The Administration of Criminal Justice in Alaska 1867 to 1902 By Thomas O’Rhelius 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 the- UNIVERSITY 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 Uprising- British Royal Navy Restores Peace Revenue Marine Service Assumes Control III.MILITARY GOVERNMENT BY THE NAVY; JUNE 14, 1879 THROUGH SEPTEMBER l4, 1884 Lieutenant Beardslee’s 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 Alaska’s 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 author’s 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 Hudson’s 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 1 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. 2 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. 3 This was the sum agreed upon for delivery at London. To offset depreciation of the American dollar, an additional $200, 000 was provided. 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; Cook’s 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 Rousseau’s 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 4 U.S., Congress, Senate, Convention for the Session of the Russian Possessions in North America to the United States, 48th Cong., 2nd Sess.