210 ANDREW FISH
more rights than had other British citizens. By this time Douglas' connection with the Company was at an end, though the severance was very recent. His resignation of all official connection with, and interest in, the Company had been de- manded by the British Government as a condition of the appointment as Governor of British Columbia toward the end of 1858. The Governor emphatically says :
"To the reported outrage on an American citizen I beg to give the most unhesitating and unqualified denial. None of her Majesty's ships have ever been sent to convey the chief factor or any other officer of the Hudson's Bay Company to San Juan for the purpose of seizing an American citizen, nor has any attempt ever been made to seize an American citizen and to transport him forcibly to Vancouver's Island for trial."
Of course not; Mr. Dallas, who was accused of the attempt to arrest, was not chief factor but a director of the Company, and President of Council in North America; he did not go in a war-ship but in the Company's trading-steamer; he did not go for the purpose of seizing anybody, he happened to be there at the time; nor did he attempt to forcibly transport Cutler, for, as Cutler himself deposes, he was only threat- ened. Mr. Dallas denied even the threatening, and gave a different account of some of the other details of the affair. "No demand of $100, or any other sum of money, was made upon him [Cutler], nor did I threaten to apprehend him, or take him to Victoria. On the contrary, I stated distinctly that I was a private individual, and could not interfere with him. I have fortunately three unimpeachable witnesses to prove this." 44
Among the contradictory statements we have to find suf- ficient evidence to warrant Harney seizing the island if he can be warranted at all. He was demonstrably at fault in his account of some parts ; other parts are in doubt through con- flict of evidence. Beyond cavil the culprit was not actually arrested and no force was used upon him, even if we concede
44 The British Colonist, June 7th, 1860.
