No. 1, Sept. 1, 1875, p. 34.
28

Ibid, Letter of Brig. Gen. 0. 0. Howard to Judge Matthew P. Deady, Oct. 12, 1874,

p. 5

However, section 2151 of the Revised Statues provided that:

No person apprehended by military force under the preceding section (23) shall be detained longer than five days after arrest and before removal. All officers and soldiers who may have any such person in custody shall treat him with all the humanity which the circumstances will permit.29

Carr was detained in excess of five days, nearly ninety in fact, before any attempt was made for his removal to civil jurisdiction; and that only pursuant to a court order. Detention was held therefore to be unlawful and unauthorized. Judge Deady decreed that the petitioner Carr was entitled to discharge from custody as the evidence in support of the arrest was deemed inadequate. He further commented:
It is a mistake to suppose that the Territory of Alaska is under military rule any more than any other part of the country, except as to the introduction of spirituous liquors and the making of arrests for violations of sections 20 and 21 aforesaid, in which case they really act as civil officers and in subordination to the civil law.30

The respondent was granted permission of the court to amend the return on the warrant and introduce the affidavit of W. P. Wilson previously taken by Lieutenant Dyer at Fort Wrangell on September 24th. Therein, Wilson states that he paid $100 to Carr for his sanction as Collector of Customs in allowing the removal of liquor from the bonded warehouse at Wrangell. Carr cleared the shipment for Glenora Landing, British Columbia, although he was aware that Wilson intended to take it to his house for his own use. The court took judicial notice that the oath of Wilson had been duly administered in compliance with paragraph 1031 of the Army Regulations of 1861. It was held that the evidence was sufficient, bail was fixed at $2, 500 and Carr was held to answer to the charge. Captain Campbell did not fare as well in the case of Hugh Waters. This defendant was discharged from custody because he had been detained in excess of five days and in this case there was no supporting document to fail back upon to sustain the charge31. Waters subsequently sued Captain Campbell for unlawful detention and was awarded $3, 500 in damages by the jury.
Revised Statutes of the United States Passed at the First Session of the 43rd Congress 1873-1874 Washington Government Printing Office, 1878, p. 374. Ibid., Decision on habeas corpus in the United States District Court, District of Oregon, Hon. M. P. Deady, Judge, Thursday, Jan. 7, 1875, p. 3. The U. S. Supreme Court held in Waters vs. Campbell (Century Edition of the American Digest, Vol. 27, West Publishing Co., St. Paul, 1904, p. 2010), that a . . . person arrested for violation of Act of June 30, 1834" (introducing spirituous liquor into Indian Country) is not a military prisoner, but citizen charged with a non-military crime and must be removed for trial by civil authorities within five days of arrest and detention thereafter is unlawful.
31 30 29

The law became inoperative after this decision because it was impossible for the military commander to deliver offenders to civil authorities 1, 000 miles distant, with no means of transportation, other than the mail steamer, within five days. Special Treasury Agent William Morris spoke for most officers in Alaska when he stated:
(I)f I find it necessary ever in Alaska to take any responsibility for the preservation of life and property, or for the prevention of murder, rapine, or bloodshed, or wholesale Indian massacre, I am hereafter going to give Judge Deadys court a wide berth.32

General Schofield telegraphed the Adjutant General the same date, January 7th, 1875, asking for legislation to enable the Army to enforce sections 20 and 21 of the act without imposing the restrictions of five days after delivery of prisoners to Oregon (Appendix D). Assistant Adjutant-General H. Clay Wood responded by revoking all existing permits for introduction of liquor into Alaska. These orders were issued to the commander of the Alaska forces by General Order Number 2 of the Department of Columbia, Portland, Oregon, dated January 21, 1875. On February 22, 1875, Captain Campbell was authorized to release on bail all prisoners being held for violation of the liquor laws of Congress as there was little merit in transporting them to the Oregon courts which would discharge the defendants and render pecuniary judgment against the military officer ordering the arrest (Appendix E). This order arrived too late for some of the prisoners. Of the six civil prisoners detained since June of 1874, two had died in custody while awaiting a determination by the authorities concerning the proper method of bringing them to trial. Searching for a solution, General Howard of the Department of Columbia, noted that on September 6, 1867, General Halleck had advised the prospective commander of Alaska to serve as ex-officio Indian Agent. On March 9th of 1875, General Howard asked the Adjutant-General to secure sanction for this decision from the Secretary of the Interior. On May 5th, the Adjutant-General offered the opinion to the Secretary of the Interior that the President had the authority to direct the military commandant in Alaska to execute the duties of Indian Agent. On May 14th, the Secretary replied:
In view of the Attorney-Generals opinion, of the 5th instant, and of the anomalous condition of the inhabitant of the Aleutian Islands, this Department is of the opinion that the War Department may properly detail an Army officer to exercise such powers and duties in controlling said inhabitants, and in providing for their wants, morally, intellectually, and physically, as in the judgment of the War Department may be deemed necessary and this Department has no objection to conferring upon an officer so detailed the powers herein indicated, but, on the contrary, desires the War Department to take such

32

Brooks, Alfred H., Blazing Alaskas Trails, University of Alaska, College, 1953, p.

502.

action.33

Thereafter, on May 18th, by direction of the President, the Secretary of War appointed the commanding officer of troops in Alaska " . . to execute the duties of Indian agent in controlling the intercourse with the Indians in Alaska, including the Aleutian Islands, and to act ex-officio as Indian agent over the tribes in said Territory.34 General 0. 0. Howard, as Commanding General of the Department of Columbia, journeyed to Alaska in June of 1875 on an inspection tour. He held hearings at the house of M. P. Berry, the Collector of Customs, on conditions in Alaska. His report to the Secretary of War is a plea for civil government for Alaska.
The complaints did not prove to be of much importance; certainly not very grievous. To remedy the real ills of the complainants, most of whom are indigent people, I advised Major Campbell to introduce a few police regulations, establish a general hospital, and raise a small revenue, just sufficient to meet the necessities, and detail one of his humane officers to act in the capacity of a police judge. I did not order these things, because, as military commander, I wished to assume no doubtful powers, but am confident that the law under which Major Campbell will exercise jurisdiction as Indian agent, in an Indian country, will warrant his doing everything that humanity requires for the relief of a community, thus far, suffering from being within the limits of the United States, and yet absolutely without law. The instructions from General Halleck, and transmitted from one commanding officer to another, did imply that the military government should be extended to the Alaskan people till Congress should otherwise provide; but the late decision of the Hon. Judge Deady, United States district court, limiting military jurisdiction to the execution of the liquor law, makes it necessary to be exceedingly cautious. I wish to renew my earnest recommendation that, by proper and speedy legislation, Alaska be attached as a county to Washington Territory, or in some other way be furnished with such a government as the treaty with Russia, in the transfer, plainly contemplated. Good civil government, as well as religious and secular teaching, is nowhere in heathendom more needed than in Alaska; and yet up to the present there is none.35

By General Order Number 96 of July 12, 1875, Captain Campbell announced his assumption of duties as Indian Agent, published sections of the Revised Statutes of the United States relative to trade and intercourse with Indians and declared that a bond of $5, 000 would be

U.. S. Congress, House, Jurisdiction of the War Department over the Territory of Alaska, 44th Cong., 1st Sess., Ex. Doc. No. 135, Feb. 21, 1876 (Brief), p. 7.
34

33

Ibid.

U. S. Congress, Senate, Report of Brig. Gen. 0. 0. Howard, Commanding General of the Department of Columbia, relative to his inspection tour of Alaska in June, 1875 Portland, Ore., 44th Cong., 1st Sess., Ex. Doc. No. 12, June 30, 1875, pp. 4, 5, and 6.

35

required of all persons trading in the Territory to assure . . faithful observance of all laws and regulations made for the government of trade and intercourse with Indians in Alaska.36 The Board of Trade of Portland, Oregon, protested the provisions requiring a bond as unlawful restraint of trade. The Commissioner of Indian Affairs concurred by declaring that Captain Campbell, as Indian Agent, lacked general jurisdiction over civil matters and was only authorized to enforce the provisions of sections 20 and 21 of the Indian Intercourse Act. The Judge-Advocate of the Department of California concurred in this view and emphasized that Alaska was Indian Country only in so far as the introduction of liquor was concerned. To clarify the issue, General Howard ordered his adjutant generals office to research the question. After diligent search of the records, the judge advocate held that Captain Campbells order requiring the bond was legal; yet recommended it be revoked. Frustrated by these opposing opinions from legal offices of the military. General Schofield referred the matter to Washington and commented:
I do not think it incumbent upon me to even express an opinion upon this subject; but I have no hesitation in recommending that Congress provide by law for the Territory of Alaska a government suited to its conditions.37

In retrospect, it appears strange that this concept was not proposed some eight years previously.38 As the matter was further studied by the Adjutant-Generals Office, further complications arose. Section 4 of the Act of July 27, 1868, invested authority in the President to regulate the introduction of arms and liquor into Alaska. This section was modified by the Act of March 3, 1873, which granted to the War Department exclusive authority to control liquor traffic in Alaska. However, the compilation of the Revised Statutes accepted by Congress, while including the section granting such authority to the President, omitted the repealing section transferring authority to the War Department. Whether this was a publishing error or the actual intent of Congress was an academic question only; the Revised Statues were the law. The initial ramification of this disclosure was that the War Department, in fact, lacked legal authority to enforce sections 20 and 21 of the Indian Intercourse Act.
36

U. S. Congress, Senate, Letter from the Secretary of the treasury to the Senate, 44th Cong., lst Sess., Ex. Doc. No. 37, Mar. 20, 1876, p. 7. U. S. Congress, House, Jurisdiction of the War Department over the Territory of Alaska, 44th Cong., 1st Sess., Ex. Doc. No. 135, Feb. 21, 1876, p. 8. At the time of acquisition of Alaska, there were provisions for civil government in the Territories of Arizona, Colorado, Dakota, Idaho, Montana, New Mexico, Utah, Washington and Wyoming. Yet, none of these were to be used as a model for providing a government for Alaska.
38 37

Senator Sargent of California offered a solution to this dilemma by introducing the Act of March 3, 1873, withdrawing the extension of these sections to Alaska. Again on September 1st, 1875, General Howard urged the Secretary of War to press for provisions of civil government in Alaska.
Alaska matters I have just reported upon separately, and renew my recommendation- -that the special attention of Congress be called to the present anomalous condition of that Territory, which, under recent decisions, is nearly without law, unless it be governed by an Indian agent as Indian country. This kind of government is better than none, but it irritates those who believe themselves entitled to the same rights and privileges as citizens of other neighboring Territories. To preserve the peace between the Indians, and whites, and establish police regulations necessary to render existence in Alaska tolerable, can be easily done by the Army, but the authority itself is called in question by the United States district court. If the Army should govern the Territory, Congress must make it clearly its duty and give the necessary powers; if not, then surely civil government-by attaching Alaska to Washington Territory as a county, as the simplest solution of all difficulties in the case.39

A United States Senate resolution of January 7, 1876, directed the Secretary of War to provide a report on the arrests by the military in Alaska during the prior five years. On January 20th, Captain Campbell submitted a report covering military arrests for the period December 1872 through December 1875 (Appendix F). The 148 civilians arrested served 3, 184 days in confinement for the following offenses:: Violation of civil law crimes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Violation of Army regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Violation of liquor laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No charges filed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 11 22 55

Of the foregoing, the Army had legal authority only over the laws relating to liquor; and even the validity of this was a subject of conjecture. The Constitutional guarantees of due process were denied to the remainder- -85% of all white civilians arrested. The 175 Indians were detained for 1, 312 days and did not fare much better: Civil offenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Violation of Army regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Held as witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 No charge filed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123

U. S. Congress, House, Report of the Secretary of War, 44th Cong., lst Sess., Ex. Doc. No. 1, Sept. 1, 1875, p. 126.

39

None of these arrests were sanctioned by law. Captain Campbell closed his report with a note of futility.
The commanding officer of Sitka is ordered by the War Department and the headquarters department of Columbia, to proceed against persons violating the liquor-laws of Congress. The commanding officer has no judicial power, and instructions as to what was meant by proceeding against people were never received, although repeatedly asked for. In a personal interview with Brevet Major-General Davis, then commanding Department of Columbia, in August, 1874, while on his way here, the undersigned was told by him of the citizen prisoners being then in confinement at Alaska. He was told, when he stated that he, the undersigned, would at once send them before Oregon courts, that he could not do so, as the Oregon and United States courts for Oregon denied jurisdiction. You must proceed against them were the words, but no explanation was vouchsafed.40

Senate Bill 67 was introduced in February of 1876 to provide for the attachment of Alaska to the Territory of Washington as a county and provide for a civil government. One sheriff to be stationed at Sitka was suggested as an adequate provision for enforcement of the law for this county consisting of 3, 000 miles of coast line and a land mass two-fifths the size of the United States.

Is Alaska Indian Country?

In an effort to resolve the nebulous status of Army troops in Alaska, the Secretary of War directed the Adjutant-General to prepare a brief relative to the Status of Alaska and the jurisdiction of the War Department over that Territory. On February 4, 1876, this document was completed. It dealt primarily with tracing the various executive orders, laws, opinions and treaties in relation to firearms, liquor and Indian agents in Alaska. These issues were relegated to the periphery of the controversy by the emergence of the fundamental question; was Alaska, in fact, Indian country? The source of the United States Statutes dealing with this subject, is a proclamation of King Edward of England in 1763.
We do further declare it to be our royal will and pleasure, for the present, as aforesaid, to reserve, under our sovereignty, protection, and dominion, for the use of the said Indians, all the lands and territories lying to the westward of the sources of the rivers which fall into the sea from the west and northwest, as aforesaid; and we do hereby strictly forbid, on pain

U.S. Congress, Senate, Message from the President of the United States, 44th Cong., 1st Sess., Ex. Doc. No. 33, Part 2, Apr. 6, 1876, p. 3.

40

of our displeasure, all our loving subjects from making any purchases or settlements whatever, or taking possession of any of the lands above reserved, without our special leave and license for that purpose first ascertained.41

The Indian-intercourse act of 1802 provided for (1) the establishment of distinct boundary lines pursuant to existing treaties between the United States and the various Indian tribes; (2) variation of boundaries as required by future treaties; and(3) authorization for the President to regulate selling or distribution of spirituous liquors among the Indian tribes. In January of 1832, Chief Justice Marshall of the U.S. Supreme Court in the case of Worcester vs. The State of George (6 Peters, 557) reaffirmed the policy of the government to treat the Indians as nations.
All these acts, and especially that of 1802, which is still in force, manifestly consider the several Indian nations as distinct political communities, having territorial boundaries within which their authority is exclusive, and having a right to all the lands within those boundaries, which is not only acknowledged but guaranteed by the United States.42

The Indian Intercourse Act of 1834 defined Indian Country in the section beyond the Mississippi River as all that part of the United States west of the Mississippi, and not within the States of Missouri and Louisiana or Territory of Arkansas.43 For procedural purposes, the southern part of this section was annexed to the Territory of Arkansas and described as extending to the Mexican possession on the West. The northern section was affixed to the judicial district of Missouri but no northern limits to this territory were established. The assumption was that more precise boundaries would be proclaimed by future legislation as the need arose. This proved to be a false assumption, however, as no further general definition of Indian Country was provided. Provisions of the Indian Intercourse Act of 1834 were extended over the Indian tribes in the Territories of Oregon, New Mexico and Utah by the acts of June 5, 1850 and February 27, 1851. These were considered declaratory enactments because the Territories were part of the United States west of the Mississippi, and as such ipso facto came under the provisions of the act of 1834. The act of March 3, 1873, differed in that it extended only sections 20 and 21 of said act to Alaska and such extension was over the Territory rather than over the Indian tribes in the Territory. Hence, Alaska, en toto, was actually Indian Country.
U.S. Congress, House, Jurisdiction of the War Department over the Territory of Alaska, 44th Cong., 1st Sess., Ex. Doc. No. 135, Feb. 21, 1876, p. 10.
42 41

Ibid., p. 10. Ibid., p. 11.

43

Thus, in February of 1876, the Adjutant-General advised the Secretary of War that, in his opinion, (1) the military commander had the power to regulate fire-arms and ammunition in Alaska although it would be more regular if the restrictions were imposed by the President. (2) The War Department had authority to issue permits for the introduction of liquor into Alaska. (3) The commanding officer at Sitka could legally perform the functions of Indian Agent. (4) The commanding officer at Sitka had the authority either as Indian Agent or as commander of troops to enforce sections 20 and 21 of the Act of 1834. (5) Alaska was 1lndian Country? only for purposes of the last mentioned act in relation to introduction of spirituous liquors into Alaska. In his annual report of September 1, 1876, General Howard noted that Congress had adjourned without taking any action regarding provisions for civil government in Alaska. As an expedient, he recommended that one or two United States Commissioners and United States Marshals be sent to reside in the Territory and they be provided with a gunboat for support.
When Alaska shall have some established and recognized civil government, even if it is not very complete in officials, it will be a great relief to the officers of the Army in charge at Sitka and Wrangell, for they are denied the jurisdiction for an ordinary police, on the one hand, and held responsible for order and enforcement of law on the other.44

The strength of the Alaska military force was reduced from three companies to two with the withdrawal of Company B of the 21st Infantry from Fort Wrangell in November of l87645. Company A of the 4th Artillery at Sitka was reassigned to Fort Wrangell leaving but one company at Sitka. By March of 1877, the Alaska Military District consisted of 73 men at Sitka and 35 at Fort Wrangell. The citizens of Wrangell sent a memorial to Congress on the 8th of the month protesting the lack of provisions for the administration of justice in Alaska. They suggested the creation of tribunals having civil and criminal jurisdiction and the appointment of two justices of the peace having jurisdiction in matters involving $500 or less. Under the guise of needing troops to quell an Indian uprising in Idaho, the Secretary of War abandoned Alaska by ordering on April 10, 1877, the withdrawal of all troops. General Order Number 1 issued April 23, 1877, by the commander of the Military Division of the Pacific advised the commanding officer at Sitka that " . . all control of the military department over affairs in Alaska will cease.46 Major Campbell transferred the government buildings at Sitka to Collector M. P. Berry
44

Ibid., p. 89.

Fort Wrangell had been re-established on August 1, 1875 as a result of the discovery of gold up the Stikine River, and in anticipation of trouble between the miners and Indians. U. S. Congress, House, Report of the Secretary of War, 45th Cong., 2nd Sess., Ex. Doc. No. 1, 1877, p. 580.
46

45

of the Treasury Department and evacuated the post on June 15th. Fort Wrangell was closed the following day and Companies A, Q and M of the 4th Artillery departed Alaska by mail steamer en route to new duty stations respectively at Fort Townsend and Fort Canby in Washington; and, Fort Stevens in Oregon. Speaking of the decade of Army occupation of Alaska, Governor A. P. Swineford commented:
The military authority was supreme over all, and the magistrate who sentenced a convicted person to jail was just as apt the next day to find himself an inmate of the military prison, or perhaps sawing wood under guard, or performing some menial office, in pursuance of sentence passed upon him by the commanding officer. Husbands and fathers were dragged from their fireside by dissolute wretches who disgraced the uniform that Grant and Sherman wore, and for no offense whatever, incarcerated in guardhouse cells solely that their homes might be the more easily and safely invaded and defiled. Men who had committed no crime were arrested and imprisoned . . . without form of law or trial.47

Swineford, A. P. Alaska, History, Climate and Natural Resources, Rand, McNally and Co., Chicago, 1898, p. 65.

47

CHAPTER II THE ABANDONMENT OF ALASKA JUNE 16, 1877, THROUGH JUNE 13, 1879

Revenue Cutter Not Sent To Sitka

Collector of Customs M. P. Berry was now the only representative of the government to be found in Alaska exclusive of the revenue officers on the seal islands. Assurances had been made that the Revenue Marine Service would assign a steam cutter to Alaska to assist the collector in the performance of his duties. The cutter Richard Rush touched briefly at Sitka on May 19 of 1877 en route to the seal islands and was not seen again. The Collector and inhabitants of Sitka waited in vain for the arrival of another cutter until it became apparent that the Rush was the vessel assigned to Alaska; and it stationed in the Bering Sea 2, 000 miles distant. Berry departed Sitka on July 13th for Victoria for medical treatment. On the same mail steamer, he forwarded his report to Treasury Agent Morris, his superior, at Port Townsend, Washington, expressing concern over conditions since the Army withdrawal.
I have the best of reasons for believing, that if there is not a vessel dispatched at a very early day to this port this people (will) have been handed over bodily for slaughter to the Indians.48

Morris promptly responded on July 24th by requesting the assistance of Captain James M. Selden, U. S. Revenue Marine Service, commanding the steamer Oliver Wolcott at Seattle, Washington. Captain Selden advised the same day that his vessel was being repaired and would not be available before August 15th. The next day he reported to Morris that his vessel was not suited to Alaskan waters because it was too small to carry sufficient coal to make the journey, or to quarter men and provisions, and that the auxiliary boats belonging to the vessel,
. . are old and (have) seen much service, and are not considered safe for rough weather. The dinghy and second cutter especially will not hold together much longer, as the wood

U.S. Congress, Senate, Report upon the Customs District, Public Service, and resources of Alaska Territory; William Gouverneur Morris, Special Agent of the Treasury Department, 45th Cong., 3rd Sess., Ex. Doc. No. 59, Jan. 7, 1879, p. 24.

48

will not hold the fastenings at present.49

After further inspection of the vessel, he decided it would not be available for sea duty in any event prior to September 1st. On July 26th, Berry, in response to a telegram from the Secretary of the Treasury, wired from Victoria that, in his opinion, the people of Sitka would be massacred if an armed vessel were not dispatched without delay. Morris conferred with Berry and submitted his report from Victoria on July 28th to John Sherman, Secretary of the Treasury.
. Major Berry says the destinies of the whole town are in the hands of a single chief, who, if he says kill, not a white man will be left alive. I cannot speak from my own personal observation, but for three years past I have given this northwest coast patient study and investigation. It is my firm conviction the department does not realize the situation, and the sooner it recognizes fully the importance, condition, and responsibility of the legacy bequeathed to it by the War Department, so much the sooner will it become convinced of what is requisite to be done, and that speedily. Some sort of government must be had; and as, to my mind, the Treasury being the most proper bureau for its administration, should at once enter upon the task and evolve some kind of order out of this impending trouble and present chaos.50

Morris was sent to Alaska aboard a revenue cutter on August 4th and encountered no uprising at the time but made note of conditions there in his report. The greatest threat to the peace and security of the inhabitants was from Father Duncan, an Episcopal minister-missionary in British Columbia who,
(R)uns a sort of independent diocese of his own at Metlacatlah. He is civil magistrate, Indian agent, trader and justice of the peace.51

Morris charged Father Duncan was in the business of sending blankets, silk, ammunition, guns and molasses to the Chilkat country (Haines) for trade with the Indians.52 Commenting on the lot of a Collector of Customs in Alaska, he said,
A residence in this Territory at present is a banishment from all the refining influences of

49

Ibid., p. 29. Ibid., p. 31. Ibid., p. 31.

50

51

Father Duncan was to be rewarded ten years later for his contributions to the development of the Alaska judicial system by Governor Swineford who appointed him as a magistrate.

52

civilized life, and especially at the western ports amounts almost to a condition of servitude. Men in the search of gold will brave any danger and submit to any hardship, but for the meager salary paid a customs official, it does not warrant the exposure to the vicissitudes of the elements or the pleasant prospect at times of being scalped by savage tribes.53

Since the withdrawal of permits for importation of liquor into Alaska by the War Department in 1875 none had been issued. The Treasury Department was charged with enforcement of liquor laws yet the restrictions on introduction of liquor still were the province of the Commanding General at Portland who was indisposed to grant permits. Morris also had something to say about this situation.
Alaska is not a penal colony and because one lives in that country it is no reason he should be punished and deprived of the comforts or necessities of life. It may seem paradoxical to classify spiritous liquor as necessary to a man s existence; but it is sometimes so as a medicinal remedy. As for comfort, let one sojourn for any length of time in that humid climate, and if his bones all the way up to his throat dont ache to distraction for a drink I am no judge of human nature. As matters now stand, not a drop of liquor or wine can be imported into Alaska for culinary, table, or medicinal purposes.54

There were those who suggested a solution, not by liberalizing the liquor laws, but by designating Alaska as a penal colony for prisoners of the United States. The model for this proposal was the British exile of prisoners to the island of Tasmania off the southern coast of Australia. Reports of the deprivation, adverse climatic conditions and isolation of the Territory service to establish its credentials as the closest thing to Purgatory on this planet. Charles Nordhoff, New York writer and proponent of this philosophy, suggested the entire Territory be designated as a penal colony under the absolute command of West Point Army officers.
Two important points would be secured by establishing a penal colony in Alaska or elsewhere; First, society would rid itself, by a natural and proper method, of the human beasts who prey upon it, and threaten its security. It would say to the burglar, the robber, the confirmed thief, --you are no longer worthy to live among us; go into exile - -And, secondly, we should provide a future and open a career in a new land to such of the convicts as choose to reform and live honest lives. With childrens aid societies to rescue the young from vice and crime, and deport our homeless children to the Western prairies, and with penal servitude in distant Alaska for the convicted criminal, we might hope to really and considerably decrease our criminal

53

Ibid., p. 41. Ibid., p. 59.

54

population.55

Nordhoffs prescription for advancement of the American culture found few followers and the idea of creating an Alaska Penal Colony soon disappeared from serious consideration. On the 13th of October, 1877, Indians at Sitka tore down four fifths of the stockade surrounding the former military post while 60 to 70 of their armed comrades, from vantage points in the bushes, prevented intervention by the white men. As these buildings were then being utilized as headquarters for the Collector of Customs, some apprehension was expressed for his safety. Henry C. De Ahna, who replaced Major Berry, complained to the Treasury Department on November 4th,
The state of things in Sitka is just as bad and disgraceful a state as can be imagined; there is no law or order of any kind, and no means to enforce either. In the town other house is a clandestine distillery; and in the Indian village every habitation is one. The prohibition of liquor importation into Alaska has no other result, so far, but that of changing drunkards of the ordinary stamp, Indians as well as whites and half-breeds, into actual raving maniacs. Their home manufactured liquor (ouchenue) is almost equal to rank poison, and much worse in its effects than would be produced by the drinking of high wines direct and hot from the mouth of the still.56

De Ahnas suggestion for solution of the problems, was, after only one day on duty, to abolish the customs district and withdraw the collectors to the United States. In January of 1878, the Secretary of Treasury made such a proposal to Congress by recommending the closure of the port of entry at Sitka and eliminating Alaska as a customs district. Upon learning of this, Morris urged the Secretary to press for more government, not less, as a means of coping with this enigma, Alaska. He caustically remarked,
This political gasconade, De Ahna, puffed up with his own swelling self-conceit, knows as much about the collection of revenue in the district of Alaska as Sitting Bull does about the Sermon on the Mount.57

To deputy collector Isaac Dennis at Wrangell, Morris wrote on January 26th, 1878:
Congress has been appealed to, time and again, to enact suitable legislation for the government of your Territory, and has neglected to frame suitable laws. You are living

Nordhoff, Charles, 1Harpers New Monthly Magazine, What Shall We Do With Scroggs?, Vol. XLVII, Jun-Nov., 1873, Harper and Brothers, New York, p. 44. U. S. Congress, Senate, Letter from the Secretary of the Treasury, 46th Cong., 2nd Sess., Ex. Doc. No. 192, May 27, 1880, p. 2. U. S. Congress, Senate, Report Upon the Customs District, Public Service, and resources of Alaska Territory; William Gouverneur Morris, Special Agent of the Treasury Department, 45th Cong., 3rd Sess., Ex. Doc. No. 59, Jan. 7, 1879, p. 24.
57 56

55

in a state of chaos, and under all the circumstances, I presume frequently for the safety of your own lives, are compelled to make laws for yourselves. It was different when Alaska was under the control of the War Department, for its officers are authorized to perform many acts which are not delegated to a mere civilian.58

Taking the subtle cue from Morris, Dennis reported one month later that he had instituted an ad hoc system for the administration of justice. He hired Indian policemen to assist him in locating and destroying stills. These pseudo-officers would then take the offenders into custody and bring them before Dennis acting as magistrate. As he had no means of detaining any prisoners, the sentence imposed was a fine which was turned over to the mission school at that location. However, by playing the role of the Great White Father, Dennis soon found himself acting as arbitrator in all disputes including those of the miners up the Stikine River.

Collector of Customs Resigns

In frustration and despair, Dennis submitted his resignation in June in which he describes the futility of the situation brought about by Congressional apathy and Departmental neglect (Appendix G). In a personal letter to Morris accompanying the resignation, he described recent difficulty he was having with the Indians. Every Indian in the village with a canoe had been engaged to transport goods to miners up the Stikine River. Seizing on the opportunities afforded, they collectively struck for higher wages:
I believe I have had before me all the Indians in Alaska during the past thirty days. The crews of the canoes refused to return and carry through their loads, and I had to make them do it. To accomplish this, I made threats of what would be done with them if they did not do as I say. I became so- mad and disgusted that I came near killing two or three Indians. On top of this trouble came a fight among the Hootzenoo Indians here--friends of mine. (?) Complaints were made, and I settled the difficulty by telling them to go to _________ and that if they kicked up any further disturbance I would hang the ringleaders. So much for the Indians. I am sick and tired of having their troubles come before me, and I want to get away.59

Deputy collector Alexander Millitich was transferred from Fort Tongass to replace Dennis and the customs office at that point was closed. The Alaska Customs District had not been inspected by a Customs agent since that of

58

Ibid., p. 8.

U. S. Congress, House, Seal and Salmon Fisheries and General Resources of Alaska, 55th Cong., 1st Sess., Ex. Doc. No. 92, Part 4, 1898, p. 124.

59

Colonel Frank N. Wicker in the summer of 1869; nine years previously. Hence, it is small wonder routine problems became magnified through lack of attention by the Treasury Department. Deputy Collectors were authorized compensation in the amount of $1, 200 per annum. Yet of the five officers on duty in Alaska on August 9, 2878, all were at least nine months arrears in receiving their salaries, and one deputy collector had not been paid since December of 1876; over one and a half years. The total salaries paid to customs officers in Alaska during 1878 was $7, 672; small compensation for performing the hazardous tasks described by Dennis and others in that legal vacuum.60 Quarrels between the white man and Indian continued unabated. One conflict at Hot Springs, near Sitka, in November of 1878 resulted in the murder of a white man named Brown by a Kaksatis Indian, Kot-ko-wot. He was arrested by Chief Annahootz, who worked for the Collector of Customs as an itinerant policeman in combating the liquor traffic, and delivered to the guardhouse at Sitka. On November 12th, Morris reported on affairs in Alaska:
Alaska is the paradise of the dishonest debtor, for there is no law of any kind throughout the land for the collection of debts. One great trouble in enforcing the revenue laws properly in Alaska and maintaining order is the insecurity of the term of public officials. No sooner has a man mastered our intricate customs revenue system, or at least become tolerably conversant with its practical workings and numerous contradictions, then he is supplanted, made to walk the plank, and politely invited to step out and make room for his successor . . . the collector of customs and his deputies as matters now stand, are the only semblance or, really the de facto law in the Territory. A man may be murdered in Alaska, his will forged, and his estate scattered to the four corners of the earth, and there is no power in a court of chancery to redress it. No redress but the shotgun and pistol. It requires no argument from me to urge a change of affairs in this respect.61

Indian Uprising

The only legislation passed by Congress that year affecting Alaska was the Posse Comitatus Act of June 18, 1878. This act made it unlawful to employ any part of the Army to enforce civil law. It was assumed that, after the Indian uprisings had been quelled, troops would return to Alaska and the War Department would resume control. Therefore, section 15 was added to specifically exempt Alaska from these provisions.
61

60

Ibid., pp. 122, 123.

On December 29th, five Indians were lost at sea from the schooner San Diego. Chief Katlan called on Colonel Ball in February of 1879, and demanded payment for the deceased members of his tribe. In denying the request, Ball stated he lacked the means, authority or responsibility to satisfy those demands. Chief Katlan protested stating that, if he did not receive blankets in payment for the lost Indians, he would kill five white men in exchange. Ball issued government rifles from Priest Metroposlkys house where they had been stored since the withdrawal of the Army. Pandemonium reigned at the Ranch on February 6th and an attack was launched against the guardhouse in an attempt to release the prisoners. Chief Annahootz and other Indian policemen were able to ward off the assault and retain custody of the prisoners. The next day, the white citizens of Sitka formed a militia under Colonel Ball and maintained guard over the town and stockade around the clock for three days. On February 9th, the mail steamer California arrived in port. A citizens committee was discussing an appeal to the English for assistance when Mr. Hughes, an officer of the vessel, chanced upon the meeting and agreed to draft the petition. Colonel Ball declined to sign the petition, saying:
I think the danger is imminent, but I cannot conscientiously sign it, as I am a government officer, holding an official position, and if I made an appeal it would be my duty to do so to my own country.62

The prisoners were transferred to the steamer the same date. The next day, the California departed for Portland with the prisoners and witnesses to appear before the United States District Court for Oregon. The vessel also carried the petition from the residents of Sitka to the British Naval Station at Esquimault, British Columbia, pleading for assistance in warding off the anticipated Kolosh uprising. Wives and families were sent to Wrangell and Portland to be out of danger.

British Royal Navy Restores Peace

This plea was responded to by Captain H. Holmes ACourt, commanding Her Majestys Ship, the Osprey; a man-of-war vessel, part of the fleet of the British Royal Navy. Captain A Court proceeded to Sitka, without awaiting approval, arriving there on March 1 st.

U.S. Congress, Senate, Affairs in Alaska; Reports of Commander L. A. Beardslee, Commanding United States Ship :Jamestown, from June 15, 1879 to January 22, 1889, 46th Cong., 2nd Sess., Ex. Doc, No. 105, 1889, p. 6.

62

The arrival of the Osprey was hailed with enthusiasm., and all were loud in their praise of the kind and heroic conduct of the English officers. Immediately after her arrival, and as soon as it was learned by the citizens that Captain ACourt had said he would remain until relieved by an American vessel, they commenced returning to their homes, and, by night, Sitka had regained its former tranquility.63

Revenue Marine Service Assumes Control

The revenue cutter Oliver Wolcott under the command of Captain Selden finally reached Alaska waters from Port Townsend by docking at Sitka on March 22nd. If possible, the Wolcott was even less sea-worthy than she had been two years previously. As she only carried a light gun and a crew of 36 men, the Wolcott did not pose much of a deterrent threat to the natives. In fact, the Indians stood on the wharf laughing at the vessel and joking about their anticipated violence once the Osprey sailed. They displayed an awesome respect for the British vessel which they described as skookum (powerful). Captain ACourt took one look at the sick cutter, surveyed the conditions in town and decided to remain in command of the situation as an utmost necessity for protection of the lives of the inhabitants. The U. S. Steamer Alaska of the Revenue Marine Service, arrived at Sitka on April 3rd and the Osprey departed the same date for her station at Esquimault followed in a few days by the Wolcott. Captain ACourt carried a petition from Sitka which was telegraphed to the President of the United States upon arrival at Esquimault.
In behalf of 300 residents of this city, we ask protection for our lives. When the ship Alaska leaves us we will be helpless. The Indians are ready now to attack, and may as soon as she goes; the danger is immediate.64

In his report, Captain ACourt stated:

In conclusion, I beg to state that I feel certain that the presence of the Oliver Wolcott and this ship has averted a serious calamity, and it is my firm conviction that nothing but permanent protection, and some sort of government having authority, will enable the white people to live here without molestation from the Indians, to carry on their trade and develop the resources of the country; and if I may venture to do so, without being considered presumptuous, I would suggest that the protection should take the form of a man-of-war, in preference to troops (although they might be combined with advantage),

63

Ibid., p. 6.

U. S. Congress, Senate, Reports of Captain L. A. Beardslee, U. S. Navy, Relative to Affairs in Alaska, and the Operations of the U.S.S. Jamestown, Under His Command, While in the Waters of That Territory, 47th Cong., 1st Sess., Ex. Doc. No. 71, 1882, p. 15.

64

as, being movable, a ship could, at various times, visit the numerous tribes and villages scattered along the coast, and also be usefully employed in surveying the inner channels, of which little is known at present.65

Washington officials took note of the fact that American citizens on United States soil felt compelled by the exigencies of the situation, and a lack of confidence in their own government, to call upon a foreign power for protection. The fact that the British could effectively employ their power half way around the earth on short notice, did not go unnoticed. In response to the urgent need to provide peace and order, the desire to save face internationally and the sound recommendations of Captain ACourt and others, it was decided to dispatch the U.S. Navy to Alaska until some form of civil government could be established by Congress. Little realizing that he was committing the Navy to five years of rule in Alaska, Secretary of the Navy, William H._ Hunt, ordered the United States Ship Jamestown to temporary duty at Sitka on May 8, 1879. His instructions to Lieutenant L. A. Beardslee, the vessels commander, constituted the legal basis for the operations of the Navy in Alaska.
As soon as the Jamestown, under your command, is in all respects ready for sea, you will proceed with her to Sitka, Alaska, and relieve the U.S.S. Alaska at that place, and remain there until further orders. You will communicate with the department from time to time, as opportunity offers, as to affairs in that Territory, looking out for the interests of citizens of the United States and rendering them such protection as may be required.66

65

Ibid., p. 15.

U.S. Congress, House, Correspondence with U.S. Naval Officers in Alaska, 47th Cong., 2nd Sess., Ex. Doc. No. 17, Dec. 11, 1882, p. 5.

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CHAPTER III MILITARY GOVERNMENT BY THE NAVY JUNE 14, 1879 THROUGH SEPTEMBER 14, 1884

Lieutenant Beardslees Police Force

The arrival of the Jamestown at Sitka on June 14th of 1879, ushered in the Naval rule of Alaska.
The problem presented to me was how to govern a mixed community of whites and Indians with no code of laws but the Revised Statues of the United States, the United States Naval Regulations, and the treaty with Russia. I was fully cognizant of the fact that neither my commission nor my instructions, broad as were the latter, conferred upon me lawful power to make an arrest of a citizen, or inflict a punishment; yet I was equally certain that unless I did assume the responsibility of doing both, the presence of the Jamestown at Sitka would have been comparatively profitless, for among both the whites and Indians there were men who were dangerous to the rest of the community and who it was necessary to control by force, and we alone had that.67

Lt. Beardslees first act was to assist the customs collector in the prevention of liquor smuggling. One officer .and four enlisted men from the vessel were sworn in as deputy collectors by Ball. Raids were made on vessels in the harbor and a quantity of liquor seized. This seemed to be a losing battle, however, due to the fact that by far the majority of the liquor in the Territory was a result of home distillation of molasses; and there was no embargo on shipment of molasses to Alaska. The Naval commander withdrew his support in suppression of the liquor traffic on July 15th because of the futility in the action of seizing pints of whiskey while the Indians were making barrels of it in the woods. And, the sudden realization that Naval officers were designated neither by Congressional act nor Presidential proclamation to enforce the laws relating to introduction of liquor into Indian Country. Beardslees second action to preserve the peace, immediately after his arrival, was the

U S. Congress, Senate, Reports of Captain L. A. Beardslee, U.S. Navy, Relative to Affairs in Alaska, and the Operations of the U.S.S. Jamestown, Under His Command, While in the Waters of That Territory, 47th Cong., lst Sess., Ex. Doc. No. 71, 1882, p. 17.

67

enlistment of the three Indians credited with preventing the massacre at Sitka in February, as policemen. They had demonstrated their effectiveness in dealing with their own people while working in this capacity for Collector Ball.

Provisional Civil Government

As it became increasingly more apparent that Congress had no intention of providing a civil government for Alaska, Beardslee urged the formation of a local government. The townspeople were quick to see the merit in this suggestion and on August 1st organized The Provisional Government of the Town and District of Sitka, Alaska. A resolution reciting the need for such action was posted for all to see (Appendix H). An immediate election was held at which M. D. Ball, the collector of customs, was chosen as Chief Magistrate. Councilmen elected were: Reverend N. Metropolsky, priest; Patrick Corcoran, merchant; F. Halliman, merchant; and Thomas M. McCauley, salmon canner. The mining community of Silver Bay, some 12 miles from Sitka, refused to take part in formation of the local government ostensibly for fear that the Navy would depart shortly thereafter.68 The provisional government handled all the local complaints within the white community at Sitka and the Navy disposed of offenses committed by the Indians outside the white settlement. In referring to two of the first complaints brought before the Provisional Government, Beardslee observed:
The government took no action in either, the sum of six dollars per month set aside for the purpose having been insufficient to provide them with a police force of sufficient ability and courage.69

In desperation, Lt. Beardslee set aside the intricacies of the law and hired Sitka Jack as a policeman. Although this Indian was notorious for defiance of all authority there was some logic to his hoped-for conversion. Beardslee noted that Annahootz and other chiefs had no difficulty in arresting members of their own tribe. However, the Kolosh considered it an insult to be arrested by policemen from another tribe. They had no representation on Beardslees police

The real reason came to light about one month later. The superintendent of the mine had been opposed to formation of the local government because he believed the mine would be overtaxed to support the town and its government. U.S. Congress, Senate. Affairs in Alaska; Reports of Commander L. A. Beardslee, Commanding United States Ship Jamestown, from June 15, 1879, to January 22, 1889, 46th Cong., 2nd Sess., Ex. Doc. No. 105, 1889, p. 16.
69

68

department and overlooked no occasion to express their hostility. This appointment of Sitka Jack was a landmark decision in bringing some measure of control for the first time among the tribes throughout southeastern Alaska. The Jamestown took a cruise in August along the coast where the Indian police force made quick work of destroying all the stills in sight or reach. They returned to Sitka on September 6th where Beardslee took over the old Army Guardhouse to detain his prisoners. Two miners shared a cabin on the outskirts of Sitka. One was John Williams, American; the other, Edward Robert Roy, Englishman. On October 8th of 1879, they were engaged in the favorite pastime of drinking in their cabin. Following an exchange of insults, a struggle ensued wherein Williams discharged all five shots of his .34 caliber revolver into Roy. The former was promptly set upon by about forty miners with the purpose of exacting punishment under the lynch law of the Miners Code. Williams managed to break away from the mob, receiving two stab wounds in the process, and raced for the semi-security of the stockade where he surrendered to the corporal of the guard in charge of the Navy prisoners. He was promptly removed to the Jamestown and placed in irons to prevent another attempt to lynch him. Ironically, the Provisional Government had been dissolved the same day by resignation of all the officers. Without the support of the mining community, the efforts of the group had proven abortive and ineffective. A mass meeting of all men of the district was called for October 12th at the Custom-house (Appendix I). Undeterred by the collapse of the local government, Ball did not hesitate to assume jurisdiction. In an effort to combine the civil and military branches of government at Sitka, he selected three citizens to serve as jurymen and requested Lt. Beardslee to do the same. Beardslee responded by detailing a board of three officers to supplement the three civilians on October 9th. This jury-board made extensive inquiry into the assault, hearing testimony from all witnesses. Although it was not clearly established who was the aggressor, it was presumed that Roy would die thus leaving Williams subject to execution by the miners. Therefore, Ball ordered the defendant held for trial in Oregon and turned him over to Lt. Beardslee pending instructions from the Navy Department concerning the next procedural step. The optimism in Collector Balls dramatic evaluation of the affair was later proven to be premature and unwarranted.
The general result is good, in that, first our course has won over the miners, who are now ready to cooperate with us, and a new and stronger government will arise, phoenix-like, from the ashes of the old, and the case presents, in the strongest possible light, the necessities of this country. The whole lawful power of the United States Government, with full co-operation of all respectable citizens, have been brought to bear upon a serious offense against public safety and human life (the wounded man will probably die); and the utmost we can do is to hold the offender a prisoner to be tried by somebody at some

indefinite time, and only because I, having the power, am willing to assume the responsibility, believing that so doing I am acting in the interests of right.70

Williams was detained aboard the Jamestown" until the arrival of a Deputy U. S. Marshal from Portland who took him into custody, pursuant to a warrant from the District Court of Oregon, on November 10, 1879. Col. Ball departed Sitka on December 21st in answer to a subpoena to testify at the trial. As Roy did not die, Williams was charged with Assault with a Deadly Weapon. He was promptly discharged by Judge Deady because there was no federal statute defining such offense committed on land, as a crime against the United States. Had the assault occurred aboard a vessel, Williams could have been charged under appropriate statutes concerning crimes on the high seas. Thus, thirteen years after purchase, it was proclaimed that there were no statutes under which criminal offences could be prosecuted on the soil of the Territory of Alaska. Ball returned to Sitka January 25th of 1880 to report on the outcome of the trail71. Lt. Beardslee lamented,
The accused man probably committed a crime, and had the Jamestown not been present he would have been lynched. With the ship to furnish force, the man was saved from this fate to eventually escape from the clutches of the law.72

The demise of the Provisional Government was complete. No new officers had been elected and without Balls able guidance, necessitated by his absence in Oregon, this government ceased to function in all respects. Reasons for its dissolution, were the impression that any effort on the part of the local citizens might lessen the chances of receiving a proper government; apathy on the part of a large number of the inhabitants of the district; a disinclination to take any action which might result in taxation; and, the unwillingness of storekeepers to dispense with revenue derived from the trade of molasses to the Indians. Ball placed deputy collector Dulaney in charge of affairs, afloat and ashore and left for Washington by return steamer on January 26th to present the needs of Alaska before Congress and urge the formation of a civil government for Alaska as the only means of obviating the situation.

70

Ibid., p. 19.

While Ball was en route from Portland, the citizens of Wrangell organized a committee of safety on January 15th and posted guards in anticipation of trouble with the Indians. U.S. Congress, Senate, Reports of Captain L. A. Beardslee, U.S. Navy, Relative to Affairs in Alaska, and the Operations of the U.S.S. Jamestown, Under his Command, While in the Waters of That Territory, 47th Cong., lst Sess., Ex. Doc. No. 71, 1882, p. 27.
72

71

Indian Law Proclaimed as Law of the Land

Major Morris, still acting as special agent in charge of Alaska for the Treasury Department, traveled to Sitka in the summer of 1880. He and Lt. Beardslee made a tour throughout Southeastern Alaska between August 14 and 28th meeting with the various chiefs and suing for peace. The principal complaint heard was in protest of the King George (British Columbia) Indians shooting otter near Hoonah. Upon return to Sitka, it was learned that as a result of a killing of an Indian on August 20th, Lt. Rockwell had arrested the murderer and his accomplice and placed them in confinement to await Lt. Beardslees decision in the case. Although he had been accustomed to administering punishment for minor offenses, Beardslee hesitated to make a judicial determination in the case of murder. The facts indicated that . . . one Indian caught another committing adultery with his wife, and shot him. The brother of the shot man, as soon after as possible, shot the shooter, (Appendix J). It was the brother who was in custody. The respective families considered that, as a result of the double killing, both were still even. The bodies were burned under a single blanket, and the dispute was settled. Beardslee could not transport the defendant to Oregon for trial without exposing the white population to annihilation during the absence of the Jamestown. Neither had the Navy Department authorized expenditure of funds for the expense of transporting defendants, witnesses and guards by commercial mail steamer. Nor indeed, in consideration of recent decisions by the Oregon District Court, did it appear that this decision would have much merit. Even if the court accepted jurisdiction, the execution of the Indian would inevitably result in the extermination of one or more white men in reprisal. After due deliberation, Beardslee reached a decision which indicates his astute perception of the realities of the total situation; something completely lacking in the succession of Army commanders, Revenue Marine officers, Customs Collectors and special agents of the Treasury Department. One of the basic assumptions called into question was the practicality of attempting to impose the law of the White Man in Indian country consisting of some 20, 000 inhabitants of which less than 250 were white men. A more fundamental issue was the fact that the only laws having actual force, effect and application in Alaska at that time were those relating to the smuggling of liquor and opium, and the killing of fur seals on the Pribilof Islands. Furthermore, the responsibility for enforcement of these laws was resident in the Treasury Department to the exclusion of the Naval commander.
Thus, the anomalous case was presented that the only governing power in Southeastern Alaska, viz., the will and judgment of a naval commander could not, without being

stretched beyond the limit that even the most full discretionary instructions could give him, prove equal to the administration of justice in case of murder. A man who committed simple assault and battery could be and was punished, but if he committed the assault to the extent of killing his adversary, he was safe.73

The prisoners were discharged with a stern warning. Beardslee inaugurated a judicial system with built-in double jeopardy. It was agreed he would exercise exclusive jurisdiction over offenses committed by the Indians against the white man and would have the right to administer punishment. In the instances of offenses committed by one Indian against another, Beardslee was granted original jurisdiction. Upon completion of the sentence imposed by the naval commander, the prisoner was turned over to a pow-wow of all tribes concerned. Upon reaching agreement on proper settlement of the differences, the joint council submitted recommendations to the Naval commander. If approved, the judgment under Indian law was then carried out. During his tour, Beardslee punished about 40 Indians for offenses against other Indians under this system. On relinquishing command over Alaska to Captain Henry Glass on October 11th of 1880, Beardslee commented,
The whole secret of our success with the Indians has been given in the last few lines. They received fair play, crimes were punished, good conduct rewarded, and they were taught - - and some received the teaching - - that the white government was theirs as well as ours and the man-of-war their friend, and not, as they had been led to believe, their enemy.74

On November 30th, Secretary of Navy R. W. Thompson reported to Congress the disastrous results likely to occur following the anticipated withdrawal of the Jamestown without the substitution of some form of civil government. He emphasized that peace and order were being maintained in Alaska only by the extra-legal actions of the naval commander as required to protect life and property. Thompson conveyed the urgent need for creation of a civil government for Alaska (Appendix K). Ivan Petroff, special agent of the Census Office, travelled to Alaska in 1880 to make the first account of the peoples of the Territory. In his report to the Department of the Interior on December 28, 1880, he stated:
Alaska is today, and has been for thirteen years, thing which it is not, a Territory in name only, without its organization. It is a customs district, for the collection of customs only, with a collector and three deputies separated by hundreds and even thousands of miles. It has no laws but a few Treasury regulations. It has no county or subdivisions, and, of course, no capital. The collector of customs and the only representative of police restrictions--a man-of-war--are located at Sitka, cut off from all communication with the

73

Ibid., pp. 76, 77. Ibid., p. 180.

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bulk of the territory except by way of San Francisco.75

Captain Glass Institutes Rule by Military Law

In attempting to control the liquor problems in Alaska, Captain Glass decided to try his luck at sending offenders to Oregon for trial. A prison party, consisting of three prisoners from Sitka and two from Wrangell, departed the latter settlement on January 26th of 1881 by mail steamer to Port Townsend. They were there transferred to a revenue cutter which transported them to Tacoma, Washington Territory. Thence by rail to Kalama, in the same Territory, and finally by commercial boat to Portland where they were delivered to the U. S. Marshal on February 4th. Four pleaded guilty to the charge of illicit distillation of spirits in Indian Country and received a one year sentence each. The fifth prisoner asked for a jury trial and was subsequently acquitted. Flushed with the success of this venture, Captain Glass proceeded to expand his sphere of influence into the field of education. In February of 1881, Captain Glass became the founder of compulsory education in Alaska by requiring the attendance of all Indian children at the mission day school.
He then caused a label to be made of tin for each child, which was tied around the neck of the child, with his or her number, and the number of the house on it, so that if a child was found on the street during school hours, the Indian policeman was under orders to take the numbers on the labels and report them, or the teacher each day would report that such numbers from such houses were absent that day. The following morning the head Indian of the house to which the absentee belonged was summoned to appear and answer for the absence of the child. If the child was wilfully absent, the headman was fined or imprisoned. A few cases of fine were sufficient. As soon as they found the captain in earnest, the children were all in school.76

An increase in mining activity in the region of Wrangel, brought an influx of miners to that district and a corresponding increased frequency of confrontations. By declaratory right only, he posted a proclamation in the mining community on May 2nd stating that, subject only to countermand by the President of the United States, the only law which would henceforth be recognized in the Territory would be military law; and that as interpreted by Captain Glass.
Notice is hereby given that considering the absence of any form of civil government in the

U.S. Congress, House, Report of Ivan Petroff, Special Agent, Census Office, Department of Interior, 46th Cong., 3rd Sess., Ex. Doc. No. 40, Dec. 28, 1880, p. 81. U.S. Congress, Senate, Letter from the Secretary of the Interior, In Compliance with a Senate resolution of the 15th instant, a copy of the report of the Rev. Sheldon Jackson, D.D., upon the condition of education in Alaska, 47th Cong., 1st Sess., Ex. Doc. No. 30, December 19, 1881, pp. 6, 7.
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Territory of Alaska, and the liability that acts of violence threatening the safety of the lives and property of citizens may occur at any time, and also considering the necessity of preventing such acts, I, Henry Glass, a commander in the United States Navy, and senior United States officer in the Territory, do announce that until instructions to the contrary are received from the President of the United States, the military authority will be the only government recognized, and all residents of the Territory will be governed in accordance with military law. This announcement will not affect the operation of any local mining laws properly established, not in conflict with the United States statutes, and is not intended to affect in any way rights to property now held or to be acquired in accordance with such laws.77

His closing paragraph was meaningless as there were no mining laws extended to Alaska nor was there any legal means by which a person might obtain title to real property. Captain Glass assurances to the contrary, the local merchants, who wanted no such control over their operations, convinced the miners that he intended to void ownership of the mining claims. The mining community decided to test this authority by aggravated open-defiance. On May 14th, 1881, he dispatched Lieutenant-Commander C. H. Rockwell with a complement of twelve Marines and a Naval force of eleven officers and men to preserve order in the mining camp. Thus was established Fort Rockwell.78 On June 6th, Nicholas Dern and Henry Imhof were arrested at Sitka for attempted murder. Captain Glass wrote to the Navy Department for instructions because there was little profit in taking them to Oregon for trial in view of Judge Deadys declination of jurisdiction in the Williams case. By letter of July 11, 1881, the Secretary of Navy approved the action taken by Captain Glass and advised Commander Lull,79 at Sitka:
In the absence of any legally constituted judicial tribunals, the peace and good order of society demand that the naval authority in control of the territory should interpose its power to maintain the protection of the lives, persons, and property of individuals within its reach. (K)eep. those men in confinement so long as in your judgment the interests of peace and

U.S. Congress, House, Report of the United States Naval Officers Cruising in Alaska Waters, 47th Cong., 1st Sess., Ex. Doc. No. 81, Feb. 24, 1882, p. 36. Seven months later, on December 15th, Fort Rockwell was closed and the military buildings turned over to the postmaster at that settlement. Captain Glass and the Jamestown departed Sitka on June 8th for Port Townsend to be replaced by Commander Edward P. Lull and the U.S.S. Wachusett on June 28th.
79 78

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good order in the settlement may require their imprisonment.80

Lacking any constructive suggestions from the Navy Department for disposition of Dern and Imhof, Commander Lull followed the advice of Captain Glass and finally released the prisoners around the first of October after detaining them for 125 days.81

Delegate Ball Elected to Congress

Ball had been unsuccessful in arousing interest in Alaska during his visit to Washington in 1880. Conditions continued to deteriorate throughout 1881. At the mining community of Harrisburg, a dispute had arisen between a Naval officer and a miner over the replotting of claims. As a result, martial law was declared at that settlement. On the Fourth of July, appropriately, a meeting was called to explore the possibilities of securing representation in Congress. A convention was scheduled for August. Fifteen delegates arrived at Harrisburg on August 16th of 1881 with equal representation for Wrangell, Sitka and Harrisburg. A memorial to Congress was drafted and plans laid for election of a Delegate to Congress. On September 5th, Collector Ball received 236 of 294 votes cast and thus became Alaskas first Delegate to Congress. The election was certified by the Deputy Customs Collector. President Arthur, in his annual message to Congress on December 6th, attempted to stimulate Congress to act on requests for a government for Alaska.
I regret to state that the people of Alaska have reason to complain that they are as yet unprovided with any form of government by which life or property can be protected. While the extent of its population does not justify the application of the costly machinery of Territorial administration, there is immediate necessity for constituting such a form of government as will promote the education of the people and secure the administration of justice.82

On December 21st, Ball's petition for admission and the memorial from Alaska were introduced to the House Committee on Elections. During the debate relative to the question of seating Ball, it was discovered that Alaska had never been organized as a political sub-division
80

Bancroft, H. H., History of Alaska, Bancroft and Co., San Francisco, Calif., 1886, p. Lull was relieved of duty on October 18th and Glass resumed command on November

237.
81

14th. U.S. Congress, Senate, Letter from the Secretary of the Interior transmitting, In Compliance with a Senate resolution of the 15th instant, a copy of the report of the Rev. Sheldon Jackson, D.D., upon the condition of education in Alaska, 47th Cong., 1st Sess., Ex. Doc. No. 30, Dec. 19, 1881, p. 13.
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hence Ball had no legal status. He was denied admission. Ball stayed on in Washington appearing before committees and giving testimony where possible. He was not entirely successful in countering reports of Treasury Agent Elliott or the census report of Petroff and Alaska was destined to continue as an orphaned step-child of the Federal Government for another three years.83

Congress Responds to Alaskas Needs

Oblivious to urgent pleas for seventeen years, Congress, responding to some undetermined stimulus, was aroused sufficiently from its lethargy to provide a civil government, albeit a morphodite one, for Alaska on May 17, 1884. The traditional form of Territorial government was not adopted. For reasons lost in obscurity, Congress created a new type of government. Alaska was organized as a Civil-Judicial District; a political sub-division unique in American history. The temporary seat of government was designated as Sitka. There was to be no legislative assembly nor delegate to Congress. The total complement of officers for the new government consisted of a Governor, District Judge, Clerk of the Court, District Attorney, U. S. Marshal, four Deputy Marshals and four U. S. Commissioners; for an aggregate of thirteen officers.84 The Governor was designated as the chief magistrate of the Territory, given the prime responsibility for enforcement of the laws, and empowered to grant reprieves. He was also designated as commander-in-chief of the Territorial Militia. He was required to submit a special annual report on the Alaska Seal and Fur Company in addition to his annual reports each October to the President concerning general conditions in the Territory.

The only major Congressional effort during this period was the military reconnaissance of the Territory by First Lieutenant Frederick Schwatka of the Armys 3rd Cavalry Regiment. He left Portland on May 22, 1883, for the headquarters of the Lynn Canal at Dyea. From there he traveled over the Chilkoot Indian Trail and followed the Yukon River to its terminus in the Bering Sea. His description of conditions along the route did not materially add to the store-house of knowledge previously compiled in Alaska. It did, however, emphasize the total lack of any government along the entire route of 2, 400 miles; with the exception of that represented by the Northwest Mounted Police sparsely stationed in Canada. This act also provided for a Chief and four Special Agents to protect the Governments interests in the seal industry on the Pribilof Islands. However, these officers were directly responsible to the Treasury Department and were not a part of the Territorial Government.
84

83

A District Court was created at Sitka having the civil and criminal jurisdiction of both the District and Circuit Courts of the United States. Appellate jurisdiction over the Alaska District Court was given to the U.S. Circuit Court of Oregon. Section 7 of this act provided:
That the general laws of the State of Oregon now in force are hereby declared to be the law in said district, so far as the same may be applicable and not in conflict with the provisions of this act or the laws of the United States; and the sentence of imprisonment in any criminal case shall be carried out by confinement in the jail or penitentiary hereinafter provided for. But the said district court shall have exclusive jurisdiction in all cases in equity or those involving a question of title to land, or mining rights, or the constitutionality of a law, and in all criminal offenses which are capital.85

The mining laws of the United States were extended to Alaska but there was to be no disturbance of Indian claims or mining claims then in existence. Alaska was created as a land district but, unbelievably, the general land laws were not extended to the Territory. The District Judge was required to live in the Territory and hold two regular terms of court each year; on the first Monday of May at Sitka, and the first Monday of November at Wrangell. Authorization was made for special sessions to be held at the discretion of the court and funds were provided for interpreters and other necessary court expenses. The Clerk of the Court, in addition to performing services for the court, was also ex-officio secretary and treasurer of the Territory. As such, he was to serve as acting Governor in the absence of that official from the district. The judicial system was completed with the provision for the appointment of four U.S. Commissioners to be stationed at Sitka, Wrangell, Oonalaska and Juneau City. These commissioners were granted the power of U.S. Commissioners of the Circuit Court and designated to serve as ex-officio Justices of the Peace under the Oregon Code. The U. S. Marshal was given the authority of a Marshal in any of the other Territories. He was also given authority to appoint four Deputy Marshals, who were to serve also as ex-officio constables empowered as such under the Oregon Code, to be stationed at the same locations as the U.S. Commissioners The U.S. Marshal himself was not given the authority to enforce the laws of Oregon. He was designated as keeper of the jail and ex-officio Surveyor General pending appointment of a regular officer to take charge of the Alaska Land District. With the noted exception of Deputy Marshals, all appointments were to be made by the President of the United States, subject to confirmation by the Senate, for periods of four years. Annual salaries, to be paid quarterly, were as follows: Governor, $3, 000; U.S. Judge, $3,000;
U.S. Congress, Senate, Message from the President of the United States Transmitting a Letter from the Secretary of the Interior, enclosing the report of the Governor of Alaska, 49th Cong., 1st Sess., Ex. Doc. No. 115, April 1, 1886, p. 3.
85

U.S. Attorney, $2,500; U.S. Marshal, $2,500; Deputy Marshals, $750. Deputy Marshals were also entitled to receive fees as constables in Oregon when enforcing those laws. The U.S. Commissioners were to receive no salary but to be fully compensated by fees as prescribed for justices and commissioners in Oregon. The Judge, Marshal and District Attorney were allowed reimbursements for actual expenses. All public buildings not required for the customs service or the military were to be reserved as court rooms and offices for the civil government. The Secretary of the Interior was to select two officers, in addition to the Governor, to inquire into the Indian lands, education, rights of settlers, condition of the Indians and to recommend to Congress what land laws should be extended to Alaska. The sum of $25, 000 was appropriated to provide education for the Indians. Section 14 provided,
That the provisions of chapter three, title twenty-three, of the Revised Statutes of the United States, relating to the unorganized Territory of Alaska, shall remain in full force, except as herein specially otherwise provided; and the importation, manufacture, and sale of intoxicating liquors in said district except for medicinal and scientific purposes is hereby prohibited under the penalties which are provided in section nineteen hundred and fifty-five of the Revised Statutes for the wrongful importation of distilled spirits. And the President of the United States shall make such regulations as are necessary to carry out the provisions of this section.86

The liquor question was thus resolved, at law, by imposition of prohibition over the Territory.

86

Ibid., p. 42.

CHAPTER IV THE CIVIL-JUDICIAL GOVERNMENT

General Conditions
Appointments were made on July 5th, 1884, and the officials moved from various points to Sitka. The District Judge and U.S. Commissioner were delayed in San Francisco for several weeks. The Governor, one of the first officials to arrive at the new post, immediately reinstated the Indian Police force created by Lt. Beardslee, at a monthly salary of $25 each to assist in controlling the native population87. In the absence of any court officials, the Board of Indian Commissioners assumed judicial authority in the interim and provided Alaska with another mode for the administration of criminal justice. With the final arrival of all the Territorial officials, the Naval commander on September 15th, 1884, in official ceremonies at Sitka, relinquished control of Alaska to the Governor. Public buildings not needed by the Navy were transferred to the custody of Peter French, the collector of customs. Alaska was launched with laws, a form of government and a set of officials. The consistent request for seventeen years had been for enforcement of the law. Congress had provided a system of laws and the President chose M. C. Hillyer as the first United States Marshal to meet these needs. Hillyer was a former flour merchant from San Francisco; succeeding marshals were even less qualified. The initial problem faced by the officials was that of getting to their official stations; Congress had neglected to provide funds for the necessary travel from their homes to Alaska. Once they managed to assembly at Sitka, over a 90 day period, it was discovered that none had been provided with any instructions. They had completed the first mission by reporting for duty but were not clear as to what was required of them. The lack of instructions was a curse which was to plague succeeding Governors and Marshals for many years. Another oversight was the failure to provide the means for transporting court officials, witnesses or jurors.
These Indian Policemen worked under the supervision of a Deputy U.S. Marshal. They took great pride in their work, were conscientious, effective and greatly respected by their people. This group of peace officers were the only law enforcement agency which has no recorded evidence of corruption, malfeasance or political interference which plagued the duly constituted authorities throughout this period. Yet, by 1893 the Chiefs of Indian Police were reduced in pay to $15 per month and the Policemen to $10.
87

The Organic Act of 1884 provided $1, 000 for the repair and necessary alteration of the old Army guardhouse to convert it into a jail and penitentiary. The same act left discretion with the naval commander to determine which buildings would be turned over to the Collector of Customs. The Army guardhouse was not one of those released. The Navy commanders had found it quite convenient to house their prisoners ashore rather than use the facilities aboard ship. As the new machinery for civil justice began to function, it suddenly became apparent that a jail would be a handy thing to have. On December 2nd, Judge McAllister detained Michael Travers, in lieu of $1, 000 bail, on a liquor violation. He made an official request to the Naval commander for his detention and subsistence because of . . . affairs now existing in this Territory, the want of funds to provide for the maintenance of prisoners, and in fact the neglect of the Government to provide for the civil government in any way . . . (Appendix L). As the Judge noted, he not only lacked a place to detain prisoners, but also the means of feeding them. The court was not scheduled to convene again until May of 1885 which would necessitate the semipermanent detention of prisoners and also provide a compelling issue confronting the new government. Lieutenant-Commander H. E. Nichols replied the next day by refusing the request and giving as a reason the fact that Naval regulations prohibited the issuing of rations to civilians. Nichols declined the responsibility for the inevitable release of Travers because of his refusal to accept custody.
The fact of the commitment of Travers depends upon the law and the evidence, and not upon the fact of whether I will feed him or not. The officer of the civil government who has charge of the prisoners is responsible for that part of it. (Appendix M).

Nichols Letter did little to cement relations between the civil and military authorities. At that time, an Indian was in custody charged with murder. He had been detained previously at the personal request of the Governor pending the arrival of the court officials. The Naval commander informed Judge McAllister that the following day he would no longer be responsible for room and board of this prisoner. Sheldon Jackson was appointed General Agent for Education in Alaska by the Secretary of the Interior in 1885. His efforts to expand the schools met with cool resistance by some of the civil authorities. U.S. Attorney Haskett obtained an indictment from the Grand Jury at Sitka in May of that year charging Jackson with obstructing a road by the erection of a fence. Deputy Marshal Sullivan held the warrant and served it at the time Jackson was on board the steamer en route to Wrangell to establish a school at that point. Bail was set at $3, 000 and by the time it was posted, the steamer had left requiring a months wait for the next one; purportedly, the objective

of the arrest. Shortly thereafter, Judge McAllister, Marshal Hillyer, and Attorney Haskett were removed. Former Customs Collector Ball, returned to Alaska as U.S. Attorney with the other new officials on July 21, 1885. The case was brought before Judge Edward J. Dawne in October. It was determined by testimony that the fence referred to in the indictment was actually constructed on government land set aside for the trade school and was under the control and management of Sheldon Jackson at the time. The case was dismissed on October 5th.88 Barton Atkins of Minnesota was appointed as Marshal on July 21st of 1885. He executed his official performance bond before the district judge in that state prior to his departure for Alaska. On October 8th of 1885, the First Comptroller of the Treasury Department advised Atkins that his bond was not valid and a new one would have to be executed before the Judge in Alaska before funds could be advanced or vouchers paid. On November 8th, U.S. Attorney Ball wrote to the Department of Attorney General on behalf of Atkins explaining that the requirements of the Revised Statutes could not be complied with because there were no freeholders in Alaska (Appendix N). Because Congress had not extended the land laws of the United States to the Territory, no one could obtain equity in property and consequently could not act as surety on a bond. On January 13th of 1886, the marshal was advised to qualify according to the regulations. On February 20th, Atkins made another plea pointing out that there had been no payment for guard hire or support of prisoners since he assumed office seven months previously. Also, the district had been without a judge for the previous four months which added to the impossibility of qualifying in Alaska.
Having exhausted my private resources to this end, am now placed in an extremity. As the law does not require impossibilities this appears to be a case wherein its technicalities might rightly be waived. (Appendix 0).

Chinese had been imported to the Territory to work in canneries and in other labor capacities. In the United States at this time, action was being taken to prevent their immigration because the Chinese were seen as a threat to indigenous laborers. There was strong racial resentment towards some eighty Chinese laborers on Douglas Island, near Juneau City, in the
In August of 1887, Commissioner of Education Sheldon Jackson authorized the Marshal and Indian Policemen to act as truant officers in enforcing the mandatory attendance regulations of the Commissioner of Indian Affairs. Three years later this became an official duty of the Marshal pursuant to an act of Congress providing for compulsory school attendance in Alaska. The U.S. Commissioner was required to issue a warrant for the parent or guardian of the absent child. The Marshal brought the offenders before the Commissioner where they were fined according to the following scale: First offense, one dollar; second offense, two dollars; third offense, three dollars; and five dollars for each additional offense.
88

summer of 1886. When one hundred white men attempted to remove them by force, the deputy marshal at Juneau City requested aid from the Governor at Sitka who in turn requested assistance of the Naval commander. Due to poor means of communication, inadequate transportation and the reluctance of the Naval commander to protect the Chinese, it was three days before the vessel arrived. By this time, they had been put adrift in life boats. He refused to overtake the Chinese and return them to the island. Subsequently, the deputy marshal refused to identify the ringleaders at the request of either the Marshal or the Governor. As a result, the company on Douglas Island lost its entire crew, the Chinese were deprived of their income and homes, one hundred men took the law into their own hands with immunity, the Naval commander refused to obey the Governors orders, and the federal officer sworn to uphold the law became the final instrument by which it was subverted.89

Law in the West

The Act of 1884 authorized the appointment of four U.S. Commissioners and four Deputy U.S. Marshals at points in Alaska formerly occupied by Army troops. One of these stations was Ounalaska on the Aleutian Chain- - 2, 000 miles to the west of Sitka. Later stations were opened at Kodiak, Unga and San Point in that general area. This entire area, indeed every point lying to the west bf Sitka, became known as the Westward. The development of law enforcement in the Westward was closely associated with, and largely determined by, the Alaska Commercial Company90. In his annual report to the President, Governor A. P. Swineford stated on December 10, 1888:
The particular case of boycotting and driving away a government official I then alluded to, and which is the one now in point, was that of Isaac Anderson, deputy United States marshal at Ounalaska. This official had been, for several years previous to his appointment in the employ of the company, and was appointed on the recommendation of all the white residents of Ounalaska, including the companys agent. He had not served many months as deputy marshal before he incurred the displeasure of the agent and other officers and employees of the company, and was finally compelled to resign his office for the reason not only that every obstruction was thrown in the way of a proper discharge of his duties, but for the further reason, as he himself states under oath, that he was refused

Eighteen Chinese taken to Sitka in April of 1878 to set up a cannery fared much better. They were met at the dock by Chief Annahootz (Indian Police Chief) and a large number of Indians from the Ranch who violently protested their arrival. Mr. Hunter, the cannery manager, eventually allayed fears that the Chinese were imported to exploit the Indians and the former were allowed to land without incident. See Chapter V for a description of this firms activities in relation to the exploitation of the fur-seal herds and the inhabitants of this region pursuant to a 20-year lease of the Pribilof Islands.
90

89

goods and provisions at the company stores, though he offered cash in payment, and was therefore left no alternative but to abandon the island or starve.91

Governor Swineford further charged that the A.C. Company had expanded its operations from the legal headquarters at Saint Paul to the entire Aleutian Chain and most of the mainland. The natives were forced to trade furs to the company at half their value or risk being deprived of food and other necessities from the company store. White men were charged $20 per ton of coal while the natives had to pay $40 per ton. The company provided the only mail service to the area and of necessity the local trappers were forced to rely on the fairness of the company in establishing fur prices. Company agents also flagrantly violated the provisions of the lease and proclamations by trading breech loading rifles to the Aleuts for furs throughout the coast. The Governor not only noted the oppressive tactics employed to enslave the native peoples but observed that the oppressors were subsidized in this effort by the Federal Government. The company refused to provide transportation for the deputy marshal to execute warrants and other writs of the court. As there were no other provisions made, the marshal also was dependent on the company for room and board. Once he began to interfere with the operations of the fur company, all supplies were cut off. There being no other source of subsistence, the marshal was forced to depart that station as noted by the Governor. Governor Swineford closed his report by attaching an affidavit of the deputy marshal formerly stationed at Ounalaska and making a final blistering recommendation for discontinuation of the lease:
Conceived (as there is abundant evidence to show) in corruption, born in iniquity, and nurtured and grown strong and insolent on ill-gotten gains wrung from a hapless and helpless people, this giant monopoly, which rests like a blighting curse upon the progress and welfare of this great Territory, should be shorn of its corruptly secured much-abused franchise with no more delay than may be absolutely necessary.92

The affidavit of Isaac Anderson, the deposed deputy marshal, was an indictment of the U.S. Commissioner as well as the A. C. Company. He charged that Joseph B. Johnston, the commissioner, had, without authority, appointed other deputy marshals to enforce the orders of the court at the suggestion of the company. The commissioner exceeded his authority by: assuming jurisdiction of a civil case, appointing a deputy marshal to serve the writs, adjudging excessive fines, extorting $100 from the defendants on behalf of the deputy collector of customs, and excluding Marshal Anderson from the proceedings which were held in secret at the home of

Congress, Senate, Letter from the Secretary of the Interior, 50th Cong., 2ndSess., Ex. Doc. No. 74, Jan. 17, 1889, p. 7. U.S. Congress, House, Alaska Seal and Fur Company, 50th Cong., lst Sess., Ex. Doc. No. 297, May 2, 1888, p.4.
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an agent of the company. None of the fines were transmitted to the district court at Sitka. Anderson arrested a Charles Hastings at Ounalaska (Unalaska) for murder in June of 1887. A few days later, at the insistence of Rudolph Neuman, the Agent for the A. C. Company, Commissioner Johnston sent the prisoner to work in a mine owned by Neuman. Seized seal skins from the Bering Sea were brought to Ounalaska in July and August of 1886 by the Revenue Cutter Corwin. They were placed in the marshals custody but physically located in the warehouse of the A. C. Company. Upon receipt of orders from the marshal at Sitka the following spring, the marshal went to the warehouse to ship the skins and noted the protective seals had been broken and most of the furs placed in barrels. Commissioner Johnston and Neuman protested the Marshals right to ship the seal skins, and with the assistance of another employee assaulted the officer. When the skins were ultimately sold at San Francisco, the count was considerably short and it was determined that inferior grade pelts had been substituted for a large number of the seized skins. Anderson claimed it was a common practice for the agents of the company to trade rum and other liquors in addition to rifles to the natives for furs. He recited one instance where Commissioner Johnston sold a breech-loading rifle to a native. Anderson left Ounalaska on August 26th of 1887 for Sitka with a prisoner in custody for killing the Archbishop of the Greek Church. But, the Commissioner refused to turn over the personal possessions of the deceased for transfer to the court at Sitka. Anderson resigned upon arrival at Sitka and in his report, understandably, recommended the abolition of the government offices at Ounalaska. The station was not closed and Anderson was eventually succeeded at Ounalaska by Deputy Marshal Ney B. Anthony. On November 15, 1890, Marshal Orville T. Porter advised the Attorney General of the urgent need for facilities at that station for the U. S.. Commissioner, Deputy U.S. Marshal and the Collector of Customs.
As Mr. Anthony (states) there is not a jail to the Westward or even a building temporarily fitted up in which to keep prisoners until they can be conveyed to Sitka for trail. When you add to this the fact that the officers themselves have no quarters, and are wholly dependent upon the Alaska Commercial Company for a building to live in, for board, and other indispensable necessaries, you can see how utterly impossible it is for these officers to be free and independent in discharging the duties devolving upon them. Crime is running rampant in that country, and the officers are almost powerless to deal with it, on account of their helpless surroundings (Appendix P).

One month later, on December 11th, the Marshal reported on conditions to the Westward. We requested the dispatching of a Revenue cutter in the spring to enable the deputy at Ounalaska to serve subpoenas in a murder case and also to bring the prisoners and witnesses to Sitka.

There were two other murderers to the Westward that we want who as yet we have not been able to reach, but I think they can be apprehended and brought down on this trip. You will readily understand the necessity of prompt action on the part of the government in this matter. Revolting murders are becoming a frequent occurrence at the Westward and no vessel being furnished the government officials in Alaska, we are powerless to reach crime or enforce the law in that part of the District.

The U.S. Attorney lent the prestige of his office in support of this request by endorsement to Marshal Porters letter.
I heartily endorse the foregoing and depose to add that the number of witnesses will be increased to twelve. These will cost the government if we can secure their attendance by the regular route, i.e., via San Francisco $1000 each, their mileage being about 8000 miles. So it would be a matter of economy if possible to provide the vessel asked for. (Appendix Q).

Deputy U.S. Marshals received an annual salary of $750 for performance of their duties as Federal Officers pursuant to the Organic Act of 1884 which provided the civil government for the Territory. While at the same time, Deputy Customs Collectors were receiving $1,400 per year. Deputy Marshals also received a monthly rental allowance of $10 and $125 per year for fuel and lights. Under the Oregon Code, the U.S. Marshal received no compensation. However, the deputies were allowed ten cents per mile while performing the duties of constable under this code. There was continual confusion in the courts and the Marshals office concerning the question of whether a crime committed in the Territory of Alaska was a violation of the United States Code or the Oregon Code; or either. The Attorney General further oppressed the deputies in 1892 by requiring that they provide supplies, their own official stationery and even the printed blanks for filing their reports. On April 19th, of that year, Marshal Porter recited in some detail the conditions to the Westward again emphasizing the plight of Deputy Anthony.
Mr. Anthonys lot at Unalaska has indeed been a hard one. In that desolate place for over three years, he has been subject to the courtesy of the Alaska Commercial Company to give him a roof to shelter him. Without any office or office furniture, without a place to keep a prisoner over night, he has waited and waited for relief, without my last requisition to you under date of January 18, 1892, has been honored he is still waiting for furniture, and I suppose becoming disgusted and discouraged, he wrote me last fall that he could stand it no longer than spring, when he should resign. (Appendix R).

Due to poor communications, lack of adequate transportation and uncertainty of the term of office, it was not infrequent that a settlement was found to be wanting of a commissioner or deputy marshal. A U.S. Commissioner could, albeit illegally, appoint a citizen as a special deputy marshal and effect some order in the community. A marshal without the services of a commissioner was another matter. Deputy E. A. West of Kodiak had the reverse problem confronting him than that of his

counterpart at Ounalaska. In this instance, he had a jail but no commissioner to issue warrants or sentence offenders to jail. Hence, this facility stood vacant while the-inhabitants ran amok both at Kodiak and Ounalaska. He reported conditions to the Marshal at Sitka and received the following instructions dated October 14, 1892:
If a man violates the law arrest him and lock him up for 24 hours and give the people to understand that you (are) going to preserve order. It is your duty as a peace officer to preserve order, and it is expected from you to do so. (Appendix S).

Law enforcement was extended to other communities by appointment of Special Deputy U.S. Marshals. The Marshal was only authorized to appoint four regular deputies but he attempted to circumvent this by appointing special deputies to meet the exigencies of the situation. This was not authorized by law. On November 20th of 1889, Marshal Porter advised the residents of Douglas City that he would make such an appointment for that town.
If the citizens of Douglas City want a Deputy I will appoint Win. Collins provided they will pay him, but the distinct understanding must be that the citizens must foot the bill until such times as Congress comes to their relief. (Appendix T).

With this precedent, Marshal Porter, on October 30, 1892, appointed Michael Dowed as a special deputy at Sand Point on the Aleutian Chain. Although not eligible for the salary of a federal officer, he was advised that he could earn fees as a constable under the Oregon Code (Appendix U). Dowed was instructed to execute his oath before a military officer which, in effect, invalidated every action subsequently taken. Actually, this was a minor consideration in view of the fact that the appointment itself was unlawful.93 Dowed proceeded to enforce the law. His effect on the lawless element in that area was somewhat impaired by the release of a prisoner in his custody, pursuant to orders from Marshal Porter, due to lack of funds to hold court in 1893 (Appendix W). Louis L. Williams was appointed as U.S. Marshal for Alaska on February 20, 1894. Deputy Anthony was reappointed at Ounalaska although conditions at that place had not materially improved. He had arrested a man named Gallager for offering liquor for sale. Marshal Williams advised Anthony in September of 1894 that such an act did not constitute a crime.
We must be careful not to put the government to any unnecessary expense, still that does not mean that criminals, shall go unwhipped of Justice. I repeat you will have to decide whether it is necessary expedient to bring a man here for trial, first taking into consideration the gravity of the offense, the expenses of bringing defendants and witnesses here and the probability of a conviction. (Appendix X).

The Attorney General later ruled that special deputies, independent of other considerations, were not eligible to receive fees. (See Appendix V). Those who served in this capacity thereafter did so gratuitously.

93

On October 6th, Deputy Marshal James Finnegan of Kodiak met his death by falling off the dock and drowning. It was nearly six weeks before Marshal Williams became aware of this and six months before a replacement could be sent by the mail steamer (Appendix Y). The effects of transportation as a limiting factor in the administration of criminal justice in Alaska was neither a new problem nor one readily resolved.

Transportation
Since acquisition of Alaska, one recurring request made by each agency responsible for that Territory, was for adequate means of transportation. Army troops were stationed at posts primarily in Southeastern Alaska; and those, isolated from one another except upon the infrequent occasion of the arrival of a mail steamer. The Customs Collector had a boat that was not considered seaworthy beyond the harbor at Sitka. The Navy had vessels which could venture into other parts of Alaska, but could not do so without jeopardizing the lives of the residents left behind in the community surrounding Sitka. Past experience proved of little concern to Congress. Provisions for transportation of the government officials brought into existence by the Act of 1884 were excluded by Congress. This oversight became quickly apparent when the Governor pondered the prospects of his ever traveling to the Seal Islands with neither a vessel nor funds at hand. On November 1, 1885, Governor A. P. Swineford submitted his report to the President explaining why it was impossible for him to comply with provisions of the Act of 1884, requiring him to investigate the seal industry, for lack of transportation to the Bering Sea:
It is not probable that Congress intended that the governor should charter, at this own expense, a steamer, which must be of the sea-going class, to make a trip of nearly 5, 000 miles on Government business; if so, even then he would find it impossible to procure such a vessel in the Territory; nor would one be within the reach of the whole amount of his yearly salary. (Appendix Z).

In the annual report of the Governor submitted in 1888, it was noted that for a want of transportation the civil government had not been extended to that portion of Alaska north and west of Juneau. In effect, this meant that the Alaska Commercial Company continued to rule the bulk of Alaska. None of the previous military governments had been extended beyond Southeastern Alaska either. Governor Swineford reported:
Several murders have been committed since the inauguration of civil government in the Territory, and the murderers are still at large and likely to remain so, for no other reason than the authorities are not supplied with the ways and means for making arrests; and in many sections lesser crimes are committed with impunity, the offenders knowing that they

are beyond the reach of the courts. Instead of a blessing, the local civil government set up by Congress, without the machinery adequate to its full and perfect operation, is more likely to prove a curse to more than one section of the Territory. (Appendix AA).

The following year by November 16th, the functioning of the civil government had been so impaired due to lack of transportation that a strong report was sent to the Secretary of the Interior requesting some assistance. The letter was signed by the Governor, Judge, Marshal, U.S. Attorney, Collector of Customs, Clerk of the Court, U.S. Commissioner and the General Agent of Education. In summary, the protest declared:
While the civil government is charged with the duty and responsibility of administering the laws of the Territory, protecting the persons and property of its citizens, developing its resources, education and civilizing the natives, caring for the public property, preventing timber depredations, investigating the value and efficiency of the schools, reporting upon all matters having relation to the National government, collecting the revenues, and various other matters of importance, it is set down upon one of the eleven hundred islands with not even an Indian canoe, or other conveyance, within its control, with which to move from place to place.94

Again, in his annual report of 1889, Governor Swineford reported conditions in Alaska to Congress:
A warrant was issued, early in the summer for the arrest of persons charged with assault with attempt to kill. That warrant is still in the hands of the marshal, unserved, after the lapse of about three months, because Hoonah, the village where the offense was committed and where the respondents reside, is off the line of the mail steamers route and the marshal has no means of transportation to the place. It is scarcely just that the marshal, or the governor who is charged with the duty of seeing that the laws are enforced, shall be held responsible for the failure to execute the laws under these circumstances.95

The Secretary of the Interior caused legislation to be introduced in the House of Representatives on January 13, 1890 to provide a steam vessel for the use of the civil authorities in Alaska. Exactly one month later, the Committee on Territories recommended passage of this bill. It never got off the floor of the House. On April 30th, Marshal Porter petitioned Governor Knapp to pardon one Lawrence Kalugen as a matter of justice and charity. Kalugen lived 900 miles to the Westward of Sitka but had no means of getting there. The Marshal was not authorized to pay the transportation of a prisoner to the place of arrest after discharge from sentence. Also, there was no vessel between Sitka and his home at Little Squaw Harbor. An opportunity presented itself for the prisoner to work his way home on a fishing vessel and the Marshal was quick to seize upon this as an equitable solution to
U.S. Congress, House, Maintenance of a Steam-Vessel for use of Civil Authorities of Alaska, 51st Cong., 1st Sess., Ex. Doc No. 93, Jan. 13, 1890, p. 3.
95 94

Ibid., p11.

the matter (Appendix BB). The Marshal even lacked sufficient means of transportation to cross the channel at Sitka to serve warrants at the Redoubt. On October 28th, he asked Acting Governor N. R. Peckinpaugh to request the Commanding Officer of the Pinta to provide a steam launch to enable the Marshal to effect the arrests (Appendix CC). No Congressional action was taken in 1890 to alleviate this situation which caused Governor Knapp to comment in his annual report of October:
The temptation for unprincipled men to engage in smuggling intoxicating liquor and opium into this Territory is very great; and yet the collector of customs, upon whom is laid the duty of preventing it, has been furnished only a single rowboat with which to patrol and guard 3, 000 miles of coastline.96

In response to a letter from Marshal Porter of December 11, 1890, the Attorney General asked Congress on January 22, 1891 for an appropriation of $15, 000 to provide transporation for the service of process and arrest of murderers. Needless to say, Congress failed to take positive action on this piece of legislation. Under the circumstances, the requests of the Marshal were quite modest. Marshal Porter wrote the Attorney General of May 6, 1891 asking only for a rowboat; to equip the Marshals office with the same facilities as the Collector of Customs in their efforts to enforce the law.
We badly need a boat here for our daily use, a rowboat, that will carry, in case of emergency, ten or twelve per-. sons. Such a boat with two pair of oars and row locks complete will cost at the lowest estimate $200. (Appendix DD).

By date of May 25th, Attorney General William H. M. Miller denied the request, noting: Your predecessors have avoided this expense. Is there a more urgent reason for incurring the expense now than formerly? The law authorizes certain expenses in the execution of process, but supplies no means. (Appendix EE). The Marshals predecessors avoided the expense of a rowboat of necessity when their requests were repeatedly denied. On November 17th of :892, the Comptroller of the Treasury Department directed U.S. Attorney C. S. Johnson of Sitka to advise the Marshal that Congress have failed to appropriate funds to defray the transportation and subsistence of jurors and witnesses, as had been the custom, for the fiscal year 1393. In reply on January 13, 1893, Johnson noted that the hardship was not so great on the jurors, because they were allowed to collect per diem, under section 852 of the Revised Statutes, for travel to and from court.
96

Annual Report, Governor of Alaska, Juneau, Alaska, 1890.

Not so with witnesses, and even if witnesses were willing to pay their expenses out of their own pockets, many of them are too poor to do so. In one case of murder at Unga, $1, 000 miles from Sitka, two witnesses are necessary to bind the prisoner over, before the United States commissioner at Sitka, he being then the nearest commissioner. The witnesses could not pay their fare, and so the marshal became responsible for it. The witnesses were in court just one day, but were necessarilly absent from home one month. Their mileage was $100, their fare either $150 or $200. The commissioner allowed them for the time they were actually and necessarily absent from home. The marshal paid them on this basis, and now payment is refused in this account of the marshals. At the last term of court there was much dissatisfaction expressed by jurors and witnesses, and they did not hesitate to say they would not again obey a summons or subpoena unless they were assured their actual expenses would be paid.97

There was an outbreak of smallpox in the jail on December 17th of 1892 (Appendix FF). With the approval of the Judge and the U.S. Attorney, Marshal Porter chartered the schooner Leo lying in the harbor, and evacuated the unaffected prisoners from the jail by means of a rented rowboat. On January 5th, 1893, two prisoners, C. Peterson and Oliver Twist, awaiting transportation to San Quentin, escaped from the Leo. A posse was soon dispatched in a borrowed rowboat and the prisoners recaptured. Two weeks later, the Marshal observed that had he been provided with the funds requested the previous October, these prisoners would have been delivered to SanQuentin long before the date of escape.
If I had a good boat at hand, as soon as the escape was known I am sure we could have caught the prisoners the next morning thus saving a greater part of the expense entailed. But I had to take a boat without authority of the owner that was out of the water, being painted, launch her, hunt up oars and oar locks, thus letting the prisoners get four hours the start, in a better boat and in an unknown direction. (Appendix GG).

The only vessels available to the Marshal were the Naval vessel, which would not leave Sitka harbor without instructions from the Secretary of Navy; the mail steamer, which occasionally connected Sitka with Wrangell and Portland, and a Revenue Gutter touching briefly at Sitka once a year. It occurred to the Marshal that passage could be purchased on vessels engaged in the mining and fishing industries. In August of 1894, Deputy Marshal John C. Ross was dispatched in this manner to Chilkoot (Haines) to arrest two Indians charged with murder. Nowell Gold Mining Company, owner of the vessel that transported the marshal and his prisoners, submitted a bill for $118 for these services. On December 31st, Marshal Williams contacted the Treasury Department to verify his authority to pay this bill. The Comptroller replied on February 9, 1895, by denying permission for the Marshal to pay said bill because, Deputy marshal Ross, when incurring the expenses covered by the bill above
Congress, House, Report of the Secretary of the Treasury, Transportation of Jurors and Witnesses, 52nd Cong., 2nd Sess., Ex. Doc. No. 222, Feb. 2, 1893, p. 2.
97

quoted, was engaged in performing duties covered by the laws of Oregon and not by the laws of the United States (Appendix HH). As such, he was entitled to receive _fees of ten rents per mile as an Oregon constable. If the arrest had been made pursuant to a warrant charging the defendants with a federal crime, the marshal would have been authorized full reimbursement for expenses. As matters then stood, Deputy Ross would receive approximately twenty dollars in fees and be obligated to the mining company for the balance of the bill--nearly one hundred dollars. Marshal Williams protested to the Comptroller on April 1 3th arguing that the deputy had actually been performing the duties of a federal officer under the U.S. Code and hence, was entitled to full compensation for his actual expenses.
That the Commissioner made a mistake in charging the crime under the Oregon law, I think will not be seriously questioned. The U.S. Revised Statutes provides a penalty for murder and manslaughter, and the U.S. District Court for Alaska has invariably held that the offense of murder, or any lesser degree of that crime, is triable under the U.S. Revised Statutes alone. One of these defendants was indicted by the Grand Jury for murder under section 5339 Revised Statutes; convicted by a petit jury of manslaughter, and sentenced by the Judge to 8 years imprisonment in the penitentiary at San Quentin, Cal. Mileage at the rate of ten cents per mile would not enable a deputy marshal to travel in this country at all. (Appendix II).

Comptroller R. B. Bowler, on May 8th, reaffirmed his decision and held that deputy Ross was not entitled to reimbursement for actual expenses because he was in fact serving under Oregon law and not that of the United States at the time.
If the Commissioner made a mistake in charging the crime under the Oregon law when he should have charged the same under the Revised Statutes of the United States, that fact will not help the deputy marshal, for when a warrant is placed in his hands for execution it is his duty to execute the same, and his fees for such services depend upon the character of warrant which he serves. If mileage at the rate of ten cents per mile is not sufficient to pay the expenses of a deputy marshal while traveling in Alaska, Congress alone can remedy the difficulty. (Appendix JJ).

Having failed miserably in his negotiations with the Comptroller of the Treasury Department, Marshal Williams turned with renewed determination to the Attorney General. Bowing to the decision that deputy marshals were thereafter to receive the mileage allowance in lieu of actual expenses, the Marshal made a plaintive plea for assistance in complying with this requirement.
Heretofore they received their actual expenses, distances were of not very much importance, but as they have to charge mileage now, under the Hon. Comptrollers ruling,

when executing the laws of Oregon made applicable to this district, it becomes necessary for me to know the distances in Alaska, I therefore have the honor to request that I be furnished with a postal map. (Appendix KK).

In November of 1894, he had received a letter from the Commissioner at Unalaska to be forwarded to the Attorney General. In forwarding the letter on February 5th, three months later, the Marshal explained that he had attended the fall term of court at Juneau, thereafter departing for San Quentin to deliver prisoners and had just returned to Sitka to find the said letter. The Marshal observed that this delay did not adversely affect the situation because the Department could not send a reply before the departure of the first steamer for Ounalaska on April 19th of 1895 (Appendix LL). Being charged with enforcement of the law, Marshal Williams concluded that it would be useful to obtain copies of the pertinent codes for the Marshals Office. On February 21, 1896, he made the following request to the Attorney General: My offices at Unalaska, Kodiak and Douglas have never had copies of the Rev. Stats., Sup., or Oregon Code, and my office at Wrangel has no copy of the Oregon Code. (emphasis added)(Appendix MM). And this, twelve years after Congress provided a government for the people of Alaska. On July 22 of 1897, Marshal James M. Shoup was sent a request for a set of law books by U.S. Commissioner William J. Jones from Seattle, Washington, en route to Saint Michaels. Although Congress had appropirated $500 in 1885 for the Attorney General to compile copies of the Federal and Oregon Statutes pertaining to Alaska and provide them to the officials in Alaska, these had not as yet been received. The Marshal replied on August 7th that the law books were not available in Alaska and it was too late in the season to have them shipped from the States to St. Michaels on the Yukon River. "You will therefore have to do the best you can until navigation opens in the spring. (Appendix NN). On February 3rd of 1899, Marshal Shoup reported to the Attorney General that he had received a warrant issued by the Commissioners Court at Juneau charging one John B. Wilson with piracy of a vessel from that location. It was at that time lying to, ice-bound, in Kotzebue Sound on the distant northwest coast of Alaska. The method of reaching that point from Sitka posed many problems. It would be necessary to travel to Portland on the monthly mail steamer, take another boat to San Francisco, board the Northern American Commercial Companys vessel for the Pribilof Islands, in May transfer to a Revenue Cutter at such time as it occasioned to travel in those waters and proceed to Kotzebue in the summer- -a total round trip distance of some 10, 000 miles. To expedite the recovery of the vessel, the Marshal proposed to deputize the ships owner at Seattle and request the Revenue Cutter Bear to be dispatched directly from Puget Sound in April to arrive at Kotzebue when the ice went out in July (Appendix 00). The Attorney General failed to respond to this request for instructions and the Marshal turned his attention to more proximate problems.

By the Act of 1884, the old Army guardhouse at Sitka was to have been renovated to serve both as a Territorial Penitentiary and a local jail. However, the successive Naval commanders jealously retained control of the major portion of these quarters for the detention of military prisoners. Consequently, it was the custom to transfer to the penitentiary at San Quentin in California prisoners receiving a sentence of more than one year. On January 31st, 1890, Marshal Portor made a routine request to the Attorney General for advancement of funds to effect such a transfer. Attorney General Millers reply of February 27 demonstrates one of the many duties performed by the United States Marshal which were unique to Alaska.
It is important to save all expenses that are not necessary, and it is therefore suggested to you that the prisoners should be taken to San Quentin at a time which will enable you to immediately attend to the sale of the seal skins, without remaining at San Francisco days or weeks in waiting for the arrival of the skins. (Appendix PP).

Contraband seal skins confiscated each summer in the Bering Sea were stored with the Deputy U.S. Marshal at Ounalaska pending shipment to California the following spring. The U.S. Marshal was required to conduct an auction of these furs each summer at San Francisco. When possible, the Marshal escorted prisoners, produced by the spring term of court at Sitka, to San Quentin and found it convenient to cross the bay to San Francisco to sell the furs. Occasionally, there was a delay in shipment of the skins from the Aleutians and this necessitated his absence from the District of Alaska for many weeks. In December of 1895, Marshal Williams interjected an interesting question into the maze of departmental regulations. The Marshal applied for permission to leave the District for the purpose of transferring prisoners to the States.
It has been the practice in this district to take all prisoners sentenced to imprisonment for one year or more, to the penitentiary at San Quentin, Cal., and I suppose that this is in accordance with your instructions, but I am unable to find any letter on file in this office authorizing such transfer. I have the honor to request that I be advised in this manner. (Appendix QQ).

The Attorney General continued to ignore the consequences of this question and the United States Marshal continued to transfer prisoners to San Quentin pursuant to orders of the U.S. District Judge.

Funds, Fees and Fantasies

Closely allied to the problem of having no transportation facilities were the restrictive Departmental regulations relating to fiscal matters, which had the effect of insuring that the United States Marshal would not be able to perform his law enforcement functions. By letter of July 9th of 1890 to the Attorney General, Marshal Porter reported that he had no funds for support of prisoners for the previous two months and could not pay for guard hire for the month of June. Furthermore, the term of court at Sitka had been delayed indefinitely awaiting receipt of funds to

pay witnesses and jurors incidental to dispostion of several prisoners in jail awaiting trial.
Just how the Marshal for the District is to conduct the affairs of his office in a business manner without funds to meet constantly maturing obligations is a very serious question, one which I hope will be solved to the advantage of all concerned; in the meantime I will do the best I can for the interest of the government and to properly conduct the duties of my office.

To which Judge John S. Bugbee appended a stronger statement.

We are completely handicapped in almost every way by the action of the Department referred to in the above letter. If justice is to be done here some liberality must be shown in Washington. The condition of affairs with us is serious. (Appendix RR).

Six months later the judge was to realize how true his analysis of the situation was. On January 30, 1891, William Howard Taft, newly appointed Attorney General, revealed his frugal nature in a query to Marshal Porter concerning the excessive use of coal oil for the judges chambers. Taft noted that while only 25 gallons was consumed in September, the Marshal had certified the use of an average of 50 gallons of coal oil per month for the fiscal quarter ending December 31st, 1890--at a total cost of $62.50.
Perhaps it is not understood why so much oil is needed. Of course in your latitude darkness prevails a larger part of the day during the winter months; but on this supposition the amount of coal oil used for the lights of the Judges Chambers during the month of September is five-sixth of a gallon a day, while it is apparently twice that amount for the remaining months of the year 1890. Of course the oil is used exclusively for official purposes, and the Department desires a statement to that effect. (Appendix SS).

On June 17th of 1895, W. P. Mills, proprietor of a general merchandise store, extended credit to the Marshal for six towels for use of the prisoners in the Sitka jail. Marshal. Williams submitted this bill with his quarterly vouchers on June 30th of that year. On November 12th, he was advised that the Department of Justice had referred this account to the Auditor of State and other Departments for disbursement. In January of 1896, the Marshal was further advised that this expenditure of $1 . 50 for one half dozen towels was specifically disallowed by the Attorney General and the Marshal would therefore be required to dispose of the billfrom his personal funds. By letter of January 11th, he attempted to justify this extravagant obligation of funds on behalf of the Department of Justice.
I would respectfully state that the towels in question were of a cheap quality, purchased for the use of U.S. prisoners confined in the Sitka jail, and were used by no other persons whatever, and that the same were needed for said purposes. It is very necessary that the jail be supplied with towels and soap for the use of the prisoners, in order to keep disease from breaking out among them. I have tried to be as economical as possible in purchasing supplies for the jail, and have purchased only those articles which were absolutely indispensable. (Appendix TT).

The ultimate of absurdity in Departmental economies was the disallowance of a bill for fifty

cents on January 27, 1899 by the Attorney General during an apparent flight of fantasy. On April 15, 1898, nine months previously, P. J. Kostrometinoff, a local merchant, had foolishly sold a pair of rubbers to the Marshal, on credit, for the use of U.S. prisoner Martha Boor-dukosky on the naive assumption that, given sufficient time, the Department of Justice would see fit to honor this indebtedness. On February 16th of 1899, Marshal James M. Shoup tried valiantly to justify this expenditure:
I desire to state that this woman preferred rubbers to shoes. Female prisoners have no toilet room in the jail and have to go to one on the beach about one hundred yards from the building, and as it rains here most of the time, it has been the custom to provide them with rubbers. I do not furnish prisoners with any more clothing than necessity and humanity requires. (Appendix UU).

The fee system of compensating commissioners and deputy marshals came under sharp criticism by the Marshal for being inadequate and by the Attorney General for being abused. The Secretary of the Interior decried conditions at Ounalaska in 1891 where the Marshal had devised his own system of justice in lieu of that of the U.S. Commissioner who had resigned. The Secretary declared that the deplorable situation was a result of low compensation which would not attract competent men to become deputy marshals.
During the three or four warm months the island of Unalaska is infested with sailors from the various and numerous vessels that stop there, and those from the whalers are not only annoying but dangerous. The United States marshal has been a staunch friend of the school and scholars, but he is soon to leave. The salary is so meager that few fit persons will take it--$700 and perquisites, which are so meager as the salary. He had a drunken sailor pay him $5 for giving him (the sailor) a beating. There is no law there. The marshal is simply a police officer, but as there is no lockup all he can do is to drag the prisoners aboard ship or beat them and let them run.98

In his annual report to Congress in 1891, Attorney General Miller urged the abolition of the fee system for all officers of the court and the institution of a salary schedule. On May 28, 1896, five years later, Congress followed this recommendation and established a salary scale for all employees of the Department of Justice. This Act became effective on July 1, 1896 but was of little value to the Marshal because it specifically exempted deputy marshals in Alaska from the salary schedule.99

U.S. Congress, House, Report of the Secretary of the Interior, 52nd Cong., 2nd Sess., Ex. Doc. No. 1, Part 5, Vol. 1, 1892, p. CXXIX. Four years later, the Act of June 6, 1900 was to nullify this gain by not only returning the U.S. Commissioners to a fee basis, but also by eliminating the salary of the Deputy U.S. Marshals and for the first time render them wholly dependent upon fees for subsistence.
99

98

Although Office Deputy U. S. Marshals were authorized in all other judicial districts of the United States, Alaska was excluded from this convenience. By 1897, there were ten Deputy U.S. Marshals scattered throughout Alaska reporting to the central office at Sitka, In view of the Marshals frequent absence from his office, the overpowering obstacles to enforcement of the law in Alaska, and the Departmental regulations, one could not quarrel with Marshal Shoups analysis of the situation on August 23 of 1897.
It requires a first class accountant here. The retiring Marshal found it necessary to personally pay the deputy in addition to the salary, and I find that I will have to do the same to retain a competent man. You will notice that the salary of the Marshal for Alaska is much lower than for other districts and he cannot afford to divide his salary with his Office Deputy. (Appendix VV).

These comments were included in a letter to his brother George M. Shoup who was a United States Senator from Idaho. Marshal Shoup presented a draft of a bill for Senator Shoup to introduce in Congress to correct this problem. His efforts were in vain and this inequitable situation continued until after the turn of the century.

The Marshal and Mental Health

The Act of March 3, 1855, established the Government Hospital for the Insane in the District of Columbia. It provided for the detention and care of ". . . insane United States convicts and criminals. The Act of June 23, 1874, authorized the Attorney General to contract with state asylums for the care of such prisoners. By Act of August 7, 1882, he was authorized to apply to the Secretary of the Interior for commitment of insane prisoners to the Government Hospital for the Insane. The Alaska Indian had his own remedy for insanity. The approved method was to bind the individual and torture him until he revealed the] name of the animal that had entered his body. He was then kept bound until one of these animals could be killed and the tongue eaten by the crazed man. Then, regaining his senses, he would be unbound and set free. The length of time he was bound and tortured was determined by the quickness with which the unfortunate prisoner could name a com mon animal and the dexterity demonstrated by the hunter. Marshal Hillyer soon fell heir to a prisoner of this type, one Frank W. Aaron, and requested instructions from the Attorney General concerning the proper disposition in the matter. As there was an existing contract between the Department and the California State Hospital at Napa, he was advised to transport him to that place. The judge issued an order to the Marshal to make the transfer so that he could later be reimbursed for this expense. Mr. Aaron had the distinction of

being the first, and last, prisoner suffering from mental illness to be removed from jail in Alaska and placed in an appropriate institution until 1901--some 17 years later. There were three major difficulties in implementing the procedure of placing a prisoner suffering from mental impairment in the Government Hospital for the Insane. First, to qualify, one must have been sentenced under the United States Statutes, As most offenses in Alaska were charged tinder the Oregon Code, the majority of the prisoners were thus ineligible. Secondly, there were no provisions for care of those mentally ill not charged with violation of any law. And thirdly, the Attorney General was not empowered to expend funds for the transportation of the prisoner to the Hospital in those infrequent instances where admittance was authorized. The case of George H. Berry in 1890 is a rather sad commentary on the attention given this problem. Marshal Orville T. Porter requested that Berry be transferred to the Hospital in Washington. Attorney General W.M..H. Miller advised on May 28th that there were no provisions at law which would authorize such transfer. In consolation, Miller reported that he had referred the matter to the Committee on Territories of the U.S. Senate for appropriate action in the form of legislation. In the meantime you will care for said Berry in the best manner possible. (Appendix WW). Thereafter, Berry was removed from jail on July 7th and placed in separate quarters under the care of a male nurse--at the personal expense of the Marshal (Appendix XX). Those not charged with a crime were supported by the generosity of the Marshal, as these incidental expenses were never recognized as an authorized expenditure by the Attorney General. Frequently, the patient died in jail awaiting some determination from Washington concerning the proper disposition. Berry was no exception. While awaiting legislation by Congress, or the Attorney Generals authorization for transfer to a State contract hospital, the matter was resolved, for the moment, by the demise of Berry on October 1 3, 1890. (Appendix YY). Michael Travers was again in custody in 1891. This time he was detained not for violation of the law but because he was insane Marshal Porter tried to obtain permission to transfer Travers to Washington. E. C. Foster, General Agent of the Department of Justice, replied on November 20th of 1891 reciting the law which required conviction under Federal Law as admission criteria to the Government Hospital for the Insane. Foster suggested that the Marshal confer with the U.S. Attorney and U.S. Commissioner with a view to obtaining a commitment on a federal violation to enable Travers to qualify for acceptance by the Secretary of the Interior (Appendix ZZ). By default, the task of caring for the mentally ill fell to the United States Marshal. Whether the mentally ill should be held criminally responsible for their acts was not an issue. Indeed, the reverse consideration was at hand. To obtain care in an appropriate institution for a mental patient who, although having committed no crime, was held. prisoner in a jail, it was necessary to secure a criminal conviction while incompetent, on manufactured charges in order to comply with the law

for admission to a hospital. Even in cases where the mentally ill were also convicted of crimes, the Marshal was unable to secure authority to transfer them to a hospital due to lack of funds. On November 1st, 1892, the Attorney General informed Marshal Porter that there were no funds to transfer two such prisoners in his custody at that time. The Marshal was therefore instructed to discharge these prisoners on the following January 1st (Appendix AAA). But one prisoner was kept in custody several months beyond this, for his own protection, until his brother provided transportation to Tacoma, Washington (Appendix BBB). The idea of releasing this class of prisoner to relatives appeared to have merit and be a functional alternative to the legal impairments. Marshal Louis L. Williams was appointed February 20, 1894, and was soon faced with this perennial problem. On June 11th of that year, George Beaumont was convicted of a misdemeanor and sentenced to three months in jail. He was subsequently declared "insane" by the Commissioners Court. Due to his insanity and total blindness, the Marshal.cared for him out of his personal funds after the expiration of his sentence. On September 17th, Marshal Williams wrote to the Attorney General requesting that Beaumont be transferred to a state hospital (Appendix CCC). Relatives contacted in New York and London were unable to make any provisions for his support. District Attorney Taylor advised the Department to the contrary in October and no action was taken. On February 5, 1895, Marshal Williams appealed to the Attorney General for relief from caring for Beaumont and reimbursement for his room and board for the previous five months. Williams denied that any arrangements had been worked out with Beaumonts relatives.
I have never heard a word from them nor received a cent for the maintenance of their relative, and I was informed by Mr. Taylor, District Attorney, just before he left for the East, that he had not heard from them for a long time. If he has any friends or relatives in the world who are able or willing to help him, we have not been able after a search of six or eight months to find them. (Appendix DDD).

However, one month later $50 was received from Beaumonts relatives for his support and Marshal Williams indicated no further need for offical action if the support continued (Appendix EEE). In the interim, the Attorney General had contacted the Secretary of the Interior concerning the possibility of admission of such a person, not a United States prisoner, to the Government Hospital for the Insane. By letter of April 1st, 1895, the Attorney General advised Marshal Williams that the Secretary had agreed, in the absence of any appropriate law, to accept Beaumont; provided that the expense of transfer was sustained by the Attorney General. With this historic decision, the way was cleared for disposition of those detained in jail as a result of mental illness but not charged with a federal crime. The Attorney General nevertheless missed his claim to fame by failing to exploit the one brief, shining hour in the history of caring for Alaskas mentally ill.

This decision, as you will perceive, left the matter unchanged, as it is not practicable for this Department to defray the expenses of his transportation. (Appendix FFF).

This administrative ruling continued unchanged as is seen in the case of Fred Miller in 1896. Realizing no relief was likely to be received from Congress nor the Attorney General in handling such prisoners, Marshal Williams made contact with Millers relatives. The Marshal noted in his letter to the Attorney General of September 8th, that Miller had been in custody since June 1 3th and his mental condition does not improve". Furthermore, he requested Millers removal to an asylum because his efforts to resolve the dilemma with relatives had been unsuccessful.
Mr. McNair has received a letter from his relatives in New York in which it is stated that he has been insane before, and that they are poor people and unable to do anything for him. (Appendix GGG).

Predictably, the Attorney General responded on October 2nd and again on the 23rd that he would not authorize the transfer to an insane asylum because of the enormous cost involved. Marshal Williams again pleaded his case on November 9th, 1896, making parenthetical references to the interests of humanity and the danger to the community, but basing his primary appeal on terms of concern to the Department; that is, the tremendous expense of keeping such prisoners under guard in separate quarters for the remainder of their lives. He concluded:
I have the honor to state that in my opinion it would be more in the interests of economy to transfer these person to an Insane Hospital than to attempt to care for them here for an indefinite period. (Appendix HHH).

This final appeal was endorsed by the U.S. Attorney and the Governor. The Attorney General apparently subscribed to the school of philosophy which holds: When in doubt, do nothing. The presumption of doubts can only be inferred; the failure to do anything is a reality. An answer to the Marshals communication was not received. Usurping the authority given only to the Attorney General, Marshal James M. Shoup took bold action in an endeavor to succeed in solving the problem of caring for the mentally ill where his predecessors had uniformly failed. On his own initiative on January 16th of 1901, he negotiated a contract between the Oregon State Insane Asylum at Salem and the Secretary of the Interior who had over-all responsibility for the care of the mentally ill under federal jurisdiction or control. The fact that Marshal Shoup had a brother in the United States Senate may have influenced his decision to take this risk. The contract was consummated and administrative rules were created to implement it. As could be expected, the procedures adopted were not simple. The court was instructed to commit the mentally ill to the Marshal who was required to make a request to the Attorney General for transfer. The Attorney General then sought permission from the Secretary of the Interior for said transfer. Upon approval of this petition, the Attorney General would then so notify the Marshal.

However, gaining authority to disburse funds to effect the movement, was not concomitant with the granting of authority to move the prisoner or patient. The scheme designed for accomplishing this is even more fantastic than procedures for the original request for transfer. To obtain the necessary funds prior to travel, the Marshal was required, after receiving official sanction for the transfer, to have his vouchers certified in open court, and approved both by the Governor and the Secretary of the Interior. The vouchers were then transmitted to the Secretary of the Treasury, who, if the documents were in order, would disburse funds to the Attorney General who in turn would advance the requisite amount to the Marshal to pay for transportation to Oregon and return. In addition, the Governor required that a permit for removal be obtained from his office in advance of removal (Appendix Ill). Those who survived the interminable delay between adjudication and institutional commitment were thereafter transferred quite regularly to Oregon and some relief was available for the care of the mentally ill in Alaska; and, to the Marshals who had personally subsidized this segment of the society for sixteen years.

The Marshal Surveys His Vast Domain

Historically, property rights appear as the legal issue of longest controversy in Alaska. While the Commander of the Revenue Cutter Service was seeking charts to plot the initial voyage into Alaskan waters prior to the transfer of the Territory to the United States, the Russian Governor was busily engaged in ejecting squatters from the Czars Royal Garden at Baranofs Castle in Sitka. Location of land became the first legal issue to be faced by the military authorities subsequent to the transfer on October 18th of 1867. In a letter to General Ulysses S. Grant, Secretary of War, on October 28th, Secretary of State William Seward noted that Congress had failed to provide legislation for the organization of land districts in Alaska (Appendix JJJ). The Organic Act of May 17, 1884, which provided a civil government for Alaska excluded the extension of land laws to the Territory and also prohibited the cutting of timber. While the seat of government was located in the heart of one of the largest forests in the world, it was illegal to utilize this as a source of fuel or lumber. Instead, wood, coal, and coal oil were shipped in from the states at exhorbitant prices at infrequent intervals. There were few men in Alaska who would dispute the contention of Dr. Sheldon Jackson three years later when he remarked on September 30th: This Act has been well described as a legislative fungus without precedent or parallel in

the history of American legislation.100 On September 23rd of 1890, the House Committee on Military Affairs reported a bill which proposed a land survey and military reconnaissance of Interior Alaska. An appropriation of $100, 000 was requested to conduct This survey in all directions from the Yukon River. Congress continued to debate the question for nearly a decade before such surveys were eventually conducted around the turn of the century. Abandoning any hope that Congress would, on its own initiative, provide solutions to the plight of Alaska, the inhabitants of that Territory looked to their own resources. Another Territorial Convention was convened at the Opera House in Juneau on the 8th of October, 1890. There were forty delegates from nineteen precincts in Southeastern Alaska. Col. R. D. Crittenden of Wrangell was chosen permanent chairman of the convention and supervised the drafting of a memorial to Congress which was accepted unanimously by the delegates. This memorial asked for the right to send a Delegate to Congress; a code of laws for Alaska; increased jurisdiction for the U.S. Commissioners; right to appeal to the Circuit Court at Oregon; extension of land laws and the right to title of cannery and fishing sites; local management of the schools; provisions for local government; repeal of prohibition; establishment of weekly mail service to the rest of the Territory; and, funds for the repair of the government buildings at Sitka and Wrangell. James Carroll was elected as a Delegate and dispatched to Congress with the memorial to plead for recognition of Alaskas needs. His legislative efforts were somewhat more successful than those of Col. Ball nine years previously. The convention proceedings were transmitted to the Senate by the Secretary of the Interior on January 1 3, 1891. On February 5th, the House Committee on Territories recommended a judicial system patterned after Oregon. The bill further provided for the extension of land laws and timber rights to Alaska to eliminate the necessity of the inhabitants importing lumber and fuel. These provisions met with the approval of Carroll and on March 3rd this bill became law. This Act repealed the restrictive timber laws and provided for the purchase of a maximum of 160 acres at $2.50 per acre by any citizen twenty-one years of age or older. Provisions were made for payment of surveys, location of town sites and reservation of mineral lands. However, unsurveyed land could not be purchased. The only provision for accomplishing this feat was included in the Act of 1884 which designated the U.S. Marshal as ex-officio Surveyor-General of the Territory. Operating without the benefit of experience, instructions or funds for this office, the Marshal found some difficulty in surveying an area in excess of one-half million square miles while lacking even the means of transportation beyond the site of Juneau.

U.S. Congress, House, Report of the Secretary of the Interior, 50th Cong., lst Sess., Ex. Doc. No. 1, Part 5, 1887, p. 32.

100

In his annual report to Congress, the Attorney General was somewhat critical of that austere body:
The yearly reports of the governor to the President show that what has been done has been accomplished in the face of much neglect at Washington, and that what might have been done if the inhabitants could earlier have acquired title to land, and have had police protection, local jurisprudence, and convenience for the essential legal formalities of business, would have greatly surpassed the actual result.101

In conducting these duties, efforts were made to combine the activities of the Surveyor-General with travel for the Attorney General. On February 11, 1893, the Attorney General disallowed a voucher of Marshal Porter in the amount of $195.42 for services as Surveyor general rendered in conjunction with a prisoner escort trip to San Quentin. On February 25th, Marshal Porter protested:
I wish to respectfully inform you that there is no fund of any sorts or realized as far as I can learn, that can be utilized to meet the traveling expenses of the Surveyor general of this District and no fund that he can draw upon to meet any expense that may arise in this department, be the necessity ever so great. The office is one of glory and hard work without compensation. It seems to me that under his bond, responsible to the government for all of his official acts, he should be allowed to use his judgment, especially when such use is for the best interests of the government, and not be subject to the peccadillos of a few zealous clerks in the departments who have nothing to do to earn their salaries but to find fault with officers struggling to do their duty in this far off land.

The Marshal questioned the logic in approving the expense account on October 12, of 1892, and then reviewing it again on January 7th. His conjecture was that this came about:
Simply from the fact that some clerk probably in the Comptrollers Department thought he had discovered something that would redound to his everlasting fame and hence all the trouble about the legimate (sic) expense of taking 5 U.S. prisoners to San Quentin.

Marshal Porter closes his letter with the inference that, if necessary, he will call upon the assistance of the Oregon Senators to resolve the matter in his favor (Appendix KKK). On June 24, 1897, the Act of 1884 was amended to relieve the Marshal of his duties of Surveyor-General; to provide for an officer of the General Land Office to perform these functions; and divide Alaska into two land districts. On August 18th, Marshal Shoup reacted to this legislation by advising the Attorney General that the newly appointed Surveyor-General had not arrived at Sitka and it was his opinion that the Marshal had no legal authority to act in this capacity. He observed:
As the Act (of 1884) has been repealed and the repealing Act does not provide that the

U.S. Congress, House, Temporary Government for Alaska, 51st Cong., 2nd Sess., Report No. 3698, Feb. 5, 1891, p. 3.

101

Marshal shall perform the duties of Surveyor-General until a Surveyor-General is appointed and enters upon the duties of his office, it appears to me that none] of the provisions of section 2222 R.S. apply in this instance, and that the Marshal of Alaska can no more perform the duties of Surveyor-General than he could if the said Act of May 17, 1884,- had never been enacted. (Appendix LLL).

The issue was not resolved by administrative decree, law nor arrival of the new officer. On May 14th of 1898, homestead laws were extended to Alaska, timber sale for actual use was authorized, mining rights were extended to Canadians, and additional land districts were created. The size of the land which could be home steaded was reduced, from the 160 acres allowed in all other portions of the United States, to only 80 acres. This would have been a significant piece of legislation had it been implemented. However, the Surveyor-General had not yet arrived, the Marshal had abandoned these functions and the Act provided that only surveyed land could be homesteaded. On May 21, 1900, Congress again provided for the purchase of land at the rate of $2.50 per acre but this too applied only to surveyed lands. On June 6th further provisions for civil government were provided for Alaska. This Act extended the coal-land laws of Sections 2347 and 2352 of the Revised Statutes. The effect of this legislation was the prohibition of filing on coal land because such filing was only authorized on lands which had been platted and where an official U.S. Survey was filed and recorded with the General Land Office. As none of the land in Alaska met these requirements. the Commissioner of that office ordered on June 27, 1900, that no such filings would be accepted until the surveys were completed. W. L. Distin was appointed Surveyor-General for Sitka in June but had still not arrived in Alaska by August. Although it had been two years since passage of the homestead act, it was still impossible to obtain a patent to land in Alaska. These conditions continued and became a central issue in the subsequent controversy at Nome concerning mining claims.

The Military Arm of the Civil Government

The Act of 1884 designated the Governor as Commander in Chief of the Territorial Militia. While the title was impressive, the capabilities of this force were not. The Act of February 12, 1887 provided for arms, stores and equipment but did not authorize funds for organization, drill or transportation. On June 5, 1891, a militia was finally formed with three officers and forty-eight men participating on a voluntary unpaid basis. This force passed out of existence in less than two years. At no time, did the Territorial Militia significantly assist the Governor in preserving peace

and enforcing the law. Thereafter, it became the practice to appoint military officers to various civil positions to augment the authorized system of justice. As previously noted, the provisions of the Posse Comitatus Act were not applicable to Alaska. Marshal Porters letter of November 8, 1893, to the Marshal at San Francisco gives evidence of appointment of the Commander of the Revenue Cutter Service as a Justice of the Peace for Alaska (Appendix MMM). Marshal Shoup in September of 1897, called upon the Secretary of Navy to provide a Gunboat to lie off shore at Juneau during a forthcoming term of court to prevent an anticipated jail break.
There will be at least seven murder trials at the said term of Court. Two of the defendants were released last winter from the Juneau Jail, by force, and one deputy marshal was killed and two others severely wounded before they were recaptured. A large sum of money has been subscribed by friends of these defendants to be used in their behalf and there is a strong probability that another attempt will be made to release them by force, should they be convicted. I am confident I can prevent their release or escape, but if the Gunboat is stationed at Juneau, the expense will be much less, and I am of the opinion that no attempt will be made to release them if the War Ship is there at that time, as recapture would surely follow. (Appendix NNN).

*****

Considering the major difficulties that had to be overcome in preserving law and order in Alaska, one is struck by the unending patience of successive United States Marshals in communicating with the Attorney General in Washington. In a land where the Marshal was required to enforce prohibition, seize vessels engaged in illegal fur activity, chase pirates, survey the land, enforce the laws of the United States and of Oregon in addition to working without the benefit of transportation, funds, jail or office facilities, law books, or instructions; in this literally lawless frontier country which was ice-bound three fourths of the year, decorum was nevertheless preserved by composition of formal, stylized letters after the mode of the nineteenth century in response to requests which could only have been considered as a product of a deranged mind.

CHAPTER V GOVERNMENT OF THE BERING SEA BY THE TREASURY DEPARTMENT

Discovery of the Fur-Seal

Russias primary interests in Alaska had been her investments in the fur trade industry. The Aleutian Chain extending hundreds of miles from the mainland into the Pacific Ocean had long been a source of valuable furs. Fur-seal were noticed seasonally passing through the straits of the Chain bound Northward. There were also persistent rumors in the late 18th century of islands located to the north of Ounalaska in the Bering Sea. It was speculated that these islands, if in existence, were the breeding grounds of the fur seal. With the decline of furs on the Chain due to the indiscriminate slaughter by the Russian fur-traders, thoughts turned toward the seal herds as a source of revenue. In the summer of 1786, Gerassim Pribilof of the fur company of Lebedev and Lastochkin sailed to the North in search of such islands. After three weeks, the fog lifted sufficiently to reveal the bluff of an island on June 12th. Pribilof named the island Saint George after his ship. He left several Aleut hunters on the island to kill seals and returned to Ounalaska. Pribilof returned to Saint George the following summer and on June 29, 1787, the fog again rose to disclose another island lying to the northwest some forty miles distant. He named this island Saint Paul because the day of discovery was Saint Pauls Day according to the Julian Calendar. Further exploration revealed that there were three additional islands in the group. Three miles off the Southwestern tip of the triangular-shaped Saint Paul Island a small rocky island was found to serve as a breeding grounds for the hair-seal. Just beyond the hair-seal island was found another covered with otter. To the north of Saint Paul, the walrus were located in abundance on yet another small island. The fur-seal were confined to the two major islands; perhaps eighty per cent of the herds on the larger island of Saint Paul. These various species peacefully co-existed only to the extent that they remained in their separate but equal facilities. The invasion of the rookery (breeding grounds) of another group meant certain death. The hair-seal were of no commercial value at that time. The otter carried a valuable pelt but were small in numbers, difficult to kill on the island and sank when shot in the water. The walrus contributed a commodity in demand by yielding their tusks to the hunter. But, by far the richest potential resource on these islands was the fur-seal. They were numerous, easily killed by

club on land, and provided a marketable skin. During the first season, the islands yielded 40, 000 fur-seal skins, 2,000 otter skins and over seven tons of ivory.102 The otter, hair-seal and walrus are common to many regions of the world. However, the fur-seal with minor exception, are found nowhere outside the seal islands. They leave the islands each fall and migrate down the western coast line of North America having been seen as far south as San Francisco. But, they are not known to touch any land until their return to the Bering Sea each summer to give birth to their pups and mate before continuing the cycle of migration. The only other place the fur-seal are known to exist is on a rocky protrusion rising off the shore of South Africa. Man has not devised a method of approaching this sanctuary without precipitating exodus into the sea. Therefore, they continue to flourish in a small herd limited only by the feeding grounds and natural predators. As word spread of the abundant new source of furs, keen competition developed between those seeking to secure the pelts. The Russian companies maintained some effort to perpetuate the herds by selective harvesting. However, toward the end of the Russian period ships of many nations were killing seal on the islands, at sea and along the route traveled by the herds in the late spring and early fall going to and from the seal islands. The Americans were well aware of this source of revenue. Indeed, this was the single factor that motivated many Congressmen to vote in favor of the Russian-American treaty by which the Territory was transferred to the United States. The Revenue Cutters of the Treasury Department were the first extension of the American Government to Alaska. By 1867, the Russians had abandoned the seal islands. While the government of Alaska was in a nebulous state between March and October of that year, many sealers journeyed to the Bering Sea to conduct uninhibited slaughter of the animals. Whereas it had been the custom to kill only two-year old bachelors, the fleets of that summer killed anything with a hide. It was unfortunate that neither the Russian Governor nor the American authorities were disposed to exercise control during this period which coincided with the return of the seal herds to the islands.

Efforts to Protect the Seal Herds

In reaction to this exploitation, the government moved to protect its interest in the only industry considered to be of value. As this was a matter of revenue to the United States, the Treasury Department was selected to provide this protection. On September 4th of 1868, the Secretary of the Treasury dispatched H. H. McIntyre and Captain Charles Bryant to the seal
102

Bancroft, H. H. History of Alaska, 1730-1885, p. 192.

islands for the purpose of conducting a survey of the resources there and make recommendations for development of the income therefrom. Based on this report, officers of the Revenue Cutter Service were sent to the islands, (renamed the Pribilof Islands), each summer. Regulations were promulgated by the Treasury Department to insure collection of revenue on skins taken on the islands. At the close of the season in 1869, Captain Bryant rendered a report to the Department of his activities on behalf of the government. In reviewing this report, it was noted that there accrued no revenue to the United States from the killing of seals on the Pribilofs. Further inquiry revealed that in fact the officers had collected no revenue for the three years they had been stationed there. It was explained that the regulations had been interpreted as being applicable only to those skins taken from the fur-seal for trade with the Indians. Although hundreds of thousands of skins had been taken, there was no tax levied on them because they were to be taken out of Alaskan waters for sale. The only function performed on behalf of the government was that of recording the number of seals taken; and the value of this was only to indicate the amount of revenue lost to the United States. On February 13, 1869, the Secretary of the Treasury ordered John F. Miller, Collector of Customs at San Francisco, to clear the Hutchinson, Kohl and Company vessel Alexander for the Pribilof Islands. He was also instructed to take with him two trust worthy inspectors and remain on the islands until relieved by officers of the Revenue Cutter Lincoln. Customs officers at the port of shipment in San Francisco, California, Portland, Oregon and Port Townsend, Washington had. failed to restrict the shipment of distilled spirits, firearms or ammunition into Alaska. As Alaska was still considered to be Indian country, the Treasury Department sought to enforce the laws pertaining thereto. In February of 1869, additional restrictions were placed on vessels cleared for Alaskan waters. To ship any of these contraband items to Alaska in the future, it was necessary to obtain approval of the Commander of the Military Division of the Pacific in advance. The Act of March 3, 1869 declared the islands of Saint Paul and Saint George to be special reservations and placed them under the supervision of the Treasury Department. It is not too difficult to reconstruct the reasoning which preceded this decision. What is somewhat less clear is the rationale behind the Congressional decision to assign the responsibility for enforcement of this act to the War Department. The Infantry Company stationed at Fort Kodiak was transferred to Saint Paul on May 4th with instructions to support the Revenue Officers, enforce the laws of Congress and maintain order. Trading vessels were prohibited from landing on the islands for the first time. The killing of seals was restricted to the number actually required for subsistence of the Aleuts living on the islands The Alaska Traders Protective Association was formed, with C. J. Janson as President, on May 3rd of 1869. The purpose of this organization was to combat alleged restraint of trade

by the Revenue Officers and the Hutchinson Company. During the winter of 1869-1870, there were increasing reports of discontent by merchants concerning the manner in which trade was being conducted in Alaska. Vessels of Hutchinson, Kohl, and Company were cleared for the Bering Sea by the Customs Collector at Sitka with no difficulty while vessels of other companies were detained. Revenue Officers caused excessive delays in clearing these other vessels for Alaska, seized them in Alaskan waters, required exhaustive searches lasting several days and then returned them to San Francisco on charges of smuggling where, with rare exception, the accusations were not sustained in court. By this time, it was usually too late to make the voyage to the Pribilof Islands. The effect of these tactics was to close the Bering Sea to all but Hutchinson, Kohl and Company. It was reported that hundreds of thousands of dollars in fur-seal skins were taken out of Alaska illegally by this company with the connivance of the Revenue Officers. The assignment of the Army to Saint Paul was in keeping with traditions of the service in Alaska. Every post in Alaska at that time, Fort Wrangell, Fort Tongass, Sitka and Fort Kodiak, were all located on islands. The troops were able to prevent depredations on the island of Saint Paul but no transportation was provided to protect the seal in the sea or those located on Saint George. Hunters continued to take seal from this island and from the sea as the Army musket did not pose much of a threat beyond the surf. The Revenue Cutter which transported the military to Saint Paul represented the last voyage to the Bering Sea by this service for the next six years.

Lease of the Pribilof Islands.

With the inability of the Army to control the taking of seals, the depletion of the herds, increasing criticism of the Revenue Officers, and the desire to realize some income from the Territory, Congress was moved to take action. Lobbyists of the Alaska Commercial Company103 had persuaded the Congressmen that the only salvation for the fur-seal would be a long-term lease of the islands to a reputable firm which would protect the herd while producing revenue for the U.S. Treasury. On July 1, 1870, legislation was enacted to provide protection of the seal industry. What it did in effect was guarantee a monopoly of this resource to Hutchinson, Kohl and Company. This act authorized the Treasury Department to lease the islands for a twenty year period from May 1, 1870; restricted the kill to 100, 000 seals each year; and required a yearly rental of

More commonly known as the A. C. Company. This firm was incorporated by Hutchins on in 1869 with $2, 000, 000 in assets accrued principally from the profit realized in the sale of merchandise obtained from the Russian-American Company at Sitka two years previously.

103

no less than $50, 000. The Act further provided,

The lease to be made immediately after the passage of the act to the best advantage of the interest of the Government, the native inhabitants, the parties heretofore engaged in the trade, and the preservation of the seal fisheries.104

The day after enactment, Secretary of Treasury George S. Boutwell advised the Attorney General that the lease would be awarded to the highest bidder. Although officers of the A. C. Company contended that Congress had passed this legislation for their specific benefit, Boutwell published an invitation to bid on July 8th setting July 20th, 1870 as the time for opening of bids. On the 20th, the respective bidders gathered in the offices of the Secretary of Treasury at Washington. Prior to the opening of the bids, a memorandum was read to those present setting forth additional requirements. First, the successful bidder would be required to post a performance bond of $50, 000 within three days after the awarding of the lease. Secondly,
It being apparent from the language employed in the act aforesaid that it was the intention of Congress to give a preference to the Alaska Commercial Company in the award of their contracts, I think it proper to state, before the bids are opened, that the contract will be awarded to the said company if their proposal shall be not more than ten per cent below that of the highest bidder. (Emphasis added).105

Thirdly, the bids of irresponsible parties would be rejected if it appeared that the contract would not be fulfilled. Fourteen bids were opened. They ranged from a high of $227, 500 per annum by Louis Goldstone of San Francisco, to a low of $65, 000 per annum by the Alaska Commercial Company. Hearings were conducted by Secretary Boutwell before Attorney General A. T. Akerman for one week to test the sufficiency of the bids. On July 29th, Akerman awarded the lease to Goldstone et al. Goldstone contacted the Treasury Department the next day for a copy of the lease and was advised the contract had been awarded to the Alaska Commercial Company under the same terms as Golds tones bid. This proclamation was rendered by Acting Secretary William A. Richardson in the absence of Mr. Boutwell who had left unobtrusively for Massachusetts. The lease drawn in favor of the A. C. Company was signed on August 3rd and delivered to the company on August 31st of 1870. Captain Charles Bryant, Special Agent of the Treasury Department, was in charge of the seal islands from July 10th of 1870, until his departure on the steamer Constantine on October 19th. Stephen N. Buynitzky of the Secretary of Treasurys office in Washington arrived on Saint

U.S. Congress, Senate, Letter from the Secretary of War, 44th Cong. , 1st Sess. , Ex. Doc. No. 12, Jan. 6, 1876, p. 23.
105

104

Ibid. , p. 23.

Paul on August 31 to insure proper implementation of the lease and to report on the fur-seals. He was placed in charge of Saint George pending the arrival of officers of the A. C. Company. The A. C. Company steamer Constantine arrived at Saint Paul on October 9th bringing, in addition to company officers, one Samuel Falconer former acting collector of customs at Sitka. Falconer had resigned from the Customs Service previously to accept employment with Hutchinson, Kohl and Company. Falconer claimed to have resigned from the company and requested appointment as a Treasury officer. It was assumed the official letters from the Department relative to the duties of special agents on the seal islands were mis sent to Kodiak and the only instructions to guide Bryant were assurances of the ships Captain that Falconer was to be appointed as special agent. Therefore, Captain Bryant appointed him assistant special agent in charge of Saint George to relieve Buynitzky on October 10th. Captain Bryant proclaimed the lease to be in effect on October 10th, appointed Buynitzky to be in charge of the islands during his absence and departed for Washington by the Constantine on October 19th. He returned to duty at Saint Paul in the spring of 1871 to find that instructions for the agents had not yet been received. In May, he wrote to the Department indicating that the latest steamer had arrived with no instructions and it must be assumed that these were mis-sent to Sitka. As no vessel sailed between Sitka and Saint Paul, it would be necessary to wait for a year or more for the mail to be re-routed through San Francisco.
In the absence of any instructions, I shall be guided by a certified copy of the act of Congress authorizing the lease and the conditions of the lease, as given me by the company. . (Appendix 000).

Captain Bryant was wrong. The mail had been mis sent to Kodiak instead of Sitka and it was not to be one year but four and one half years later that he would receive the Departments instructions regulating the duties of special agents on the seal islands (Appendix PPP). During the summer and fall of 1871, the Alaska Commercial Company had made numerous requests to the Treasury Department for permission to occupy the vacant government buildings at Fort Yukon. The company intended to use the seal islands as a headquarters for its Alaskan operations to expand activities in the fur trade to the mainland. On January 25, 1872, Secretary of the Treasury Boutwell authorized the A. C. Company to occupy the buildings at Fort Yukon in return for an annual rental fee of $100. 00. On March 5, 1872, Congress passed legislation dealing specifically with salaries and appointment of agencies to manage the seal islands. It authorized one agent at $10 per day, one assistant agent at $8 per day, and two assistant agents at $6 per day each. This act also provided $6, 000 for the construction of two customs houses; one on Saint George and the other on Saint Paul. The stimulus for this bill was the fact that the agents on the seal islands shared living quarters with officers of the A. C. Company and were totally dependent upon them for supplies

necessary for subsistence on the islands. Captain Bryant returned to the islands in May of 1872 to assume responsibility for the seal herds during the new season. Treasury agent Henry W. Elliott accompanied Bryant to Alaska to serve as his assistant on Saint George.106 In May of 1873, Elliott returned to Washington from the seal islands to prefer charges against Captain Bryant for improper management of the islands. While in San Francisco, the Anti-Monopoly Association of the Pacific Coast had been formed with Charles Leege as secretary to protest the alleged maltreatment of the natives and exploitation of the seal herds by the A. C. Company.107 On March 24, 1874, the Act to prevent the Extermination of Fur-Bearing Animals in Alaska was passed. This Act amended the Act of July 1st, 1870 to authorize the Secretary of the Treasury to dsignate the months of taking the seals and also to limit the number of seals taken. Reports of abuse of natives, illegal trade and near extinction of the seal herds by the A. C. Company increased in volume in 1873 and 1874. West coast publications continued to protest the exploitation of Alaska, its inhabitants and its resources by this company. As a resuli of growing concern, Congress directed the Treasury Department, on April 22, 1874, to investigate the resources of the fur trade and the conditions of the natives in Alaska. Special Agent Henry Elliott was recalled from his post in Cleveland, Ohio, and appointed on May 4th as a special agent for the Government to conduct this investigation and render a report to Congress. Lieutenant Washburn Maynard of the U. S. Navy was ordered to transport Elliott as far as the Pribilof Islands and to make his own independent evaluation of the seal industry in relation to the Government lease with the A. C. Company. Elliott was instructed to survey conditions throughout the mainland, evaluate the performance of the leasee on the Pribilof Islands and return with the company steamer in the fall.108 Elliott complied with his instructions and wrote his report on November 16, 1874 concerning the activities of the A. C. Company while en route to Washington Territory aboard the Alexander as a guest of the Alaska Commercial Company. His voluminous report dealt with many aspects of Alaska. He expressed great concern over the lack of provisions for government
During 1872, the A. C. Company officially took 96, 069 seal skins from the Pribilof Islands and paid a tax of $252, 181. 12 to the Treasury Department. During the summer of 1873, Hutchinson, Kohl and Company officially merged with the A. C. Company and declared dividends of $1,300, 000. In the interim, William Gouverneur Morris was appointed Special Agent in charge of Alaska on August 4th and stationed at Port Townsend, Washington Territory.
108 107 106

in Alaska and made several suggestions for improvement of conditions. He recommended that the port of entry for Alaska be relocated to Kodiak; the exchange of duty stations by the respective Collectors of Customs at Sitka and Kodiak; and, replacement of the sailing cutter assigned to the customs district with a small steam-powered revenue-cutter. Elliott further recommended that the jurisdiction of the courts of either Oregon or Washington be extended to Alaska; the extension of mining laws to Alaska, and the appointment of a government agent to be responsible for Alaska. His recommendations concerned all of Alaska with the exclusion of the Pribilof Islands which he felt should be continued under the management of the Treasury Department. He estimated the cost of implementing his suggestions at only $150, 000; about one half the annual income realized by the Treasury Department from the seal islands. If Elliott had stopped at this points his report would have had some validity. However, he proceeded to extol the virtues of the Alaska Commercial Company in an extreme laudatory manner; for which there was no justification as demonstrated by subsequent investigations. He also described in detail conditions in villages that he had not approached within 500 miles. The value of his report was diminished considerably by the cursory treatment of conditions on the seal islands and Interior Alaska. The exodus of Treasury officers from the Customs Service to Hutchins on, Kohl and Company (Alaska Commercial Company) lent some credibility to charges that there had been a collusion between the revenue officers and the fur company prior to the lease of 1870. In fact. the officers had in many cases been employed concurrently by the Treasury Department and the fur company. By January of 1875, the roster of company officials was prolific with the names of former Treasury officers. Included were W. S. Dodge, collector at Sitka; Samuel Falconer, acting collector at Sitka; William Kapus, collector at Sitka. General John F. Miller, San Francisco collector of customs sent to the islands in 1869 by the Secretary of Treasury, became the President of the Alaska Commercial Company and was the power behind the initial lease legislation. The ultimate in sophistication of assuring a compatible working relationship between the fur company and the government was achieved in 1875. H. H. McIntyre resigned as special agent for the Treasury Department at Saint Paul to become General Agent for the A. C. Companys operations on the two islands; Bengamine G. McIntyre became the resident agent in charge of Saint George; and, the special agent of the Treasury Department assigned to Saint George for the purpose of forcing the company s compliance with the lease and the law: William J. McIntyre. With the exception of occasional family disputes, conditions progressed quite well--for the company. Bengamine McIntyre did not, however, endear himself to the natives on Saint George by his actions in relation to the school system.

The A. C. Company was to provide education for the natives on the islands. Schools were established and McIntyre became the self appointed truant officer on the island. His methods were crude, but effective. The natives lived in terror of his wrath when a child was absent from school. The punishment imposed was to place the parent of the offending student in leg irons and chains and lock him in the damp, dark and dingy dungeon in the basement of the company house on a diet of bread and water. The duration of this period of penance depended upon the disposition of McIntyre. Armed with a .45 caliber pistol he would break into the home of a truant child place the father in irons and march the pupil to the school. School absenteeism dropped remarkably during McIntyres tour on Saint George.

Importation of Firearms
President Andrew Johnson by order of August 2, 1868 had prohibited the introduction of firearms into Alaska. This was rescinded on February 20, 1869. The use of breech loading rifles and ammunition by the A. C. Company for slaughter of the seals and trade with the Indians prompted a proclamation by President Ulysses Grant. On February 8th of 1870, he prohibited the introduction of distilled spirits into any part of Alaska or the shipment of firearms and ammunition to the Pribilof Islands. On September 9th of that year, President Grant modified this order to permit the A. C. Company to take a limited number of firearms and ammunition to the seal islands; subject to the regulations of the Treasury Department. Major J. B. Campbell, commander of the Alaska Military District, complained to the Department of Columbia, in Oregon, on April 19, 1875, that the Alaska Commercial Company had established twenty-three trading posts along the coast and was engaged in trading whiskey and breech-loading rifles to the Indians for furs. This report was referred to the next headquarters for action. General John. M. Schofield, commander of the Military Division of the Pacific, noted that no legislation had been enacted by Congress since the Act of July 27, 1868, which had extended the U. S. customs laws to Alaska. Subsequent Presidential proclamations had only confused the matter. A. B. Shannon, Collector of Customs at San Francisco, advised General Schofield:
I know of no subsequent act of Congress or proclamation placing any restrictions upon importation of fire-arms to any other portion of the Territory.109

In an attempt to resolve the dilemma, President Grant gave his approval to the joint policy statement of

U. S. Congress, House, Alaska Seal-Fisheries, 44th Cong. 1st Sess. , Ex. Doc. No. 43, Jan. 5, 1876, p. 137.

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the Secretaries of War and Treasury of July 3, 1875. This statement advised the Collectors of Customs that the importation of breech-loading rifles and ammunition into any portion of Alaska subsequent to that date was absolutely prohibited.

The Return of the U. S. Marine Revenue Service

Captain J. W. White took a Revenue Cutter into Alaskan waters in 1875 for the first time in six years. In his report of the visit to the seal islands, he commended the operations of the A. C. Company and the performance of Captain Bryant who had survived attacks by Elliott. The Corwin made annual trips to the Bering Sea for several years. In the spring of 1884, Congress was debating the civil government bill for Alaska. Herein, the Secretary of Treasury saw an opportunity to beach the Corwin which should have been salvaged seventeen years previously when Captain Selden had doubts about it ever making the journey to Sitka from Port Townsend. On April 8th, the Secretary reported to Congress on operations of the Revenue Marine Service in Alaskan waters. Captain M. A. Healy, commander of the Corwin " was assigned to rescue missions in the Arctic. During the previous four years, he had transported over 150 shipwrecked mariners out of that region to safety in Washington. Other duties performed by the Department in that area included supervision of the seal herds, protection of the whaling fleet, maintenance of peace among the natives along the coast and prevention of smuggling and illicit trade in rum and breech-loading arms. To complete this mission, it was necessary for the Corwin to carry 35 to 40 tons of coal on her deck in addition to the 65 tons in the bunkers in order to reach the only coaling station in Alaska; Ounalaska, 2, 100 miles distant from San Francisco. From that point, it was a 4, 800 mile round trip to Point Barrow. The Secretary of Treasury urged Congress to provide a more sea worthy vessel to perform this necessary service to Western Alaska. Congress responded in traditional fashion and the "Corwin" continued its pilgrimage to Point Barrow for many more years. The Act of 1884 gave the Governor responsibility over the Pribilof Islands. He was required to render annual reports to the President on the activities of the Alaska Seal and Fur Company on those islands. In his report of November 1st, 1885, Governor A. P. Swineford observed that no such company existed in Alaska. He assumed the intent of Congress was that he inquire into the operations of the Alaska Commercial Company but noted the impossibility of rendering a report as neither funds nor transportation had been allocated to comply with this mandate (Appendix Z). Again in 1886, the Governor reported that he still had no method of gathering material for this inquiry at the Pribilof Islands. By the next year, many reports had been relayed to him by the Marshall and Revenue officers. In his annual report of 1887, he charged the A. C. Company with enslavement of the natives and violation of the conditions of the lease. As a result of this report, the Speaker of the House of Representatives was authorized on January 23, 1888 to appoint a committee of five members to investigate the operations of the A. C. Company, determine whether

the lease should be terminated and explore the feasibility of the government operating the fur-seal industry.110 The House Committee concluded its investigation into the lease of the Pribilof Islands and reported to Congress in January of 1889. The principal witnesses appearing before the committee were Treasury Agent Elliott and agents of the Alaska Commercial Company. The hearings were held in Washington; some 5, 000 miles from the conditions under investigation. The committee exonerated the A. C. Company from any previous misconduct and recommended continuation of the current lease which was to expire in May the following year. The Senate was unimpressed by the findings of the House committee and passed a resolution on January 6, 1890, requesting the Secretary of Treasury not to execute a new lease of the seal islands on the assumption it would probably be awarded to the Alaska Commercial Company. This was considered objectionable due to past performance of the company. Nevertheless, a new lease was executed; this time with the Northern America Commercial Company. This company bought the holdings of the Alaska Commercial Company and the transfer was made at Saint Paul on May 24, 1890. George Tingle, special agent for the Treasury Department at that station, resigned to become superintendent of the new company on the islands. In 1886, the Corwin seized three Canadian vessels in the Bering Sea over 60 miles from the nearest land. The ships were beached at Ounalaska, stripped of rigging, and the cargo of seal skins turned over to the Marshal. The ships officers were taken to Sitka where they were fined and imprisoned. This action recurred each year with other vessels until twenty had been seized. There was strong opposition by the British to the American attempts to close the Bering Sea to foreign vessels. An international tribunal of arbitration of the controversy was held in Paris between March and August of 1892. Even while negotiations were conducted, the most extensive effort to exclude other nations from the Bering Sea was launched. With no vessel assigned to the officers on the Pribilof Islands, they could only protect the seal herds within the range of rifle shot from the shores of the two islands. Vessels were entering the Bering Sea in increasing numbers and killing seal in the water. The seal population on the islands continued to decrease each season and there was concern that they would find other breeding grounds or soon become extinct. As a result of these alarming conditions, a fleet was sent to the area on April 25, 1892, to warn all vessels not to enter the Bering Sea for the purpose of sealing and to seize all vessels found to be sealing within the prohibited waters. The fleet under the command of Commander R. D. Evans was composed of the Naval vessels Yorktown, Mohican, Adams and Ranger; and, Revenue Cutters Corwin, Rush and Bear of the Treasury Department. Between May 13th and October 1st, the fleet cruised 63, 000 miles, boarded 98 of the 135 vessels found

Income to the Federal Government from taxes on the seal skins and lease of the islands between 1871 and 1887 was over $5, 000, 000 while expenditures incidental to government supervision of the operations was less than $300, 000 for the same period. Contraband seal skins sold on the market were: 13, 000 in 1885; 25, 000 in 1886; and 34, 000 in 1887. All of these were taken from the sea and represented only a fraction of those destroyed but which sank in the sea. It was estimated that this unauthorized killing of seal resulting in a loss of 750, 000 skins worth $2, 000, 000. Between 1870 and 1890, the value of a seal skin rose from $2. 50 to $30. 00. These facts intrigued Congressmen who were anxious to recover a portion of the losses incurred by acquisition of Alaska.

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in the waters of the Bering Sea and recovered 467 seal skins. The Coquitlan, a supply ship for the British vessels sailing out of Port Etches, Canada, was captured and ordered to clear the waters. The Henrietta and the "Winifred of American registry were seized and sent to Sitka for condemnation proceedings. In 1893, the international tribunal, composed of seven members of which only two were American, ruled that the American contentions of jurisdiction over the Bering Sea were without foundation in International Law, that foreign vessels had an inherent right to freedom on the high seas, and that the United States be required to pay damages to the injured parties in the amount of $473, 151. And, so it continued until after the turn of the century. The special agents counted seals in the eternal fog of each summer and watched the Arctic ice pack surround the islands each winter, thus isolating them from any communication with the outside world. The Corwin struggled through the heavy seas each summer on its resupply mission and the commander noted the increasing number of carcasses of seals shot at sea that were left on the beaches to rot by the receding tide.

CHAPTER VI GOVERNMENT OF INTERIOR ALASKA

Concurrent Jurisdiction on the Upper Yukon River

There were continuing reports of encroachment by the Hudson's Bay Company into Interior Alaska after acquisition. It was never abundantly clear where the line of demarcation between Alaska and Canada actually was located. On February 3, 1869, Secretary of State Seward urged President Johnson to press Congress for action in Interior Alaska. The Secretary of War had complained of the Hudsons Bay Company trading post located at Fort Yukon well within the Territory of Alaska. Seward suggested the establishment of a District Court there to provide a local judiciary.
It does not adjoin any other territory of the United States. The expedient heretofore employed of annexing such new and sparsely settled Indian country to some established territory for judicial purposes is impracticable in this instance, because offenders could not be transported to the place of trial without passing beyond the jurisdiction of the United States, or being conveyed by sea to Oregon or California. (Appendix QQQ).

In explaining to General Schofield the law relating to Indian Country, Seward clearly spelled out the duty of the military. The Constitution invested power with Congress to regulate commerce with Indian tribes. That Alaska was Indian Country was established doctrine by 1869. He described the Act of 1834 which provided for a fine and imprisonment for anyone entering Indian Country without a passport from the War Department and that all trade with the Indians was prohibited.
Finally, that the superintendent of Indian affairs, and Indian agents, and sub-agents, shall have the authority to remove from the Indian country all persons found therein contrary to law, and the President is authorized to direct the military force to be employed in such removal. These provisions seem to be all that can be necessary in the way of legislation to prevent the encroachments of the Hudsons Bay Company, alleged by Mr. M. F. Smith, Jr. Of the practical difficulties in the execution of these provisions you have better means of judging than has this department.111

Captain Charles W. Raymond of the United States Army at San Francisco was designated as acting Inspector of Customs on April 5th of 1869 and assigned to the Youkon (Yukon) River. He arrived at Michaelovsky (Saint Michael) on June 29th and departed for Fort Youkon on August 28th to enforce the Revenue laws of the United States for the first time in the Interior. Captain Raymond arrived at Fort Youkon to discover the Canadian flag flying over the Hudsons Bay Congress, House, Message of the President of the United States, 40th Cong., 3rd Sess., Ex. Doc. No. 42, Feb. 5, 1869, p. 3.
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Company post there.

On the 9th of August, at 12M, I notified the representative of the Hudsons Bay Company that the station is in the territory of the United States, that the introduction of trading goods, or any trade by foreigners with the natives, is illegal and must cease; and that the Hudsons Bay Company must vacate the buildings as soon as practicable. I then took possession of the buildings, and raised the flag of the United States over the fort.112

During the military rule of Alaska, no attempt bad been made to provide any form of government to the Interior of the Territory. For lack of transportation, the military was restricted to Southeastern Alaska and the Treasury Agents to the Pribilof Islands Lieutenant Schwatka noted the continued absence of any government in the Interior in his report of 1883. As previously noted, the civil government inaugurated in 1884 similarly lacked the capability for providing governmental machinery to the major portion of Alaska. Army expeditions were sent to Alaska again in 1885 and 1887 to explore the Copper, Tanana and Koyukuk Rivers. In addition to charting the streams and recording various scientific observations, the reports also noted the increase of mining activity in interior Alaska which forecast the need for some provisions of government to be extended over the remainder of Alaska. Congress took no action in response to these many requests for another decade. A grand jury was impaneled by the miners meeting at Circle City to investigate conditions there. Chairman George W. Morgan submitted the report to Governor James Sheakley on January 25, 1897 pleading for the establishment of a court in the Yukon Valley.
One reason we have for asking for a court to be established here is the enormous expense and length of time consumed in going to the present seat of justice. For instance, it would take one year for a witness to leave here and attend court in Sitka, thereby causing not only a great loss of time, but a great expense to himself, as he would not be able to return here until the next year.113

The Governor forwarded the Grand Jurys report to Congress and strongly urged the provision of another court to be located on the Yukon River in the Interior. U. S. Commissioners at Kodiak, Ounalaska, Sitka, Wrangell and Juneau constituted the local judiciary until the passage of the Act of June 4th, 1897. This act added four U.S. Commissioners and four Deputy U.S. Marshals to be located on the coast at Saint Michaels near the mouth of the Yukon River; at Unga, on the Aleutian Chain; at Dyea, at the beginning of the Chilkoot Trail leading to the Interior; and, at Circle City, on the Upper Yukon River. The mining camp of Forty-mile at the confluence of the Forty-mile and Yukon Rivers had a predominantly American population, which sent and received mail through the United States post office at the settlement. Yet, nine years later in 1888, it was decided that it was actually located in the Northwestern Territory of Canada. As late as 1893, there was neither a Canadian nor American Customs officer the entire length of the Yukon River. A miners meeting at Forty-mile in July of 1896, approved the sale of liquor to the white men while

Pike, Warburton, Through the Subarctic Forest, Edward Arnold Pub., London and N.Y., 1896, p. 223. U.S. Congress, Senate, Separate Judicial District in Alaska, 55th Cong., 1st Sess., Ex. Doc. No. 145, June 8, 1897, p. 2.
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prohibiting the conveying of same to Indians. The punishment proscribed was a warning for the first offence and hanging for the second. The recidivism rate for third offenders was quite low. The same month Canadian authorities stationed Mounties and a customs officer at this mining camp to maintain law and order. The next step taken to provide some form of government for the Interior followed shortly thereafter on the American side of the border.

Discovery of Gold at Dawson City

Ten days later, the Excellsior arrived in San Francisco from the Klondike with more than $750, 000 in gold dust. Three days later, the Portland arrived at Seattle bringing an additional one million dollars in gold dust from the strike in Canadas Northwest Territory. Every conceivable vessel was pressed into service to provide passage for the multitudes swarming north to the gold fields. In anticipation of a great influx of men to the Yukon following the arrival of the Excellsior at San Francisco, the Northwest Mounted Police increased their force of 25 officers to a total of 75 along the trails and rivers leading to the gold fields. The United States Marshal made an abortive attempt at the same time, to send a lone Deputy Marshal to the newly created station at Circle City to handle the situation on the American side of the border. The Texas Rangers had a policy of sending only one Ranger to settle lawlessness in a single town. The Marshal wrote his own corollary to this axiom by assigning to this sole deputy the awesome responsibility of enforcing the law in a territory consisting of over 500, 000 square miles. Shortly after his arrival at Sitka, Marshal Shoup dispatched Deputy Marshal J. J. Rutledge in August of 1897 to Circle City. Due to the lateness of the season, it was necessary for Rutledge to travel through a foreign country, Canada, a distance of some 1, 000 miles, on foot. This was the last time the Marshal ever heard from him. Subsequent reports of miners returning from Dawson City in the Klondike revealed that he had in fact left Skagway and traveled over the Chilkoot Trail, but had gone no farther than that settlement where he decided to prospect for gold instead of continuing to Circle City. Due to the distance involved and the hardships of the Trail, even this information was not obtainable until five months later. During the interim, the Marshal had assumed the law was being enforced in the Upper Yukon region (Appendix RRR). Another reconnaissance of the Yukon River was ordered by the War Department in 1897. Lieutenant-Colonel G. M. Randall, Captain P. H. Ray and First Lieutenant W. P. Richardson, with 25 men of the 8th Infantry, arrived at St. Michael' s trading center on August 18th. U.S. Commissioner William Jones arrived on the same steamer (without any law books). A post was established at that place on September 9th, 1897, and was officially declared a military reservation on October 20th by the War Department114. Captain Ray and Lt. Richardson with a small detachment were sent up the Yukon on the last regular steamer of the season. The flood of miners from the States had resulted in a shortage of food and supplies at Dawson City. As a result of low water in the Yukon, shipment of additional supplies to that point was not possible for the rest of the year. A large number of miners fled Dawson City down the river to Circle City in search of food.

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The reservation extended for 100 miles in all directions from the flagpole at the fort.

Captain Ray arrived at Fort Yukon on September 15th and observed:

Up to the present time the laws in this country have not been enforced, nor does there exist any means of enforcing them. All questions in dispute, criminal or civil, including rights of property, have been and are now settled by miners meetings, which practice has proven satisfactory under the old conditions of simple dispute between honest men, but is ill suited to present conditions and those which will arise and must be met within the next twelve months.115

The Miners Code

The original settlers of the Interior were generally quite law abiding. However, with the Klondike Gold Rush, there was a great influx of human parasites who devoted all their skills and energies toward supporting themselves by using almost every know illegal stratagem to obtain the riches of the Northland without legitimate effort. As mining camps sprang up, it became obvious that some form of law must be established to compensate for the lack of mining laws, which had not been extended to Alaska, and the failure of Congress to provide civil government beyond Southeastern Alaska. Thus, the so-called Miners Code evolved, which was later recognized by statute for locating, recording and controlling mining claims. The miners meeting was the judge and the jury, with the majority ruling. There were only three punishments for criminal offenses: fines for minor infractions, banishment for assault and larceny, and hanging for murder. Miners meetings, crude but effective, persisted as a judicial body until firm establishment of civil courts after the turn of the century. Captain Ray arrived at Circle City on September 29th to be met by starving miners who took the law into their own hands by relieving the river boat captain of 25 tons of supplies destined for the Alaska Commercial Companys trading post at that location. These miners found themselves, on foot, 1250 miles overland from Juneau, 1770 miles by water from Saint Michaels and with no funds for buying supplies from the A.C. Company which did not choose to extend credit Captain Ray, lacking sufficient force to prevent the theft, protested the action of the miners as being unlawful. To this, the chairman of the miners group replied, Theres no law or any person in authority to whom we can appeal.116 Captain Rays further investigation revealed that the U.S. Commissioner destined for Circle City stopped in Dawson City to prospect (as did Rutledge) and never arrived at his duty station The Customs Collector, Ross, the only other government official assigned to the entire region, spent most of his time at Dawson also panning for gold. Vessels with less draft attempted to transfer supplies from the larger steamers to the mining district up the shallow Yukon River. They were thwarted by early ice on the river and forced to land their cargoes at Fort Yukon. Over 600 tons of supplies destined for the Klondike were thus cached 1, 000 miles from the pre-paid point of delivery. The fact that they were not abandoned at St. Michaels, another 1,000 miles distant, was due solely to the bold, albeit unlawful, insistence of Colonel Randall at that place.

U.S. Congress, Senate, Separate Judicial District in Alaska, 55th Cong., 1st Sess., Ex. Doc. No. 145, June 8, 1897, p. 10. Berton Pierre, The Klondike Fever, the Life and Death of the Last Great Gold Rush, Alfred A. Knopf, N.Y., 1960, p. 176.
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In his final report of the season, Captain Ray commented on problems at his post, not the least of these being the fact that he was icebound until the following summer, and stated his plan to convey the supplies from Fort Yukon by dog team to Circle City after freeze-up. He estimated each trip would take about one month. He later abandoned this scheme after calculating the net result of one trip per month with a single dog team would consume the equivalent of a sled-load of rations during the round trip journey. He therefore sent an Army Private down river carrying his last desperate message, with the assistance of Indians along the way, nearly 1,800 miles overland to St. Michaels. The message: a recommendation for the importation of 500 reindeer from Lapland to be driven over the Chilkoot Trail out of Skagway to prevent certain starvation of a majority of the inhabitants of Interior Alaska and the Klondike.117 The reports of conditions in Interior Alaska arriving in Washington in the late fall gave impetus to a growing feeling that the Army should return to Alaska in its former capacity. The President, in his message to Congress on December 6th of that year, urged legislation to modify the law to provide for a military government to supplement the existing civil government.
The Territory of Alaska requires the prompt and early attention of Congress. The conditions now existing demand material changes in the laws relating to the Territory. The great influx of population during the past summer and fall, and the prospect of a still larger immigration in the spring, will not permit us to longer neglect the extension of civil government within the Territory or postpone the establishment of a more thorough Government. . . I concur with the Security of War in his suggestion as to the necessity for a military force in the Territory of Alaska for the protection of persons and property.118

Relief Expeditions to the Interior

The Senate promptly responded by ordering the Secretary of War on December 9th, 1897, to submit a complete report on the lack of supplies for American citizens along the Yukon River. Major L. H. Rucker of the 4th Cavalry and Lieutenant R. Field of the 14th Infantry were dispatched by the War Department from the Military District of Columbia on December 16th for the purpose of investigating conditions and gathering information at Dyea and Skagway preparatory to sending a relief expedition to the Interior. On December 28, of 1897, the War Department ordered an expedition dispatched to Dawson City for relief of the starving miners. Captain B. Eldridge, First Lieutenant H. G. Learnard and fifty selected men of the 14th Infantry equipped for winter service arrived at Dyea on February 5, 1898. On the basis of reports of the increasing lawlessness by the stranded thousands at Dyea and Skagway, Colonel Thomas M. Anderson with four companies of the 14th Infantry was sent to preserve order at these two settlements. The District of the Lynn Canal was created on February 18th with Colonel Anderson commanding.

Dr. Sheldon Jackson introduced reindeer into Alaska in 1891. In 1894, he had returned from Lapland with seven families to take charge of the herds at Teller, a village 50 miles from Cape Nome. Captain Ray was aware of this which no doubt prompted his suggestion. U.S. Congress, House, Additional Military Posts in Alaska, 55th Cong., 2ndSess., Ex. Doc. No. 285, Feb. 5, 1898, p. 2.
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On February 21st, Governor John Brady appealed to Congress while the Senate was considering legislation to provide additional civil government for Alaska.
At the present the only government in Alaska consists of the governor, who has no revenue at his disposal, nor has he any power or authority, to raise revenue. His duties under existing law seem to consist in making an annual report of the condition of affairs in the district.119

Marshal Shoup had received word on January of 1898 that Rutledge never got beyond Dawson. On February 19th, he sought to eliminate a repetition of this occurence by appointing a resident of Circle City, F. M. Canton, to replace Rutledge as Deputy Marshal. The U.S. Commissioner, J. E. Crane, returned to Circle City from the gold fields long enough to report to the Marshal in March that he had taken his oath before Major Ray, an Army officer. In the absence of Rutledge and prior to appointment of Canton, Crane had appointed G. W. Dunn as Deputy Marshal, held court and incurred jail expenses for guard hire and board of the prisoners. The fact that Crane executed his oath before an Army officer instead of an officer of the civil court meant, in effect, that he was not. duly sworn as required by law, and hence all his actions as U.S. Commissioner were null and void. Whether legally a Commissioner or not, he had no authority to appoint a Deputy Marshal or incur jail expenses (Appendix SSS). To further complicate matters, the newly appointed deputy, Canton, would no doubt execute his oath before the pseudo-commissioner assuming him to be a qualified officer of the court; and thereby further contribute to the amassing number of unlawful acts at Circle City. Being unable to resolve the legalities of this complex matter, Marshal Shoup on April 4th forwarded to the Attorney General the entire bundle of papers relative to the unsuccessful efforts to establish law enforcement at Circle City. The Marshal urged that, because the parties had acted in good faith, they should be compensated; even if necessary to request a special act of Congress to remedy the situation120. The military was again called upon the fill the void created by the failure of Congress to provide proper law enforcement facilities in Alaska. Miners coming out of Dawson reported that, although rations were in small supply, there was no danger of starvation. It was decided that the military relief expedition to the interior was therefore unnecessary and it was abandoned February 28th of 1898. Most of the troops were reassigned to other duties in Alaska. Fort Wrangell was reopened. Troops were sent to explore the routes between the Yukon and Tanana Rivers. Other forces, starting in the South from Cooks Inlet and Valdez, moved inland toward Circle City to pioneer overland access routes to the Interior. The journey was completed by early summer and additional posts were established; Fort Gibbon at the mouth of the Tanana River, Fort Egbert at Eagle City and Fort Rampart on the Yukon River. That part of Alaska lying north of the 61st parallel was created as the Military District of North Alaska with headquarters at Fort Saint

U.S. Congress, Senate, Civil Government for Alaska, 55th Cong., 2nd Sess., Report No. 607, Feb. 21, 1898, p. 1. On one occasion it was necessary to do just that. In 1872, the Secretary of Treasury introduced a bill in the House to provide compensation for a Collector of Customs at Ounalaska who had never been paid for his services because he had not taken the prescribed oath of office (Appendix TTT).
120

119

Michael and Major Ray was appointed Commanding Officer.121

Interlude at Skagway
On July 11. of 1898, Marshal Shoup reported to the Attorney General that:
I have just received news of serious trouble at Skaguay. A bold robbery was committed there upon a miner just out from the Klondike and Jeff. Smith, reported to be the head of the highwaymen, had been killed. The town is in the hands of a committee of safety and about twenty lawless characters are in the hands of the committee, and it is supposed that a number will be lynched. U.S. Deputy Marshal S. S. Taylor is accused of being in collusion with the robbers and is also in custody. There being no other Marshal there, I leave today for Skaguay and will report particulars upon my arrival there.122

Marshal Shoup arrived at Skagway to find one of the most dramatic examples of vigilante action in the Territory had taken place. In the summer of 1897, a man by the name of Jefferson R. Smith landed at Dyea and soon had under his control a band of outlaws unequaled since Virginia City days. Soapy Smith, as he was known from his days in Colorado where he sold bars of soap as part of a confidence racket, expanded his activities to Skagway and the control of both trails leading to Lake Bennett and the Klondike gold fields beyond. By organizing the bunco artists, gamblers, prostitutes, and cut-throats, he effectively ruled the entire area. Soapy limited his activities to the American side of the border due to his healthy respect for the effectiveness of Canadas Northwest Mounted Police, who had capably handled some 50, 000 people, including many criminals, en route to the Klondike. There was no protection for the pioneers traveling through the pass or in town, due to the attitude of the newspaper editor and the U.S. Commissioner, who were sympathetic to Smiths interests; and the fact that the deputy marshal was actually Soapys silent partner. The situation reached its peak on July 8, 1896, when a Kiondike miner named J. D. Stewart was robbed of his gold dust in broad daylight. A complaint was filed with the U.S. Commissioner against Smiths three henchmen who committed the act. Due to the boldness of the offense and strong persistence of the aroused Citizens Committee, warrants for arrest of the accused men were issued by the Commissioner and delivered to the deputy marshal for execution. The marshal, S. S. Taylor, refused to serve the warrants and the Citizens Committee held a meeting on the dock to determine the course of action to be taken. Frank Reid, a man of rare moral courage, openly opposed Smith. He was the only armed guard barring Smith and his henchmen from the meeting. Smith, attempting to break up the meeting, was stopped by Reid, and

Major Ray met the challenge by declaring martial law in the Yukon River region. Lt. Richardson issued orders at Circle City on November 12, 1898, closing saloons on Sunday. He also proclaimed that section 1969 of the Oregon Code, which prohibited the carrying of concealed weapons, would be rigidly enforced.
122

121

From the authors personal library of original correspondence

in an exchange of shots in the ensuing struggle, both men were killed123.A second guard immediately picked up Smiths rifle and halted the rush of the gang until the arrival of the Citizens Committee evoked a complete rout with no further gunfire. Citizen arrests were promptly effected by jailing the editor of the paper, the Deputy U.S. Marshal and all other known criminals. The stolen gold poke was returned to Stewart, after making up a deficiency from the till in Jeffs Place, Soapys headquarters. Several of these men received sentences of from one to ten years from the court at Sitka. Thirty-five were deported on the first steamer for Seattle, where all were arrested by the police. Several proved to be escaped convicts, accused murderers, and other felons who were returned to the respective states for trial. On his return to Sitka, Marshal Shoup reported to the Attorney General on July 22nd:
None of the defendants were able to give bail and as Frank E. Reid, (shot by Jeff Smith) was expected to die at any moment, and that an attempt would immediately follow his death to lynch some of the said prisoners by first overpowering the guards, I chartered a boat and brought all of the prisoners to Sitka. I removed deputy marshal Taylor as soon after my arrival as I became convinced that he had not performed his duty as an officer.124

Stewart had gone to the Marshal to file a complaint against Smith, but Taylor refused to take action. Again, justice was denied by the very instrumentalities of the Law established to sustain it. While the Marshal and the Army were trying to protect the inhabitants of Skagway and the Interior, others were concerned with feeding them. Captain Ray had unwittingly sparked a gigantic effort to replenish the exhausted food supplies in the gold fields. Responding to Captain Rays suggestion, Dr. Jackson was sent by the U.S. Government to Lapland again in January of 1898 to obtain reindeer for the starving miners at Dawson City. Lie returned with sixty-eight drivers from Norway and Lapland and 526 reindeer. Both drivers and deer were trained. After docking at New York, the herd moved by special train across the United States and thence by steamer to the headquarters of the Lynn Canal arriving at Names in May. Undaunted by reports that there was no danger of starvation at Dawson, the balance of the herd was moved inland over the Dalton Trail. The staple diet, reindeer moss, was totally absent and many died from starvation on the trail. The herd was further decimated by wolves, Indians and the rigors of the trail. The Klondike Relief Expedition arrived in Dawson on January 27th of 1899 with the remnant of one hundred and fourteen reindeer which had been in transit for one year. The deer were turned loose when it was learned that the miners had been adequately supplied during the summer of 1898. The drivers were taken down river later and some distributed among the other reindeer stations of Alaskas northwest coast while others drifted towards the mining camps. Some of these men were destined to play a major role in the drama to be enacted at Nome shortly thereafter.

Rescue of the Whalers

Smith died almost immediately and Reid lived in agony a few days longer before succumbing to the fatal wound.
124 123

From the authors personal library of original correspondence.

Another relief expedition was sent to Alaska in 1897-1898 which met with considerably more success while overcoming tremendous obstacles. Water off the Northwestern shore of Alaska had been international fishing grounds for many years. Some bays where the ships took refuge were ice-free only two to four weeks each year. Congress did not provide larger vessels to the Revenue Marine Service as requested in April of 1884 because it was assumed that the new civil government would handle all affairs in Alaska. Revenue Cutters continued to rescue shipwrecked mariners in Alaska waters. With no replacement of the inadequate vessels being contemplated, it was recommended that supplies be cached on the northern coast for the use of stranded seamen who might not be reached by the cutters in the future. Congress did act on this request by passing the Act of March 2, 1889, which provided for the establishment of a refuge station at Point Barrow, a settlement on the farthermost northern tip of Alaska in the Arctic Ocean. An appropriation of $8, 000 was provided for supplies which were carried to this location by the Bear that season. Annual voyages were thereafter made to Point Barrow to replenish these supplies and a valuable service was performed that would not have been possible by relying solely on the ability of the Revenue cutters to patrol the vast coast line. As was the custom, a whaling fleet, consisting principally of Scandinavians and Laplanders, cruised off the northern coast of Alaska in the summer of 1897. They tarried too late in the summer and two vessels were trapped by the descending ice pack at Point Barrow. The grinding ice destroyed the ships forcing the surviving 275 officers and men to move ashore. Sufficient lumber was salvaged to build crude but adequate shelter for protection of the crews from the Arctic cold and wind. It became readily apparent that the whale meat, salvaged ships s stores and the cached rations would not be sufficient to sustain this large number of men for ten months until the Bear would return with supplies. The remainder of the fleet carried the report of the shipwreck to the U.S. Marine Revenue Service at Saint Paul. When the reports reached Washington, it was decided to send a relief expedition to prevent starvation of the whalers. Lieutenants David N. Jarvis and E. D. Berthoif of the Revenue Marine Service volunteered to lead the rescue mission and the Overland Expedition for the Relief of the Whalers in the Arctic Ocean was dispatched from Seattle on November 27, 1897, By the time the Bear reached Alaska, the ice pack had moved so far south that it became necessary to land the expedition at Cape Vancouver just south of the mouth of the Yukon River. Thus Lt. Jarvis found himself, a Naval officer, in command of a shore party on the frozen coast of Alaska with rather broad orders to take the necessary action to feed 275 men at a point lying some 2, 000 miles to the north. The on1y maps available were crude charts made by early explorers and cursory sketches of some streams by military reconnaissance parties. Undaunted, Lt. Jarvis and his crew snowshoed up the coast existing off the land and the ingenuity of the natives. He received directions from them and when possible engaged an Eskimo as a guide by promising compensation he had no way of providing. At Teller, he not only convinced the villagers to part with nearly their entire herds of reindeer but also engaged them as drivers to move the herd to Point Barrow; and all this on a nebulous promise of reimbursement to them at some future date by an equally vague government located nearly 6,000 miles away. At other reindeer stations new drivers were hired to replace those who returned to their villages and additional deer were added to the herd to compensate for those which were eaten or died on the trail. In addition to the duties requisite for survival, a journal was kept reflecting on the general state of affairs in that portion of Alaska. Lt. Bertholf cites the only law know to exist.
According to native custom and traditions, when one man is killed by another, some one

of the relatives of the murdered man is bound to avenge the deed, and the second murder must in turn be avenged, and so on, thus creating a feud, a state of affairs which is by no means confined to uncivilized peoples. Usually, however, when a native has done any killing which must, according to the custom, be avenged, he leaves his village and transfers his home to some other part of the coast, so that he will be obliged to continually be on his guard, and thus it is often many years before the original murder is avenged. There being no headman, chief or lawgiver among the different villages or tribes of the Eskimo, each native family is a law unto itself, and up to the present time the natives having been under little or no restraint, have killed and revenged as their traditions or inclinations made it expedient. They have, as a rule, confined their killing to other natives, though there have been isolated cases where a white man was the victim.125

The party reached Point Barrow on March 29th of 1898 followed by an immediate slaughter of a large number of reindeer to feed the whalers who had long since exhausted their supply of food. Lt. Jarvis assumed command of the settlement and maintained strict control of the rations until the arrival of the Bear on July 28th. After unloading supplies at the station, the vessel quickly departed with the rescued men. The drivers were returned to their villages on the coast. The majority of the whalers chose to remain in the region of Kotzebue, Teller and Fort St. Michael. Some worked at reindeer stations while others set off in search of the illusive gold reportedly to be found in the streams of the northwest coast. Only 98 returned to the Pacific Coast with the Bear arriving :at Seattle on September 13th of 1898. Even as this venture was concluded, it inadvertently contributed to the unfolding drama at Cape Nome, where many of the rescued whalers drifted in their quest for gold.

Alaska Receives Code of Criminal Procedures: Thirty-Two Years Late

The laws in force and effect in Alaska in 1897 were as follows: (1)The statutes of the United States which extended over all states and territories; (2) the statutes of the Unit ed States enacted expressly for the District of Alaska; (3) the laws of Oregon in force on May 17, 1884, found in the Organic and Other General Laws of Oregon from 1834 to 1872; the Acts and Resolutions of the Legislative Assembly of the State of Oregon passed at the 8th Regular Session in 1874; and the session laws of 1876, 1878, 1880 and 1882 in so far as they were applicable and not in conflict with the United States Code. To clarify the situation, the President had appointed a commission composed of A. C. Thompson, Alexander C. Botkin and D. B. Culberson pursuant to the act of June 4th, 1897 to revise and codify the laws pertaining to Alaska. The commission completed its work in late 1898 and the Attorney General submitted the report to Congress as required. On March 3rd of 1899, Congress passed a code of laws and criminal procedures

Scammon, Charles, Correspondence and Papers 1849-1911, U.S. Revenue Cutters Service 1863 to 1911, P-K-63, Report of the Cruise of the U.S. Revenue Cutter Bear and the Overland Expedition for the relief of the Whalers in the Arctic Ocean from November 27, 1897 to September 13, 1898, Washington Printing Office, 1899, p. 23.

125

for Alaska to become effective July 1st of that year. After twenty-two years of confusion under the conflicting laws of Oregon and the Revised Statutes, Alaska was provided with a single code which defined the law and set punishments in a comprehensible fashion. The opportunity to take advantage of this provision was seized forthwith. Judge Charles S. Johnson, Marshal James Shoup and the clerk of the court traveled through Canada to the Interior of Alaska in the summer of 1899 to expose the other sections of Alaska to American jurisprudence for the first time. Court was held at Eagle City, Circle City, Rampart, Saint Michael and Cape Nome. At the latter settlement, attorneys were admitted to the bar. On the return trip by steamer to Sitka, the court also stopped at military posts in Cooks Inlet and Prince William Sound. Suits were commenced, arrests made, grand juries were impaneled, U.S. Commissioners were appointed and the sojourn of 5,000 miles was general effective in acquainting the inhabitants of the Interior with the fact that they were living under the American Flag. This act legalized the sale of liquor in Alaska for the first time. Judge Johnson appointed collectors to issue business licenses and collect taxes under the law. Subsequent abuse of the law coupled with the deterioration of native population, through consumption of liquor provided by the white traders, prompted efforts to restore prohibition in Alaska three short years later.

CHAPTER VII GOVERNMENT AT CAPE NOME

Discovery of Gold
Jafte Lindeberg, a native of Norway, had been brought to Alaska by Sheldon Jackson as a herdsman for the reindeer drive to the starving miners at Dawson City in 1897. He drifted down the Yukon River and upon reaching Saint Michael filed his declaration of intention to become a U.S. citizen before U.S. Commissioner Lenox Sheppard on July 22, 1898. Moving on to Council City, he there met two naturalized Swedes, John Brynteson and Erick 0. Lindblom, in August. Rumors of gold discoveries near Cape Nome caused them to move in that direction. The Klondike had been stripped of the major portion of its hoard of gold and the miners moved down river into Alaska. Others arriving at Nome in the summer of 1898 in search of gold were Lapplander who had come over with Jackson. Some were from the residue of the whaling fleet previously shipwrecked at Point Barrow. These latter two groups were aliens as they had not had the opportunity to appear before a court official to initiate the necessary procedures to become American citizens. Lindeberg filed the discovery claim at Anvil Creek near Cape Nome on September 22, 1898. Other members of the discovery party were Brynteson and Lindblom. Immediately, others in the area flocked to Anvil Creek to stake claims. United States mining laws passed in 1872 provided that one person could claim twenty acres and, by improving it, could obtain a patent. The mining laws of the United States and Oregon had been extended to Alaska by the Act of 1884. Thirty-eight men soon located 7, 200 acres of mining claims for themselves and others by virtue of power of attorney. The Cape Nome Mining District was formed on October 18th by these miners who elected Dr. A. N. Kittleson as recorder.126 When the ice went out on the Yukon River the following summer, it brought with it a host of miners from the Yukon. As they moved down stream they came across many strikes, but all the productive claims had been staked by the locators for themselves or by proxy for others. Although not sanctioned by law, neither was this procedure prohibited. The legal question was only of academic interest as the miners meetings provided the de facto government throughout the Interior anyway. In the Klondike, the custom of location by power of attorney had been recognized and was perpetuated in Alaska as the miners moved down the river. Claims were recognized as valid for two years by law without any improvement. Upon arrival at Nome, the miners became completely exasperated. to learn of the state of affairs there. The gold bearing section of Anvil Creek was only about three and one-half miles long. A claim was 660 feet wide and 1 320 feet up the stream. Only twelve of such claims covered the entire stream bed. As hundreds of miners arrived daily, they began to walk the beaches in frustration. Robert Chipps, a more

Dr. Kittleson had been in charge of the reindeer station at Teller until his employment was terminated by the confiscation of his entire herd by Lt. Jarvis on his pilgrimage to Point Barrow the previous year.

126

enterprising miner, jumped the claims on June 5th by over-filing the discovery claims on the professed assumption that the original filing was invalid because the locators were aliens. This contention was refuted by the Act of March 2, 1897, which defined and regulated the rights of aliens to own and hold real estate in the Territories of the United States. In part, it proclaimed that,
. . (T)his act shall not be construed to prevent any persons not citizens of the United States from acquiring or holding lots or parcels of land in any incorporated or platted city, town, or village, or in any mine or mining claim in any of the Territories of the United States. (Emphasis added)127

The invalidity of Chipps' contentions at law are readily apparent in retrospect although this did not constitute a reality at the time due to the general unfamiliarity with the law. The reality of the situation was the fact that the only court which could adjudicate the matter was located at Sitka- -over 2, 000 miles distant either by land or sea. Again, the debate should have been only of academic interest, as any competent court would have ruled that it had long been determined that only the Government could challenge the validity of a mining claim on grounds of citizenship; and that, only at the time of application for a patent on the claim. Furthermore, it had been the traditional policy of the patent attorneys to not raise the issue of citizenship in relation to mining claims. Fifteen years after the establishment of the civil government, and thirty-two years after acquisition, Congress had still not provided recourse at law for the majority of Alaskans to resolve disputes.

The Return of Military Government

Word of the claim jumping reached Fort Saint Michael, and Second Lieutenant Oliver L. Spaulding Jr., and ten men of the 3rd Artillery, were sent to Cape Nome on June 28, 1899, to control the large influx of disorderly miners. Lt. Spaulding issued orders prohibiting the carrying of concealed weapons and tried to maintain the status quo. A miners meeting was called for July 10th at Cape Nome for the purpose of invalidating the alien claims. A resolution had been prepared in advance which would accomplish this objective by setting aside all existing locations in the mining district. A pile of wood had been stacked at the summit of a nearby hill, Upon adoption of the resolution, the signal was to be given from the street and the bonfire lit. This light was to be a signal to the miners lying in wait in the hills at Anvil Creek to rush down and stake the rich claims pursuant to the action of the miners in town. Dr. Kittleson heard of the scheme and sent word to the Fort at Saint Michael requesting. reinforcements. The miners meeting was postponed until the evening of July 12th, the day of the arrival of Captain E. S. Walker and Lt. W. C. Craigie with twenty troops to relieve Lt. Spaulding. The latter retained command long enough to perform one last official act. With a squad of eight men, he entered the meeting hall, proceeded to the front, and posted his men at fixed bayonets with their backs to the wall. As anticipated, the resolution, to declare all acts of the existing mining district illegal and to open all claims to

U.S. Cong., Senate, Civil Government for Alaska, 56th Cong., 1st Sess., Ex. Doc. No. 272, April 6, 1900, p. 3.

127

re-location, was introduced. Lt. Spaulding took the floor and gave the miners two minutes to withdraw the resolution. The request was refused. Lt. Spaulding was fully aware that he had no legal authority to disrupt a peaceable meeting of civilians. Yet, he was equally cognizant of the fact that if he permitted a vote on the resolution, anarchy would reign and the prevention of bloodshed would be impossible with less than three dozen troops in the area. He therefore resorted to the only alternative provided to the military commanders in Alaska-the exercise of force to uphold the right. The illegality of this course of action was lost in the antiquity of precedents established by his predecessors during the previous thirty-two years. Lt. Spaulding declared the meeting adjourned, ordered the hall cleared and physically ejected the miners at the point of bayonet. Upon reaching the street he discovered a second meeting in progress. He promptly disbanded this group in like manner and patrols were continued throughout the night to prevent reassembly of the miners. While in the hills the co-conspirators waited in vain for the signal bonfire. While the disgruntled miners were milling about the streets the next day, one of Lt. Spauldings men brought in a sample of gold he had found on the beach. Initial disbelief gave way to incredulity as the miners swarmed over the beach, staking claims and setting up rockers to collect the nuggets. The frenzy over Anvil Greek was temporarily assauged and Lt. Spaulding quietly departed on July 14th for St. Michael. In his annual report to Congress, the Attorney General urged the creation of another judicial district for the Interior of Alaska and proposed to double the salaries of the U.S. Attorneys to $5, 000 per annum. Governor John Brady in his annual report of October 18, 1899 defined the problems of Alaska in more fundamental terms.
It is true that Alaska is detached. and this is why we look to you more confidently. Swift steamships, telegraphs and cables annihilate distance. Probably no people outside of France were more interested and stirred by the Dreyfus case than those here in far-off Alaska, The doctrine that a Territory, and much less a district, cannot plead any constitutional rights before Congress appears now to be generally accepted; but Congressmen should remember that the population which is now here and which is coming were brought up in the States. We have had the Constitution preached to us from our childhood, and it is unbearable for us to think that we are to live beyond the pale of its influence and yet be within the boundaries of the United States. Statehood appears to be the only remedy.128

John Brady was right. He little dreamed that the relief from the depredations of the federal government towards Alaska would not be achieved for another sixty years. As usual, the War Department was called upon to compensate for the dereliction of Congress. After nearly twenty-three years, Alaska was again constituted as a separate military department by General Order Number 8 of the Adjutant Generals Office on January 19, 1900. The headquarters was designated as Fort Saint Michael which was seen as the best vantage point from which to enforce the law and protect the peace both at Nome and in the Interior. Meanwhile, Charles Lane arrived at Nome. Lane had extensive holdings in other mining ventures and was quick to assess the potential of the. Anvil claims. He purchased four claims on Anvil Creek from three Lapplander and one American for a reported $300, 000. He formed a corporation under the inappropriate name Wild Goose Mining and Trading Company. He invested an additional $400, 000 in a pumping plant, steam pipe
128

U.S. Congress, House, Annual Report of the Department of the Interior for the Fiscal Year Ended June 30, 1899, 56th Cong., lst Sess., Ex. Doc. No. 5, 1900, p. 51.

lines and warehouses, and built a five-mile railroad from Nome to Anvil Creek at a cost of $60, 000 for the materials alone. The dissident miners were still determined to come into possession of the disputed claims. They conferred with attorney E. R. Beeman, a notary at Nome, who certified statements to be conveyed to Washington. Attorney 0. P. Hubbard was retained to pursue the case in Washington where Congress was considering a new civil government bill for Alaska. Hubbard and Chipps left Nome in the fall of 1899. Upon arrival in Washington, Hubbard, on behalf of his clients and his fellow attorneys at Nome, employed Alexander McKenzie, Republican National Committeeman from North Dakota to coordinate their Congressional efforts.

The New Civil Government Bill

The principal purpose of the bill under consideration was to extend the civil government to the remainder of Alaska. Section 73 of this bill provided:
The title to any lands heretofore conveyed shall not be questioned, or in any manner affected by reason of the alienage of any person from or through whom such title may have been derived.129

This section of the bill seemed to hold the key to Anvil Greek riches. McKenzie engaged his colleague Senator Henry C. Hansbrough of North Dakota as the spokesman for the Nome conspirators. On March 26th of 1900, he introduced an amendment to the Civil Government Bill to strike the provisions of section 73, last cited, and substitute the following:
That persons who are not citizens of the United States, or who prior to making location had not legally declared their intention to become such, shall not be permitted to locate, hold, or convey mining claims in said district of Alaska, nor shall any title to a mining claim acquired by location or purchase through any such person or persons be legal.130

It was clean, precise, specific and well calculated to accomplish what the miners meeting at Nome had attempted when thwarted by Lt. Spaulding. The initial clause would wipe out the holdings of the majority of the miners at Anvil Creek as they were not U.S. citizens. Secondly, Lindebergs claim would be opened to staking because he had filed his declaration to become a citizen before the U.S. Commissioner at St. Michael whereas the law required that such declaration be made before a District Judge. Provisions to make the law retroactive were cleverly built-in by setting aside all titles to claims obtained from either of the first two sources, thus enabling the Nome conspirators to secure all claims of value at Anvil Greek. A memorial was sent to Congress on the last steamer from Nome in 1899 on behalf of Charles Lane and a group of Finns, Norwegians and Lapplander owning mining claims in dispute at Nome. The memorial from Lane was introduced in the Senate on April 6, 1900 by Senator Stewart of Nevada.

US Congress, Senate, Civil Government for Alaska, 56th Cong., lst Sess., Ex. Doc. No. 272, Apr. 6, 1900, p. 2.
130

129

Ibid.

Extensive debate continued through April culminating in a gesture by Senator Hansbrough on April 25th to withdraw his amendment. Committee members threatened to prevent the passage of the bill by filibustering if the Hansbrough Amendment were adopted. Hansbrough finally withdrew the objectionable amendment on May 1st and the bill passed the Senate. He had the amendment introduced by one of his colleagues on the floor of the House of Representatives but it failed to receive sufficient votes for adoption. On June 5th, Senator Hansbrough countered Stewarts memorial from Lane with a document prepared by J. L. Wilson, President of the Law and Order League of Council City, Alaska. Wilsons extensive affidavit, notarized by Beeman, which purportedly portrayed the true history of the discovery of gold at Cape Nome, accused the original locators of fraud and urged the removal of the U.S. Commissioner and Captain Walker from Nome. He further asked for the establishment of a district court at Nome, creation of a land district and appointment of a recorder. The Senate was unimpressed. To assure that there was no doubt concerning Congressional intent, the following clause was added to the Civil Government Bill:
. . (N)o person shall be deprived of any existing legal right or remedy by reason of the passage of this act.131

The bill became law the following day as the Act of June 6th, 1 900. This Act made further provisions for civil government in Alaska. The Territory was divided into three judicial districts. Division One was relocated to Juneau from Sitka; Division Two at St. Michael; and, Division Three at Eagle City. The Capital was also relocated to Juneau from Sitka. In reference to Division Two, a court was to be held each year at St. Michaels on the third Monday of June. Special sessions of the court were authorized at the discretion of the judge at locations designated by him, provided an advance notice of thirty days had been publicly posted. Although the Congressional attempt to defraud the original locators at Anvil Creek had also failed, McKenzie was determined to pursue the matter more directly. In addition to his home state of North Dakota, he was also very powerful politically in Minnesota and Montana. With Senatorial backing from the Northwest, he secured Presidential appointment to St. Michael of Arthur H. Noyes as Judge, Cornelius L. Vawter as U.S. Marshal, Joseph K. Wood as U.S. Attorney and all other court officials. Melville C. Brown appointed April 1, 1900, served as the last U.S. Judge for the entire District of Alaska until his re-appointment on June 6th as judge of the First Division at Juneau. On the same date, James Wicker sham was appointed as Judge of the Third Division at Eagle City.

Extension of Law to Nome

McKenzie incorporated the Alaska Gold Mining Company under the laws of Arizona- -he being the only stockholder and there being no assets. He traded stock in this dummy corporation for several jumper claims including that of Chipps. With the preliminaries disposed of, McKenzie and his crew of court officials embarked from the Nation Capital about the middle of June, launching what was to become one of the greatest legalized

U.S. Congress, House, Annual Report of the Attorney General of the United States for the Year 1902, 57th Cong., 2nd Sess., Ex. Doc. No. 9, 1902, p. 102.

131

frauds in the administration of justice ever recorded in the annals of American jurisprudence. Brigadier General George M. Randall, Commander of the Military District of Alaska, arrived at Nome on June 21, 1900. He was only one of over 18, 000 men who landed on the Nome beaches during that month. The Chamber of Commerce adopted a resolution on June 24th requesting General Randall to provide a military government for the camp, pending the arrival of the court, as a necessity in preserving the remnants of law and order.
On the 25th (of June) the military assumed control, and patrols were established throughout the town to preserve law and order and to protect life and property.132

Lt. Wallace M. Craigie had been holding the fort since the previous summer with only nineteen men from Company F of the 7th Infantry Regiment. He was relieved on June 29th by Captain Charles G. French and Company K of the same Regiment from Fort Saint Michael. A sanitation system was immediately established. A pest hospital was erected at one end of the beach farthest from the main camp, under the command of the U.S. Marine Revenue Service, to contain a smallpox outbreak. After instituting minimal health conditions, Captain French dispatched a detachment to Anvil Creek and took possession of the disputed claims pending arrival of the court to settle the matter. McKenzie and his nefarious group arrived at Name on July 19th, too late for the regular session to be held at St. Michael as provided in the Act of June 6th. Judge Noyes remained aboard while McKenzie went ashore to implement the intricacies of the plan formulated during the long voyage to the Arctic. He conferred with the conspiring attorneys, Hubbard, Beeman and a third member of the firm, W. T. Flume. He extracted certain considerations as a condition to implementation of the scheme to gain control of the Anvil claims. McKenzie obtained one-half of the law firms interest in the remaining jumper claims in return for a block of worthless stock in his phony gold mining company. To assure complete complicity between the prosecution and defense attorneys, McKenzie suggested that Flume become deputy U.S. Attorney. Leaving nothing to chance, McKenzie proposed to incorporate a close alliance between the prosecution and defense attorneys in a novel, though hardly unique, manner. Joseph Wood, the U.S. Attorney, was to become a silent partner in the law firm to assist in preparation of the petitions to the court for placing the claims in receivership. Flume was to become deputy U.S. Attorney to assist Wood in urging the court to grant the request of the plaintiffs represented by the firm Hubbard, Beeman, Flume and Wood. To compensate for Flumes federal salary, Wood was given a one quarter interest in the law firm. McKenzie suggested to Beeman and Hume that he should also receive a quarter interest in the firm. He further considered the situation over night and felt that he had not been compensated in proportion to the importance of his role in the coming events. He returned the next morning, July 20th, to the firm and after considerable discussion extracted a quarter interest in the firm for himself. Pursuant to instructions from McKenzie, complaints were prepared naming the original locators, the Pioneer Mining Company and the Wild Goose Mining and Trading Company as defendants in a suit to invalidate the Anvil claims. Every available typist in town was employed and the task was completed in three days. The stage set, Judge Noyes stepped ashore for the first time on July 23rd. He personally accepted the complaints the following day, heard the petition, assumed custody of the disputed claims and appointed McKenzie as receiver. Judge Noyes required a performance bond of only $5, 000 per claim from McKenzie while the daily output of
132

U.S. Congress, House, Annual Reports of the War Department for the Fiscal Year Ended June 30, 1900, 56th Cong., 2nd Sess., Ex. Doc. No. 2, 1900, p. 245..

each of the claims exceeded this sum and one of the five claims was producing over $15,000 in gold dust per day. The first knowledge of the entire affair reached the miners at Anvil Creek upon the arrival of McKenzie with the court order which not only ordered him to take possession of the claims but to continue the mining operations. Subsequent inquiry regarding this court action revealed some interesting facts. The court was never properly constituted nor convened pursuant to the code of civil procedures; the complaints had not been filed with the clerk of the court; neither summons nor complaint were served upon the defendants; notice was not given of the application for the appointment of a receiver; and, the claims were placed in receivership summarily without the hearing of arguments for the defense. In addition to this, the session was illegal in its inception by virtue of the Act of June 6th which required the posting of public notice thirty days in advance of any special session. Public notice had not been posted and the session was held within the first twenty-four hours of Judge Noyes arrival on the soil of his judicial division. Understandably lacking confidence in the Nome Bar Association, Lane had previously brought to Nome attorneys Samuel Knight and W. H. Metson from San Francisco. On the following day, the defendants attorneys requested Judge Noyes to revoke his orders appointing a receiver. Noyes blocked judicial remedies by continual delay and by refusal on August 10th to hear arguments in the cases. On August 14th, an application was presented in court for leave to file an appeal of the Nome courts action to the Circuit Court at San Francisco. Judge Noyes promptly refused to grant the appeal on August 15th. In anger over continued harrassment by the defendants attorneys, he at the same time modified the orders previously given to McKenzie to instruct him also to take possession of all personal property found on the claims. In addition to the tools and supplies associated with the mining operations, McKenzie then confiscated personal tools, bedding, clothing and food. Alaskans were indeed fortunate to have become the recipients of justice provided by the United States Government in this section of the Territory not blessed by civil government in its previous thirty-three years under the American flag. Knight left on the next steamer for San Francisco with a complete record of the proceedings before the Nome court where he was promptly granted a hearing before the 9th Circuit Court of Appeals. Judge W. W. Morrow overruled the lower court at Nome and issued orders allowing the appeal of the five Anvil cases to that court. On August 29th, the Circuit Court issued writs of supersedeas ordering Judge Noyes to desist from further proceedings in these cases and directing McKenzie to return to the defendants all property in his possession held either in his capacity as receiver or as a private individual. Knight returned to Nome September 14th and filed in the District Court certified copies of the order of the Circuit Court granting the appeal in the five Anvil cases, the assignment of errors, and the writs of super sedeas. Marshal Vawter served the writs on Judge Noyes and McKenzie the same day. McKenzie refused to comply with the order. Application was made to Judge Noyes to direct the Marshal to enforce the orders of the higher court by compelling McKenzie to surrender the claims and personal property to the defendants. Noyes declined to act. Hume took this opportunity to resign. C. A. S. Frost, an attorney of the Department of Justice, had been sent to Nome with the court officials as a special examiner to advise and instruct the Clerk of the Court and the Marshal in the performance of their duties. Frost resigned this position and was appointed September 15th as assistant U.S. Attorney to replace Hume. Knight and Metson again petitioned the court on that date to order enforcement of the higher courts writs. Frost vehemently advised the judge not to comply with these orders of the court. Judge Noyes held that the defendants had not been entitled to appeal and therefore the Circuit Court lacked jurisdiction and consequently, the resultant writs of that court were issued in error. He chose to disobey the writs, denied the

motion and ordered the Marshal to guard the bank vault and allow no one to enter. Marshal Vawter obediently posted two soldiers at the bank in compliance with Judge Noyes order to maintain the status quo. Vawter was placed in the impossible situation of being duty-bound to enforce conflicting orders of two courts simultaneously. He expressed his concern to Judge Noyes and Frost over the dilemma of not knowing which court order to enforce. Major Orsdale and Captain French also contacted the judge and reported rumors of proposed vigilante action if the writs of supersedeas were not enforced. Both the Marshal and the Army officers were inclined to enforce the higher courts ruling if for no other reason than to preserve order in the community. Judge Noyes remained adamant in his determination to maintain a neutral position. Frost was not content with such a passive role. He ordered the Marshal to swear in a posse comitatus to prevent the delivery of the gold dust in the bank to the Lane Crowd. Speaking to Vawter and his deputy George Leekley he said:
They are going to try to take it by force, and these writs that have been sent up here will be declared void by the Supreme Court. You must obey this court; you are the executive officers of this court here.133

Taking the cue, Judge Noyes advised the Marshal to deputize Army troops and ordered both him and Captain French to maintain the peace at all costs but under no circumstances to surrender the gold dust in the bank vault. Former Judge Johnson was also in Nome at this time. On September 19th, he filed a motion on behalf of one of the defendants for enforcement of the controversial writs. The motion was supported by affidavits showing that McKenzie had removed over $1 30, 000 from this single claim in less than 60 days. Judge Noyes never bothered to act on the motion. In desperation, Knight made certified copies of the court in an records and again journeyed Outside134 in an attempt to achieve justice not available in Alaska. The matter was again brought to the attention of the Circuit Court of Appeals at San Francisco on October 1st, 1900. The Court found that McKenzie had disobeyed its order by refusing to return the claims, gold dust, and other personal property to the defendants. The Court also took judicial notice that the last steamer for Nome would be departing a few days thereafter and that there would be no further communication with that settlement until dissipation of the Arctic ice pack in June of the following year- - a period of about nine months. Not wishing to risk this delay in taking positive action at Nome, the court issued a bench warrant charging McKenzie with contempt of court. The Marshal of San Francisco was ordered on October 1st to proceed to Nome forthwith, enforce the writs of supersedeas, arrest McKenzie and produce him before the Circuit Court. Deputy U.S. Marshals George H. Burnham and Shelley Monckton were promptly dispatched to Nome. While the marshals were en route, Judge Noyes issued an injunction on October 10th restraining the

National Reporter System, The Federal Reporter, Vol. 121, May-June 1903, West Publishing Co., St. Paul, 1903, p. 229. Outside is a term referring to the Continental United States. It was an expression developed during the gold rush. Miners at Dyea and Skagway said they were going Inside when they headed up the trails to the Interior. Miners from the Interior, upon departing, indicated they were going Outside, i.e., outside Alaska.
134

133

defendants from removing any gold from the Nome Mining District. Frost was still valiantly carrying on in the tradition of McKenzie. After the first court appearance of the defendants attorneys in August, Frost took it upon himself to keep abreast of current developments. He had hired three men, Carson, Carroll and McLean, as detectives to perform the sole task of watching and reporting the movements of the defendants and their attorneys. The first two were each paid $10 per day and the third $5; all three received reimbursements for expenses incidental to the surveillance. Their employment was continued after Frosts appointment to the U.S. Attorneys office and until October 15th-the date of arrival of two Deputy Marshals from San Francisco.135 The marshals quietly left the steamer and moved quickly to the Alaska Banking and Savings Deposit Company where gold from the disputed claims was retained in McKenzies personal safe deposit boxes. A demand was made of McKenzie for the keys to the boxes. He refused, saying he had turned them over to U.S. Attorney Wood. Dr. Cabell Whitehead, manager of the bank, located Wood and asked him to surrender the keys to prevent destruction of the bank deposit boxes. In loud and profane language, he informed the manager and Deputy Marshal Monckton that he had the keys but, under no circumstances, would he cooperate by delivery of them as requested. The Army was called upon for assistance. As the military troops stood guard around the bank, the marshal broke into McKenzies boxes and recovered $200, 000 in gold which was restored to the defendants in the original Anvil Creek cases. McKenzie was placed under arrest the same day and returned to San Francisco on the last steamer leaving Nome that season. Judge Noyes dissolved his injunction on October 16th, thus allowing the removal of gold from that district. McKenzie was found guilty of two counts of contempt of court and, on February 11, 1901, received two consecutive six-month sentences in the Alameda County Jail. In sentencing McKenzie, Judge Morrow declared that the disobedience of the writs of that court was,
(I)ntentional and deliberate, and in furtherance of the highhanded and grossly illegal proceedings initiated almost as soon as Judge Noyes and McKenzie had set foot on Alaskan territory at Nome, and which may be safely and fortunately said to have no parallel in the jurisprudence of this country.136

Justice Prevails
McKenzie applied to the U.S. Supreme Court for a writ of habeas corpus to challenge the validity of the sentence. The Supreme Court reviewed the lower court record but refused to issue the writ or hear arguments in the case. His only recourse then was to apply for a Presidential pardon. He still exerted strong political influence in North Dakota, Minnesota and Montana. Many prominent

Frost was later to learn that Carson was a double agent. He had been in the employ of Metson, attorney for the defendants, at the time Frost hired him to spy on Metson. Carson faithfully submitted written reports to Frost for two months--but, only after they were censored by Metson.
136

135

Wickersham, James, Old Yukon, Washington Law Book Co., Washington, D.C., 1938,

p. 356.

Republicans were indebted to McKenzie for past favors. He chose now to collect on these debts. President McKinley visited San Francisco in May of 1901 and McKenzie thereupon applied to the President of the United States for a pardon supported by strong political influence.137 Initially, the application was refused, but, after evidence was submitted indicating he was in failing health and not likely to survive the sentence, it was granted conditionally. Although McKenzie had claimed in his application that all gold had been surrendered, this proved not to be the case. He had shipped gold to Seattle from the vault in Nome while acting as receiver for the claims. On May 23rd of 1901, McKenzie caused this gold to be surrendered to the defendants and President McKinley commuted his sentence to time served on May 24th. McKenzie was released after serving slightly more than three months of his sentence and returned to North Dakota where he, predictably, quickly regained his health. The Circuit Court at San Francisco ordered Judge Noyes, U.S. Attorney Wood, and Deputy U.S. Attorney Frost to show cause why they too should not be cited for contempt of court. Also ordered to appear before the court were McKenzies attorneys, Thomas J. Geary and Dudley DuBose. Notices were sent to Nome on the first steamer in July of 1901. Frost was no longer with the U.S. Attorneys office having resigned on April 15th past to accept a position as Judge Noyes private secretary. Noyes and the others departed for the San Francisco Court of Appeals in August of 1901. At this time, Judge James Wickersham was holding court at Unalaska. He had been appointed Judge of the Third Division and arrived at his station at Eagle City on the Yukon River July 15, 1900. During the summer of 1901, he traveled down the Yukon holding court wherever the steamer stopped. He had planned to depart for Tacoma, Washington for the winter after completing the session on the Aleutian Chain. However, he received orders from the Attorney General carried from Fort Saint Michael to proceed to Nome and resolve the judicial dilemma at that settlement. Wickersham arrived at Nome on September 16th and immediately set to work untangling the legal snarl. The day after Noyes departure, Jafet Lindeberg and other miners ejected the jumpers from their claims. During the process, one man was seriously wounded. The Grand Jury indicted all but Lindeberg who, hearing of the pending action against him, snatched a single poke of gold from his safe, caught the last launch to the steamer and sailed to San Francisco for the winter. Subsequently, the trials resulted in deadlock and the charges against all were ultimately dismissed. The Grand Jury, on October 7th, also considered indicting Judge Noyes, McKenzie and several U.S. Senators for conspiracy to defraud the miners of the Anvil Creek claims. The District Attorney urged the matter be dropped as it was unlikely that they would return to Nome and Noyes was at that time awaiting trial at San Francisco. Judge Wickersham soon found that he had inherited more than mining problems. R. N. Stevens was the U.S. Commissioner. He had traveled to Nome with McKenzie et al after his appointment by Judge Noyes on July 23, 1900. Wickersham noted that he had never filed a report with the court of his receipts or expenditures as U.S. Commissioner, although required to do so quarterly. Investigation revealed that he had received over $30, 000 in fines and fees of which he claimed only $500 was due the government. During his visit to Nome in 1899, Judge Charles Johnson of Sitka urged the local residents to form a municipal government. This was done in September of that year and subsequently in the summer of 1900, Stevens was elected to the post of municipal judge. In this capacity, he had secured $9, 000 in fines and fees in addition to his salary and expenses; and this while he was earning the aforesaid mentioned sum as U.S. Commissioner. Pursuant to a writ of habeas corpus, Judge Wickersham dissolved the municipal court as being illegally
137

Wickersham, op. cit., p. 358,

constituted. He also fired Stevens as U.S. Commissioner. Frank Richards was appointed U.S. Marshal for Nome on March 2, 1901 to bring some respect and dignity to that office after the firing of Marshal Vawter. Judge Wicker sham discovered, while reviewing his expense accounts in court, that Marshal Richards had padded his expense accounts by charging double fur his hotel lodgings. He was allowed to withdraw the false account and submit a correct one. This matter was no sooner resolved than the Marshals method of impaneling a jury were brought into question in late October of 1901.
About the same time complaints were made by reputable members of the bar that he marshal was engaged in fixing juries in important cases where the- marshals friends were interested, in this way: when a jury was called in such cases, and the regular panel was exhausted, it was the practice under the law to issue an open venire to the marshal to summon a sufficient number of persons to complete the jury. The marshal, or one of his confidential deputies, would go out in town, more often to Joe Jourdens saloon nearby, and summon known partisans of the litigant he wished to assist and bring them into court to fill up the jury. Those men would know or be advised how to qualify when questioned and thereby persons favorable to the marshals friends would get on the jury.138

A case in point was that of the prosecution of the postmaster for defaulting in his official position. Knowing of the Marshals custom and that he had packed the court room with friends of the postmaster waiting to be called for jury duty, the District Attorney obtained an order from the judge requiring the jury members to be summoned by the Marshal from the town and not the court room.
He went out of the court-room, followed quickly by persons present, who were met in the saloon and summoned and returned into court as jurors in that case. These facts were not then called to the attention of the court. Some of these interdicted persons were summoned and served on the jury and prevented a conviction of their friend the defaulting official.139

The District Attorney filed charges of contempt of court against Richards and Jourden. They were both convicted and fined $300 each. The Marshal appealed to the Circuit Court which reversed the conviction for lack of sufficient evidence. While Judge Wicker sham was struggling with the remnant of McKenzies machine at Nome, the former court officials were being tried. On January 6, 1902, the court rendered its decision. Geary was acquitted on the contempt charges. The rest were convicted. Judge Ross wanted to sentence Noyes to eighteen months in jail and Frost to fifteen months because . . . (T)he contempts were committed in pursuance of a corrupt conspiracy with Alexander McKenzie. . . .140 Judges Morrow and Gilbert held that they should not be punished for actions not at issue before the court. Therefore, Noyes was only fined $1, 000. Frost received twelve months in jail; DuBose, six months; and Wood, four months. U.S. Marshal Richards was removed from office for his continued jury-fixing activities. He and Stevens spearheaded an effort to have Judge Wickersham removed from office. Judge Wickersham later commented:

138

Wickersham, op. cit., p. 375. Wickersham, op. cit., p. 376. Wickersham, op. cit., p. 361.

139

140

There was never a closed season for protection of the district Judges in Alaska as there was for brown bear and other varmits. Most of our early Alaska judges were removed from office upon secret charges without notice or a hearing; all of whom were maliciously assailed and more or less intimidated in the performance of their judicial duty without an opportunity to defend their judicial acts or character from the secret malice of disappointed litigants.141

Judge Alfred S. Moore was appointed by the President to be Judge at Nome on May 22, 1902, and arrived on the 13th of July. Two days later, Judge Wickersham departed Nome for his regular duty station at Eagle City to hold court for the first time in nearly one year-and to await the arrival of Assistant Attorney General William A. Day who had been dispatched from Washington to investigate Congressional charges that he should be removed from office.

141

Wickersham, op. cit., p. 434.

CHAPTER VIII EPILOGUE

Recapitulation
With the demonstrated need for troops at Nome and in the Interior, the decision was made to continue the military establishment as a necessary adjunct to the civil government. The department of Alaska was combined with the Department of Columbia on September 30th of 1901. To assist in co-ordination of military activities, the Alaska headquarters was transferred to Vancouver Barracks at Washington. At that time, the military strength consisted of 1, 129 men stationed at posts in Nome, Eagle City, Tanana, Valdez, St. Michael, Skagway and Haines. The U.S. Army was destined to continue as a major factor in the government for many decades. The Act of June 6, 1900 was a major contribution to the legal structure of Alaska. In addition to extending court facilities to Skagway, Eagle City and Nome and establishing a code of civil procedures, the salaries of the governmental officials were increased to the same level as their counterparts Outside. That is, in some cases. The Act of May 29, 1896, provided for clerical assistance for the U.S. Attorneys but specifically excluded Alaska. Deputy Marshals in Alaska were also excluded from salaries by this Act. On June 8th, 1896, Congress extended authorization for hire of clerks to Alaska but, this was eliminated by the Act of June 6, 1900. This Act also excluded U.S. Commissioners from salary and made them wholly depended upon fees. The difficulties of enforcing the law were further increased by the elimination of authority or funds to investigate crimes. Marshal Shoup advised deputy C. W. Bruce at Sunrise on March 16, 1901, of these provisions of the Act of June 6th.
Replying to your letter of February third, you are advised that the fee bill does not provide compensation for a deputy for investigating alleged violations of the law. (Appendix VVV)

Another limiting factor in administering the courts was the method of handling witnesses. Subsequent to Marshal Hillyers experience in attempting to pay witnesses for their attendance at Court142 it became the practice

M.C. Hillyer, the first U.S. Marshal in Alaska, was indicted at Sitka on March 8, 1892, for misappropriation of funds in the amount of $3, 941 .89 for payment of witnesses, support of prisoners, travel and miscellaneous expenses. He was eventually cleared of the charge

142

to detain them at the time of arresting the prisoner. In the event they were unable to post bond, the witnesses remained to jail with the defendant until transfer to Sitka or arrival of the traveling court. Upon occasion, this required a period of two years. This was probably a contributing factor in the reluctance of citizens to report a crime. This practice was continued by law after 1900 (Appendix WWW). One other significant change in the judicial process should also be noted. It had been the custom to appeal the decisions of the District Court in criminal matters to the Ninth Circuit Court of Appeals at San Francisco since the Act of 1884. There were few Alaskans, however, who could afford the expense of such an appeal. To further confuse the issue, the U.S. Supreme Court held on December 13, 1897, that Congress had omitted any legislative provisions for such an appeal. Therefore, the appeals to the Ninth Circuit Court were voided and on July 8, 1898 Congress designated the U.S. Supreme Court as the appellate court from the Alaska District Courts. The Act of June 6th, 1900, created Alaska as a single judicial district with three judges. On June 13, 1902, Congress enacted legislation which divided Alaska into three judicial districts. Thus was the status of the legal structure at the close of 1902. A brief recapitulation of the implementation of the government of Alaska provides some insight into the quality of the administration of criminal justice in the Territory. Of the five Governors appointed to Alaska, two resigned, one was suspended, one was fired and only one completed his term of office. During this sixteen year period, eight judges were appointed for four year terms each. None of them served a full term. One just left the country, two resigned and five were fired. Of the twenty-seven U.S. Commissioners appointed between 1884 and 1900 fifteen resigned, two declined to serve, one was fired, three completed their term of office and the remaining six just left. The quality of justice in the Commissioners Court was called into question by the proclamation of one U.S. Commissioner upon arrival at his station in 1892.
I have been appointed by the United States to skin you and I am going to do it143. He did.

In Memoriam
Thus was the administration of criminal justice in Alaska during the first thirty-five years. Much material cited herein rings with the familiarity of other systems. Bureaucracy, inefficiency and corruption are common problems. Congressional apathy was not restricted to Alaska. Political pressures, carpet-bagger administrators and inadequate funds have been perennial predisposing factors in other decadent systems of justice. All of these are to be found in Alaskas early development. Yet, attributing the shortcomings of this judicial system to these factors alone would be an over-simplification. The preliminary provisions for the preservation of law and order were indicative of Congressional neglect which was to haunt Alaska until the granting of Statehood. Civil law enforcement machinery was totally lacking for the first seventeen years.. During this period, sporadic, and unconstitutional, attempts were made to preserve by Judge Bugbee but succeeding Marshals were reluctant to expend funds for the transportation of witnesses unless they were prisoners.
143

Nichols, Jeannette, History of Alaska, Arthur Clark Co., Cleveland, 1924, p. 236.

the peace. The non-existent law was implemented by the U.S. Army, the U.S. Navy, the U.S. Revenue Marine Service, a British Man-of-War vessel, a Customs Collector, Treasury Revenue Agents, a Board of Indian Commissioners, Miners Meetings, the Alaska Commercial Company and the United States Marshal. Only the latter had any legal authority for general law enforcement. None of the officials sent to govern Alaska, civil or military, had the benefit of any instructions. The only exception of that was the inauguration of the court at Nome. In this instance, the Attorney General sent a man to advise the officers of the court in the performance of their duties. But, he resigned and joined with the corrupt court officials to use his advisory talents in the subversion of justice. With no instructions, the court officials turned to the law to learn that Alaska was to be governed by the conflicting laws of the Oregon Code and the archaic Revised Statutes of 1790. Even these inadequate codes were unavailable to most deputies and commissioners twelve years after establishment of the Civil-Judicial District in 1884. In addition to the regular law enforcement duties of the Marshal in Alaska, he was also required to handle admiralty cases, enforce prohibition, care for the mentally ill, and survey the land. For these various responsibilities, he was accountable directly to the U.S. Departments of Treasury, Interior, Attorney General (later Justice) and the General Land Office. Some specific functions were supervised directly by the Congress: and the President of the United States. These structural defects were augmented by the Washington Syndrome--a state of mind prevalent in Washington best describing one who lacks empathy, operates in a vacuum, functions independently of reality, and, it was suspected, is somewhat bereft of reason, The Marshal, and the military, endeavored to function in the face of these inordinate difficulties and struggled to maintain law and order in an area two-fifths the size of the continental United States with no means of transportation in an area subject to some of the worst weather in the world; while Congress and the Executive Branch of the Government sought from time to time to administer the Territory. In reviewing this period, one is awed by the fact that anything but chaos emerged upon the scene. It would have been an accomplishment just to survive the conditions imposed upon Alaska. Yet, these pioneers of the Alaska judicial system did more than this. They assumed the initiative and used their ingenuity to provide a government-of-sorts while Congress deliberated for three decades. Of course, some of the officials, as might be expected, were not a constructive force. The bombardment of Wrangell and failure to recognize the significance of the blood feud in the native culture could have been disastrous if continued. Nevertheless, the modest accomplishments of this period are a tribute to the self-reliance of the men sent to administer criminal justice in the Last Frontier. With the turn of the century, Alaska was provided with three judicial districts, codes of criminal and civil procedures, sufficient Marshals and Commissioners to enforce the law, and a vision of the future where Alaska would be able to flourish and prosper under the benevolence of the American Flag. The travesty which followed caused some to modify this assumption.

CHAPTER NOTES

CHAPTER NOTES

Prologue: pp. vii-xiv

Pp; vii and viii: See generally U.S. Congress, House, Message from the President of the United States, in answer to a Resolution of the House of the 19th of December last, transmitting correspondence in relation to Russian America, 40th Cong., 2nd Sess., Ex. Doc. No. 177, Feb. 19, 1870. P. ix:For origin of the name Alaska see U.S. Congress, Senate, Reports of Captain L. A. Beardslee, U.S. Navy, Relative to Affairs in Alaska, 47th Cong., lst Sess., Ex. Doc. No. 71, 1881, p. 173. Pp.xii-xiv: See generally op. cit., House, Ex. Doc. No. 177.

Chapter I: pp. 1-27

Pp. 1-3: Ibid. P. 4: For details of this incident involving the Kake Indians see U.S. Congress, House, Report of the Secretary of War, 41st Cong., 2nd Sess., Ex. Doc. No. 1, Part 2, Nov. 20, 1869, pp. 115, 116. Pp. 6-9: For complete report of the bombardment of the Ranch at Fort Wrangell see U.S. Congress, Senate, Letter of the Secretary of War, 41st Cong., 2ndSess., Ex. Doc. No. 67, Mar. 19, 1870, pp. 1-10. Pp. 10-12: See generally U.S. Congress, Senate, Message from the President of the United States, 44th Cong., 1st Sess., Ex. Doc. No. 33, Part 2, Apr. 6, 1876. P. 15:For the complete opinion of Judge Deady in the Carr case see U.S. Congress, Senate, Letter from the Secretary of War, 43rd Cong., 2ndSess., Ex. Doc. No. 24, Feb. 6, 1875, p. 2. Pp. 22: For Captain Campbells complete report of military arrests in Alaska see U.S. Congress, Senate, Message of the President of the United States, 44th Cong., 1st Sess., Ex. Doc. No. 33, Part 2, Apr. 6, 1876, pp. 1-11. Pp.23-27:See legal brief of the Attorney General of the United States relative to jurisdiction of the War Department in Alaska in U.S. Congress, House, Jurisdiction of the War Department over the Territory of Alaska, 44th Cong., 1st Sess., Ex. Doc. No. 135, Feb. 21, 1876, pp. 1-7.

Chapter II: pp. 28-39

Pp. 34-35:For further discussion of conditions in the Alaska Customs District see generally U.S. Congress, Senate, Report Upon the Customs District, Public Service, and resources of Alaska Territory; William Gouverneur Morris, Special Agent of the Treasury Department, 45th Cong., 3rd Sess.,

Ex. Doc. No. 59, Jan. 7, 1879. Pp. 36-38:For complete discussion of the Indian uprising and sub sequent activities see Commander Beardslees report in U.S. Congress, Senate, Affairs in Alaska; Reports of Commander L. A. Beardslee, 46th Cong., 2nd Sess,, Ex. Doc. No. 105, 1880. Also note W. J. Burwells report of February 1879, same document.

Chapter III: pp. 40-57

Pp. 40-44: Ibid. P. 44: For details of the Williams-Roy shooting see generally U.S. Congress, Senate, Reports of Captain L. A. Beardslee, U.S. Navy, Relative to Affairs in Alaska, and the Operations of the U.S.S. Jamestown, Under his Command, While in the Waters of That Territory, 47th Cong., 1st Sess., Ex. Doc. No. 71, 1882, and also op. cit., Senate, Ex. Doc. No. 105. Pp. 4,9, 50: For detailed discussion of Captain Glass action in sending these prisoners to Judge Deadys court see U.S. Congress, House, Report of the United States Naval Officers Cruising in Alaska Waters, 47th Cong., lst Sess., Ex. Doc. No. 81, Feb. 24, 1882, pp. 4, 5. P. 52: For additional discussion of this first Territorial convention see Jeannette Nichols, History of Alaska, Arthur H. Clark Co., Cleveland, 1924, pp. 65-71 and cited documents there in. Pp. 5 3-56: For detailed description of the civil government and other provisions of the Act of May 17, 1884 see generally report of the Secretary of the Interior in U.S. Congress, Senate, Message from the President of the United States, 49th Cong., 1st Sess., Ex. Doc. No. 115, Apr. 1, 1886.

Chapter IV: pp. 58-97

P. 59:, See U.S. Congress, House, Civil Officers in Alaska, 48th Cong., 2ndSess., Ex. Doc. No. 189, Feb. 5, 1885, p. 1, for report of U.S. Commissioner George P. Ihrie and the request for travel expenses. P. 60, footnote 88: For complete discussion of laws, rules and regulations applicable to education in Alaska see generally U.S. Congress, Senate, Report on Education in Alaska, with Maps and Illustrations, 49th Cong., 1st Sess., Ex. Doc. No. 85, 1886 and also U.S. Congress, House, Compulsory School Attendance in Alaska, 51st Cong., lst Sess., Ex. Doc. No. 321, Apr. 11, 1890. P. 62: See generally unnumbered Annual Report, Governor of Alaska, Juneau, Alaska, 1886. Pp. 63-65: For detailed discussion of conditions at Unalaska and the operations of the A. C. Company see generally U.S. Congress, House, Alaska Seal and Fur Company, 50th Cong., 1st Sess., Ex. Doc. No. 297, May 2, 1888. P. 67: For discussion of compensation for deputy marshals see generally Appendices R, HH, II, and JJ. P. 72: For complete committee report on the request for a vessel see generally U.S. Congress, House, Steam-Vessel for Use of Civil Government of Alaska, 51st Cong., 1st Sess., Report No. 1203, Apr. 2, 1890. See also Appendix C.

P. 73: For reprint of Marshal Porters letter of December 11, 1890 and answer by the Attorney General see U.S. Congress, House, Transportation of Witnesses in Alaska, 51st Gong., 2nd Sess., Ex. Doc. No. 194, Jan. 22, 1891. P. 85: For references on insanity see U.S. Congress, House, Report of the Secretary of the Interior, 53rd Cong., 3rd Sess., Ex. Doc. No. 1, Part 5, 1894, p. XLIX; also, generally, U.S. Congress, House, Annual Report of the Attorney-General of the United States for the Year 1885, 49th Cong., 1st Sess., Ex. Doc. No. 7, 1885; and, U.S. Congress, Senate, Reports of Captain L. A. Beardslee, U.S. Navy, Relative to Affairs in Alaska, and the Operations of the U.S.S. Jamestown, Under his Command, While in the Waters of That Territory, 47th Cong., 1st Sess., Ex. Doc. No. 71, 1882. Pp. 85, 86: For further information on the Frank Aaron case see U.S. Congress, House, Letter from the Attorney General, 48th Cong., 2ndSess., Ex. Doc. No. 250, Feb. 20, 1885. Also see Appendix ZZ for law relative to admission to the Government Hospital for the Insane. P. 90: Concerning the contract with Oregon State Insane Asylum see U.S. Congress, House, Annual Reports of the Department of the Interior for the Fiscal Year Ended June 30, 1901, 57th Cong., lst Sess., Ex. Doc. No. 5, 1901, p. CXVII. P. 91: The inference that mental patients were thereafter transferred regularly to Oregon is derived from an evaluation of original correspondence in the authors possession covering the subsequent decades. P. 91: For complete discussion of filing claims on the land occupied by the Russian Governors garden see Captain W. A. Howards report to the Secretary of Treasury in U.S. Congress, House, Message from the President of the United States, in answer to a Resolution of the House of the 19th of December last, transmitting correspondence in relation to Russian America, 40th Cong., 2nd Sess., Ex. Doc. No. 177, Feb. 19, 1868, pp. 195-198. P. 92: For details of the committee proposal for a land survey in Interior Alaska see U.S. Congress, House, Military Post in the Interior of Alaska, 51st Cong., 1st Sess., Report No. 3166, Sept. 23, 1890. Pp. 92, 93: For additional information concerning the Territorial Convention see generally U.S. Congress, Senate, Letter from the Secretary of Interior Transmitting Proceedings of a Convention in Alaska Relative to Certain Legislative Needs of the Territory, 51st Cong., 2nd Sess., Ex. Doc. No. 39, Jan. 13, 1891. P. 93: For complete discussion of the Committee on the Territories and the Act of March 3, 1891 see generally U.S. Congress, House, Temporary Government for Alaska, 51st Cong., 2nd Sess., Report No. 3698, Feb. 5, 1891 and U.S. Congress, House, Report of the Secretary of the Interior, 53rd Cong., 3rd Sess., Ex. Doc. No. 1, Part 5, 1894. P. 95: For details of the Act of June 24, 1897 (and all other laws in effect at the time of acquisition of Alaska and relating thereto, as well as laws passed subsequent to 1867) see Thomas H. Carter, The Laws of Alaska, Callaghan and Company, Chicago, 1900, pp. 433, 435. P. 95: For Acts of May 14, 1898, May 21, 1900 and June 6, 1900 see Ibid.

P. 96: For additional information concerning the General Land Office, the Commissioners order of June 27, 1900 and Distins appointment see generally U.S. Congress, House, Annual Reports of the Department of the Interior for the Fiscal Year Ended June 30, 1900, 56th Cong., 2nd Sess., Ex. Doc. No. 5, 1900. See also Appendix LLL. P. 96: For discussion of Territorial Militia see generally U.S. Congress, House, Report of the Secretary of the Interior, 53rd Cong., 2ndSess., Ex. Doc. No. 1, Part 5, 1893 and U.S. Congress, House, Report of the Secretary of the Interior, 52nd Cong., 2nd Sess., Ex. Doc. No. 1, Part 5, 1892. P. 97: Authors summary evaluation based on cited references in the preceding section and a review of all correspondence between the Marshal and the Attorney General during the period covered in this study.

Chapter V: pp. 98-116

Pp. 98, 99: For further description of the discovery of the Pribilof Islands see Clarence C. Hulley, Alaska: 1741 -1953, Binford and Morts, Portland, Oregon, 1953, pp. 66-69. Also, generally U.S. Congress, Senate, Letter from the Secretary of the Treasury, 49th Cong., 1st Sess., Ex. Doc. No. 83, 1886. Pp. 100, 101: See generally U.S. Congress, Senate, Message of the President of the United States, 40th Cong., 3rd Sess., Ex. Doc. No. 42, Feb. 5, 1869; U.S. Congress, House, Fur-Seal Fisheries of Alaska, 41st Cong., 2ndSess., Ex. Doc, No. 129, Feb. 11, 1870; and U.S. Congress, Senate, Letter from the Secretary of War, 44th Cong., 1st Sess., Ex. Doc. No. 12, Jan. 6, 1876 (note General Howards report of his inspection in Alaska dated June 30, 1875). Pp. 102, 103: See generally U.S. Congress, House, Report of Secretary of War, 41st Cong., 2nd Sess., Ex. Doc. No. 1, Part 2, Nov. 20, 1869 and Ibid., Senate Ex. Doc. No. 12 (note General Thomas report of Sept. 27, 1869). See U.S. Congress, House, Alaska Seal Fisheries, 44th Cong., 1st Sess., Ex.. Doc. No. 43, Jan. 5. 1876, p. 29. Pp. 103-105: For details of the lease of the seal islands see Ibid., Senate Ex. Doc. No. 12. Pp. 105-107: For further discussion of implementation of the lease at Saint Paul Island see generally Ibid., House, Ex. Doc. No. 43. Pp. 108-109: For complete report of Lieutenant Maynard and Treasury Agent Elliott and list of officers of Hutchinson et al see Ibid., House, Ex. Doc. No, 43. P. 110: For details of McIntyres abuse of the natives on Saint George see Ibid., House, Ex. Doc., No. 43, pp. 133 and 181. Pp. 111-112: For general discussion of importation of firearms see Ibid., House, Ex, Doc. No. 43, P. 112: For Captain Whites report see U.S. Congress, Senate, Letter from the Secretary of War, 44th Cong., 1st Sess., Ex. Doc. No. 48, Feb. 29, 1876, pp. 1-5, P.113: For further discussion of the activities of the Revenue Marine Service in the Arctic Ocean see generally U.S. Congress, Senate, Letter from the Secretary of Treasury, 48th Cong., 1st Sess., Ex. Doc. No. 149, Apr. 8, 1884. P. 114: For House Committee action see U.S. Congress, House, Alaska Commercial Company, 50th Cong., 1st Sess., Misc. Doc. No. 138, Jan. 23, 1888. Also, U.S. Congress, House, Fur-Seal Fisheries of Alaska,

50th Cong., 2nd Sess., Report No. 3883, Jan. 29, 1889 and U.S. Congress, House, Fur-bearing Animals in Alaska, 50th Cong., 1st Sess., Ex. Doc. No. 296, May 3, 1888, concerning revenue from the fur seal skins. For Senate action concerning the lease, see U.S. Congress, Senate, In the Senate of the United States, 51st Cong., 1st Sess., Misc. Doc. No. 40, Jan. 6, 1890. P. 114: For details of least of seal islands to the Northern America Commercial Company see U.S. Congress, Senate, Letter from the Acting Secretary of the Treasury, 51st Cong., 2nd Sess., Ex. Doc. No. 49, Feb. 9, 1891. P. 115: For cruise of the Corwin in 1886 and the discussion of the international arbitration tribunal see Clarence C. Hulley, op. cit., pp. 276-278. For description of the activities of the fleet under command of Commander Evans in 1892 see generally U.S. Congress, House, Report of the Secretary of the Navy, 52nd Cong., 2nd Sess., Ex. Doc. No. 1, Part 3, 1892.

Chapter VI: pp. 117-1 36

P. 117: For a copy of Sewards letter to the President regarding the encroachment of the Hudsons Bay Company see U.S. Congress, Senate, Message, of the President of the United States, 40th Cong., 3rdSess., Ex. Doc. No. 42. Feb. 5, 1869, p. 1. P. 118: Concerning Captain Raymond's report of his journey on the Yukon River see generally U.S. Congress, House, Youkon River and Island of Saint Paul, 41st Cong., 2ndSess., Ex. Doc, No. 112, Feb. 8, 1870. P. 119: For Lieutenant Schwatkas full report see U.S. Congress, Senate, Report of a Military Reconnaissance in Alaska, made in 1883 by Frederick Schwatka, 1st Lieut. 3d Regt. Cavalry, U.S. Army, 48th Cong., 2nd Sess., Ex. Doc. No. 2, 1885. For reports of expeditions on the other cited rivers see U.S. Congress, Senate, Report of an Expedition to the Copper, Tanana and Koyukuk Rivers in the Territory of Alaska in the Year 1885, 49th Cong., 1st Sess., Ex. Doc. No. 125, 1887. P. 120: For discussion of conditions at Forty-mile see Pierre Berton, The Klondike Fever, Alfred A. Knopf, N.Y., 1960, pp. 23- 27. P. 121: For detailed description of the arrival of the "Excellsior" at San Francisco and the subsequent exodus from that city and Seattle for the gold fields see Ibid., pp. 99-136. Also, U.S. Congress, Senate, Alaska Gold Fields, 55th Cong., 2nd Sess.,, Ex. Doc. No. 14, Dec. 13, 1897, concerning increase in strength of North West Mounted Police in the Klondike. Pp. 121, 122: For report of Captain Rays expedition on the Yukon River see Ibid., Senate, Ex. Doc. No. 14. Pp. 122, 123. See Pierre Bertons description of the miners meetings at Forty-mile, op. cit., pp. 24, 25. Pp. 125, 126: For further discussion of relief expeditions sent to Alaska see generally U.S. Congress, House, Annual Reports of the War Department for the Fiscal Year Ended June 30, 1898,55th Cong., 3rd Sess., Ex. Doc. No. 2, 1898. Also, California Law Review, School of Jurisprudence, University of California, Berkeley, Vol. IV, 1916, p. 91. P. 128: For further discussion of the abandonment of the relief expedition by the military and secondary exploratory efforts see Ibid., House Ex. Doc. No. 2, 1898 and U.S. Congress, House, Annual Reports of the War Department for the Fiscal Year Ended June 30, 1899, 56th Cong., lst Sess., Ex. Doc. No.

2, 1899. Pp. 129-131:For complete description of Soapy Smith and his death at Skagway see Berton, op. cit., Chapter 10, pp. 333-365. Pp. 131, 132: For further discussion of Jacksons efforts to aid the miners at Dawson see California Law Review, School of Jurisprudence, University of California, Berkeley, Vol. IV, 1916, pp. 89-113. P. 132: Concerning the Barrow refuge station see U.S. Congress, House, Refuge Station, Point Barrow, Alaska, 51st Cong., 1st Sess., Ex. Doc. No. 249, Mar. 3, 1890. Pp. 133-135: For details of this relief expedition to Point Barrow see Lieutenant Jarvis' diary in Charles Scammon, Correspondence and Papers 1849-1911, Bancroft Library, University of California, Berkeley, P-K-63. P. 135: For citation of laws in force at this time see U.S. Congress, House, Punishment of Crimes in the District of Alaska, Etc., 55th Cong., 2nd Sess., Report No. 1482, June 2, 1898. P. 136: Concerning the commission to codify the laws pertaining to Alaska see U.S. Congress, Senate, Criminal and Penal Laws Relating to Alaska, Etc.,. 55th Cong., 2ndSess., Ex. Doc. No. 60, Jan. 14, 1898. P. 136: For discussion of Judge Johnsons trip through the Interior see James Wickersham, Old Yukon, Washington Law Book Co., Washington, D.C., 1938, pp. 400-401. Also, U.S. Congress, House, Annual Report of the Attorney-General of the United States for the Year 1899, 56th Cong., 1st Sess., Ex. Doc. No. 9, 1899, p. 53. For efforts to restore prohibition in Alaska see U.S. Congress, Senate, Proposed Restoration of Prohibition in Alaska, Etc., 57th Cong., 2nd Sess., Ex. Doc. No. 85, Jan. 14, 1903. Note quotation from Rudyard Kipling on page 14.

Chapter VII: pp. 137-158

Pp. 137-1 39: For description of the discovery of gold at Cape Nome see California Law Review, pp. 95-102. Pp. 139-141: For complete report of Lieutenant Spauldings actions at Nome and related events see generally U.S. Congress, House, Annual Reports of the War Department for the Fiscal Year Ended June 30, 1899, 56th Cong., 1st Sess., Ex. Doc. No. 2, 1899. P. 142: For re-establishment of the Alaska Military District see U.S. Congress, House, Annual Reports of the War Department for the Fiscal Year Ended June 30, 1900, 56th Cong., 2nd Sess., Ex. Doc. No. 2, 1900. For discussion of Charles Lanes investment in the Anvil Creek enterprise see generally U.S. Congressional Record, Vol. XXXIII, Apr. 9, 1900, pp. 3926-3934. See also Ibid., California Law Review. Pp. 143-145. For detailed discussion of efforts in Congress to defraud the Nome miners see U.S. Congress, Senate, Civil Government for Alaska, 56th Cong., 1st Sess., Ex. Doc. No. 272, Apr. 6, 1900, pp. 1-3. P. 145: For discussion of Act of June 6, 1900 see California Law Review, op. cit., pp. 102, 103. Concerning McKenzies gold mining company see Wickersham, op. cit., p. 347. P. 146: For discussion of military operations at Nome see U.S. Congress, House, Annual Reports of the War Department for the Fiscal Year Ended June 30, 1900, 56th Cong., 2nd Sess., Ex. Doc. No. 2, 1900.

Pp. 147-149: See California Law Review, op cit., pp. 103-108 Pp. 149-15 3: See The Federal Reporter, Vol. 121, St. Paul, West Publishing Co., 1903, pp. 209-233. Pp. 145-153: See also Wickersham, op. cit., pp. 346-357 for additional discussion regarding the Nome scandal. Pp. 149-158: See Wickersham, op. cit., pp. 357-376 for conviction of the Nome conspirators and Judge Wickershams subsequent experience at Nome.

Chapter VIII: pp. 159-164

P. 159: For discussion of military activities see U.S. Congress, House, Annual Reports of the War Department for the Fiscal Year Ended June 30, 1901, 57th Cong., lst Sess., Ex. Doc. No.2, 1901; also, U.S. Congress, House, Annual Reports of the War Department for the Fiscal Year Ended June 30, 1900, 56th Cong., 2nd Sess., Ex. Doc. No. 2, 1900; and, U.S. Congress, House, Annual Reports of the Department of the Interior for the Fiscal Year Ended June 30, 1902, 57th Cong., 2nd Sess., Ex. Doc. No. 5, 1902. Pp. 159, 160: For details of these Acts see Carter, loc. cit. P. 160: For report of the indictment of Hillyer see (Judge) James Wickersham, Alaska Reports, Vol. 1, St. Paul, Minn., West Publishing Co., 1903, p. 69. Pp. 160, 161: For discussion of appeals from the Alaska District Court see U.S. Congress, House, Appeals from United States District Court of Alaska, 55th Cong., 2nd Sess., Report No. 1459, May 27, 1898. For review cf appointment and term of office of Alaska officials see op. cit.. Alaska Reports. Pp. 161-164: Authors summary evaluation and comment based upon the recited and reference material herein recorded.

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U. S. House of Representatives. Government Buildings in Alaska, Ex. Doc. No. 171. 48th Cong., 2nd Sess. , Jan. 31, 1885. U.S. House of Representatives. Civil Government of Alaska. Ex. Doc. No. 227, 48th Cong. , 2nd Sess. , Feb. 14, 1885. U.S. House of Representatives. Civil Officers in Alaska. Ex. Doc. No. 189. 48th Cong. , 2nd Sess. , Feb. 5, 1885. U.S. House of Representatives. Courthouses and Jails in Alaska Ex. Doc. No. 249. 48th Cong. , 2nd Sess. , Feb. 20, 1885. U.S. House of Representatives. Letter from the Attorney General. Ex. Doc. No. 250. 48th Cong. , 2nd Sess. Feb. 20, 1885. U. S. House of Representatives. Revenue Marine Service, Ex. Doc. No. 252. 48th Cong. , 2nd Sess. , Feb. 24, 1885. U. S. House of Representatives. Annual Report of the Attorney General of the United States for the Year 1884. Ex. Doc. 4o. 12. 48th Cong. , 2nd Sess. , 1884. U. S. House of Representatives. Annual Report of the Attorney General of the United States for the Year 1885. Ex. Doc. No. 7. 49th Cong. , 1st Sess. , 1885. U.S. House of Representatives. Letter from the Attorney General. Ex. Doc. No. 11. 49th Cong., lst Sess., 1885. U.S. House of Representatives. Report of the Secretary of The Interior. Ex. Doc. No. 1, Part 5. 49th Cong. , 2nd Sess. 1887. U. S. House of Representatives. Fur-Bearing Animals in Alaska. Ex. Doc. No. 296. 50th Cong. , 1st Sess. , May 3, 1888. U.S. House of Representatives. Alaska Seal and Fur Company. Ex. Doc. No. 297. 50th Cong. , 1st Sess. , May 2, 1888. U. S. House of Representatives. Alaska Commercial Company. Misc. Doc. No. 138, 50th Cong. , 1st Sess. , Jan. 23, 1888. U. S. House of Representatives. Report of the Secretary of the Interior. Ex. Doc. No. 1, Part 5. 50th Cong. , 1st Sess. , 1887. U. S. House of Representatives. Organization of the Territory of Alaska. Report No. 1318. 50th Cong. , 1st Sess. , March 26, 1888. U. S. House of Representatives. Annual Report of the Attorney General of the United States for the Year 1888. Ex. Doc. No. 7 50th Cong. , 2nd Sess. , 1888. U. S. House of Representatives. Fur-Seal Fisheries of Alaska. Report No. 3883. 50th Cong. , 2nd Sess. , Jan. 2971889. U. S. House of Representatives. Report of the Secretary of the Interior. Ex. Doc. No. 1, Part 5. 50th Cong. , 2nd Sess., 1888.

U. S. House of Representatives. Letter from the Attorney General. Ex. Doc. No. 146. 51st Cong., 1st Sess. , Jan. 22, 1890. U.S. House of Representatives. Report of Secretary of Treasury. Ex. Doc. No. 249. 51st Cong. , 1st Sess. , March 3, 1890. U.S. House of Representatives. Report of Attorney-General. Ex. Doc. No. 288. 51st Cong. , 1st Sess. March 18, 1890. U.S. House of Representatives. Report of Secretary of Treasury. Ex. Doc. No. 321. 51st Cong. , 1st Sess. , Apr. 11, 1890. U.S. House of Representatives. Steam-Vessel for Use of Civil Government of Alaska. Report No. 1203. 51st Cong., 1st Sess. , Apr. 2, 1890. U.S. House of Representatives. Decisions of United States Court of Alaska. Report No. 1793. 51st Cong. , 1st Sess. , Apr. 28, 1890. U. S. House of Representatives. Ports of Delivery in Alaska Territory. Report No. 2330. 51st Cong. , 1st Sess. , Feb. 20, 1890. U.S. House of Representatives. Town Sites in Alaska. Report No. 2450. 51st Cong. , 1st Sess. , June 14, 1890. U.S. House of Representatives. Military Post in the Interior of Alaska. Report No. 3166. 51st Cong.. 1st Sess. , Sept. 23, 1890. U.S. House of Representatives. Maintenance of a Steam vessel for use of Civil Authorities of Alaska. Ex. Doc. No. 93. 51st Cong. 1st Sess. , Jan. 13, 1890. U.S. House of Representatives. Erection of Marine Barracks at Sitka, Alaska. Ex. Doc. No. 103. 51st Cong. , 1st Sess. , Jan. 13, 1890. U.S. House of Representatives. Report of the Secretary of the Interior. Ex. Doc. No. 1, Part 5, 51st Congress, 2nd Sess. 1890. U.S. House of Representatives. Transportation of Witnesses in Alaska. Ex. Doc. No. 194. 5lst Cong., 2nd Sess., Jan. 22, 1891. U.S. House of Representatives. Annual Report of the Attorney General of the United States for the Year 1890. Lx. Doc. No. 7. 51st Cong. , 2nd Sess. , 1890. U.S. House of Representatives. Temporary Government for Alaska. Report No. 3698. 51st Cong. , 2nd Sess., Feb. 5, 1891. U.S. House of Representatives. Report of the Secretary of the Interior. Ex. Doc. No. 1, Part 5. 52nd Cong. , 1st Sess. , 1891. U.S. House of Representatives. Annual Report of the Attorney-General of the United States. Ex. Doc. No. 7, 52nd Cong. 1st Sess., 1891. U.S. House of Representatives. Report of the Secretary of the Navy. Ex. Doc. N . 1, Part 3. 52nd Cong. , 2nd Sess. , 1892.

U.S. House of Representatives. Report of the Secretary of the Treasury, Transportation of Jurors and Witnesses. Ex. Doc. No. 222. 52nd Cong. , 2nd Sess., Feb. 2, 1893. U.S. House of Representatives. Report of the Secretary of the Interior. Ex. Doc. No. 1, Part 5. 52nd Cong. , 2nd Sess. , 1892. U.S. House of Representatives. Report of the Secretary of the Interior. Ex. Doc. No. 1, Part 5. 53rd Cong. , 2nd Sess. , 1893. U.S. House of Representatives. Report of the Secretary of the Interior. Ex. Doc. No. 1, Part 5, 53rd Cong. , 3rd Sess. , 1894. U.S. House of Representatives. Report of the Secretary of the Interior. Vol. 1. Ex. Doc. No. 5. 54th Cong. , 1st Sess. , 1895. U.S. House of Representatives. Annual Report of the Attorney-General of the United States. Ex. Doc. No. 9. 54th Cong. , 1st Sess. , 1895. U.S. House of Representatives. Clerk and Deputy Marshal at Juneau, Alaska. Ex. Doc. No. 50. 55th Cong. , 1st Sess. May 13, 1897. U.S. House of Representatives. Seal and Salmon Fisheries and General Resources of Alaska. Vol. IV, Ex. Doc. No. 92. 55th Cong. , 1st Sess. , 1898. U.S. House of Representatives, Annual Report of the Attorney-General of the United States. Ex. Doc. No. 9. 55th Cong. 2nd Sess. , 1897. U.S. House of Representatives. Appeals from United States District Court of Alaska. Report No. 1459. 55th Cong., 2nd Sess. , May 27, 1898. U.S. House of Representatives. Punishment of Crimes in the District of Alaska, Etc. Report No. 1482. 55th Cong. , 2nd Sess. June 2, 1898. U.S. House of Representatives. Annual Reports of the Department of the Interior. Ex. Doc. No. 5. 55th Cong. , 2nd Sess. June 30, 1897. U.S. House of Representatives. Additional Military Posts in Alaska. Ex. Doc. No. 285. 55th Cong. 2nd Sess. , Feb. 5, 1898. U.S. House of Representatives. Annual Report of the Attorney-General of the United States. Ex. Doc. No. 9, 55th Cong. 3rd Sess. , 1898. U.S. House of Representatives, Laws Other than Criminal Relating to Alaska. Ex. Doc. No. 99. 55th Cong. , 3rd Sess. Dec. 21, 1898. U.S. House of Representatives. Annual Reports of the War Department. Ex. Doc. No. 2, 55th Cong. , 3rd Sess. , June 30, 1898. U.S. House of Representatives. Annual Reports of the War Department. Ex. Doc. No. 2, 56th Cong. , 1st Sess. , June 30, 1899. U.S. House of Representatives. Annual Reports of the Department of the Interior. Ex. Doc. No. 5. 56th Cong. , 1st Sess. , June 30, 1899.

U.S. House of Representatives. Annual Report of the Attorney General of the United States. Ex. Doc. No. 9. 56th Cong. , 1st Sess. , 1899. U.S. House of Representatives. Court-House and Jail at Skagway, Alaska. Ex. Doc. No. 238. 56th Cong. , 2nd Sess., June 6, 1900. U.S. House of Representatives. Annual Reports of the Department of Interior. Ex. Doc. No. 5. 56th Cong. , 2nd Sess., June 30, 1900. U.S. House of Representatives. Clerical Assistance District of Alaska. Report No. 2769. 56th Cong. , 2nd Sess. , Feb. 9, 1901. U.S. House of Representatives. Annual Reports of the War Department. Ex. Doc. No. 2. 56th Cong. , 2nd Sess. , 1900. U.S. House of Representatives. Annual Report of the Attorney-General of the United States. Ex. Doc. No. 9. 56th Cong. , 2nd Sess. , 1900. U.S. House of Representatives. Annual Reports of the War Department. Ex. Doc. No. 2. 57th Cong. , 1st Sess. , 1901. U.S. House of Representatives. Annual Report of the Attorney General of the United States. Ex. Doc. No. 9. 57th Cong. , 1st Sess. , 1901. U.S. House of Representatives. Annual Reports of the Department of the Interior. Ex. Doc. No. 5. 57th Cong. , 1st Sess. , June 30, 1901. U.S. House of Representatives. Annual Reports of the Department of Interior. Ex. Doc. No. 5. 57th Cong. , 2nd Sess. June 30, 1902. U.S. House of Representatives. Annual Reports of the War Department. Ex. Doc. No. 2. 57th Cong., 2nd Sess., June 30, 1902. U.S. House of Representatives. Annual Report of the Attorney General of the United States. Ex Doc. No. 9. 57th Cong., 2nd Sess., 1902. U.S. Senate. Message of the President of the United States. Ex. Doc. No. 42. 40th Cong. , 3rd Sess. , Feb. 5, 1869. U.S. Senate. Letter of the Secretary of the Interior. Ex Doc. No. 68. 41st Cong. , 2nd Sess. , Mar. 22, 1870. U.S. Senate. Letter to the Secretary of War. Ex. Doc. No. 67. 41st Cong., 2nd Sess., Mar. 21, 1870. U.S. Senate. Letter from the Secretary of War. Ex. Doc. No. 24. 43rd Cong. , 2nd Sess. , Feb. 6, 1875. U.S. Senate. Letter from the Secretary of War. Ex. Doc. No. 15. 43rd Cong., 2nd Sess., Jan. 14, 1875. U.S. Senate. Letter from the Secretary of War. Ex. Doc. No. 48. 44th Cong. , 1st Sess. , Feb. 29, 1876. U.S. Senate. Letter from the Secretary of War. Ex. Doc. No. 12. 44th Cong. , 1st Sess. , Jan. 6, 1876. U.S. Senate. Message from the President of the United States. Ex. Doc. No. 33, Part 2. 44th Cong., 1st Sess., Apr. 6, 1876.

U.S. Senate. Letter from Secretary of Treasury. Ex. Doc. No. 37. 44th Cong. , 1st Sess. , Mar. 20, 1876. U.S. Senate. Letter from the Secretary of the Navy. Ex. Doc. No. 48. 44th Cong. , 1st Sess. Jan. 5, 1876. U.S. Senate. Report upon the Customs District, Public Service and Resources of Alaska Territory. Ex. Doc. No. 59. 45th Cong. 3rd Sess. , Jan. 7, 1879. U.S. Senate. Affairs in Alaska; Reports of Commander L. A. Beardslee. Ex. Doc. No. 105. 46th Cong., 2nd Sess., 1880. U.S. Senate. Letter from the Secretary of the Interior. Ex. Doc. No. 30. 47th Cong. , 1st Sess. , Dec. 19, 1881. U.S. Senate. Reports of Captain L. A. Beardslee, U. S. Navy, Relative to Affairs in Alaska. Ex. Doc. No. 71. 47th Cong., lst Sess., 1882. U.S. Senate. Letter from the Secretary of Treasury. Ex. Doc. No. 149. 48th Cong. , 1st Sess. , Apr. 8, 1884. U. S. Senate. Convention for the Cession of the Russian Possessions in North America to the United States. Vol. I and II. (Treaties). Ex. Doc. No. 47. 48th Cong. , 2nd Sess. , and Special Sess. , March 4, 1885. U. S. Senate. Report of a Military Reconnaissance in Alaska, made in 1883 by Frederick Schwatka, 1st Lieut. , 3d Regt. Cavalry LI. S. Army. Ex. Doc. No. 2. 48th Cong. , 2nd Sess., 1885. U. S. Senate. Letter from the Secretary of Treasury. Ex. Doc. No. 65. 48th Cong. , 2nd Sess., 1885. U.S. Senate. Message from the President of the United States. Ex. Doc. No. 115. 49th Cong. , 1st Sess. , Apr. 1, 1886. U.S. Senate. Report on Education in Alaska, with Maps and Illustrations. Ex. Doc. No. 85. 49th Cong. , 1st Sess. , 1886. U.S. Senate. Letter from the Secretary of the Treasury. Ex. Doc. No. 83, 49th Cong. , 1st Sess. , 1886. U.S. Senate. Report of an Expedition to the Copper, Tanana and Koyukuk Rivers in the Territory of Alaska in the Year 1885. Ex. Doc. No. 125. 49th Gong. , 1st Sess. , 1887. U.S. Senate. Letter from the Secretary of the Interior. Ex. Doc. No. 22. 49th Cong., 2nd Sess. , June 18, 1886. U. S. Senate. Letter from the Secretary of Treasury. Ex. Doc. No. 7. 49th Cong. , 2nd Sess. , Dec. 20, 1886. U.S. Senate. Letter from the Secretary of the Treasury. Ex. Doc. No. 13. 50th Cong. , 2nd Sess. , Dec. 8, 1888. U.S. Senate. Letter from the Secretary of the Treasury. Ex. Doc. No. 30. 50th Cong. , 2nd Sess. , Dec. 20, 1888. U.S. Senate. Letter from the Secretary of the Interior. Ex. Doc. No. 74. 50th Cong. , 2nd Sess. , Jan. 17, 1889. U.S. Senate. Letter from the Secretary of the Treasury. Ex. Doc. No. 90. 50th Cong., 2nd Sess., Jan. 25,

1889. U.S. Senate. Message from the President of the United States. Ex. Doc. No. 146 50th Cong. , 2nd Sess. , Mar. 2, 1889. U.S. Senate. In the Senate of the United States. Ex. Doc. No. 40. 51st Cong. , 1st Sess. , Jan. 6, 1890. U.S. Senate. Report of the Committee on Military Affairs. Report No. 557. 51st Cong. , 1st Sess. , Mar. 28, 1890. U. S. Senate. Report of the Committee on Territories. Report No. 287. 51st Cong. , 1st Sess. , Feb. 13, 1890. U.S. Senate. Report of the Committee on Military Affairs. Report No. 557. 51st Cong. , 1st Sess. , Mar. 28, 1890. U.S. Senate. Letter from the Secretary of Interior Transmitting Proceedings of a Convention in Alaska Relative to Certain Legislative Needs of the Territory. Ex. Doc. No. 39. 51st Cong. 2nd Sess. , Jan. 13, 1891. U.S. Senate. Letter from the Acting Secretary of the Treasury. Ex. Doc. No. 49. 51st Cong., 2nd Sess., Feb. 9, 1891. U.S. Senate. Separate Judicial District in Alaska. Ex. Doc. No. 145. 55th Cong. , 1st Sess. , June 8, 1897. U.S. Senate. Alaska Gold Fields. Ex. Doc. No. 14. 55th Cong. , 2nd Sess. , Dec. 13, 1897. U.S. Senate. The Situation in Alaska. Ex. Doc. No. 15. 55th Cong. , 2nd Sess. , Dec. 13, 1897. U.S. Senate. Civil Government for Alaska. Report No. 607. 55th Cong., 2nd Sess. , Feb. 21, 1898. U.S. Senate. Criminal and Penal Laws Relating to Alaska, Etc. Ex. Doc. No. 60. 55th Cong. , 2nd Sess. , Jan. 14, 1898. U.S. Senate. Compilation of Narratives of Explorations in Alaska. Report No. 1023. 56th Cong. , 1st Sess. , Apr. 18, 1900. U.S. Senate. History of the Discovery of Gold at Cape Nome. Ex. Doc. No. 441. 56th Cong. , 1st Sess. , June 5, 1900. U.S. Senate. Civil Government for Alaska. Ex. Doc. No. 272. 56th Cong. , 1st Sess. , Apr. 6, 1900. U.S. Senate. Mining Laws Relating to Alaska. Ex. Doc. No. 69. 56th Cong. , 2nd Sess. , Jan. 3, 1901. U. S. Senate. Mining Laws of the United States. Report No. 2414. 56th Cong. , 2nd Sess. , Feb. 23, 1901. U. S. Senate. Proposed Restoration of Prohibition to Alaska, Etc. Ex. Doc. No. 85. 57th Cong. , 2nd Sess. , Jan. 14, 1903. U. S. Senate. Annual Report of the Attorney-General of the United States for the Year 1902. Ex. Doc. No. 9. 57th Cong. , 2nd Sess. , 1902. Waters vs. Campbell. Century Edition of the American Digest. Vol. 27. West Pub. Co. , St. Paul, 1901, p. 2010. Wickersham, James (Judge), Alaska Reports, Vol. 1, St. Paul, Minn. , West Publishing Co. , 1903.

2. Books.
Bancroft, H. H. , History of Alaska, Bancroft and Co., San Francisco, California, 1886. Berton, Pierre, The Klondike Fever, Alfred A. Knopf, N. Y. 1960. Brooks, Alfred H. , Blazing Alaskas Trails, University of Alaska, College, 1953. Greely, A. W. , Handbook of Alaska, Its Resources, Products and Attractions, Charles Scribners Sons, N. Y. , 1954. Gruening, Ernest, The State of Alaska, Random House, N. Y. 1954. Hellenthal, J. A. , The Alaskan Melodrama, Liveright Publishing Co. , N. Y. , 1936. Hulley, Clarence C. , Alaska: 1741-1953, Binford and Morts, Portland, Oregon, 1953. McKee, Lenier, The Land of Nome, The Grafton Press, N. Y. 1902. Nichols, Jeannette, History of Alaska, Arthur H. Clark Co. Cleveland, 1924. Swineford, A. P. , Alaska History, Climate and Natural Resources, Rand, McNally and Co. , Chicago, 1899. Wickersham, James, Old Yukon, Washington Law Book Co. Washington, D. C. , 1938.

3. Periodicals
Nordhof, Charles. What Shall We Do With Scroggs? Harpers New Monthly Magazine, Vol. XLVII (1873), 41-44. Perkins, Hon. George C. The Civil Government of Alaska, National Geographic Magazine, Vol. IX. Washington, 1898, 172-178.

4. Unpublished Materials
From the authors personal library of original correspondence.

Letters to the Attorney General, U. S. Marshal, Sitka, Alaska, Jul.. 5, 1890 through Nov. 6, 1893. Letters to the Attorney General, U. S. Marshal, Sitka, Alaska, Nov. 6, 1893 through Apr. 9, 1896. Letters to the Attorney General, U. S. Marshal, Sitka, Alaska, Apr. 20, 1896 through Feb. 25, 1899. Letters to the Secretary of the Treasury, U. S. Marshal, Sitka, Alaska, Dec. 15, 1884 through Sept. 23, 1898. Letters to the U. S. Marshal, Comptroller, U. S. Treasury Department, Washington, D. C. , Nov. 24, 1884 through Jul. 8, 1889. Letters to the U. S. Marshal, Comptroller, U. S. Treasury Department, Washington, D. C. , Apr. 15, 1896 through Oct. 18, 1889.

Letters to the U. S. Marshal, The Attorney General, Washington, D. C. , Nov. 15, 1884 through Oct. 9, 1886. Letters to the U. S. Marshal, The Attorney General, Washington, D. C. , Apr. 9, 1888 through Jun. 17, 1889. Letters to the U. S. Marshal, The Attorney General, Washington, D. C. , Aug. 28, 1889 through Aug. 14, 1892. Letters to the U. S. Marshal, The Attorney General, Aug. 6, 1892 through Sept. 30, 1895. Letters to the U. S. Marshal, The Attorney General, Washington, D. C. , Sept. 30, 1895 through Oct. 18, 1897. Miscellaneous Letters, U. S. Marshall, Sitka, Alaska, Oct. 3, 1889 through Dec. 29, 1894. Miscellaneous Letters, U. S. Marshal, Sitka and Juneau, Alaska, Aug. 7, 1897 through Mar. 30, 1905. Miscellaneous Letters, U. S. Marshal, Sitka, Alaska, May 6, 1899 through Feb. 19, 1901 Miscellaneous Letters, U. S. Marshal, Juneau, Alaska, Feb. 19, 1901 through Dec. 5, 1902.

APPENDIX

APPENDIX A
U.S. Congress, House, Message from the President of the United States in answer to a resolution of the House of December last, transmitting correspondence in relation to Russian America, 40th Cong. 2nd Sess., Ex. Doc. No. 177, Feb. 19, 1868, p. 198.

United States Revenue Steamer Lincoln Sitka, August 17, 1867 Honorable Hugh McCulloch Secretary of the Treasury Washington, D. C. Sir: In obedience to your telegram respecting the administration of justice in Russian America, I respectfully report as follows: The administration of justice and punishment rests entirely in the hands of the governor of the colonies, excepting capital offences. In such event, he appoints a commission to inquire into the facts. If, in his opinion, the charges are sustained, he sends the accused to Amoor, with the witnesses, where the case is tried and carried into effect. All other cases are tried by the governor in person. Punishment are degradation from rank, whipping, fine, and imprisonment with hard labor. There are neither justices of the peace, judges, or civil officers of any kind. A record book is kept by the company offices, in which wills, or transactions requiring verification, are entered. A small fee is paid for such entry. There were five cases sent to the Amoor last year. The governor complains of the want of judges, and considers the responsibility too great. I am, sir, very respectfully, W. A. Howard Captain U. S. R. Marine, Special Agent

APPENDIX B U.S. Congress, House, Jurisdiction of the War Department over the Territory of Alaska, 44th Cong., 1st Sess., Ex. Doc. No. 135, (Brief), Feb. 21, 1876, p. 5.

Extract

The Indians, if not foreigners, are not citizens, and their tribes have the character of dependent nations under the protection of their government, as Chief Justice Marshall remarks, delivering the opinion of the Supreme Court in Worcester vs The State of Georgia, (6 Peters, 557): The treaties and laws of the United States contemplate the Indian country territory as completely separated from that of the States, and provide that all intercourse with them shall be carried on exclusively by the government of the Union. The same clause of the Constitution invests Congress with power to regulate commerce with foreign nations . . . . . . and with Indian tribes.

APPENDIX C

U.S. Congress, House, Alaska Seal-Fisheries, 44th Cong., 1st Sess., Ex. Doc. No. 43, Jan. 5, 1876, Pp. 33 and 34.

The propriety of quartering troops in this Territory may be seriously questioned; for where any considerable body of natives exist they will be found upon the seaboard and estuaries, and the only way by which their villages can be reached is by water. Traveling by land is simply impossible, so that to-day the two companies of artillery at Sitka are entirely unable to correct the most wanton outrage which the Indians might see fit to perpetrate but a mile from their sentry-lines. The practical result of quartering troops among people like these in Alaska is bad. The communities thus visited were not remarkable for sobriety, morality, or industry before the coming of our troops, but after their arrival the change for the worse, wherever the natives were brought in contact with them, was very marked. Honorable officers find it sufficiently difficult to restrain their subordinates in camps and posts remote from demoralizing temptation, but when their men are surrounded by simple natives who will sell themselves for rum and tobacco, the inevitable result follows of debauchery and intemperance. The history of the military occupation of this Territory by our Government, although brief, reflects no honor upon the troops, and is a most unfortunate one for the natives with whom they came in contact, so much so that all the posts throughout the Territory have been discontinued except that of Sitka, of which the law, I believe, compels a continuance, and which, I trust, will be soon repealed for the relief of the troops, the credit of the Government, and also a saving of unnecessary expense to the public Treasury in moving the soldiers to and from this Territory and of subsidizing a mail-steamer to carry their letters, &c. As matters now stand, the town-site of Sitka is the only place in the Territory where the merest shadow of ability exists on the part of the Government to sustain law and order, protect property, &c. The troops there stationed are utterly helpless to do anything outside of their station, and what is more, the Indians know it and laugh at them when they are reproached and warned for misdemeanors. The collector of customs has a. sailing cutter, which is of no earthly use, for she cannot be used in the intricate inside passages, where the principal body of natives live, and can at the best make a wide, shy visit to Kodiak or Oonalaska, or some such outside sea port, and then is at the mercy of the most fickle and uncertain weather for sailing, so that no calculation can be made upon her going or coming.

APPENDIX D U. S. Congress, Senate, Letter from the Secretary of War, 43rd Cong., 2nd Sess., Ex. Doc. No. 15, Jan. 14, 1875, P. 1.

(Telegram)

Portland, Oregon January 7, 1875 To: Adjutant-General United States Army

United States district justice decides military authorities cant hold prisoners beyond five days under section 23, act of January 30, 1834; cant get prisoners from Sitka before civil authorities here under from 30 to 60 days. Please ask for legislation extending the time so as to give reasonable time to bring prisoners to Portland and delivery to United States marshal. This action necessary to enable United States to execute requirements of sections 20 and 21 of said act.

J. M. Schofield, Major General

APPENDIX E U.S. Congress, Senate, Message from the President of the United States, 44th Cong., 1st Sess., Ex. Doc. No. 33, Part 2, Apr. 6, 1876, pp. 2 and 3.

Extract Capt. J. B. Campbell, Fourth Artillery, relieved Capt. G. B. Rodney of these persons,.. .[C. Daiker, F. Gusoff, P. Sorchicoff, Petchecoff and Salvanoff)... with the rest of the post, on the 17th of August, 1874, and of course held by me under the sixty-ninth (eighty-first, old number) article of war. I continued at every opportunity the mail offered to press these cases to attention, and asked to be relieved of them. Finally, by the mail that arrived here February 22, 1875, I was authorized to release Daiker, Sorchicoff, Paichecoff (sic), and Gusoff, as well as all other prisoners held for violating the acts of Congress prohibiting the sale or manufacture of liquor in Alaska, upon bail--a measure I recommended myself, not seeing any other prospect of getting rid of the custody of these people.

APPENDIX F U. S. Congress, Senate, Message of the President of the United States, 44th Cong. , 1st Sess. , Ex. Doc. No. 33, Part 2, March 24, 1876, P. 4.

Sitka, Alaska, January 20, 1876 The Post Adjutant Sitka, Alaska Sir: In accordance with the request of the commanding officer, I have carefully examined the hospital records in reference to the two late general prisoners, Galvanoff and Gusoff, deceased, and have the honor to report: That the prisoner Galvanoff, who died at this hospital November 5, 1874, was taken into hospital September 29, 1874, having been previously, more or less, (dating from August 17, 1874,) on the list of sick in quarters. He died of pulmonary consumption, pure and simple. The prisoner Gusoff was almost continuously on the list of sick in quarters from October 31 to December 1 3, 1874. He was then taken into hospital December 14, 1874, and died February18, 1875. During the whole of this time he was under treatment for constitutional syphilis, and died of an abscess of the brain from this cause. In both of these cases the nature of their respective diseases was confirmed by post-mortem examination made by Acting Assistant Surgeon F. S. Sterling, U. S. A., and the undersigned. J. A. Fitzgerald Assistant Surgeon U. S. A. , Post Surgeon

(In addition to the foregoing explanation of deaths of prisoners while in custody of the military, Captain Campbell rendered a detailed report of both the civilian and Indian arrests at Sitka and Wrangell in the above cited document. The reader is referred to this report, which is not amenable to replication, for specific facts relative to these commitments.

APPENDIX G U.S. Congress, House, Seal and Salmon Fisheries and General Resources of Alaska, 55th Cong., 1st Sess, Ex. Doc. No. 92, Vol IV, 1898, PP. 123 and 124. Custom-House, Wrangell, Alaska Collector~s Office, June 15, 1878 Secretary of Treasury Washington, D. C. Sir:I have the honor to transmit herewith my resignation of the office of deputy collector of customs, port of Wrangell, to take effect on 30th September next. I take this step on account of the manner in which the Department is running this Territory. I have acted in the capacity of arbitrator, adjudicator, and peacemaker until forbearance has ceased to be a virtue. Within the past month one thousand complaints by Indians have been laid before me for settlement, and as I am neither Indian agent nor justice of the peace, I decline the honor of patching up Indian troubles for any time. longer than can be obviated. Again, the prospect for Congress to extend law and order over this country looks gloomy, and in the absence of law at this port no compensation that the Government could offer me would be any inducement for me to act in the capacity of deputy collector another year. For quietness to reign at this port and other portions of the Territory, there must be some power here beyond that conferred on deputy collectors. The sending of armed vessels to this district has a pacifying effect on Indians while they are in these waters, but as soon as they are absent the old deviltry commences again. What this country wants is law, and without it she will never flourish and prosper. I am, sir, respectfully, your obedient servant. I.C. Dennis, Deputy Collector

APPENDIX H U. S. Congress, Senate, Affairs in Alaska; Reports of Commander L.A. Beardslee, Commanding United States Ship Jamestown, from June 15, 1879 to January 22, 1889, 46th Cong. , 2nd Sess., Ex. Doc. No. 105, 1880, pp. 10 and 11. Extract Provisional Government

Whereas the Territory of Alaska, purchased from Russia by the United States in 1867, has not hitherto been provided by the latter government with any civil law or with the authorities necessary for the administration of the same; And whereas, by reason of such failure of the United States to provide some such law, the settlements of said Territory are entirely without the means and authority to protect life and property, to administer the effects of deceased persons, to preserve the public peace and to punish crime; And whereas, in the town of Sitka, in said Territory, with a population of over 300, there have been since the withdrawal of the military forces from said town in June, 1877, sundry instances in which danger to the persons and detriment to the property of residents have resulted from such lack of law; And whereas, by reason of the want of intimation by the United States Government of an intention to provide at said town the armed protection necessary to the moral strength and enforcement of any authority the citizens might assume to establish, as also from the singularity and perplexity of their situation, they have been hitherto deterred from attempting any such organization; And whereas, they have now a reasonable confidence that they will enjoy, permanently, such countenance and support of their government as will-enable them to sustain successfully in practice, till supplanted by regularly enacted law, such organization of authority as their situation requires; And whereas it has become perfectly apparent that not only individual rights, but the welfare and existence of the community itself, now absolutely require the erection of some form of civil authority, over the said town and vicinity, so that a supreme necessity is upon us, and under natures first and inalienable law, and in duty to ourselves and posterity; Now, therefore, be it resolved and ordained by the residents of the said town of Sitka, and the settlements contiguous thereto, in the Territory of Alaska, that from the causes and for the purposes herein before recited a provisional government for the said town and adjacent country be and the same is hereby, organized, adopted and established, to be known as The Provisional Government of the Town and District of Sitka, Alaska, which said government we do declare to be of absolute necessity for the protection of lives, persons, and property, the prevention of lawlessness, and the moral and material advancement of said town and district, and to which, and to the hereafter-to-beconstituted authorities and officials of which, we pledge our firm and cordial recognition, obedience, and support in all their authorized acts, and such personal efforts and duty as may be required to sustain and uphold the same over all persons within the jurisdiction thereof, as now to be set forth.

APPENDIX I U. S. Congress, Senate, Affairs in Alaska; Reports of Commander L.A. Beardslee, Commanding United States Ship Jamestown, from June 15, 1879 to January 22, 1889, 46th Cong. , 2nd Sess. , Ex. Doc. No. 105, 1889, PP. 18 and 19.

October 8, 1879

To the residents of Sitka mining District: The undersigned, elected under the Provisional Government of Sitka, have become convinced that their power to act efficiently is greatly impaired by the fact that a large and important element of the population was not represented in the formation of said government, have decided to surrender their offices back to the people, and, for the purpose of having them decide upon the action now to be taken, to invite a general meeting of all of the men of the district, to be held at the custom-house, on Sunday, October 12, at __________. /s/M.D. Ball N. Metropolsky Patrick Corcoran F. Halliman Thomas M. McCauley

APPENDIX J U.S. Congress, Senate, Reports of Captain L.A. Beardslee, U. S. Navy, Relative to Affairs in Alaska, and the Operations of the LI. S. S. Jamestown, Under his command, While in the Waters of That Territory, 47th Cong. , 1st Sess. , Ex. Doc. No. 71, 1882, pp. 76, 77. Early in the month a Creole named Sinakoff, who has several times been subjected to discipline for similar offenses, got drunk and beat severely his father and mother, who are old people, and also a little brother. The parents complained to me and asked for protection. Later in the month another equally disorderly Creole, named Velasse, committed a similar offense, and was reported by those he had beaten. In both of these cases, after careful investigation, I punished these men by confinement on bread and water diet, taking this step simply because I was fully assured that they deserved punishment; that unless punished so that a fear of repetition would restrain them, the lives of those who had reported them would be in danger, and because I had the power and will to act, which no one else in Sitka had, I therefore carried into execution the dictates of natural law, and used our strength to protect the weak. In handling another case which arose during the same month, I found that it was not advisable to depend upon natural laws, and was reduced to accepting the only law existing in the country which could meet the exigency, viz, Indian law. On the 20th of August one Indian caught another committing adultery with his wife, and shot him. The brother of the shot man, as soon after as possible, shot the shooter. All of this occurred at the ranch near the cannery. Mr. Rockwell sent an armed party, arrested the living murderer, and held him in confinement, with an accomplice, until my return, when the matter was submitted to me. I was greatly puzzled how to handle it. While I had no scruple in arbitrarily punishing a case of assault and battery upon women and children, and felt competent to do so, yet I could not strain my authority to such extent as to punish properly the crime of murder. The two deaths left the two families even; the quarrel had been settled, and the two corpses burned under one blanket on the same pile. I have no method of sending criminals to Oregon, and no funds from which the expenses of their transportation and that of witnesses can be paid; and I am sure that it is not in the power of any United States judge to decide justly a case involving Indian customs, laws, and evidence, unless he has made a careful study of such matters, and is furnished with full and complete evidence; and I believe that the settlement of one such case in accordance with our laws would do more harm than good, unless the precedent thus established could be consistently followed up, not only on Indians within reach of the Jamestown, but with all throughout the country of Alaska. With no law nearer than Oregon, nor forces except at Sitka, the execution of an Indian at Portland would probably be supplemented by the murder of one or more of the whites in the interior. I considered it my duty to complete what I had begun, and insure the safety of these men, even if to do so I was compelled to act as I have in this case and shall in the future, unless I am otherwise instructed by the department, namely, until Congress sees fit to furnish a substitute, to recognize the only law of this country- -the Indian law, founded on the old Mosaic--and, when a murder among themselves if fully atoned for according to their ideas, either by the death of the murderer or payment for the life, and I am assured that all parties interested are satisfied and no further troubles will spring up, to do as I did in this case, lecture the criminals and let them go. Thus the anomalous case was presented that the only governing power in Southeastern Alaska, viz. , the will and judgment of a naval commander, could not, without being stretched beyond the limit that even the most full

discretionary instructions could give him, prove equal to the administration of justice in case of murder. A man who committed simple assault and battery could be and was punished, but if he committed the assault to the extent of killing his adversary, he was safe. The whole secret of our success with the Indians has been given in the last few lines. They received fair play, crimes were punished, good conduct rewarded, and they were taught-and some received the teaching-- that the white government was theirs as well as ours and the man-of-war their friend, and not, as they had been led to believe, their enemy. Lt. L.A. Beardslee

APPENDIX K U.S. Congress, House, Annual Report of the Secretary of Navy, 46th Cong., 3rd Sess. Ex Doc. No. 1, Part 3, Nov. 30, 1380, p. 33. Extract Secretary of Navy R. W. Thompsons recommendations to Congress of November 30, 1880, based on Captain Beardslees report on Alaska. But, if the Jamestown is withdrawn without the substitution of some authority with the proper degree of strength to maintain order, it is more than probable, in his opinion, that acts will be committed by some of the lawless whites who will be drawn to Alaska by the very fact of there being an entire absence of law. This would undoubtedly tend to undo all the progress thus far accomplished and throw the community again into anarchy. A simple code of laws, with a court possessing full power to try causes, to adjudge a death sentence and execute it without unnecessary delay, backed by sufficient authority to strengthen the orderly Indians, is considered a vital necessity. The necessary judicial authority can be conferred upon justices of the peace, and there is every reason why such officers should be created and armed with the authority of law. It is an anomaly that a community should exist within the limits of the United States where there is an entire absence of judicial authority, and where there is no other protection for life and property than that which proceeds from the discretion of the Navy Department and the officers selected by it. There is no officer in Alaska authorized to administer an oath. Army officers who were once stationed there had the support of several acts of Congress which enabled the Secretary of War to clothe them with legal functions, but it is not so with those of the Navy. The collector of customs, who is the only government official in Southeastern Alaska, and who is expected to perform many duties not usually required of such an officer, has no power whatever except that which his own character may enable him to assume. And the naval officer has but the physical power which his crew and guns give him. Congress cannot be too earnestly urged to enact at the ensuing session, some law for the institution of the necessary civil authority in Alaska.

APPENDIX L

U.S. Congress, House, Civil Government of Alaska, 48th Cong., 2nd Sess. , Ex. Doc. No. 227, Feb. 14, 1885, P. 3. Sitka, Alaska, December 2, 1884

Capt. H. E. Nichols Commanding United States Man-of-War Pinta Dear Sir: I have committed one Michael Travers to jail, in default of $1,000 bail, for trial at the May term of the district court, he being charged with the offense of selling malt liquors to Indians. Under the circumstances, and considering the peculiar condition of affairs now existing in this Territory, the want of funds to provide for the maintenance of prisoners, and in fact the neglect of the Government to provide for the civil government in any way, I am obliged to request you also to feed him while so confined as you have so kindly done in other urgent cases. Should you see proper to comply with this request, I will be very much obliged, as otherwise I will be under the necessity of discharging the prisoner. I have the honor to remain your obedient servant.

Ward McAllister United States District Judge for Alaska

APPENDIX M U.S. Congress, House, Civil Officers in Alaska, 48th Cong. , 2nd Sess., Ex. Doc. No. 189, Feb. 5, 1885, pp. 3 and 4. U.S. S. Pinta (4th Rate) Sitka, Alaska, December 3, 1884 Hon. Ward McAllister United States District Judge, Sitka, Alaska Sir:I have to acknowledge the receipt of your communication of 2d instant regarding the issue by the Navy of a ration to one Michael Travers, who in default of bail has been bound over for trial at May, 1885, term of the district court, and requesting from me the issue of the ration for his benefit until that time. In reply I would say that while I consider myself under every obligation to assist the civil authorities of Alaska in the execution of the laws for the district government, yet I cannot under any circumstances place myself in the position assumed by you. It is possible and indeed probable that you do not understand that I am personally responsible through my purse for every order I give to the paymaster for the issue of rations, clothing or money in any irregular manner; this action which you desire is most irregular. You may quote as a precedent the case of the Indian now in prison awaiting trial for murder. To me that is no precedent, for up to the time of my arrival here there was no government beyond that exercised by the common sense of the senior naval officer. At the urgent personal request of Governor Kinkead. I consented to allow the Indians ration to go on until your arrival, when it was supposed that in the natural and proper state of affairs his trial would take place, this being, as I understand, a regular session of the district court, or if even a special session the facts are the same. Referring to your letter I quote and in fact the neglect of the Government to provide for the civil government in any way. I would respectfully suggest that it is rather late in the day to bring that up; you should have found that out immediately upon your arrival here, and it is possible that some means might have been taken to tide over the difficulty. You inform me that unless I am willing to feed the said Michael Travers you will be under the necessity of discharging him. I must distinctly state that I decline in every particular to be the pivot on which the success of this new civil government of Alaska shall swing. The fact of the commitment of Travers depends upon. the law and the evidence, and not upon the fact whether I will. feed him or not. The officer of the civil government who has charge of the prisoners is responsible for that part of it. In conclusion, I would say to you as district judge that if you do not feel that you can execute the laws of this new district because an all-wise Government has not seen fit to provide you with such means as you deem necessary, that you allow the business to revert to its former very peaceful state, or else, in consultation with such Government officers as are officially here to aid and assist in carrying out the laws, make such arrangements as will afford temporary relief. Until some further and distinct understanding is arrived at, I must after December 3 proximo, decline to issue rations to the Indian prisoner, and in no case can I issue a ration to Michael Travers. I am, sir, respectfully, H.E. Nichols Lieutenant-Commander, U. S. N.

Commanding U. S. S. Pinta, and Senior Officer present.

APPENDIX N U.S. Congress, House, Annual Report of the Attorney General of the United States for the Year 1885, 49th Cong., 1st Sess. , Ex. Doc. No. 7, 1885, pp. 1 and 2.

Office of United States District Attorney District of Alaska Sitka, Alaska, November 18, 1885 Hon. A. G. Garland Attorney-General Sir:Mr. Barton Atkins, marshal for this district, has handed me a letter of the First Comptroller to him, dated October 8, 1885, deciding that the bond which he executed before Judge Nelson, of the district of Minnesota, is not valid for the purpose of enabling him to receive advances of money, and asked that I state again to you the facts relative to the possibility of executing a bond strictly within the requirements of section 783, Revised Statutes, in this district. I have, therefore, again to ask your attention to the fact that, if the provisions of that section be absolutely imperative, it is impossible for a marshals bond to be executed here, as there are no freeholders, because the United States has not yet extended to the Territory the privileges of law by which its residents can acquire the title to land. Mr. Atkins desires to know if his sureties in Minnesota could not, by power of attorney, designate some one here to execute the bond for them. The condition of affairs here is likely to become troublesome, unless the marshal can be supplied with funds for the keeping of prisoners, as those furnishing them and guarding them are growing importunate for their pay. Very respectfully, M.D. Ball United States Attorney

APPENDIX 0

From the authors personal library of original correspondence.

J. A. F. February 20, 1886

To the First Comptroller of the Treasury of U. S. Sir--I beg leave to acknowledge the receipt of your favor dated 13th January, and have noted contents thereof. The letter of October 8th of which you refer and enclose copy, was not received by me. My bond was executed in Minnesota for the reason that neither a valid nor sufficient bond could then be given in Alaska. Full explanations thereof was at the time made to the United States Attorney General, and to the President. Since the 14th of October last, this district has been without a U.S. Judge, and still remains in that condition, consequently no bond can be executed. In the mean time, an urgent need for money for the support of Prisoners, and also for the expenses of Marshals exists. I have now in my custody twelve U. S. Prisoners, most of whom have been boarded and guarded since July last without money. Having exhausted my private resources to this end, am now placed in an extremity. As the law does not require impossibilities this appear to be a case wherein its technicalities might rightly be waived. All of which is respectfully submitted /s/Barton Atkins U.S. Marshal District of Alaska

APPENDIX P From the authors personal library of original correspondence

November 15, 1890 To the Attorney General Washington D. C. Sir: Enclosed please find letter of Deputy Marshal Ney B. Anthony stationed at Unalaska. His letter appeals in language, far more eloquently than I can, of the condition of the Deputy Marshals office at that point. I hope that the government can see its way dear to furnish the building at Ounalaska for use of the government officers stationed there the Deputy Marshal, U.S. Commissioner and Deputy Collector of Customs. As Mr. Anthony (states) there is not a jail to the Westward. or even a building temporarily fitted up in which to keep prisoners until they can be conveyed to Sitka for trial. When you add to this the fact that the officers themselves have no quarters, and are wholly dependant upon the Alaska Commercial Company for a building to live in, for boar and other indispensable necessaries, you can see how utterly impossible it is for these officers to be free and independent in discharging the duties devolving upon them. It is my duty as Marshal of the District to lay these matters before you. A government building should be erected at Ounalaska at once. Not a costly one but a good, solid, substantial building, with quarters for the government, a jail and storeroom. It is an imperative necessity Crime is running rampant in that country, and the officers are almost powerless to deal with it, on account of their helpless surrounding s. Very respectfully, Your obedient servant /s/ Orville T. Porter U.S. Marshal

APPENDIX Q

From the author's personal library of original correspondence. To theDecember 11, 1890 Attorney General Washington D. C. Sir: I have the honor to inform you that E. V. Clark is to be tried for murder at the May term, 1891, for killing George Kenning, Bay Agent of the Alaska Commercial Co. Eight witnesses have to be subpoenaed to the Westward, two for the government and six for the defendant Ho-over John Gardner, Christview Backe, Peter Lanson, Lawrence Reed, Neimeir Gultridge, residing at Unga, Alaska and Robert Gould, Jack Smith visiting at Simonsky Island, Alaska, and John McBuchanan residing at Saramace Island, Alaska. Ney B. Anthony, Deputy U. S. Marshal stationed at Ounalaska, Alaska cannot serve the subpoenas for want of transportation. It becomes necessary therefore for the government to furnish a vessel of the Revenue Service to go to the Westward for this purpose, an she wants to start early enough in the spring to go to the Westward pick. up these witnesses and bring them to Juneau in time for the May term at court. There is no other way to serve these subpoenas and get the witnesses to court, but for the government to take the matter in hand. I have advised both Judge Bugbee and District Attorney Johnson and after carefully examining the whole matter, we are forced to advise this step. There are two other murderers to the Westward that we want who as yet we have not been able to reach, but I think they can be apprehended and brought down on this trip. You will readily understand the necessity of prompt action on the part of the government in this matter. Revolting murders are becoming a frequent occurence at the Westward and no vessel being furnished the government officials in Alaska, we are powerless to reach crime or enforce the law in that part of the District. I wish to be informed what vessel will go, from what port she will sail, and what time in the spring she will be ready to start. She should sail directly to Ounalaska to take on board Ney B. Anthony, U. S. Marshal, and there pick up the witnesses in the Clark case, and also apprehend two other murderers, who Deputy U. S. Marshal Anthony informs me by letter he thinks he can secure if transportation is furnished him. Very respectfully, Your obedient servant, /s/ Orville T. Porter U.S. Marshal

I heartily endorse the foregoing and depose to add that the number of witnesses will be increased to twelve. These will cost the government if we can secure their attendance by the regular route, i.e., via San Francisco $1, 000 each, their mileage being about 8000 miles. So it would be a matter of economy if possible to provide the

vessel asked for. /s/ C.D. Johnson U.S. Attorney I concur in the Marshals recommendations. /s/ John S. Bugbee U.S. Judge

APPENDIX R From the authors personal library of original correspondence. To theApril 19, 1892 Attorney General Washington D. C.

I respectfully acknowledge receipt of your letter dated March 2, 1892. Initials A. G. relative to the appointment of J. G. OBrien of Sand Point Alaska as Deputy United States Marshal. I have had no application from Mr. OBrien for a deputyship or from any other parties in that vicinity recommending him, and should I receive any in the future your wishes in the premises will control my action. I have been very careful in the appointment of Deputy United States Marshals, since my incumbency in office, careful to appoint only men of known honesty and integrity in the community where they reside and the result is an able an(d) efficient corps of Deputy Marshals in Alaska. But I am sorry to inform you that owing to the meagre salary paid Deputy United States Marshals, $750. 00 per annum, with the fact that they are allowed no fees in United States cases, and only like fees of constables of Oregon for serving process which in the aggregate amount to but a mere stipend yearly and also late decisions in the Department of Justice refusing to furnish them blanks on which to make their quarterly reports, also refusing them stationary, I am going to lose some of the best men I have on the force. Henry Bowsen (?) of Douglas City has lately resigned and on the arrival of the steamer Elsie from the Westward due in a few days, I expect to receive the resignation of Ney B. Anthony. Mr. Anthonys lot at Ounalaska has indeed been a hard one. In that desolate place for over three years, he has been subject to the courtesy of the Alaska Commercial Company to give him a roof to shelter him. Without any office or office furniture, without a place to keep a prisoner over night, he has waited and waited for relief, without my last requisition to you under date January 18, 1892, has been honored he is still waiting for furniture, and I suppose becoming disgusted and discouraged, he wrote to me late last fall that he could stand it no longer than spring, when he should resign. I dislike exceedingly to part with Mr. Anthony. Brave and fearless in all his dealings, I have no idea who I am going to get to fill his place. Ounalaska on account (of) the Bering sea controversy is a port of great responsibility for a Deputy Marshal. These and kindred matters pertaining to my deputies has caused me continued worry. It seems to be the determination of the Departments at Washington by refusing deputies blanks, stationary (sic), refusing them fees in United States cases, restricting them to the fees of constables of Oregon, to squeeze the last drop of blood out of them and force them alt to resign. In your letter of March 2, 1892, Initials A. G. you state: It is of the utmost importance that those who represent the government in the far off place shall be men, not only of the highest character, and whose habits are unquestionable, but men who will be disinterested in the discharge of their duties. fully agree with you, but such men cannot be had for the asking. The laborer is worthy of his hire. Give such men adequate compensation and you can command them, otherwise you must employ second class men. Good reliable men for Deputy Marshals are very scarse in Alaska. The post is one of great responsibility and danger. I do most sincerely want the government at Washington to take more interest in the welfare of Deputy United States Marshals in Alaska, and not screw them down to the last dollar, regarding fees. Give them blanks and

stationary (sic) in view of their meagre salary. My deputies are all becoming discouraged, but I tell them to hold on and I will do my utmost to arouse the departments at Washington to do them justice. If you will take the trouble to look over copies of letters on file in your office relating to Deputy United States Marshals in Alaska, and note how they have been picked here and plucked there, you will understand why I write thus plainly. It is my duty and I do not shirk it. Deputy Collectors of Custom in Alaska receive a salary of $1400 per annum. They have an easy time and not much to do. Deputy United States Marshals receive $750.00 and the fees they earn, will not more than pay for the blanks and stationary (sic) they consume. They are constantly busy and frequently undergo great hardship and peril. You will pardon me for writing you thus lengthy. I feel that you are my friend and that you will do what you can to ameliorate the condition of Deputy Marshals under my control. Very respectfully, /s/ Orville T. Porter United States Marshal

APPENDIX S Prom the authors personal library of original correspondence.

E. A. West, Esq. Deputy U. S. Marshal Kodiak, Alaska October 14, 1882

In view of the fact that there is no judicial officer residing at Kodiak, whereby a warrant can be sworn out, it devolves upon you to keep order where you are stationed. You must not allow men to go about disturbing the public peace or committing any nuisance. If a man violates the law arrest him and lock him up for 24 hours and give the people to understand that you (are) going to preserve order. It is your duty as a peace officer to preserve order, and it is expected from you to do so. Respectfully Orville T Porter U.S. Marshal

APPENDIX T From the authors personal library of original correspondence.

November 20, 1889

Rev. W. Morgan, Esq. Douglas City Alaska Dear Sir: Your letter of November 16 in relation to the appointment of a Deputy U.S. Marshal for Douglas City has come to hand. In relation to the appointment of Win. Collins I suppose the people of Douglas City are aware that I have no authority to appoint deputies only in the districts of Sitka, Juneau, Wrangle and Ounalaska so far as their remuneration is concerned. Everyone will be asked at the coming session in March for permission to meet the expenses of employing these additional Deputy U. S. Marshals for Alaska, to wit, one for Kodiak, one for Douglas City and one for St. Michaels. The presumption is that the appropriation asked for will be furnished, still there is no definite certainty about it. If the citizens of Douglas City want a Deputy I will appoint Win. Collins provided they will pay him, but the distinct understanding must be that the citizens must foot the bill until such times as Congress comes to their relief. Very Respectfully

/s/ Orville T. Porter U.S. Marshal by: /s! A. A. Meyer, Deputy

APPENDIX U From the authors personal library of original correspondence

April 30, 1892

Michael Dowed Esq. Sand Point, Alaska Sir: Enclosed please find your commission as a Special Deputy U. S. Marshal to reside at Inga Alaska. You will please take the enclosed oath of office before Gol. Bullard, and retain one copy of the same for file in this office. As previous stated, I am not authorized to appoint any deputy marshal excepting six for the District of Alaska as Congress has only made appropriation for pay of the same. But an effort is being made to increase the number. You will be authorized to receive the fees as a constable under the laws of Oregon for services rendered. Referring to your communication of November 17, 1891, you must have misconstrued my letter of September 28, 1891. You could not have acted as a Special Deputy until you received the enclosed appointment Hoping that you will take interest in the confidence placed in you ani execute your duties to the best of your abilities. It is my desire that you report by the monthly mail steamer your doings to me. Please acknowledge receipt Respectfully,

/s/ Orville T. Porter U.S. Marshal

APPENDIX V From the authors personal library of original correspondence.

Extract Letter of Marshal Williams of December 27, 1895 to the Attorney General. Voucher No. 5. Deputy Kostrometinoff

Item 8. Page 1. George Kostrometinoff took the oath of office as Deputy U.S. Marshal as prescribed in section 782 R.S. on the 11" day of April, 1894, and same is now on file in the office of the clerk of the U.S. district court at Sitka, Alaska. Mr. Kostrometinoff is a deputy marshal without a salary, or as has sometimes been designated in Alaska a Special deputy marshal. He has taken the place of no one, and you have not been notified of his appointment for the reason that my understanding 0 of your instructions was that you only required the names of deputies who earned fees, and under the ruling of the Hon Comptroller of the Treasury, under date of February 19, 1895, only the six salaried deputies in Alaska can receive fees as prescribed by law. Very respectfully,

/s/ Louis L. Williams United States Marshal

APPENDIX W From the authors personal library of original correspondence.

April 10, 1893

Michael Dowed Esq. Special Deputy U.S. Marshal Unga, Alaska Sir: Replying to your letter of March 3, 1893, I would state that upon consultation with the U. S. District Judge and U. S. Attorney, you are hereby directed to release Simeon Lengan from custody, as there are no funds available for holding a term of court, during the fiscal year 1893. Please acknowledge receipt of this letter and forward the accounts for the care and custody of the prisoner. Respectfully,

/s/ Orville T. Porter United States Marshal

APPENDIX X From the author's personal library of original correspondence. Sitka, Alaska, Sept. 1894 N.B. Anthony Esq. Deputy U.S. Marshal Unalaska, Alaska Sir: Your letter in regard to the arrest and escape of a man named Gallager, charged with selling liquor to Indians is at hand. Of course we must rely absolutely upon your judgment, in the absence of a U. S. Commissioner at Unalaska, as to the necessity and advisability of bringing a man charged with a crime to Sitka for trial. I have confidence in your judgment and discretion and will be satisfied with any action you may take in that regard. We must be careful not to put the government to any unnecessary expense, still that does not mean that criminals shall go unwhipped of Justice. From the facts in the case referred to by you, as I understand them, the man Gallager could not be convicted. It is no crime to offer whiskey for sale, but the crime is selling the same. Manufacturing and importing liquor is prohibited by law also. I repeat you will have to decide whether it is necessary expedient to bring a man here for trial, first taking into consideration the gravity of the offense, the expenses of bringing defendants and witnesses here and the probability of conviction. Use your best judgment and I will be satisfied with your action. Very truly,

/s/ Louis L. Williams U. S. Marshal

APPENDIX Y From the authors personal library of original correspondence.

Sitka, Alaska November 15, 1894

To the Attorney General Washington D. C. Sir: The mail steamer that arrived from the Westward today brought the news of the death of James Finnegan, late Deputy 13. S. Marshal of Kodiak, Alaska. Mr. Finnegan came to his death by accidentally falling from the wharf on the 6th day of October, 1894. I shall fill his place as soon as it is possible to find transportation. The next mail steamer for the Westward does not sail from Sitka until the first of next April, but it is barely possible that I can send a man there by way of San Francisco on one of the Companys boats. Very respectfully yours,

/s/ Louis L. Williams United States Marshal

APPENDIX Z U.S. Congress, Senate, Message from the President of the United States Transmitting a letter from the Secretary of the Interior, enclosing the report of the Governor of Alaska, 49th Cong. , 1st Sess. , Ex. Doc. No. 115, Apr. 1, 1886, pp. 1, and2. Extract Governors Report of 1885 Section 5 of the act entitled An act to provide a civil government for Alaska provides that the governor shall from time to time inquire into the operations of the Alaska Seal and Fur Company, and shall annually report to Congress the result of such inquiries, and any and all violations of said company of the agreement existing between the United States and said company. I presume that it was the intention of Congress, when the act was passed, to make it the duty of the governor to inquire into the operation of the Alaska Commercial Company, for the reason that there is no such corporation as the Alaska Seal and Fur Company, or, if there is, there is no agreement, to my knowledge, existing between the United States, and a corporation of that name. It is not probable that Congress intended that the governor should charter, at his own expense, a steamer, which must be of the sea-going class, to make a trip of nearly 5,000 miles on Government business; if so, even then he would find it impossible to procure such a vessel in the Territory; nor would one be within reach of the whole amount of his yearly salary. If indeed, I am mistaken as to the proper construction of that clause of the organic law of Alaska which requires me to inquire into the operations of a company which has no existence, or with which the Government has no agreement to be violated, I trust I may, nevertheless, not be held responsible for failure to obey a law which, though mandatory, enjoins upon me a duty the performance of which is, and has been, for the reasons stated, and through no fault of my own, absolutely impossible of accomplishment.

APPENDIX AA U.S. Congress, House, Maintenance of a Steam-vessel for use of Civil Authorities of Alaska, 51st Cong., 1st Sess. , Ex. Doc. No. 93, Jan. 13, 1890, P. 10. Extract. Governors Report of 1889 In speaking of the only partial administration of justice by the courts, I must not be understood as intending any reflection upon the honesty, zeal, or ability of any of the judicial officers; I had reference only to the absence of the means whereby the authority of such few laws as we have can be extended over more than a very small part of the Territory. Without mail communication other than with a few of the towns and settlements of southeastern Alaska, and consequently with no means of transportation within its reach, the district court is powerless either to secure service of its process or enforce obedience to its mandates in all that part of the Territory lying to the north of Juneau and west and northwest of Sitka. Until mail communication is established between Sitka and Ounalaska via Copper River, Prince William Sound, Cooks Inlet, Kodiak, Afognak, Oonga, and Belkof sky, or a suitable vessel is placed at the command of the governor for transportation of officials, all those sections will be debarred from participation in any of the few benefits which Congress, by the passage of the act of May 17, 1884, presumably intended to confer upon the whole Territory. Several murders have been committed since the inauguration of civil government in the Territory, and the murderers are still at large and likely to remain so, for no other reason than that the authorities are not supplied with the ways and means for making arrests; and in many sections lesser crimes are committed with impunity, the offenders knowing that they are beyond reach of the courts. Frequent complaints come to me of open and flagrant violations of the law, but I myself, as well as the law officers of the Territory, are powerless to afford any relief. Instead of a blessing the local civil government set up by Congress, without the machinery adequate to its full and perfect operation, is more likely to prove a curse to more than one section of the Territory. As a matter of course when the act creating a civil government for Alaska went into operation the civil superceded the naval or military authority, and in consequence the people of more than two thirds of the Territory, because of the reasons already suggested, have ever since been practically without any government and beyond the reach of any authority whatever.

APPENDIX BB

From the authors personal library of original correspondence.

April 30,1890 To Governor Lyman E. Knapp Sitka, Alaska Sir: There is at present confined in the Jail at Sitka, one Lawrence Kalugen, alias Peter Kalugen, sentenced for the term of 60 days for selling beer to an Indian, said sentence at this date having nearly expired. The said Lawrence Kalugen, alias Peter Kalugen whose home is at Little Squaw Harbor to the westward some 900 miles from Sitka now has a chance of going to his home by working his way on the Steamer Elsie, which opportunity may not occur again during the present season. The said Lawrence Kalugen, alias Peter Kalugen is a harmless inoffensive man and since his incarceration here in Jail has at all times been obedient and respectful to authority. He has a wife and child at Little Squaw Harbor dependent upon him for support, and I ask you as a matter of justice and charity that you pardon the said Lawrence Kalugen. alias Peter Kalugen, that he may return to his home and to the support of his wife and child. Very respectfully, /s/ Orville T. Porter U.S. Marshal

APPENDIX CC From the authors personal library of original correspondence.

October 28, 1890

Hon. N. R. Peckinpaugh Acting Governor District of Alaska Sitka, Alaska

I have the honor to state that there were placed in my hands four warrants in cases in which the United States is a party issued by the Commissioners Court, the parties to be arrested are residing at the Redoubt near Sitka. As I have no means of conveyance at my disposal to reach the Redoubt I would respectfully request that you apply to the Commanding Officer of the U. S. S. Pinta, to furnish me a steam launch to enable me to make the arrests.

Very respectfully Your obedient servant /s/ Orville T. Porter U. S. Marshal

APPENDIX DD rom the authors personal library of original correspondence.

May 6, 1891

othe Attorney General. Washington, D.C.

I have the honor to state that the Marshals Department in the District of Alaska is without a boat of any description whatsoever. Then you take into consideration the fact that the only means of communication in Southeastern Alaska is by water, that frequently the necessity arises to board ships in the harbor to land prisoners in ail, that in the event of prisoners escaping from jail and crossing ver to the many islands in sight of Sitka, that no boat is to be had o search for them, except by hiring from disinterested parties who understanding the situation charge exorbitant (sic) prices, you can readily understand the embarresment (sic) attending the enforcement of the law under such conditions. We badly need a boat here for our daily use, a rowboat, that will carry in case of emergency, ten or twelve persons. Such a boat with two pair of oars and row locks complete will cost at the lowest estimate $2OO. If you grant an allowance for this purpose, the boat will be purchased and carefully taken care of for the sole and exclusive use of the Marshals department.

Very respectfully /s/ Orville T. Porter United States Marshal

APPENDIX EE

From the authors personal library of original correspondence.

May 25, 1891

Department of Justice Orville T. Porter, Esq. United States Marshal Sitka, Alaska

Your letter of the 6th instant has been received in which you ask for authority to purchase at an estimate of $200. 00 a rowboat for your official use. You ask for it on the ground of economy, chiefly for use in the execution of process. Your predecessors have avoided this expense. Is there a more urgent reason for incurring the expense now than formerly? The law authorizes certain expenses in the execution of process. but supplies no means. The Department thinks that you can get along without this expense. Very Respectively, /s/ Win. H.M. Miller Attorney General

APPENDIX FF

From the authors personal library of original correspondence.

December 29, 1892

To the Attorney General Washington D.C. Sir: On Saturday December 17th, a case of Small Pox developed in the U.S. Jail, the patient being one Dan and Indian, lately brought over from Juneau on the mail Steamer City of Topeka and awaiting trial for assault with a deadly weapon. The Indian had been complaining for a day or two, and on Saturday morning December 17th an eruption made its appearance upon his face whereupon he was examined by Dr. Rogers, Jail physician, and Dr. Ortlee of the U.S.S. Pinta. The disease was pronounced Small Pox, and the most active measures had to be taken at once (see Dr. Rogers letter enclosed) to combat the disease. There were at this time 19 prisoners in Jail and some isolated place had at once to be secured to accommodate them. The Schooner Leo belonging to John G. Brady of Sitka, lying in the harbor opposite Sitka having ample accommodations was chartered for $250. 00 per month, this being the only refuge for the time available and the prisoners and their bedding and effects were immediately transferred to the same. I consulted Judge Truitt and District Attorney Johnson, before chartering the Leo and told them the least price she would be chartered for and they both advised me to charter her at once, as there was no place available where the prisoners could be kept guarded and managed, and as they all had been exposed they had to be quarantined and isolated. The Indian Dan was immediately taker1 to Travers cabin on Japonsky Island opposite Sitka, and a nurse engaged at $3.00 per day to attend him. The Leo is anchored near the Island, two guards were secured at $3.00 per day (day and night guard) to attend them, and a cook at $35.00 per month cooks for the prisoners and guards, also for the nurse and assistant upon the Island. We also had to engage a boatman at $2. 50 per day (the Marshal is allowed no boat in Alaska) to take the Doctor back and forth, to transfer coal, provisions, water etc. etc. from day to day from the Marshals quarters to the Schooner Leo. Upon suggestion of Dr. Rogers the tables, bunks and benches in the Jail were all burned. The old whitewash is being scraped off in all cells and main Jail and a new coat of whitewash will be put on, and the whole building thoroughly fumigated. In regard to the buying of new blankets, ticking for new mattresses, tables, bunks and benches you are aware that in this emergency we cannot wait for permission from the Department of Justice, but must buy these things with

the expectation that our action will be endorsed by you. No unnecessary expense will be entailed and nothing bought but what is absolutely necessary. This letter will meet the scrutiny of Judge Truitt and District Attorney Johnson, and their signature is a guarantee that every thing is being done to avoid unnecessary expense and to protect the government. It is necessary that the requisition for funds for Support of Prisoners sent you this day be at once honored that I may be enabled to meet accruing expenses, that must be paid and cannot be delayed. Thirteen days have elapsed (sic) since Dan was taken from the Jail and transferred to Japonsky Island and no new cases have developed, and we feel strongly encouraged that the disease is checked and that no more cases will develop. Vary respectfully, /s/ Orville T. Porter United States Marshal I have read and hereby endorse the above letter /s/ Horace Truitt United States Dist. Judge The foregoing has my hearty endorsement and approval /s/ C.A. Johanson United States Attorney

APPENDIX GG

From the authors personal library of original correspondence.

Hon. W.H. H. Miller Attorney General Washington D. C.

Sir: I would respectfully state that on Thursday evening, January 5th one C. Peterson a white man and Oliver Twist an Indian awaiting transportation to San Quentin, the former sentenced for thirteen months the latter for two years made their escape from the Schooner Leo lying in quarantine in Sitka harbor by eluding the guards, seizing a boat along side belonging to the Schooner Heneritta (sic) in which they put out for the Kake country. For particulars of the escape see report of the guard accompanying this letter. Upon the alarm being given from the Schooner Leo (by firing three guns) I at once sent a boat across the bay to the "Leo" and on return of the boat was made aware of the escape. A posse was organized as soon as possible consisting of John Hanbuss Win. Barrett, Peter Trerscheit, John Clements with a weeks provisions and taking a boat without the authority of the owner, belonging to Peter Romanoff, said posse left Sitka four hours behind the escaping convicts, with orders to row as quick as possible to the head of Peril Straits some 40 miles distiance (sic) and there lie in wait for the approach of said prisoners, as it was quite apparent that the prisoners would take that route in their attempt to get out of the country, but not certain as there were other routes that they could take. As before stated the prisoners made their escape on Thursday evening at about 6:35 P.M., and they were captured by said posse on Sunday afternoon at 3 o clock, near the head of Peril Straits and brought back to Sitka the posse arriving with them here on Monday evening at about 4 oclock. Said posse were out four days and nights in an open row boat, the weather being very inclement, blowing and raining most of the time. In view of the facts stated and the successful manner in which they performed this service I paid the men $65, paid Peter Romanoff $10 for the use of his boat, which I took without authority, and also furnished provisions amounting to $10. 00. These provisions I had to purchase, not having them on hand, I furnished most of the provisions from my own store for which I make no charge. On Saturday morning January 7th I made arrangements with Loneby Brothers owning a sloop lying here in the harbor to go in search of the escapes (sic) by way of Warm Springs, Whale Bay and to round Cape Harmony into Chatham Straits fearing the prisoners might have attempted to go that way to reach Port Simpson B.C. as they had a fine sea boat belonging to the seized Schooner Henrietta. The sloop has not returned yet this Wednesday noon January 11, 1893. I furnished them provisions which I had

to purchase as I did not have them on hand amounting to $13, 2.5. 1 agreed to pay then $75. 00 if they brought in the prisoners, otherwise 1 was to pay them nothing and am out only for the provisions I bought for them. In view of all the facts stated and the attending circumstances the prisoners being in quarantine, under guard, and having exercised the utmost precaution so far as lay in my power, I feel that the government ought to defray this expense and not require it of me. If the money had been furnished as called for in my letter of October 28, 1892, these men would have been landed in San Quentin some time ago, and again, the want of a boat in the Marshals department has been a very serious drawback to me. Since I have been Marshal of Alaska I have used my utmost efforts to have a boat provided me but with out avail. If I had a good boat at hand, as soon as the escape was known I am sure we could have caught the prisoners the next morning thus saving a greater part of the expense entailed. But I had to take a boat without authority of the owner that was out of the water, being painted, launch her, hunt up oars and oar locks, thus letting the prisoners get four hours the start, in a better boat and in an unknown direction. I wish to add in conclusion that the Department of Justice has always dealt justly by me, since I have had the honor to represent the responsibility of this important office and submit this matter into your hands, believing you will do what is right in the premises as between the government and a government official, under the present circumstance Very respectfully, /s/ Orville T. Porter United States Marshal

APPENDIX HH

From the authors personal library of original correspondence. Treasury Dept. Feb. 9, 1895 To:Louis L. Williams United States Marshal, Sitka, Sir: Yours of December 31 has been received. You ask whether you are authorized to pay the following bill: United States, District of Alaska, to Nowell Gold Mining Co. Dr. 1894. For hire of steamer Rustler from August 21, to August 24, 1894, to make trip to Chilcoot and return, with deputy U.S. Marshal John C. Ross to serve warrants for the arrest of Go-na-kan-go-wok-kon and An-la-yacki, Indians charged with Murder; $118. Section 6 of An act providing a civil government for Alaska of May 17, 1884 (23 Stat. , 24) provides that the deputy marshals shall have in addition to the powers of United States deputy marshals those of constables under the laws of the State of Oregon now in force. Section 7 makes the general laws of the State of Oregon then in force the laws of Alaska so far as the same may be applicable and not in conflict with the provisions of this act or the laws of the United States. Section 9 of said act contains a clause which provides: The deputy marshals in addition to the usual fees of constables in Oregon shall receive each a salary or $750. . . , while another clause of section 9 provides that the fees which shall be received by the marshal under the federal law shall be paid into the Treasury of the United States. It seems clear from a reading of these provisions that it was the intention of Congress that deputy marshals should recieve the usual fees of constables in Oregon when engaged in enforcing the laws of Oregon mad, applicable to Alaska by section 7 of said act, and should receive the salary of $750 for their services in executing the laws of the United States. Deputy Marshall Ross, when incurring the expenses covered by the bill above quoted, was engaged in performing duties covered by the laws of Oregon and not by the laws of the United States. He would be entitled, therefore, to the fees prescribed for a constable in Oregon. Those fees are found in section 2354 of the laws of Oregon and provide a mileage rate of ten cents a mile. This provision of law is exclusive and you are not authorized to pay the bill of the Nowell Gold Mining Company, amounting to $118, from the appropriation Fees and expenses of marshals, United States courts, 1895. Respectfully yours, R.B.B. Comptroller

APPENDIX II From the authors personal library of original correspondence. Sitka, Alaska, April 13, 1895 To the Comptroller of the Treasury Washington, D.C. Sir: Under date of December 31, 1894, I asked you whether I am authorized to pay the following bill, from the appropriation Fees and expenses of marshals, United States Courts, 1895". United States, District of Alaska To Nowell Gold Mining Co. , Dr. For hire of steamer Rustler from August 21 to August 24, 1894, to make trip to Chilcoot and return, with deputy U. S. Marshal John C. Ross to serve warrants for the arrest of Go-na-kah-go-wokton and AnAa-yacki, Indians charged with murder. $118. Under date of February 9, 1895, I am advised by you that said bill is not a proper charge against said appropriation, and I am not authorized to pay the same. La your letter you state that deputy marshal Ross, when incurring the expenses covered by the bill above quoted, was engaged in performing duties covered by the laws of Oregon and not by the laws of the United States. The Indian arrested was charged in the complaint before the Commissioner with manslaughter, under Section 5, Oregon Code, and deputy marshal Ross charged the fees of constable allowed by the Oregon Code for making the arrest, but charged no mileage. That the Commissioner made a mistake in charging the crime under the Oregon law, I think will not be seriously questioned. The U. S. Revised Statutes provides a penalty for murder and manslaughter, and the U. S. District Court for Alaska has invariably held that the offense of murder, or any lesser degree of that crime, is triable under the U. S. Revised Statutes alone. One of these defendants was indicted by the Grand Jury for murder under section 5339 Revised Statutes; convicted by a petit jury of manslaughter, and sentenced by the Judge to 8 years imprisonment in the penitentiary at San Quentin, Cal. It seems to me that murder and manslaughter are violations of the laws of the United States, and the deputy marshal is entitled to no fees in these cases but would be entitled to his actual expenses incurred in making the arrest. Mileage at the rate of ten cents per mile would not enable a deputy marshal to travel in this country at all. I have the honor to respectfully ask that you re-consider this bill and if possible allow me to pay same, as the charges were very reasonable, as it was necessary to make the trip and very important to this Territory for the preservation of law and order. Very respectfully, /s/ Louis L. Williams U.S. Marshal

APPENDIX JJ From the authors personal library of original correspondence. Treasury Department Office of the Comptroller of the Treasury Washington D. C. May 8, 1895 Louis L. Williams Esq. United States Marshal Sitka, Alaska Sir: I am in receipt of yours of the 13th ult. , requesting me to review my decision of February 9, holding that you were not authorized to pay the bill of the Nowell Gold Mining Co. of $118. 00. For hire of steamer Rustler from August 21, to August 24, 1894, to make trip to Chilcoot and return, with deputy U. S. Marshal John C. Ross to serve warrants for the arrest of Go-na-wah-go-kon-ton and An-la-yacki, Indians charged with murder, $118.00. You state that, The Indian arrested was charged in the complaint before the Commissioner with manslaughter, under section 518 Oregon Code, and deputy marshal Ross charged the fees of constable allowed by the Oregon code for making the arrest, but charged no mileage. Your further state that the Commissioner made a mistake in charging the crime under the Oregon law, as it has been invariably held that the offense of murder, or any lesser degree of that crime, is triable under the U. S. Revised Statutes alone; that subsequently one of the defendants was indicted by the Grand Jury for murder under section 5339, R. S. , and convicted of manslaughter, and express the opinion that, under the circumstances above enumerated, the deputy marshal is entitled to no fees in these cases but would be entitled to his actual expenses incurred in making the arrest. Mileage at the rate of ten cents per mile would not enable a deputy marshal to travel in this country at all. I see no reason to change my decision on account of the statement of facts made by you as above. A warrant stating an offense under the Oregon Code was placed in the hands of Deputy Marshal. Ross to serve. He did so serve the warrant, and as the offense was charged under the Oregon Code he could only serve that warrant as an ex officio constable, for which he was entitled to the fees of a constable in Oregon, including mileage at ten cents per mile. If the Commissioner made a mistake in charging the crime under the Oregon law when he should have charged the same under the Revised Statutes of the United States, that fact will not help the deputy marshal., for when a warrant is placed in his hands for execution it is his duty to execute the same, and his fees for such services depend upon the character of warrant which he serves. As that warrant was one issued under the Oregon law, it follows that he is only entitled to the fees provided for constables in Oregon, and not to his actual expenses, which are allowed to a marshal when executing warrants issued under the U. S. Revised Statutes. If mileage at the rate of ten cents per mile is not sufficient to pay the expenses of a deputy marshal while traveling

in Alaska, Congress alone can remedy the difficulty. Respectfully yours,

/s/ R. B. Bowler Comptroller

APPENDIX KK From the authors personal library of original correspondence. Sitka, Alaska, December 27, 1895 The Attorney General Washington D. C. Sir: I have the honor to submit the following explanations as required by your letter of December 6, 1895, Initials H. P. in relation to certain items in my account for Fees and Expenses Marshals, U.S. Courts, 1896, for the quarter ending September 30, 1895. Voucher No. 2, Deputy McNair Item 1, page 6. Deputy McNair is entitled to receive the fees provided by law for a constable in Oregon, when executing the laws of the state made applicable to this district.. (Section 9 of an Act providing a civil government for Alaska, approved May 17, 1884, 23 U. S. Stat, at Large, page 24). A constable in Oregon is allowed 50 cents for attending a justices court during a trial therein. (Section 2347 of the laws of Oregon). If a case should be on trial for two or more days he would only be entitled to receive 50 cents for attendance upon the trial, and if two or more cases were tried in one day, separate trials, I think there can be no question but that he is entitled to 50 cents for each trial. Mr. McNair has explained at the foot of each page where he charges for more than one attendance the same day, that they were separate and distinct trials and at different hours of the day. Same explanation as to item 2, page 10, item 3, page 16, and item 4, page 21. Voucher No. 3. Deputy Wallace Item 5, page 2. I have no postal map or no way of ascertaining the exact distance from Wrangell to Klawak. I am informed that it is usually called and estimated at 300 miles, and deputy Wallace says that the Captain of the steamer Baranoff, on which he made the trip, informed him that that was the distance. Deputy Marshals in Alaska charging and receiving mileage is a new practice, in conformity with a decision of the Hon. Comptroller dated February 9, 1895. Heretofore they received their actual expenses, distances were of not very much importance, but as they have to charge mileage now, under the Hon. Comptrollers ruling, when executing the laws of Oregon made applicable to this district, it becomes necessary for me to know the distances in Alaska, I therefore have the honor to request that I be furnished with a postal map. Same explanation as to item 6, page 3. Voucher No. 4. Deputy Hale. Item 7. Page 1. Deputy Marshal Hale had a warrant placed in his hands charging an Indian with murder, committed at Chilkat, Alaska, There had been a drunken fight in which two Indians had been killed. Chilkat is situated about 100 miles north of Juneau and there are not more than one or two white men living in the vicinity, and under no circumstances could an officer get any help at their hands, as they would be afraid of the Indians after the officer had gone. It was not safe under the circumstances and conditions for one officer to attempt to make the arrest. He also needed B. Armstrong, the guard, to act as interpreter. I enclose certificate of guard as required. Very respectfully,

/s/ Louis L. Williams U.S. Marshal

APPENDIX LL From the authors personal library of original correspondence.

Sitka, Alaska, February 5, 1895 The Attorney General Washington D. C. Sir: I enclose herewith a copy of a letter received some time since from L. R. Woodward, U. S. Commissioner at Ounalaska for your action. This letter was received on the last boat from the westward last fall just as I was preparing to leave for Juneau to attend the November term of the U. S. District Court, and at the close of the term of court I left the district, with the U.S. prisoners, for San Quentin, Cal. which caused the delay in its being referred to you. However, it is not materially affected by the delay as the first boat for Unalaska does not leave Sitka until about the 10th of April 1895. Very respectfully /s/ Louis L. Williams U.S. Marshal

APPENDIX MM From the authors personal library of original correspondence.

February 21, 1896

The Attorney General Washington D.C. Sir: I have the honor to request that I be furnished with three copies of the U.S. Revised Statutes, 3 copies Sup. R.S. 1874-1891, an9 4 copies of the laws of Oregon made applicable to this district, for the use of the U. S. Marshals offices at Unalaska, Kodiak, Douglas and Wrangell. My offices at Unalaska, Kodiak and Douglas have never had copies of the Rev. Stats., or Oregon Code, and my office at Wrangell has no copy of the Oregon Code. Very respectfully,

/s/ Louis L. Williams U.S. Marshal

APPENDIX NN From the authors personal library of original correspondence.

Sitka, Alaska, August 7, 1897

Hon. Wm J. Jones U. S. Commissioner St. Michaels Alaska Sir: Your communication dated July 22nd, at Seattle, Wash., is received with wire from the Attorney General giving the Marshal authority to purchase for your official use law and record books and stationery other than blanks, absolutely needed immediately. The aforesaid supplies cannot be obtained in Alaska and it is too late to order them from the States in time to reach you this fall. You will therefore have to do the best you can until navigation opens in the spring. Very respectfully,

/s/ James M. Shoup U.S. Marshal

APPENDIX 00 From the author! s personal library of original correspondence. Sitka, Alaska, February 3, 1899 The Attorney General Washington D. C.

I have the honor to say that a warrant for the arrest of John B. Wilson, charged with piracy, to-wit, running away with a vessel and cargo, issued out of the U.S. Commissioners court at Juneau, has been placed in my hands for service. A man named Smith, (I have not his initials) living in Seattle, Washington, claims to be the owner of the said vessel and cargo. He stated that Wilson with the vessel is lying in Kotzebue sound. He wants me to appoint him (Smith) to execute the warrant, and Captain Tuttle, UCRCS (sic) Commanding the TI.. S. Revenue Cutter Bear has informed me that if 1 will appoint Smith to serve the warrant he will apply for permission to proceed to Kotzebue Sound with the Bear as soon as the Bering Sea is clear of ace, and apprehend the alleged pirate, and bring him before a U. S. commissioner, and while I am of the opinion that under section 994 of the Oregon Code (page 668, Vol. 1, Hills Anno. Code) and section 788 U. S. R. S. , 3 have the authority to make appointments for a specific service, yet I do not like to appoint an interested party, nor do I think that a person so appointed would be entitled to fees, but Smith says he asks for no compensation. I suggested to Captain Tuttle and Smith that the Bear might touch at St. Michaels, and take the deputy marshal residing there aboard to execute the warrant, but they both seemed to prefer that Smith be specially appointed, fearing that the deputy at St. Michaels might be absent or unable to leave. I, therefore, respectfully ask to be specially advised in relation to the matter, as I do not like to take the responsibility of making such an appointment without submitting the matter to you. The Bear cannot get to Kotzebue Sound before July, and would probably not leave Puget Sound before the middle of April, in the meantime I will get Smiths name in full. Very respectful1y, /s/ James M. Shoup U.S. Marshal

APPENDIX PP From the authors personal library of original correspondence.

Department of Justice Washington February 27, 1890 0.T. Porter, Esq. U.S. Marshal Sitka, Alaska Sir: In answer to your letter from Juneau, of the 31st ultimo, you are authorized to proceed to San Quentin, California, to conduct certain prisoners, sentenced by the United States Court of Alaska, to the penitentiary at San Quentin. Funds have been advanced to you in compliance with your requisition of the 22nd ultimo. The Department sees no reason why, after having taken the prisoner to San Quentin, you should not comply with the order of the Court directing you to sell the cases of seal skins seized in the Behring Sea last summer, at San Francisco, California, where they will arrive in the month of April, 1890; they being now stored at Oonalaska. It is important to save all expenses that are not necessary, and it is therefore suggested to you that the prisoners should be taken to San Quentin at a time which will enable you to immediately attend to the sale of the seal skins, without remaining at San Francisco days or weeks in waiting for the arrival of the skins. Very respectfully,

/s/ W. H. M. Miller Attorney General

APPENDIX QQ From the authors personal library of original correspondence.

Juneau, Alaska, December 3, 1895

To the Attorney General Washington D. C. Sir: There have been several prisoners sentenced to the penitentiary a the present term of the U.S. District Court, and the probabilities are that there will be more sentenced before the court adjourns. I have the honor to request that I be granted a leave of absence to take said prisoners to the penitentiary. It has been the practice in this district to take all prisoners sentenced to imprisonment for one year or more, to the penitentiary at San Quentin, Cal. , and I suppose that this is in accordance with your instructions, but I am unable to find any letter on file in this office authorizing such transfer. I have the honor to request that I be advised in this manner, Very respectfully,

/s/ Louis L. Williams U.S. Marshal

APPENDIX RR

From the authors personal library of original correspondence. July 9, 1890

To the Attorney General Washington D. C.

Sir:

Your letter of June 19 enclosing draft of eight hundred and fifty dollars for Fees and Expenses of Marshals received. We cannot use the money although so badly needed for Support of Prisoners and the Miscellaneous Expenses funds for Support of Prisoners and Miscellaneous Expenses are entirely exhausted and funds for Support of Prisoners in arrears for the month of May and June and pay of guards for the month of June as per telegram to you of July 9th. I am greatly embarrassed in my effort to close up my accounts for the fiscal year ending June 30, 1890 and so telegraphed you for funds or instructions with hope ere this that relief is on the way. We have several prisoners awaiting trial but cannot hold further term of court (until) funds are furnished. It was the instruction of Judge Bugbee to immediately open a term of court at Sitka for the disposal of important cases on his arrival from Juneau City, but want of funds will delay the term to an indefinite period, meanwhile some of the prisoners are loudly clamoring for trials. Just how the Marshal for the District is to conduct the affairs of his office in a business manner without funds to meet constantly maturing obligations is a very serious question, one which I hope will be solved to the advantage of all concerned; in the meantime I will do the best I can for the interest of the government and to properly conduct the duties of my office. Very respectfully, Your obedient servant

/s/ Orville T. Porter U.S. Marshal We are completely handicapped in almost every way by the action of the Department referred to in the above letter. If justice is to be done here some liberality must be shown in Washington. The conditions of affairs with us is serious.

/s/ John S. Bugbee

U.S. District Judge

APPENDIX SS From the authors personal library of original correspondence. Department of Justice Washington D. C. January 30, 1891

0.T. Porter Esq. United States Marshal Sitka, Alaska Sir: Your account of miscellaneous expenses for the quarter ending December 31, 1890 has been received. You charge for September 25 gallons of coal oil, for the judges Chambers, and for October 150 gallons of coal oil for the Judges Chambers, amounting to $62. 50. You will state to the Department if the 150 gallons mentioned are for October, November and December. The Department understands that this was your intention. Perhaps it is not understood why so much oil is needed. Of course in your latitude darkness prevails a larger part of the day during the winter months; but on this supposition the amount of coal oil used for the lights of the Judges chambers during the month of September is five-sixth of a gallon a day, while it is apparently twice that amount for the remaining months of the year 1890. If this expense is for the holding of Court by the Judge, it is proper. Of course the oil is used exclusively for official purposes, and the Department desires a statement to that effect. Very respectfully,

/s/ Win. H. Taft Attorney General

APPENDIX TT From the authors personal library of original. correspondence. Sitka, Alaska, January 11, 1896 The Attorney General Washington D. C. Sir: There is enclosed herewith a copy of a statement from the Hon. Auditor for the State and other Departments, Initials L. J., from which it appears that the item of $1.50 charge June 17, 1895, for 1/2 dozen towels for use of U. S. prisoners confined in Sitka jail in the bill of W. P.Mills, Voucher No. 7, in my account for Support of Prisoners for the quarter ending June 30, 1895, was expressly disapproved by the Hon. Attorney General, and directing me to communicate with the Department of Justice in regard to said disallowance. I have the honor to state that by letter of November 12, 1895, from Frank Strong, Esq. General Agent Department of Justice, Initials J. J. G. , I was notified that my account for Support of Prisoners for the quarter ending June 30 1895, had been referred to the Hon. Auditor for the State and other Departments, and was not advised that any disallowances were made there I would respectfully state that the towels in question were of a cheap quality, purchased for the use of the U.S. prisoners confined in the Sitka jail, and were used by no other persons whatever , and that the same we needed for said Purposes. It is very necessary that the jail be supplied with towels and soap for the use of the prisoners, in order to keep disease from breaking out among them. I have tried to be as economical as possible in purchasing supplies for the jail, and have purchased only those articles which were absolutely indispensable. I have the honor to request that this item of $1.50 be approved and that the Hon. Auditor be notified of the action of the Department. Very respectfully,

/s/ Louis L. Williams U.S. Marshal

APPENDIX UU From the authors personal library of original correspondence.

Sitka, Alaska, February 16, 1899

The Attorney General Washington D. C. Sir: I have the honor to say that the Auditor for the State and Other Departments, in a communication dated January 27, 1899, certificate No 49, 015, relative to my account for Support of Prisoners, U. S. Courts 1898, among other things says: Item 5, Voucher No. 41 Account Current No. 5. Bill of P. J. Kostrometinoff for clothing. Item of April 15, 1898, 1 pair rubbers for Martha Boor-dukosky, 50 cents, deducted on recommendation of Attorney General as not allowable. The amount of itself amounts to little, and I will pay the amount into the Treasury, as it has been disallowed by your personal direction, otherwise I should appeal to the Comptroller . I desire to state that this woman preferred rubbers to shoes. Female prisoners have no toilet room in the jail and have to go to one on the beach about one hundred yards from the building, and as it rains here most of the time, it has been the custom to provide them with rubbers. I do not furnish prisoners with any more clothing than necessity and humanity requires. Very respectfully,

/s/ James M. Shoup U.S. Marshal

APPENDIX VV From the authors personal library of original correspondence. Sitka, Alaska, August 23, 1897 Hon. Geo. M. Shoup Boise, Idaho My dear brother: I enclose herewith draft of a bill authorizing the Marshal for this District to appoint an Office Deputy. Office Deputies are allowed in all the other Judicial Districts of the United States, with the exception of the Indian Territory. The disbursements from this office are much greater than in some other Districts, the duties performed at this office are also greatly in excess of other offices. There are ten deputy marshals in this District, all of whom report to this office. It requires a first-class accountant here. The, retiring Marshal found it necessary to personally pay the deputy in addition to the salary, and I find that I will have to do the same to retain a competent man. You will notice that the salary of the Marshal for Alaska is much lower than for other districts and that he cannot afford to divide his salary with his Office Deputy. I request that you introduce the enclosed bill at as early a date as convenient and use your influence in having it become a law. Make whatever changes in the act you think necessary, or perhaps it would be better to first submit the bill to the Attorney General, informing him that you did so at my request. Sincerely yours,

/s/ James M. Shoup

APPENDIX WW From the authors personal library of original correspondence.

Department of Justice Washington

May 28, 1890 0.T. Porter Esq. United States Marshal Sitka Alaska Sir: The Department is in receipt of correspondence relative to one George H. Berry, now confined in the United States Jail at Sitka, on account of his insanity. There is no provision in law which authorizes me to transfer this person to the Government Hospital for the Insane, for the reason that he is neither charged with nor convicted of crime. However, I have referred the matter to the Committee on Territories of the United States Senate, to the end that appropriate legislation may be effected. In the meantime you will care for said Berry in the best manner possible. Very respectfully,

/s/ W. M. H. Miller Attorney General

APPENDIX XX From the authors personal library of original correspondence. September 15, 1890 To the Attorney General Washington, D.C. Sir: I have the honor to inform you that on the seventh of July 1890, owing to his condition, Geo. H Berry, confined in Jail here for insanity was removed from the Jail and Joseph Cline, a good nurse, was engaged to attend him at a remuneration of $2.50 per day, and $4.00 per month is being paid for his present quarters. This action became absolutely necessary on account of Hon. Berrys condition. He has lost all control of himself and has involuntary emissions requiring constant attention to keep his clothes and the bed so that anyone can bear to stay in the room with him. He is gradually failing and it is thought that he cannot survive much longer. It was impossible to keep him in the jail without jeopardizing the health of all the prisoners, as there was no separate room for him, and with the best kind of care he scented the whole jail. I procured a good nurse, a strong man, who could lift him in and out of bed, at the least possible expense to wit; $2. 50 per day also paying $4. 00 per month for his room. In your letter of May 27, H.P. 3478-1890, you tell me to take the best possible care of him. This has been done at the least possible expense and I trust it will meet with your approval. Very respectfully, Your obedient servant

/s/ Orville T. Porter United States Marshal

APPENDIX YY From the authors personal library of original correspondence.

October 15, 1890 To the Attorney General Washington D. C. Sir: I take occasion to inform you of the death of George H. Berry, an insane man under my charge which occurred on Monday, October 13, 1890. Very respectfully, Your Obedient Servant,

/s/ Orville T. Porter U.S. Marshal

APPENDIX ZZ From the authors personal library of original correspondence. Department of Justice Washington November 20, 1891 0.T. Porter U.S. Marshal Sitka, Alaska Sir: Yours relating to Michael Travers committed for insanity and accompanying report of commission de lunatico inguirendo duly received. On examination of page 330, U. S. Statutes at Large, vol. 22, it will be seen that upon the application of the Attorney General the Secretary of the Interior be, and he is hereby, authorized and directed to transfer to the Government Hospital for the Insane in the District of Columbia all persons who having been charged with offenses against the United States, are in the actual custody of its officers, and all persons who have been or shall be convicted of any offense in a court of the United States and are imprisoned in any state prison or penitentiary of any state or Territory and who during the term of their imprisonment have or shall become and be insane. You observe from this that the Attorney General can only make an application for the transfer of an insane person when he has been charged with some offense against the United States. This does not appear from any of the papers that you have forwarded, and you will at once observe the want of jurisdiction of this Department. If Michael Travers was charged with an assault to do a great bodily injury before the Commissioner it would be in compliance with the terms of the statute to authorize his removal. You will consult with the U. S. Attorney and take such steps as in his opinion is warranted from the law. Very respectfully, /s/ E. C. Foster General Agent

APPENDIX AAA From the authors personal library of original correspondence.

Attorney General Washington D.C. November 1, 1892

0.T. Porter United States Marshal Sitka, Alaska Sir: Answering yours of the 15th ultimo, relative to the disposition to be made of the two prisoners, John Jestelund and Carl Sweetfogel, now confined in the jails of Alaska as insane persons, I have to say that the inadequate appropriation for fees and Expenses for Marshals (out of which the transportation of these persons would have to be paid) does not warrant me in incurring the large expense necessary to transfer them to the Government Hospital for the Insane at Washington, D. C. I see no other course for you to pursue but to notify the friends of these insane prisoners, that from and after the 1st of January next, the Government will. no longer be chargeable with their care and custody. You will govern yourself accordingly. Very respectfully,

Attorney General

APPENDIX BBB From the authors personal library of original correspondence.

March 11, 1893

Adolph Jestelund Tacoma Wash. Dear Sir: Your letter of March 1st is received Your brother is much better and appears rational. I received a letter from the Department of Justice, Washington D. C. some time ago ordering him discharged on January 1, 1893 but have kept him in Jail as he could not make his living here if turned loose, but 1 have to discharge him. He wants to come to you, I read him your letter, you had better purchase a ticket steerage passage and send it to me by return steamer and he will come down on the next boat. Respectfully,

Orville T. Porter U.S. Marshal

APPENDIX CCC From the authors personal library of original correspondence. Sitka, Alaska, September 17, 1894 To the Attorney General Washington D. C. Sir: George Beaumont was convicted of a misdemeanor, before U. S. Commissioner Robert C. Rogers, at Sitka, Alaska, on the eleventh day of June, 1894, and sentenced to three months imprisonment at this place. His term of imprisonment expired on the 1st instant. He has been declared, by a U.S. Commissioners Court, insane and dangerous to be at large. He is totally blind and that he is insane I have no question. I have kept him, and a man to wait on and take care of him, at my own expense, since he was discharged from jail. He has no friends or relatives in this territory at least, who are able or willing to assist him. I understand, from the District Attorney, that he has some relatives, residents of New York and London, who are able to help him if they have the disposition to do so, but as yet they have made no provision for his support or maintenance. He is interested in a mining claim, located on Douglas Island, and possibly some others that I have no knowledge of. It is possible that he may realize something out of his mining property, but that necessarily is very uncertain and some distance in the future, if ever. I am sure he could not borrow $500 and I dont think any part of it, at the present time giving his mining property as security. When first committed to jail, he was in a very weak and feeble condition physically but he has improved wonderfully and is now in the ve!:y best of health. He is comparatively a young man, I should judge about forty years of age, and by proper care and treatment in an insane asylum his reason might be restored. I dont feel that I could turn him out or refuse longer to take care of him, and dont wish to support him at my own expense if there is any way to provide for his care and maintenance. I have stated all the facts and circumstances in his case, as fully as I understand the same. I would respectfully ask that if it be possible George Beaumont, the insane person mentioned be ordered transferred to some asylum for the insane.

Very respectfully,

Louis L Williams United States Marshal

I have read the foregoing statement and concur in all that, is stated.

Taylor, U. S. Attorney

APPENDIX DDD From the authors personal library of original correspondence. Sitka, Alaska, February 5, 1895 To the Attorney General Sir: I desire to call your attention again to the case of one George Beaumont, who was convicted of a misdemeanor before U. S. Commissioner R. C. Rogers at Sitka, Alaska, on June 2, 1894, and sentenced to three months imprisonment in the U.S. Jail at this place. I wrote you fully in regard to his case, under date of September 17, 1894, and in answer to my letter, under date of October 19, P.S. File No. F. 656l - 1894, you stated that you had been informed by District Attorney Taylor since my letter was written, that the friends of Beaumont have signified their intention to properly care for him hereafter. His relatives wrote Mr. Taylor a letter or several I believe, stating they would provide means for taking care of Beaumont, but they have utterly neglected to do any.. thing in his behalf or to provide for his maintenance or support. I have never heard a word from them nor received a cent for the maintenance of their relative, and I was informed by Mr. Taylor, District Attorney, just before he left for the East: that he had not heard from them for a long time. If he has any friends or relatives in the world who are able or willing to help him, we have not been able, after a search of six or eight months to find them. He is still in my charge with no prospect of his recovery, or being removed or taken care of by his friends or relatives. I would respectfully ask if the government will not reimburse me for the expense I have been to in taking care of him since his term of imprisonment expired, also the board of a nurse who stayed with him for two months. I paid the nurse nothing, only furnished his board. I enclose herewith a copy of my letter of September 17, which sets forth all the facts in his case so far as I am advised. Very respectfully,

/s/ Louis L. Williams U.S. Marshal

APPENDIX EEE From the authors personal library of original correspondence.

Sitka, Alaska, March 15, 1895

To the Attorney General Washington D. C. Sir: I have the honor to state that Mr. Taylor, the district attorney, received by mail that arrived today a P. 0. money order for $50. 00 from the relatives of George Beaumont, the insane person in my custody, to be applied to his care and maintenance, and they have promised to pay the balance of the expense I have been to in taking care of him and also to provide for his support in the future. If they keep their promise there will be no necessity of you acting upon the request contained in my letter of the 5th ultimo, asking the government to reimburse me for the expense I have been to in caring for him. Very respectfully,

/s/ Louis L. Williams U.S. Marshal

APPENDIX FFF From the authors personal library of original correspondence.

April 1, 1895

Louis L. Williams United States Marshal Sitka, Alaska Sir: Your letter of the 15th Ultimo is received, relative to the case of George Beaumont, an insane person in your custody, and referring to your previous letter of September 17, 1894, on the same subject. In your last letter you say that you have received from the relatives of said Beaumont a remittance of $50. 00 to be applied to his care and maintenance and that they promise to pay the balance of expense incurred by you in taking care of him and also provide for his support in the future. In this connection you are advised that on receipt of your previous letter in which you stated that it was impracticable for you to support him longer at your own expense, and suggesting that he should be sent to an insane asylum for proper treatment in order that his reason, if possible might be restored, the Department communicated on the subject with the Secretary of the Interior asking whether it would be possible to provide for an insane person, under these circumstances and not a United States prisoner, in the Government Hospital for the Insane, at Washington D. C. In his reply the Secretary states substantially that, although there seems to be no law specifically applicable to cases of this kind, yet if the expenses necessary to transfer Mr. Beaumont from Sitka to Washington could be defrayed by this Department, he could be admitted to the Government Asylum. This decision you will perceive, left the matter unchanged as it is not practicable for this Department to defray the expenses of his transportation. The information contained in your letter of March 17th seems to relieve the situation entirely, and it is presumed that there will be no further difficulty in providing for this unfortunate person. Respectfully,

Acting Attorney General

APPENDIX GGG

From the authors personal library of original correspondence. September 8,1896 The Attorney General Washington D.C. Sir: Commissioner R. C. Rogers of Sitka, Alaska has committed a man by the name of Fred. Miller to the Sitka jail, in default of bail to keep the peace, (Viol. Sec. 412, Ch. 87, P. 394 0. C.). Since in jail he has been examined by Drs. Rogers and Evans as to be insane and dangerous to be at large . He had been in jail since June 13, 1896, and his mental condition does not improve. Mr. McNair has received a letter from his relatives in New York in which it is stated that he has been insane before, and that they are poor people and unable to do anything for him. I have the honor to enclose herewith the letter received by Mr. McNair from his sister. I have the honor to respectfully recommend that he be removed to some asylum for the insane, if possible, in order that he may be properly cared for. I have the honor to enclose herewith a statement from Drs. Evans and Rogers as to his mental condition. Very respectfully, /s/ Louis L. Williams U.S. Marshal I earnestly endorse the above recomendation (sic). /s/ Barton E. Bennett U.S. Attorney

APPENDIX HHH From the authors personal library of original correspondence. November 9, 1896 The Attorney General Washington D. C. Sir: Your letters of October 2, 1896, Initials F. S. , 14803-1896, and October 23, 1896, Initials F.S. , 16347-1896, relative to the cases of Fred. Miller and Mike Keating, two insane prisoners confined in the LI. S. Jail at this place, have been received. You inform me that on account of the enormous cost involved, the Department declines to authorize the transfer of these unfortunate persons to an insane asylum. I have the honor to state that I fully appreciate that these matters involve a very considerable expense, but it does appear to me that in the interests of humanity the proper course is to have both these parties transferred to some Insane Hospital. There is much ground for the belief that Miller can be permanently restored; but the case of Keating appears to be hopeless. In the latter case the Judge has peremptorily decided that it is not safe or proper for the man to be set free. He is far too violent and dangerous to go at large, and has to be confined strictly to his cell and handled with the greatest care, as he is liable at any moment to inflict serious injury upon those around him. For these reasons he cannot be turned loose, and should be speedily put in some institution for the care of unfortunates of this class. These persons are now confined in the jail at Sitka and an extra guard, at $75. 00 per month, is employed to care for them. It is very disagreeable to have them in the jail building, as well as unhealthly (sic) for the other prisoners, but I am not able to make any other arrangements for their care. If removed from the jail, at least two guards would have to be employed, and an additional expense for rent, fuel and lights, if it were possible to secure a building with the necessary accommodations; and as Dr. Rogers, the jail physician, has stated that in his opinion their condition is not likely to improve with the treatment that we are able to give them, it would not be temporarily but indefinitely. I have the honor to state that in my opinion it would be more in the interests of economy to transfer these persons to an Insane Hospital, than to attempt to care for them here for an indefinite period. Judge Delaney authorized me to say that he concurs in the foregoing. Very respectfully,

U.S. Marshal I well know the facts in these cases and concur in the foregoing. U.S. Attorney I concur in the above statement. Governor of Alaska

APPENDIX III

From the authors personal library of original correspondence. Skagway, Alaska, October 22, 1901

Hon. John G. Brady Governor of Alaska Sitka, Alaska Sir: I have the honor to acknowledge the receipt of your letter of the first instant quoting from a letter of the Honorable Secretary of the Interior, and beg leave to ask if I am to understand from your communication that the provision requiring a permit from you to the Superintendent of the Oregon State Insane Asylum for the transfer of insane patients at that institution is no longer in affect. I also note what you say relative to the decision of the Comptroller of the Treasury that , the Marshals vouchers for expenses must be approved by the Governor and the Secretary of the Interior, in order that they may be paid out of any money in the Treasury not otherwise appropriated. This decision in no way __________ the statute provides that all expenses incurred by the United States Marshal in the care and transportation of insane patients will be paid from the appropriation, Salaries, Fees and Expenses of Marshals. Very respectfully, /s/ James M. Shoup U.S. Marshal

APPENDIX JJJ U.S. Congress, House, Message from the President of the United States, in answer to a Resolution of the House of the 19th of December last, transmitting correspondence in relation to Russian America, 40th Cong. , 2nd Sess. , Ex. Doc. No. 177, Feb 19, 1868, pp. 64 and 65.

Department of State Washington, October 28, 1867 General U. S. Grant Secretary of War ad interim Washington General:In the absence of specific legislation by Congress for the organization of land districts in Alaska claims of pre-emption and settlements are not only without the sanction of law, but are in direct violation of laws applicable to the public domain. Military force may be used to remove intruders if necessary. Will you have the goodness to instruct Major General Halleck to this effect by telegraph and request him to communicate the instructions to Major General Rousseau at Sitka? I have the honor to be, General, your obedient servant, William H. Seward Secretary

APPENDIX KKK

From the authors personal library of original correspondence.

February 25, 1893

To the Attorney General Washington D. C. Sir: I am in receipt of a letter from the Department of Justice signed by you, bearing date February 11, 1893 Initials H. S.C. E. T. 11th, 1891, in answer to my explanation for transporting five U.S. Prisoners from Sitka to San Francisco Cal. in this letter I am informed that the account $775. 00 has been approved for $580. 00 and that the balance $195.42 my personal expenses are not properly charged against the funds for expense of prisoners but rather to that from which the marshals be reimbursed for expenditures by your position as ex-officio Surveyor General in the wording of your letter. I wish to respectfully inform you that there is no fund of any sorts or realized as far as I can learn, that can be utilized to meet the traveling expenses of the Surveyor-General of this District and no fund that he can draw upon to meet any expenses that may arise in this department, be the necessity ever so great. The office is one of glory and hard work without compensation. I wish further to respectfully call your attention to a paragraph on page 500 of the Organic Act under head of duties of Marshals which reads as follows. For transporting criminals convicted of a crime in any district or territory where there is no penitentiary available for the confinement of convicts of the United States to a prison in another district of territory designated by the Attorney General, the reasonable actual expense of transportation of the criminals, the marshal and the guards and the necessary subsistence and hire. I wish further to respectfully inform you that I have never for a moment conceded nor do I concede to the construction placed upon my official acts by the terms of your letter. I started to San Quentin with five U.S. Prisoners and two deputies not knowing what might happen on the journey. Reaching Port Townsend I was informed that the Umatilla was not due in 36 hours, in fact she did not reach Port Townsend for 48 hours after I left. I had important business to transact connected with the Surveyor Generals office and I knew that if I waited. the sailing of the Umatilla I could not possibly transact my business and catch the return steamer besides my presence was needed at Sitka without any unnecessary delay in San Francisco. There is another question that suggests itself forcibly just at this time. Has a United States Marshal any discretionary powers allowed him to meet the exigencies that from time to time arise in his official career? or is he a mere machine driven along in the routine rut of technical rulings, that so far as the and necessities of this

district are concerned, are of times inapplicable, injust and oppressive? It seems to me that under his bond, responsible to the government for all of his official acts, he should be allowed to use his judgment, especially when such use is for the best interests of the government, and not be subject to the peccadillos of a few zealous clerks in the departments who have nothing to do to earn their salaries but to find fault with officers struggling to do their duty in this far off land. I have been marshal of this district now for nearly three and a half years, and I challenge any of the Departments in Washington to point to a single instance wherein they have found any disposition on my part to put to a wrongful use one dollar of government money entrusted to me as the disbursing officer of this district. After approving this expense account as you did in your letter of October 12, 1892, Initials F. S.E.C. F. 10-1891 why was it reopened again in your letter of January 7 Initials F.L. 10-1891? Simply from the fact that some clerk probably in the Comptrollers Department thought he had discovered something that would redound to his everlasting fame and hence all the trouble about the legimate (sic) expense of taking 5 U. S. prisoners to San Quentin. I have not much more to add. The government will have to meet this expense, and I shall not bother myself about it. The law is plain and not to be misunderstood. The simple fact that I did not attend the prisoners across the ocean, where escape was impossible, will not concel (sic) the fact that I did attend them from Sitka to Port Townsend and from San Francisco to San Quentin where escape was possible and where my services were needed. Add to this the fact that my absence was owing to other government interests that claimed my time and attention I feel strong in the conviction that if the test comes Senators Weitchell and Dolph of Oregon will. see to it that justice is done me and that I do not suffer for doing my duty while in the service of the government. I wish to say in conclusion that I greatly value and appreciate your kindness to me during my incumbency in the Marshals Office. When I have been able to reach you personally I have never failed of receiving kindness, curtesy (sic) and justice at your hands for which I most sincerely thank you. To be sure your name was signed to the letters having reference to these matters, but I am thoroughly convinced that you did not, for want of time to examine into the matter, understand their purport and significance. Very respectfully, /s/ Orville T. Porter United States Marshal

APPENDIX LLL From the authors personal library of original correspondence.

Sitka, Alaska, August 18, 1897 The Attorney General Washington, D. C. Sir: I have the honor to respectfully ask for instructions, relative to the office of Surveyor-General for Alaska. I am informed that a Surveyor-General has been appointed but have no information as to when he will reach the seat of government for this district. The only shadow of authority I find for the Marshal to act as Surveyor-General are the provisions contained in Sections 2222 Revised Statutes, page 390, as follows: xxx or until a day when a successor enters upon the duties of such office. It seems to me that the only grant of power to the Marshal to perform the duties of Surveyor-General were that part of Section 8 of an Act entitled: An Act providing a Civil Government for Alaska, approved May 18, 1884, which provides in part as follows: xxx and the Marshal provided for by this Act shall be ex-officio Surveyor-General for said District. As that Act has been repealed and the repealing Act does not provide that the Marshal shall perform the duties of Surveyor-General until a Surveyor-General is appointed and enters upon the duties of his office, it appears to me that none of the provisions of section 2222 R. S. apply in this instance, and that the Marshal of Alaska can no more perform the duties of Surveyor-General than he could if the said Act of May 17, 1884, had never been enacted. Very respectfully,

/s/ James M. Shoup U.S. Marshal

APPENDIX MMM From the authors personal library of original correspondence.

November 8, 1893 Hon. William C. Long United States Marshal San Francisco, Cal. Dear Sir: Enclosed please find orders of Wm Ormond and G. Johnson or $50 and $25 respectively, bearing date July 1, 1893, on Roth, Blum and Co. of San Francisco Cal. I have endorsed the same and you would oblige me to collect the amounts and remit the same to me. Ormond and Johnson are engineers on the Steamer Karla K. They were sentenced by Capt. Healy, Commanding U. S. Steamer Bear (who is a Justice of the Peace, for the District of Alaska) for selling liquor to natives. Respectful y, /s/ Orville T. Porter United States Marshal

APPENDIX NNN From the authors personal library of original correspondence.

Sitka, Alaska, September 15, 1897 The Attorney General Washington, D. C. Sir: I have the honor to request that you ask the Hon. Secretary of the Navy to order the U. S. Gunboat stationed here to lie at the Port of Juneau, during the term of the U. S. District Court, commencing at Juneau November 8, 1897. The reasons for making this request are that the jail at Juneau is a very poor building for holding desperate criminals during trial. There will be at least seven murder trials at the said term of Court. Two of the defendants were released last winter from the Juneau Jail, by force, and one deputy marshal was killed and two others severely wounded before they were recaptured. A large sum of money has been subscribed by friends of these defendants to be used in their behalf and there is a strong probability that another attempt will be made to release them by force, should they be convicted. I am confident I can prevent their release or escape, but if the Gunboat is stationed at Juneau, the expense will be much less, and I am of the opinion that no attempt will be made to release them if the War Ship is there at that time, as recapture would surely follow. I do not think it would be good policy to have the said defendants confined on the Gunboat during trial, or do I think it necessary that they should be, the presence of such a vessel is all that is required. Very respectfully, /s/ James M. Shoup U.S. Marshal

APPENDIX 000 U.S. Congress, House, Alaska Seal-Fisheries, 44th Cong., 1st Sess. , Ex. Doc. No. 43, Jan. 5, 1876, P. 50.

Extract Letter from Charles Bryant, Special Agent at Saint Paul to Secretary of Treasury George Boutwell, May 19, 1871.

Sir:I have the honor to report the arrival, on the 1 5th of the present month, at this island, of the Alaska Commercial Company s steamer Alexander, laden with material and supplies for the island. As I have received no communication whatever from the Department by said steamer, I must conclude that such matter must have been sent, by mistake, to Sitka, in which case I am not likely to receive it for a year or so; and I beg leave to request that, as no vessels but those belonging to the Alaska Commercial Company visit these islands, instructions be given that all mails be forwarded to these islands from San Francisco direct. In the absence of any instructions, I shall be guided by a certified copy of the act of Congress authorizing the lease and the conditions of the lease, as given to me by the company ..

Charles Bryant Special Agent Treasury Department

APPENDIX PPP U.S. Congress, House, Alaska Seal-Fisheries, 44th Cong., 1st Sess., Ex. Doc. No. 43, Jan. 5, 1876, pp. 53and 54.

Office Special Agency Saint Paul's Island, Alaska, July 15, 1875 Hon. George S. Boutwell Secretary of the Treasury Sir: I have the honor to inform you of the arrival at this island, on the 11th of the present month, of the bark Cyane, of and from San Francisco, direct, owned and controlled by the Alaska Commercial Company, and laden with supplies for this station; said bark returns via Onalaska and other stations, and will take no fur-seal skins. I hereby acknowledge the receipt, by way of Kodiak, of Department letter appointing Samuel Falconer special agent, dated December 28, 1870, and marked H S. V. in the upper left-hand corner; also, an accompanying letter of instructions in connection therewith, dated January 3, 1871, and marked 0. D. M. in the upper left hand corner; also, twenty-five blank payvouchers. I herewith enclose a duplicate copy of certificate of fur seal skins shipped per steamer Alexander May 19, 1871. I have the honor to remain, yours

Charles Bryant, Special Agent Treasury Department

APPENDIX QQQ U.S. Congress, House, Report of the Secretary of War, 43rd Cong. 2nd Sess. , Ex. Doc. No. 1, Part 2, 1874, p. 1.

Department of State Washington, February 3, 1869 Andrew Johnson President of the United States The Secretary of State has the honor to submit to the President, herewith, copies of a letter from the Secretary of War, and of the undersigneds reply thereto, in relation to the encroachments of agents of the Hudson' s Bay Company upon the trade and territory of Alaska. In order to carry into full execution the statutes prohibiting Unauthorized trade and intercourse with Indians in Alaska, it appears essential that a district court of the United States, with the usual judicial and ministerial officers, should be established therein. It does not adjoin any other territory of the United States. The expedient heretofore employed of annexing such new and sparsely-settled Indian country to some established territory for judicial purposes is impracticable in this instance, because offenders could not be transported to the place of trial without passing beyond the jurisdiction of the United States, or being conveyed by sea to Oregon or California. I have the honor to suggest that the subject be brought to the attention of Congress. Respectfully submitted; William H. Seward

APPENDIX RRR From the authors personal library of original correspondence.

Sitka, Alaska, January 4, 1898 Henry Rechtin, Esq. Disbursing Clerk Department of Justice Washington D. C.

Sir: I have the honor to state that on the 14th day of August 1897, appointed J. J. Rutledge U. S. Deputy Marshal to reside at. Circle City. Mr. Rutledge qualified on August 16, 1897, at Juneau, and started for Circle City by way of the Chilkoot Pass. I have not heard a word from him since his departure, but I have been informed by miners who have just come out of Dawson City that Rutledge went no farther than Dawson and is now on his way back to Juneau. If this is true, he has been absent from the United States and is entitled to no salary. Should you receive any voucher and non-absence report from him please postpone payment until you are advised of the facts.

Very respectfully James M. Shoup United States Marshal

APPENDIX SSS From the authors personal library of original correspondence

Sitka, Alaska, April. 4, 1898 The Attorney General, Washington

Sir: I have the honor to transmit to you under separate cover letters, papers, accounts, etc. received by me from J.E. Crane, appointed U. S. Commissioner to reside at Circle City. Soon after I was qualified as U. S. Marshal, I appointed J. J. Rutledge U. S. Deputy Marshal to reside at Circle City. He went no farther than Dawson, NWT and on Feb. 19, 1898, I sent an appointment to F.M. Canton of Circle City, vice J.J. Rutledge removed. Since then I have seen a letter from Mr. Crane in which he states that he qualified before an Army officer. Canton will naturally suppose that Mr. Crane is a duly qualified commissioner, and will qualify before him. Mr. Cranes official bond has never been filed with the clerk of the District Court at Sitka. Being of the opinion that Mr. Crane is not a commissioner, and that everything he has done is void, I respectfully refer his papers to the Department of Justice. He has evidently acted in good faith, and I hope some relief may be provided for him even should it require a special Act of Congress. The appointment of 0. W. Dunn as deputy marshal jail expenses, etc. , are all his own doings without authorization from this office. Very respectfully, /s/ James M. Shoup U.S. Marshal

APPENDIX TTT

U.S. Congress, House, Letter from the Secretary of Treasury, 42nd Cong. , 2nd Sess. , Ex. Doc. No. 85, Jan. 23, 1872, P. 1.

Treasury Department Washington D. C. January 20, 1872 Hon. James G. Blaine Speaker of the House of Representatives Forty-second Congress Sir: I have the honor to enclose herewith, for the action of Congress, a bill to enable this Department to make a suitable allowance for the compensation of Charles H. Pierce, late acting deputy collector of customs at the port of Ounalaska, in the district of Alaska. It appears, from the collectors report and other evidence before this Department, that Mr. Pierce actually performed duty under a temporary appointment, in pursuance of proper authority for a period of about ten months, viz; from June 20, 1870, to April 24, 1871, but that he was never actually sworn into office. It further appears that Mr. Pierce was not in any manner responsible for this omission, and that he performed his duties in entire good faith, and with the understanding that his compensation would be at the rate of fifteen hundred dollars per annum. Communication with the port of Ounalaska being difficult and infrequent, the irregularity alluded to was not immediately discovered or corrected, but I have no reason to believe that the public interests were in any degree injured thereby, and under the peculiar circumstances of the case, I have no hesitation in recommending the passage of the bill herewith submitted. Very respectfully, Geo. S. Boutwell Secretary

APPENDIX UUU From the authors personal library of original correspondence.

Sitka, Alaska, July 22; 1898 The Attorney General Washington D. C. Sir: Immediately upon learning of the trouble at Skaguay and that the deputy United States marshal stationed there together with a number of other persons were held as prisoners by an organization of citizens, I left for the above named place arriving there the night of the 1 3th instant. I found that some thirty persons had been ordered to leave the town and had gone, and that an officer, appointed by the United States Commissioner, at Dyea, had about fifteen more in his custody awaiting examination before the United States Commissioner. Everything was turned over to me as soon as I arrived and none of the citizens offered any resistance or obstructions of any kind to the proper examination of the aforesaid prisoners. Eleven in all were held by the U. S. Commissioner, to await the action of the Grand Jury at the next term of court and placed under heavy bonds. None of the defendants were able to give bail and as Frank E. Reid, (shot by Jeff Smith), was expected to die at any moment, and that an attempt would immediately follow his death to which some of the said prisoners by first overpowering the guards, I chartered a boat and brought all of the prisoners to Sitka. There was no evidence produced that deputy marshal Taylor was connected with the robbery which lead to the disturbance but he was bound over to answer the charge of neglect of official duty. I removed deputy marshal Taylor as soon after my arrival as I became convinced that he had not performed his duty as an officer. I returned to Skaguay again as soon as the said prisoners were lodged in the U.S. Jail at Sitka and found that perfect order prevailed. I anticipate no more trouble here in the immediate future. Very respectfully,

/s/ James M. Shoup

APPENDIX VVV From. the authors personal library of original correspondence.

Juneau, Alaska March 16, 1901 C.W. Bruce, Esq. Field Deputy Marshal Sunrise, Alaska

(extract) Replying to your letter of February third, you are advised that the fee bill does not provide compensation for a deputy for investigating alleged violations of the law. It is not made his duty to follow up rumors or reports of lawlessness. Persons who have complaints to make should go before the United States commissioner and file a complaint in the proper way, have a warrant issued, and it becomes the duty of the deputy marshal to make the arrest. It would be most unwise to give credence to every report that: is made and there is a way by which every offender may be brought to justice. The fees fixed by the fee bill are for services rendered under process. Very respectfully,

/s/ James M. Shoup U.S. Marshal By W.H. McNair Chief Deputy

APPENDIX WWW From the authors personal library of original correspondence. Skagway, Alaska, June 23, 1900

Captain W. R. Abercrombie, U. S. A. Commanding Officer Copper River Exploring Expedition Valdez, Alaska

Sir: Your letter of the 24th ultimo, with communication enclosed as s stated, has been received. This appears to be a case of larceny, and if the value of the property is more than $35, and there is sufficient evidence to convict, the parties should be arrested on a sworn complaint and taken before the court commissioner for examination as or not they shall be held to answer to the grand jury if the value is less than $35. the commissioner will have trial jurisdiction of the case. Should the parties be held to answer to the grand jury, the witnesses should be placed under bonds for their appearance, and in case they can not give such bonds as the commissioner may require, they should be held as detained witnesses as provided by law. I suggest that the commissioner try them for petit larceny, as the maximum penalty is one years imprisonment. Very respectfully,

/s/ James M. Shoup U.S. Marshal