IMAGE EVALUATION TEST TARGET (MT-3) 1.0 l.f 11.25 1^ 128 |2.5 ■^ lii 12.2 !!: La 12.0 'n o> ^.*- •^ /, ^.^ ^'j^ /I '/ /A G Photographii Sciences Corporation :.3 WEST MAIN STREET WEBSTER, N.Y. MSM (716) 873-4503 CIHM/ICMH Microfiche Series. CIHIVI/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques Tschnical and Bibliooraphie Notaa/Notaa tachniquat at bibliographiquaa Tha Inatituta haa attamptad to obtain tha baat original copy availabia for filming. Faaturaa of thia copy which may ba bibliographically unlqua. which may altar any of tha imagaa in tha raproduction, or which may aignificantly changa tha usual mathod of filming, ara chackad balow. r^l Colourad covars/ 12^ Couvartura da coulaur I I Covart damagad/ D Couvartura andommagAa Covars rastorad and/or laminatad/ Couvartura rastaurAa at/ou palliculia I I Covar titia missing/ D D D D D La titra da couvartura manqua r~1 Colourad maps/ Cartas giographiquas an coulaur Colourad ink (i.a. othar than blua or black)/ Encra da coulaur (i.a. autra qua blaua ou noira) |~~| Colourad platas and/or illustrations/ Planchas at/ou illustrations an coulaur Bound with othar matarial/ RailA avac d'autras documants Tight binding may causa shadows or distortion along intarior margin/ La raliura sarrAa paut causar da I'ombra ou da la distortion la long da la marga IntAriaura Blank laavas addad during rastoration may appaar within tha taxt. Whanavar possibia, thasa hava baan omittad from filming/ II sa paut qua cartainas pagas blanchas ajoutias lors d'una rastauration apparaissant dans la taxta. mais. lorsqua cala Atait possibia, cas pagas n'ont pas Ati filmias. Additional commants:/ Commantairas supplAmantairas: L'Institut a microfilm* la maillaur axamplaira qu'il iui a it* poaaibia c b aa procurar. Laa ditaiis da cat axamplaira qui sont paut-Atra uniquas du point da vua bibliographiqua, qui pauvant modifiar una imaga raproduita, Ow* qui pauvant axigar una modification dans la m*thoda normala da f ilmaga aont indiqute ci-dassous. T t( D D D □ n n Colourad pagas/ Pagas da coulaur Pagas damagad/ Pagas andommag*as Pagas rastorad and/or laminatad/ Pagas raataurias at/ou paiiicuiias Pagas discolourad, stainad or foxad/ Pagas d4color*as. tachatias ou piquias Pagas datachad/ Pagas d*t«ch*as Showthrough/ Transparanca Quality of print varias/ Qualit* inigaia da I'imprassion Includas supplamantary matarial/ Comprand du material suppiimantaira Only adition availabia/ Saula Edition diaponibia Pagas wholly or partially obscurad by arrata slips, tissues, ate, have been refilmed to ensure the best possible image/ Les pagas totalement ou partiellement obscurcies par un feuillet d'errata. una pelure, etc., ont AtA filmAes A nouveau da fapon * .btenir la meilleure image possible. This item is filmed at the reduction ratio checked ImIow/ Ce document est filmi au taux de reduction indiquA ci-dessous. T P o fi C b tl si o fi si o Tl si Tl v« M di ei bi ri r« tr 10X 14X 18X 22X 26X »x y 12X 16X 20X HX 28X 32X •ila du MJifiar una nage Tha copy filmad hara haa baan raproducad thanka to tha ganarosity of: Library Division Provincial Archives of British Columbia Tha imagas appaaring hara ara tha baat quality posaibia conaidaring tha condition and iagibility of tha original copy and in kaaping with tha filming contract apacificationa. L'axamplaira film* fut raproduit grica k la gAnAroaitA da: Library Division Provincial Archives of British Columbia Laa imagaa auivantaa ont At* raproduitai avac la plua grand aoin, compta tanu da la condition at da la nattat* da l'axamplaira film*, at an conformity avac las conditions du contrat da filmaga. Original copias in printad papar covars ara filmad baginning with tha front covar and anding on tha last paga with a printad or illustratad impras- sion. or tha back covar whan appropriata. All othar original copias ara filmad baginning on tha first paga with a printad or illustratad impras- sion, and anding on tha last paga with a printad or illustratad imprassion. Las axamplairas originaux dont la cr jvartura an papiar ast imprimia sont filmAs an commandant par la pramiar plat at an tarminant soit par la darnlAra paga qui comporta una amprainta d'imprassion ou d'illustration. soit par la sacond plat, salon la cas. Tous las autras axamplairas originaux sont filmAs Bn commandant par la pramiAra paga qui comporta una amprainta d'imprassion ou d'illustration at an tarmirfant par la darniAra paga qui comporta una talla amprainta. Tha last racordad frama on each microfiche shall contain tha symbol ^^> In.eaning "CON- TINUED "). or tha symbol V (rr.aaning "END "), whichever applies. Un des symboles suivants apparaitra sur la derniAre Image de cheque microfiche, selon le cas: le symbols — »> signifie "A SUIVRE ", le symbols V signifie "FIN". Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too lirge to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent Atre filmAs A des taux da reduction diffArants. Lorsque le document est trop grand pour Atre reproduit en un seul ciichA, il est filmA 6 partir de Tangle supArieur gauche, de gauche A droite, et de haut en bas, en prenant le nombre d'images nAcessaire. Las diagrammes suivants illustrent la mAthode. irrata to palure, n A □ 32X 1 2 3 1 2 3 4 5 6 NORTH AMERICA. No. G (1873). (D.) N011T1I-\VEST AMERICAN WATER BOUNDARY. EEPLY OF TUE UNITED STATES TO TIIK ASE OF THE GOVERNMENT OF JIER BRITANNIC MAJESTY. 1'uksi;);tki) to HIS MAJESTY THE EMPEROR OF GERMANY, AS ARBITRATOR, UNDER TUE rilOVISIONS OE THE TREATY OE WASHINGTON, JUNE 12, 1872. i'ot Maps uud Charts vercrn.'d to iu this Taper, sec North America No. 8.J LONDON : rniKTED BY UMilllSON AND SONS. Rn Rfply i THK (Canal < rliitrator. lie Ca If. tlipy ly to wii e of its |fv r{'n;ar Incipally loin? the lilt.' intci Inrninpn The ai I clear \v( im into I Minn SI liliere wi |ou!;li wii 'r-eat\- tndarv. Iver's'lsj I iK'itli The 111 Hl]l of i; ^ioii and I llehrid N'lS ; Bt I'aeili Were i L'aiuli kcan Art pantoriii IContiiK The r |preteii> Jfle state [led for ,1 The Bi 1 the pr he wiiol safe " ,as the Ration < i>ort th( \m REPLY. ! Roiilv i< |irinlo(l in n ilifTi-i'iiil form from tho mpy Iftid before tin- Arliilnitnr; ii lin« thoreforc been n"i-v III <'lian)((' llii' iitiifinei/ Mtirniiiul Jffffrfiirf.i, \ i I THK I'nitod States on the 12th of necemhcr hist prcsontotl llicir iiu'uiorinl on U'aiial (Ic llaro as the hoiintlnrv lini' oftlio United States of America to tlie Imperiiil prator. and to the Hepreseiitativo of l[er llritannic ISfajesty's fTovernment at Herlin. ilio Case of tho (Jovernnien* of Her IJritannie Mnjesty. likewise sulitnitted at tliat ji. tiipy now ofl'er tlieir reply. A formal answer to every statement in the Ikitish K to which they take exception, woulu require a wearisome analysis of almost every pf its i)aj!;es. They liold it sutlicient. to point out a few of the allv'y;ation'i which Ifv regard as erroneous; trt throw liji;ht upon the arjiuinent on which the British Jiiiriliaily rest their Case; to establish tho consistency of tho American (iovernmcnt hy Liiij the controversy through all its changes to its pre out form ; and. lastly, to apply Ilk' interpretation of the Treaty some of the principles which Her liritannic Mnjosty's ivirnincnl itself has invoked. I. The arf>unicnt of Her Itritannic Majesty's Government lias kept in the background (liar words of the Treat" describinf;' the boundary, and has made no attenii)t to brinj; into harmony with the Uritish claim. On the contrary, in the statement of the i.ndii 0. i>. i. Minn submitted for arbitration, it assumes that the Treaty of 1871 speaks "as ihiTc were more than one channel between the Continent and Vancouver Island |(iu;!i which the boundary may be run." 'I'he United States are of the opinion that T-ealv of 1840 desij^nates the Haro Channel precisely as the oidy channel of the iiiilary. The words are: -"The channel that separates the Ctmtinent from Van- lui's Island ;'" and there is but one such chamel. The so-called Straits of IJosjirio I neither the Continent nor Vancouver Island. The name of the Continent ot South America, as used by neo<;rapliers, includes the Mp i>l islands south of the Strait^ of Maions before an impartial tribunal, all the while believing and avowing that the |ile statement which has just been made is absolutely conclusive on the point sub- N tor arbitration. The British Case seeks to draw an inference unfavourable to the American demand Unii-h ci^f.p. i.v 1 the proviso in the Treaty of 1840 which secures to either party the free navigation k' whole of Fuca"8 Straits. It is quite true that the ri.-jht was safe, and was known J*,"';;;,'.'","^""."^/™'' « safe " under the public law;" yet it appears from documents printed at the time, Ai.i> i?- igation of a part of the northern Pacific Ocean was recollected, it was thought best isort the superfluous clause, recognizing the Straits of Fuca as an arm of the sea. [108j B 2 f 2 llriliiih ('••f, PI'. 5. 16. Appenilii Nci.ri'.',|>, ^C. y»\< K. Map ( . Acliiiirnlly nmp of Vmi* I'ltuvrr iHlfinil iiiiil tin' (fiiir f>f Gi'orKiu, from the Kurteyn (it Cnptuin Cf, Viinrimvrr. H.N., I72. ('n]>luiii II. KrI. I(lt, K.N.. 1 (17. I'uh- li«h,(l Ki'ljruary :'H. lrl4'J. British Crt, p. Ti. Mnp K. Menrc** Vnyanc, vol. Ivi, p. 2Vt ; Vnnrou- ver'a Voyagw, vol. i, p. L'O. Uuimpcr, MS. .liiiirMHl. Docuiitciito ('xi!(t(>nt(» en (*1 nrcliivo f Indian en Scvilln. Ap|>ciidi\ No.B2, p.3fi. ApprndixNo. C3, p.38. Till" TlritiHli Aipunu'nl scoiiih suKimI (o inislfiul l>y its miuiiipr of ii.i!i(r Hi,. nmfM "Straits of liosiiiii)." Tlio lirst cliaiiiu-l fnnii tin- Slrnits of Fiicii fo tin- imrfli, Hmt «,iJ discovon-d and partly oxamiiicd in 1"!"), wii- llic t'liiml dc llaro. 'I'lit' fxinilitidn ihk], J liic'utenant ICIi/a explored tliaf eliaiinel in .Imie ^7!tl.«illi the ;;reattst iiiilii>lrv anJT care, and diHcovered tlie broad uater uliieli is its eontii.imtioii to tlie iiortli. TImt \vat,rj Ijinfi altoo-ellier to the nortli of the iiorthi'rr tcrniiiiiitioii of llaro ('iiaiinil. wns iKim, by tlie expedition, Kl Clran Canal dc Nueslra Scfior.i del Ko-aria la Marincra. Tlmsi), Canal de Ham and the true Spanish ehaiinel of Kosario fonii at f.iiee the oldest lijstdriu continuous channel, as it is the one eoiitiniuius boinulaiy ehani'e! of the Triaty uf M<;| The jiassa^'c wliieli the J{l•iti^ll authorities now call the St'ails of ifosario, a]i|»('nN early as 17!(1 on the map of Kliza as i\\c clianiiel of Kidal^jo, Van<'ouvi'r, c(iini!i<; aiiii Eliza, transferred the name olTTo.sario to the strait east of t'le i>laiid id' Texiiila. T liritisli Admiialty, soon after receiviin;' the surveys made under its orders in |s|; Captain Kellett, suddenly removed the iiiinie of (lie Straits of itosario from (lie nntrri water between the continent and the Uland of 'I'exada. wliere it had remniiicd mi llriii, ma])s for lifly years, to t!ie passai;e which the Spaniards culled the Clianiiel of |'i,||||_; And yet the (lovernmeiit of Her lliitamiic Maje-ty advances the as>.erlioii. tlia! ••! , the name has come to In- " so "applii'd in iiKnlcrn days, dois not appear." I'nr li. act of the JJritisli Admiralty in J'Vbruary, ls)!i. there exists no lii-torical ju>tilicn;: whatever. The United States have obtained iVom tlie llydro^iraphical I'liiriaii in M;i,lri<; certified copy of two reports, made in IT'.'l. ol' the explorations of de llliza, iiml atai simile of a iiia]) which accom]miiied them. On this nuthentic ma]), of whicli a litln] grajjhic copy is laid before the Imperial Arbitrator, the jiosition of the ('anal dc liar. the Spanish Canal de IJosario. and of the Clianiiel of Fidal^o may be seen at a !:liiiia, i they were determined by the expedition of Kii/a in tlie year 17!*!. The British Case c.\a/!;gerntes the importance of the voyajie of Caplain \ aiicum,! So far were American fur traders from followinjj his fjuidance, they were his foriTUiiiHi and teachers. Their early voya<;es are amon<^ the most marvellous events in tiu' IiLm of commerce. So soon as the indepemlence of the Cnited States was aci^llow!^■(ll;l^ Great Britain, the strict enforcement of the old. unrepealed navi(;ati(in U\\\s eiil iIicmki from their former haunts of coimnerce. and it became a question from wlmt |i American ships could brini; home coffee, and su^■ar. and spices, and tea. Ail I!ni;[ Colonies were barred against them as miich as were those of Spain. So American .-iii .sailed into eastern oceans, where trade with the natives was free. Tiie urea t .\ Mail oommcrco poured wealth into the lap of the new republic, and Americans, oliscrviii:' li fondness of the Chinese for furs, sailed fearlessly frmn the Chinese seas or rouml t'A Horn to the north-\iest coast of America in tpiest of jieltry to exchan>;e for the (■• iu'kn()>vlcili;e.i i .inn iatt> cut tln'in. tion fnini wlmt and tea. Ail Hrii.' I, So Anu'rii'iin >ii;| i'. Till' irroiit \-'d loricnns, olisurvin:'!'! c seas or rouiiil I'aJ xchnn;;i' for tin- r rt^-^^•l•sl Anioricii ! isli and IVoni Spaiiil ^land. and commaniil at 11h« tinu' wiu'ii I ■ouvcr, and evi-n iioloT to ono passai^f in 1'' loiir. wlion' tluTo wasl idc'd down t'roiii nnv juver was prompteil tlio l)eliof. derivoill: 10 American contine rivers leading into in tlie liope tliat »a In eontbrniitytntlij c Straits of Fuoa, ;carcliod the coast tot 1 throiigli the Channel] cd him to keei) inar at the so-callcil R'>^ »u{rh it, is a fallacy, nrio, which he apparei ^ Channel of Haro. jtates the character It he prepared ilirecti iiir.inrinors for nnvijjaJion. Hut the chart which is produced is only one map nmonjj ;iiiinv, never i)uldishpd apart from ii work, too V(dnmiiioiis. oxprn-'ivi', and rare to find a pliiii- (in hoard tlie small vessels cd' fnr-fraders. The line on his map is noliiin;; more nor io>^ tlian the track of his own course wliiie en;;a<;ed in explorations under cnntrollinj; i^strui'tions. and is a track whieli no ship has followed or is likely to lulldw. The Uritish arfjnment fre()uently refers to the souiidin;;s takiii hy Vam-ouver in the Urimii (••■. pp. 8, k. Fiilnl;lo-J{ow»rio clianiud ; only two such soundings appear on his nnij), while there are '' ' ;,vc or six on an arm of the t'aiuil dt- liaro, and one on its ed;;e shnwin;; that ils waters »( re found to he nnire than 'JHO feet deep. The chart of thcsi' waters for mariners Mhj. i, iiulilishcil hy the Spaniards in 1 "!».">, exhihils many sonudin;::^ to facilitate the use of the I'liiial de ilaro. If this excellent chart contiins no sonndin;;s in the f,'reat centre of the iliaiiiic'l of lliiro. it is for a reason to which N'anconver repeatedly refers, that the usual ..■iiiiiliM.U-lines of those days were not lonjr enoufjh to touch liottoin in the deep waters \|.|.<'rMinN...r,4, p. jh. riiiTt" «alN of ij;neons rock }ro perpendicularly down liundreds n\' feel, close even to the .liiiri'. '• i'-ven nearest tiie island^." writes de l*^li/a^ "we could uol (iiid holtoin with a jiieoflorty fathoms. " '• i*ro.\inii> a las Islas, no se encueiitra fondo con (pniri-nta hrazas." 'fiu' Ihiii-h Case assinns in like manner an nmiiin proininenc • to the trade in the iiniMi. ci.,.. pp r,, ii, V;:iniiuver waters prior to the Treaty of l.^^Ki. ,\s to ;>ineral enuimerce. there was none. .\. So M'lllemenls, iirojierly so ciilled, there could he none; for under the I5rili>li Treaty fiiii Spiiin. and the 'I'reaty of non-occupation hetweeii the I'liiled Stjiles and (Jreiit I'lritaiii. impliedly at least, there could \h'. no grants or holdiiiiis (d' territory hy indiviiiuals ,r ({iiiiiinnii's of either jiarty. The American voyages on the northwest coast were iiiiiri'ly linduMi n]> hy the maritime orders and a<'ls ol' Kni-land whieli precedeil the war of 1^1'J; and llu- American fur triide never recovc-red from the ellects ol' that war. 'I'lie irailc liecanie a mono]ioljr of the Hudson's Hay Comi)any, and that Company hoasted Appmin n ..(,;, p 39. iifu'ially that " they comi)elh'd the Americans one hy one to withdraw I'roni the conti-sts. Till' I'liited States ncknowledired that the hoast was true. At rare intervals of years, Anu'ricans nmy liave entered Kuca's Straits, hut a careful search fails to discover proof that even one sinj;le T'nited States' vessel sailed into those waters hetwcen the year ISIO nil the arrival of the American lO.xplorinj; Jj.xpedition undir Vilkes in ls41. A monop(dy ttlie trade was maintained hy the Hudson's I'.ay Company, not au^ain^t Americans only, ;t against all ships hut their own. What then hecomes of the British arj^ument, that railing vessels of other nathms were in all that time not known to pass throuj;li the Canal li Haro ? /') The Hudson's T?ay Company wa.s once a Company of commercial importance, us ell as of jmlitical inlluence. ]?nt tTie liuntin";- ground over which it ranijed was lorniou.sly wide, stretching from Ijahnidor to California and to the Hussian settlements nnrth-western America. They could sjiare vi-ry little of their limited resonrces for iK' waters round San Juan Island. Their leading settlement in the west, until IK-ly, as nt Fort Vancouver on Colomhia IJiver. Of shipping in their employ, nothing is nard for many years, except of one small .'^teamer, the lieaver, and of one .small boner, the I'adhoro. AVilkcs in IS II met only the IJeaver. These vessels were ApjunditN,. .'..■i,p.2,i customed twice a--ear to make the trip from Fort \'ancouver to the various jiosts, to i!*"?!'.''' s.f'f.t,'^''';;!!' stribute .supplies and to collect furs. If in tliese trips they cho«e to pass through the iiriti»h Cv, pp. 33" iilalfro-Hosario channel, rather than tlie Canal de liaro, the Rritisli Case has omitted '''' state the rea.son ofthc choice. In the semi-annual trip from Kort Vancouver to the adin!,' posts, the first one that was visited was Nisqually. at the head of Puget Sound. vessel sailing from that part of the I'nited States to Kiaser's IJivcr would naturally -s through the Fidalgo-Ro.'-ario channel. To have taken any other would have heen Map n, 'cuitous. A geographical sketch is annexed, from which the reason will ap|)ear, why It vessels on these trips passed through the so-called ]{osario Straits; not heeause it [i^thc great channel from the Straits of Juan de Fiiea to the north, hut heeause it was ic shortest passage hetween Nisqually in Puget Sound and Fort Jiangley on Fraser's ver. The return voyage, when there was no need of touching at Nistjually, was metimcs made hy the Channel of Haro. "There were no vessels engaged in those waters,'' writes Ilear-.\dmiral Wilkes of AppemiiiNu.ss.p.aj. visit to them in 1841, " except the small and very ineflicient steamer, called the IJcaver, immanded hy Captain McNeill who spoke of it (the Strait of Haro) to mc as the hest >^sage, although he was obliged to pass through the Hosario i)as.sage. Again, in narrating the survey of the Haro Chaimel hy the Uidted States' exploring British c»<«, p. 9. pwlition in 1841, the British Case shapes the narrative so as to give the impression t the American expedition regarded the so-called Straits of liosario as superior to the ro, while the opposite is the truth. Commodore Wilkes, who commanded the pedition, detached a subordinate officer in the Vincennes to survey the channels among r Hritiih Caw, \<. \'. Ap|nii(lii Nil. ii.'i,|i..';H. Hriti»li (ii-c Miiii No. .V .\l>|)«'nH» No. 7".|i. II Sriialf Miiri'llnnrnua the islnnds (if the nrcliipcliiK" ; Ii»' n-^iTViMl for liimselt' the more important Imt In,, i (lifliciilt iiMicf (if siirvcjinif the fliimiu'l of Ham. On the -Mith im^c ol the Hiitisli Ciim' it is ns-crlcil that the hiti- Mr. Daniel \Vcli,|,r Mtntcil in the Scnntc of the riiitcd States, that tlir ;;reat aim of the I'nitcd States i„ ISK'i WHS (o otalilish the 40lh iiaraMd of the north hitilmlc as the line of iMiiinilarv i,n the western side of the Uoekv Mountains. " not to lie departeil from for any lint- t'lirtliitl south on the Continent." The inferenee drawn from this is, that Mr. Webster deinamled Ihr line nl' i||,.| pnrallel of liT for "the continent" only, and was indillerent as to ••the i-lanil<," Mr. Weli>ter was not at that time a nn'nilitr of the (lovcrnmenl of the Inilcd >(tati'. hut the leader of the |iolitieal minority in the Senate, which o|i]ioscd liic Mdiiiiiii>iiatiiin| of that day. The l.'nileil Slates, therefore, may. without (juestionin^- the ;;reat iiiiilioriivl of his name, deny (hat he is t(» lie received as nn interpreter of the views of tin- Caliinctl «liich ncL;otiati'd the Treaty of IS|(!. It nuiy. however, siirpri^^e llw Imperial .\iliiirato to learn that .Mr. Wehster not only did not entertain the opinions atlriliuled to liim. Liit| expressed himself in a sense exactly the reverse. Sonu- memheis of the Senate insisted on the ]iiirailel of "il !'•' us the .Nmcricanl honmlary ; .Mr. Wtdisler declared himself eontenl with the parallel of t'.i . Itm ]{J words were alisulnte. The British Case puts words into his mouth \vliieli lie ii,v uttered. What Mr. Weh-ler said was, (hut the of line l!t «as •• not to he di|iavtii| I'-mij for any line further south." The w(inls"(in the Conliuent " are an interpniiuion hy (he I'.ritisli Cise. |u the sunie dehate and on (he same day .Mr. Welisler. ti ^imrl a<;;ainst mi'-representation, observed widi ^^rcat soleiimity : "The Senate will do me theju-tiee to ;illow. (hii( I said as jilainly as I eoii'il ^|ii',ikJ or put down wurds in writini;'. that h-uiiland must not e.\[iect anythinn- south of lurty-nii de;;rees." The ndvernment of Her I'ritannic Majesty includes in (he charts annexnl i,i J Case a map of (Irciron and Cpper "alifornia drawn hy one I'reuss, and yet in its pijuiil Case there is not .''le sinu'le word eN]ilaininu' why the nnip has heen pioduced. Tlu' I'liiii Stales know oidy t!iat on a former occasion Captain, now .\(lmiral I'revosi. tlie lii i-l Boundary Commissitmer, wrote of it, in his ollicial character, to the American iiduinliril Commissioner : " 1 hej; you to understaud that I do not hrinu,' this mn]! forwnrd a^niiii authority for Mie line of lioundary." l'"orty years ai;o the monntaiu ranges ami upland plains from which the water liw to the (lulf of Calif.irnia, or is lost in iidand seas, still remained as little known a^ lli head springs of the Coiii^o and of the Nile. Fremont had thrice peni'trated tho-e riL^imiJ once or more with I'reuss in hi.s .service as dranshtsman. On the return of I'renieal t'ruiJ his third expedition, the Senate of the United States, alllioiif;h he was not llienint!i| public service. ins(ead of leavinij him to seek a publisher, on (he ."ith and l.'illi of .liiiioi 18tH, at the instance of Mr. Henton, voted to jjrint his i;eo;i:raiihieal menioiv dm L|i|kJ California, and the map of Oref,'nn and California, " aecordini;- to the projection t" furnished hy (he said J. C. Fremont."' In rejircsentativo jijovernments, each branch of the lepislature may order priniii what it will ; but the order jfivcs no sanction to what is printed. Last wiatiT. example, the (Jerman Diet printed at the public cost, that the (Jerman constitution i< mJ worth the piqier it is written on. Neither Fremont or i'reuss had ever heen witliiii iiiaifl hundred miles of the Straits of Fuca, and Fremont him.self says : "The])art eliluMiiiii iwuiniiit., No. MH; wliifh exhiiiits Orc'^on is chielly copied fr(mi the works of others. The Senate ncvoisn .Ulth Congreti, Ut . , ,, ' , » i- , , ri,, i • . i i i .Scion. ttie map as delivered to the lithoi,M-ai)her. I he work was printed, not under the ri'vi«!oi of orticers of the Senate, but solely " subject to the revision of its author." IvNccptl the regions which lie had him.self exploicd, Fremont abandoned the drawin.n' of tin' nisi A|)|>fmii«No.,'>i,|i.ji. to Preuss, who fonowed "other authorities." While Mr. Preuss was eompilin;;' W'< mi Mr. Haneroft, the representative of his country in London, with full authority liomi President and Secretary of State of the I'nited States, delivered to the British (iovori mcnt in the eleaicsi, words the declaration of his own Government that the boundary iial passes throusli the niiildle of the Haro Channel. Any error of Mr. Preuss was tln.'ri'i"f perfectly harmless. .\nd. under any circumstances, what authority could attach to a draught by ^Ir. Pri'u>i He was one of the many adventurers who throng to the United States, a nicdianir possessing no scientific culture, and holding liis talent as a draughtman at the conimaM of any who would employ him. J The United States are unable to inform the Imperial Arbitrator what autlinnl , uiitli'i our coiiNtiiuliiiii, iiiiil wliicli in tlio (uiiily-livc yriirH since I ill, Trmtv "lis made, lias iiitlcxililv inainlaiiicil llie riniit of llic I'nilcii Stales (o the I Hard lio'i'iiiin. Not Mr. Ilucliaiian, ll"' Sccnlaiy of Statr, wIikm- iii>liii' liims on flic Ijjni as Hie lioniiilai'}, ' ani*ti<>iii'>l li,y tlu' ri'('>i(l(Mit and lii.-* ('al)int't. ilali' Irmii tlir yi'ar in ihiiii lliL' Trealy «as made. Ni'illur tmild Pniins have fo|iUMl lln- lino Ironi printeil Iwtiriai'. No siu'li printed luateriiils e\i-.t'.'d ill tlie time. A «isli expressed \ty the Itriii^li .Minister at \Vasliin;;liin slniidiered in tiie l)e|)artnient ol' Stite, aii tliat Mr. I'rens> liad anion;: Ids niateiiais a eupy of a niantbcript iwa|i ol tlie |j(irtli-«»'«t territoiv liv tlie Unison's Uay Conijianv, received iVoiii one ol' il> ollicers. llo li^if, il may, it is eniiiiM|| |'or llie I'niled Slate-, to lia\e shown tlial llic n<.ip never had lllii.' riiiit'liioi of any liramli ol' liieir ;;overnmeiit. .\M.ii;litier authority. IPiiiilin:; the tli>en,sHii)n l)et»vceii the t»T(i counti ie>, Me-.rir.->. " Malhy Mi Co., ol' l^ondon, liiimitiulureis and pulili->hers to the Society for the Dilfn^innof L'^eful Knowledye." sent lull a lar;;c ami sitlenilid ylolu', on which they as>i:;iieil to the I'nited Sluti'.s hy line and I(o| .ir,' the whole norlh-we-.tern territory U|i to the latitmle of .". t l(t'. Ti) tieat mistake-^ like these as impoitant i> nnsniled to ne;;oiialions lietwei-n ^reiit iPiiwiTs. The I'nited Slate^ do not c (loverinnent ; for tlu- iiroduclioii of it is a conle^iion of the feehleness of the ii»li ('ii>e, They mi;;hl comi)laiii, thai Her r>iilaiinic Majesty'-^ (lowrnnu'nl did nol liUlc wliiit il hoped to prove hy tlu' map. 'i'liey nii;;ht eompla.ii, that it proilueed the ji|i wilhoiit an acKnowled;;nKnl of its well known worthles-nevs as an e.\pnsition of l.lnii'iican opinion. .\nd aho\e all tlu'y mi^'hl complain oi' t'lc Mritish (iovi'rmnent Pur Mthniittini;' the maj) to tlu' Imperial Arhiiralor withoii' avowini;- that i'..s own Lliivo coiilain a contemporancons. explicit, and auf' >■ ilati" e deilaralion from tlu- Anii'iicun CJovernment. that the Strail.s of llaro are tin ' mndary ("han.iel of the 'I'reuty kt'1^4(i. II. lliivinn- thus drawn attention to tlu ii liiilamiic Majoly lia> jircsi'iiteil fcii'UiiNiiMis are iie.xt to he examined. Irc^int^ hut one ar;;nment. and that ar character of tin paper wliich the (lovernment of as its Case, iis alli';;ations in support of its ne government of Her Mrilannic .Majest fument has t\\o hranches. The (Jovernment of Her Mrilannic .Majesty The liriii,-li (Jov^'rn- iil ailiiiilN, and even in>i>ts that the Channel of the Treaty must he a contimious .'liiiiiiK'l from the tilth parallel to the Straits of Fuca ; mid it ar^ue>. Iir>t, that the trait which il now calls lio.-ario, hut which at the time of niakiii;^ the Treaty of 18 K5, 11! '•no (li>tini;uishiii;;- name,"' must lane heen the Chaiiiiel eonlemplated hy the rmty, hecauNC the liritish, at that tiiiu', ••' had no assurance '' that ihe Canal de llaro «ib even iiavi;;ahle ; '' '• had a firm helief thai it was a (Iaii;;erous Strait ; and, secondly, at Tuni Straits extend from Cajie Flattery to Whidhey Island. In discussing- these two !jiiit> their order will he reversed. Fir.'-t, then, do the Straits of Fucii, ns now pretended hy (ireat Ikitain, ri'acli to illiey i>laiid ? The answer deiiemis in a jiart on the delinition of the word •• Strait.'' itiMajcsly's Ciovernmenl for;;-et, that the word applies only to a narrow '• passant- coii- iTltn;; one part of the sea witli another." Such is is the lesson taui;ht hy all ;;t'o;;rapliers, iktliir Ihitish, or ImviicIi, or American, or German. As soon us the south-east Cape of aiiaiiivcr l-land is passed, the volume of water spreads into a broad expanse, Idled with imniTiPiis i-land.s, and heeomes a gulf or hay, hut is no longer a strait. Neither can it he |>reteuJed that any e.xct'plion takes place in thegeogrctthical usage the name '• Straits of Fuca, as employed in all the scientific explorations and maps, vvious til June 18 Hi. On the contrary, the pretension is hazarded in the face of iwii all. The first map of the strait is hy the pilot Lopez de llaro ; on that the mouth of the m„|, j. calkd Strait of Uosario is named ]5oca de Fidalgo, and the water to the south it bears the name of the Gulf of Santa Kosa. The map of Eliza, in 1791, onfines the name of the Straits of .luaii do Fuca to the M„p k. ■ait^ that separate Vancouver Island, on the .south, fvom the continent; and that ofliccr liis report repeats the name of the (iulf of Saula ilo.sa, as the name of the interior iters. file exj)lorer« in the Sutil and Mexicana, alike in the Spanish ciiart of 119,'), and in Map L. "■ iiiap annexed to tlie publication of their voyage in lii02, called the Straits ntrada," a Spanish word that can extend to no more than an entrance. t M*|iC. Next came Vancouver, nnd the great authority of the British overthrows the Britis. argument beyond room for cavil ; for he not only, like all his predecessors, confint-s tlu name of Straits of Juan dc Fuca to the passage between Vancouver Island on tiie soutl and the continent, but, alike in his narrative and on his map, expressly distinguishes tlios< Map E. Map F. Appendii No. 66, p .39. ,illl of 'lianiif lay C'oi Hitlu straits fu-m "the mtcrior sea,'' which he, with great solemnity, named the Oult' nj"',,'"- Georgia. fn ''l:'" The map of Duflot dc Mofras, of IS'li.and that of Wilkes, in 1845, confine the nam*'"' ." of the Straits of Fuca strictly to the waters that really form a strait between the contiiieii'J'' "V" and the southern line of Vancouver Island. ■irai^lit The Government of Her Britannic Majesty cannot produce one single map oldij'.'*'^^ " than 1846 in defence of its views. P'" "1"*' The common use of language among the British in Vancouver still corresponds witlM "*i"" the undivided testimony of the maps. Pcmberton, Surveyor-General of VancouvcM . .".' Appendix No. 66, p. 39. Island, in a work pul)lishcd in 18G0, writes thus of a "stranger steaming for tlic tirs "''''^'" time eastward into the Straits of Juan de Fuca :" " On his right hand is Washingtoi """"' ^ Territory, on his left is Vancouver Island; straight before him is the Gulf of Georgia." '*'' "'" The statement of Commander Maync is, if possible, still more precise. Of the 8trai " '"' of Juan de Fuca, he writes in these words : — " At the Eace Islands, the strait ma "^'""'' \ be said to terminate, as it there opens out into a large expanse of waters." Nov "SK^'*''* the Race Islands, or Race Rocks, alike on the British and American maps, lie t( '*■' "'Y'o the south-west of the Channel of Haro. On the point in question there could be no bette '''™' authority than Commander Mayne, as he is a man of science, and was employed on th "' surveys during the period in which Captain, now Admiral, Prevost and Captain Uicliaid !™'"'''"c< acted as the British Boundary Commissioners. '"''-' ; ^ But to refute the British assumption, we need not go outside of the British Cas "?'^'''"n itself. On page 27 it claims the chart of Vancouver as the chart according to which Ho """""n Majesty's Government framed the 1st Article of the Treaty, and then most corrcctl ^'■'V^y^'! says : — " The name of the Gulf of Georgia is assigned on that chart to the whole oftliM""^'/'^!' interior sea." f •"""', Thus this branch of the argument offered by the British Government is in iiaP ''"^''" contradiction to the proper use of language, to nature, to the concurrent tcstimoni of every competent witness, and is given up before the end of the very paper in which is presented. We now come to the other branch of the British argument : that prior to 184(5 tin 53, ."n, was no assurance that the Canal de Haro was even navigable. That channel is no universally acknowledged to be the best and most convenient for the British. It forms th only line of communication regularly used by them. The mail-steamers take only tlia route. It is the broadest, it is the deepest, it is the shortest p^abage ; and so it is th only one used by the Government, the traders, the immigrants, and inhabitants British Columbia. It became the exelu.'''. o channel as soon as gold-hunting lure Ilritish Cue, p. 1 2. \ppfndL Nos >'j, 57, 5H, 61, adventurers to that region, and the navigation of those waters was no longer confined! "''^ tap M. the vessels coasting from one to another of the trading posts of the Hudson's Ba Company. Its superiority appears alike from the chart of the British Admiralty and( the American Coast Survey. A map is annexed exhibiting in several cross sections th relative deptiis of its channel The plea of ignorance on the part of the British up to 1846 is irrevelant. Th ''' least >\ Mil IJri the I'o^ De irveyed, Ic iiniy Tl'ie rte aiK y. 17; the tiiaj ! Haro ocd tVd But J the in niniandl iza, Treaty does not designate the channel which was or was not most in use, but the elianni which separates the Continent from Vancouver, In negotiating the Treaty neither side had in view the tracks of the few former t'l ''^^ J^p; traders whoso course was run ; but the great channels provided by nature for i'utu:Bfl«"'ed commerce. American statesmen oftitially foretold at the time to the British ncgotiatoi that, under .Vmeriean auspices, flourishing cammotiwcalths, such as we now see California and Oregon, would rise up on the Pacific. The plea of Lord Aberdeen' s ignorance of the Haro waters rests not on nny thi real and tangible which can be investigated, but on something purely ideal; 011 unspoken, unwritten opinion attributed to him. It was not set up till after the death Sir Robert Peel, who professed to understand " the local conformation of that country] and explained it to the House of Commons; nor till after Lord Aberdeen in 185(5 hi finally retired into private life. It is not pretended by any one that the opinion was wci founded ; and as it is erroneous in itself, and never obtained the sanction eithir Sir Robert Peel or of Lord Aberdeen, it must be classed among the dreams that coi from tlie realm of shades through the ivory gate. Moreover, the attention of Lord Aberdeen, two days before he sent out the Trci to Mr. Pakenham, was specially called to the islands of the Haro Archipelago. On tl veil The I i Qui: IK'OUVd put trj mill, iol addilij uectiu |)nrtau| eareJ '; oil -ly'. Il'laiii^ Vaiu'ol as I Gvthrows the Britisl cessors, confinus tin Island on tlie soull f distinguislics tlioa named the Gulf n 45, conlinc the nam itwecn the contincn nc single map oldi itill corresponds wit ncrnl of Vancouvc ;ean)ing for the tirs hand is Wasliingti: : Gulf of Georgia. " rccise. Of the Strai ands, the strait iikv so of waters." ^'ov lerican maps, lie t ;re could be no bette was employed on thi ,'illi of May, 1840, he dclinitcly assented, us Air, j\[acLanc understood him, to the Haro lianncl as the houndary. On tlie' Hitli, Sir .lolm Pelly, then Governor of the Hudson's iay Company, the .mmu who boasted that that ("oinpany had •■eonijielled " the Americans Ajip.naiiNo.c/.ii.sa. withd'aw I'roni the fur trade, waited upon Lord Alurdi-en with map in hand, ])ointcd 111 to liiiii the jiioup of islands, wholly on the ^onth of the parallel of Jl)', and described ili>liiict and nnequi.ocal lan_;;uai;e, as well -as coloured retl," '' the water denuircatiou mo" «liiih would secure everyone of the llaro Islands. Lord Aberdeen, alter having is iniiul thus closely and exactly drawn to the ))o.>ilion of those islamls, like "the iraii;litforward nmu ' of honour tho United States toolv him for, rejected the " explicit" ihiitM^liich would, indeed, have prevented the con-.unnnation of the Treaty; and, in i, instructions and in his draught of the 'I'reaty, stipulated only for the Chaimel, leaving- the "hole of N'anconver's Island in the possesion of (Jreat l>rilain.'' Further, this plea of i^iKU'ance in IStli that the Channel of llaro was navigable is I itself alj.-urd. I or what is a channel ^ canal? '* l'ahrwa>>er r ' '• See,i;at '.' " A channel Haii> the di.'i'[)c>t part of a river or bay, where tin' main current Hows. The word is Hur u.>od except of water that is na\i^able. Geoiiiapliies are full of the names II ilianuels, and the nuips of h^urope and Asia are sludiled with them, and who ever icfiiie thought of denying any one of iheni to be navi^■al)le ? 'i'lie present British un;'ostion is without precedent. To say that the Canal de llaro was not known to le navigable is to say that the Canal de llaro was not known to be the " Canal de laro," It is very unlucky for the Government of Her Britannic Majesty that its plea of relates to the waters inside of Fuca Straits. The emoluments of the fur and Captain Richard !"'~' •■ ., . , . ,, • i . i .i p •« f ♦! "^ -,ule; the Spanisli jealousy ot Kussnin eucroaclnnents down the laeinc coast; tlio nioring hope of discovering a north-west passage ; the British desire of finding water ommuiiicatiim from the I'acitic to the great lakes; the French passion for knowbdge ; n'liulicy of Americans to investigate their outlying ])ossessions ; all conspired to cause loiu fa'(|uent and more thorough examinations of these waters, even before 1840, than of i;\ similarly situated waters in any part of the globe. lid'ore that ejjoch, the water east and south of Vancouver Island had been visited by cast .-lix scientific expeditions, from four several nations; three from Spain, one from Kill Ihitian, one from France, and one from the United States ; and the discoveries of llio lour nations hatl been laid before the world. De llaro, of the Spanish ex])loring party of 1781), discovered, and partly sounded and irveyed, the one broad and inviting channel which then seemed, not merely the best, but r (inly avenue by water to the north ; and he left upon it bis name. The ollicial re[)orts upon the expedition of Lieutenant de iiliza in 1701, and the ri;e and excellent map which accouii)anied his narrative, prove that on the 31st day of iiy. 17'J1, an armed boat was ortlered to enter and survey the canal of Lopez de Haro ; Xppondii No. 62. li the survey was interrupted by the hostile a])pearance of six Indian canoes, filled by > no lon""er confined t ore than a hundred warriors. On the 1 ith day of .Inne, the exploration of the Canal of tlic*Hudsou's Ba Ihu'o was resumed, and was continued till the whole line of the Canal de Haro was ritish Admiralty and( "^'■''' ^''o>u Fuca's Straits to its continuation in the great upper channel. Hut the Imperial Arbitrator may ask if these discoveries were published to the world; il the United States answer that they were publislieil before the end of the century, ^^^ in Spain and in England. In 17'.Ji', the Spanish vessels Sutil and ]\Iexicana, use but the chanw mniandcd by Captains Galiauo and N'aldes, taking with them the map of Lieutenant de iza, vorilied and completed the exploratit)n of the interior waters. The results of the of the few former t'li f^'^-' Spanish expeditions were ])ul)lished ollicially by S|)ain in 1 7115, in an elaborately bv nature for futui fl«"'ed chart for nuiriners, of which a lithographi'd copy accompanies this reply. Map I. - ■ • • ■' *-* The map of Eliza was also communicated to Vancouver in 17!)'.i, at the time when he t Galiauo and Valdes, in the waters west of N'ancouver Island. Thus Captain Appendix to Memorial mcouver became etiually well aware of the superiority of the Channel of Haro. That ^''' *'^' •"• " put (rust in tiie communications made to him by the Spaniards, is proved beyond a wilt, for lie incorporated them into his map. The discoveries of the Spaniard.s, enriched iddilioual surveys of Vancouver himself, were i)ublislied in Great Britain in 1798, in iiK'Ctiou with his voyage. Before the end of the iSlh century therefore, the relative rtaiice of the channels in the waters east of N'ancouver Islaml was known to everyone •arcd to in{|nire about it, and who could gain access either to the chart published in '., or to the account of Vancouver's \oyage which was issued in London. Her ii.'sty's Government seem certainly to have been in pobsession in the surveys of lins 1). Galiauo ami C. A'ald's. for, in llie liist ehart drawn by the ilritish Admiralty Vuiiaiuver island and the Gait of Cieoigia, and i)ublis!ied in February 184'J, they are as c(iual iu authority to tiie chart of \'ancouver and as equally well-known. [losl C e of the British Cas cording to which II then most corrcctl rt to the whole of lli rovcrnment is in fla concurrent tcstimon very paper in which lat prior to 1840 tki That channel is no : British. It forms th ;camcrs take only tha ibage ; and so it is th ts, and inhabitants ( IS gold-hunting lun no longer conii of the Hudson's Ba itish Admiralty and ( veral cross sections tli 40 is irrevclant. Th in the British ncgotiatoi ich as we now see i rests not on any thinj r purely ideal ; on ■ p till after the death ( >ation of that countrvj Aberdeen in \Sm at the opinion was wcj , the sanction eithirf the dreams that eon^ he sent out the Trcal Archipelago. On tij 19. m li- a I Appendix to Meniurial No. 48, p. 36. A|'|u: ' \ ND.OU.p. Ah to the result of the FrtTich explorations, Dufldt i\v Mofrns, in his \voik publislied in 1844 reports : ••■ Dnns rcspnco (nii s'c'IcimI dc la Icric t'oriin.' iu-^(|',i"!i la jmvlic I'Jst ilo Ic uTiiiido ilc del Quadra, il existe uiu' t'oiile do ]!rliles ili's (pii, inal-iii' K-s ahris sai-s quVllo-, oliVont riml navires. ])i(''. ili •jrcat representative of that cla>s, deserihes ilie Haro (.'liannel correctly as tlie iioitliLrnJ most naviijahle channel, and dn-.w- tlie boundary line throuiih the centre of its v,atm| And his jiamphlet. and his map, were known and appioved by Lord Aberdeen hefuie tii Treatv was framed. Thus ill Cadiz, in I'aris, in i'liiladehdiia, in Bo-^ton, and in London, the ciKUiict.r ij the Haro Cliannel had been puldiclv made kiionn before the end of ISI,'). The British claim that the Hudson's I'ny Company naviijated those waters iinii 1^"27. <»• 182S. to ls|(i. Fs it credible that for nineteen years they should have sailoi a distance of six (ieriiuin miles, and at (lie did of tiiat time, lie aljle to allirin that t'.ij were ii;noranf of tiie most obvious, broadesi. slmrtest, nearest, and best cliannel t] Fraser's Kiyer? I'nless they took the Clianne! of Iiaro, thev must have ]iassed it t\\iaii every V(iyaii'e. and a sailor, IVoni li,e luiist-liead of a ve-.sel, or even fro a the deck, (''Hi'i have seen it in all or nearly all iis cxiei;!. Coveriinr Dou^da^, one ol' the m ist eiilevpii.-inu' and impiisilive of men. faiu'iiis , his ■■ intiniate acquaintance wiili e\eiy ei(>viee on the coas|." came, iu islu', witii ii kaouledue and ajiiiroval ol' i.>i'..l .Mierdeeii, lo se'e/t the station for the liudson's lliil ( "onqiany near the s ith-east of \'ancou\er. I'rom the liiil that hears his name, liis cvl could have commanded the ^ihole (d' the Canal do Haro, and ids exjierience of tlu' llnlhll C 31. .f, pp. wituld have revealed to him at a ulaiiee i yood boat, with a tav(niriu.i;- \\\\u\ iind tii channel in less than three hours, 'i'o ^ le j;'re.',t depth id' its waters. ^Moreover, in e, lie could have pa'-.-ed throuuh the v.l.ol IV that lie w.i ; nol ihorou^ldv well awari'i r- to those who know the character of ilie maii, beyond the boiniJ- its merits eredibil'ty. 'i'he I'ritish Govenimeiit has mu produced o.ie p.irtieie of evidence of an older (!;it| than IS Id. that any one questioned tlie navi.'.ability of llie IFaro Channel, while nil ll| evidence \'. liieh the .\merican (Jovi'riiment iias tiius far produced to establish it. is ifda than tlie Treaty, is supported by (lie testimony cd' four diliei'onl nations, and pm beyond all ]iossil)ility of doniil. I'lat hcfoi'i; (be Treiity of ISttj. the siiperioriiy of iH Canal do Haro was known iiy all wiio cared to know auytbinn' on the subject. The testimony which ller !5ritainiic ^Maje.-'ty's (Jovermnent of to day brings fonvaij to prove the iuuorauce of il ; ]u-edece,-.ors. is found to he the more groundless tiie iiwii it is examined. It would be ditlieiil! to stale loo stponody the objections which ;id Hritisli court of la^v would imil.e to ii. 'fbi' declarations are taken by tlie one jiara bed oil the Hudson's i'av ('oiiipaiil dis;i:iu'iii: );isse.l by ; lor they could not be expected to stiiltil without notice to the other. Tin men like Govermu" Douiila-;. iiie j themselves by pleading' iunoianee of (he merits of Haro Channel. Obscure luon positive testimony to that about wliicli they knew not liinn'. A set of written (|iK"^tioi is presented to them, and in different jilaces, and on different days ; tiiey answer in Ian part in tlie same Avords, implying' (bat answers, as well as ipiestions. were prep.in beforehand. 'I'he testimony thus pi(d\ed tij) is of the less value, as the witnesses ivel not cross-examined : and yvi . without beinu; coufrosUed or cro-s-cxamined. Ihe,\ hud theniHolvcs in contradictions if not m faUelioods. The (iiiestioiis are fiamed so its to seem to be (o (he p(Mn(, and yvt most nfthel are of no si^'nilicance. William H. iMcXeill ]iretends to have usi'd N'aiie.uiver's charts, nol knowini;- t Vancouver made no cbart-. exeejit as an iilustratiou of liis own voya;;e. Then lieailiri that, in eominy- south i'rom Fraser';- Tfivrr, he went through I'osario Straits ; uliileli 9 js \NOik publiilied and vol mos Mrilisli Ca«(', |i. 32. Hoi-arioStrailson Vanooiivor's iiiii|) lii' I'mto tlie Jioiili of I'Vaser's Hiver. As-aiii. lie snys ihflt llic lmvi^■atil)Il d!' Ilaro Slrnil'; i< iniicli ini))c(l(.Ml hy niniHTDiis small inlands ami rn^Ks; wluTons it may lie socii \>y the cliarts oi" flu' Rriti-li Admiralty, as wiH as tiiose Lftlii^' Tiiitod Slait"^' ('i'a~( Survey, liial tlio ciiaiiii!'! is l)i'oad ami >inL;iilaily iletp, aiui liliero llu' I)otioin U iiiarki'd iiicky, tlio >:(>undin,us slimv a doptii of ;'i(Jt», (ion, and ovon IJiiiO fci't. Tin- same man piils liis name to t'.i* statement tliat what ho calls the Strait lofKosarii) was the imly surveyed clianncl ; wliori'as the Canal de IJaro had heon l-jrvoyed l)otii liy >|ianisii and .Vinericaii cxpediiioiis, AVilliam >^Iit(■he;l lestilies twice over t!iat the ^o-called Rosario Strait was tlie [only known ch-nme! ; while tli • Channel c' Ihiro apiieais f-n the Spanish (diart. Ion llio l"'reneh. eii the A.nnii'-an, and is uiven hy Vancouver himself. 'I'iie same Iwilliani .Mitchell te-ti(les, like AlcXeill and c(jnaily fajsoly, tliat, in June l8Hi, the l^irails (if l{osari(i, so-calk'd, were the only surveyed channel. But Alexander C. Anderson exceeds others in alacrity. He testilies that, as Uriti4. Caie, p. 35. Ike as l.'^ol. the ])assai;-e ihrouuh the Ifaro Strait was incompletely known. Xow Itho liir.ne (rharts prepart'd liy Wdkes and his otllcevs had heeii tor several years (ejposed for sale to anyl)ody that cho-e to hiiy them, ami it is ahsohitely certain Ithit they were presented iiy tlu' American Minister at liomhni to Lord I'almerston, iBriiish Secretary of State for Foreio'u Aliiiirs, and hy him thankfully acknowled^rd, AppeniiixNo,5i,i).2i. liiitlie year 1>^!S ; so that the Government of Her Hiitamiic Majesty hai)pily possesses the Imeans of correct in i;' the rash declarations of the last nanu'd witness. 'I'liP Amcriean (Jovernment cannot olfer the reliutiin,';' te-timony of American ImarimMs, for their fur trade on the north-west coast luui heon hrokeu up hy the British before 1810, and when at a. later day they attempted to renew it. they Jhad hcen forcibly couipelled hy th(> ollicers and servants of the Hudson's Hay Company Ho iivo up the lield. The American sailors, therefore, who were familiar with those pejions have lorn',- since ;;oiie to slumber with their fathers. Hut the Ih-itish Case enables the American (iovernment to citi" the loi^hooks kf the Hudson's i!ay Conijiany. It nowhere ventiu'es to ^.ay tint thv' loi;-.!iooks of Ik vt'ssels of the Hudson's ISay Company prove that they iievei- went ihrounii the Haro IChannel, but only that they used the so-called Kosar O Straits as the '•haling- Uiitisii Case, p. 0. biiiiel." This is a coni'ession. that the loi;--l)()nks oi' tlio-e v •sscls show tii.-.t )iiK'tinies one channel was used by them, sometimes the other. It 's i.dmitted hy tlie British Case that, in 1>^ 1:5. the •' Cadhoro " sailed lliror^ii Haro Str.dls. a:,d that once, It least, the Hudson's ]hy Company's steamer " IJeaver " chose the same route. Poininandor Mayne admits that, when the Hudson's ]iay Company established iheir eailquartcrs at Victoria, the Canal do Haro became used in corroboration of IhiMbo of the Channel of Haro, os]iecial]y from the year l><4"_' to \HA(i, some afliJavits Ind Ntatements are ofl'ered. correcting- the testimony contained in the lirilish Case, and ptirmins' tacts which tlie Urit'sh Ciise itself admits. From the want of time, no notice ilil lie c'ivcn to the other jiarty : but amoiii;- the witnesses will be found some of the fcliest otlicers in the army and navy of the United States, as well as men known lyilK'ir works to the seieiitilie world. It is a rennirkable cbaracterislu* of the British Case that, while it seems vo make fcsertinns in lam^'ua'.'o of tlie nmst eueri^etic allirmation. it (pialiiies them so as to make lem really insiiiniHcint. It mi^ht almost be said that the Ikitish Case L'niti'd Stales, niadi' vory liirne concessions to (Jreat Uritaiu ; ami tliel British Uovernnient insists upon )ireservintency. If hctween a limiual that had a name, and one that liad none, tlie ihitisli (Jovernincnt intended to take tiJ channel without a name, it should have de-cribed it with distinctness and care; iiMcaJ of wliicli, tlie words of their dcsciijiti'.in exclude the channel without a name, and apiiiJ exactly and alone to the Mam ('haniicl. InJanuary ISI^S the iiiilisli iMinisler at Washington, Ireatinn; the ''isle ls"nr tii San .Juan Archipelago as of ••little or no value," expressed a ••wish" to the Iniii States that the jiassaj^e used by Vancouvi'r in ])assiii;;' from Admiralty Inlet to the iiortll miijlit he mulually cinisidcred as the channel of the 'I'reaty. No claim whatuvor wn preferred, and the wish was excused, '•because otlier«isL> much time mij;ht be wasli'ilii surveying- the various intricate channels formed liy the numerous islets which lie botwi'oJ A'^ancouver's Ishind and the mainland, and some dilliculty niif;lit arise in decidiiii,^ whioj of those channels oiiii'lit to be ad()])ted for the dividing!,' boundary." The letter of LnJ Palmerston. under uliicli the P>ritish ^Minister at Wasliini;ton expressed the wish ot IKI Majesty's (iovernment, has never been communicated to the Government of the Uniitf States. To ]\Ir. IJancvoft. who immediately after the ratilieation of tlie Treatj-, was selected as the L'nitcd States' ^linisler at London, and who on al! occasions spoke and wruW the Canal di Ilaro as the lumndary channel, Lord ralinerston, then Secretary of State foj Foreii>n Atlairs, ne\rr presented any counter-claim; and the American Minister « l)ersua(led that danjier to the immediate peaceful execution of he Treaty arose, not Irua within the ministry, but from the i)arliameiitary inlliienco of the Hudson's l>ay ('()Ui|miijJ whose desires the .Ministers seemed reluctant to adojit. 3Ir. Bancroft did not suH'er the authoritative interpretation of the Treaty on tlJ part of his Government to rest on the uncertainty of conver.sation.s which time inii;l| obliterate, or memory pervert. On the last day of July 1848, T,ord Palmerston observed that he had no i;" chart of the Oregon waters; and, hav.,ii>; asked to see a traced copy of Wilkes' clia:1 Mr. Bancroft immediately sent it to him with this remark : " Ihiluckily tlii.s copy docs not extend (piite so far north as the parallel of 43| though it contains the wide entrance into the Straits of Haro, the channel tlirouijli ikf middle of which the boundary is to be continued. The upper part of the Straits o Haro is laid down, though not on a large scale, in Wilkes' map of the Oregon Teni'orjJ Obtaining from Washington an early copy of AVilkes' surveys, Mr. Bancrol delivered it to Lord Palmerston with the following otficial note : — My Lord, " November, 3, 1848 " I DID not forget your Lordship's desire" to see the United States' surveys of tIj waters of Puget's Sound, and those dividing Vancouver's Island from our territory. "These surveys have been reduced, and have just been published in three parts, anj I transmit for your Lordship's acceptance the first copy which I have received. " The surveys extend to the line of 49°, and by combining two of the charts ynij Lordship will readily trace the whole course of the Channel of Haro, through the niiiiJI of which our boundary line passes. I think you will esteem the work done in a manD^ very creditable to the young navy officers concerned in it. " I have, &c. (Signed) " George BASCEon. "Viscount Palmerston, Tic.'' To this formal and authorized announcement of the Haro as a boundary, the .ins''^ of Lord Palmerston, written after four days, was in like manner ofiicial, aiul ran i follows : — 11 anil fcn-bcnrmipo nfl •n- to t(t (lone (ivorl 'I'lu' Treaty, asitl lit lU-iliiin ; and tliel tlie Trcnty. it imi«t| not i)luiu, the (larly \niliip,uity, and liavei l)i'twoi'U a ('haiiini tiMuloil to lalu' tlia ss and I'ai'c ; in>tc'al t a name, and applj (r Ww '•■ is!rls'"<>l' liiJ i>h " to tliL- I'liitJ t y Inlet to tlie norllj ) I'laini wliatuvev v^ c nii^i'lit 1)0 wasted ets which lie betweoJ ise in dociilinu; "hicl The k'ttcr of LorJ csscd tho wish ot nment of the UnitoJ i Treaty, was si'lcctil lis spoke and wioii' Secretary of Slate t nieriean ^Minister n 'reaty arose, not iud lulson's liay ('ompn , of the Treaty on tlJ ions which time nii^lJ that he had no ?iioi copy of Wilkes' clmrl as the parallel of 49| 10 channel throimluli part of the !?traits the Oregon Terri'orjJ snrvevs, Mr. Bancrol " November, 3, 184B 1 States' surveys of tl rom our territory, shed in three parts,™ lavc received. two of the charts vf aro, through the niui. work done in a nuinii( &c. '« George Banckoh. i a boundary, the am'^i mcr otlicial, and ran ' I "Sir, " Fnrrif/n Office, Novemher 7, 1848. "1 r.Kfi leave to rotnrn you my best thanks for the surveys of l*uget"s Soinul and of llbcGiilf of (ieorgia, which accoinpanied your letter of the •"•rd instant. ••The informal icn as to soundings contained in thei^e diarts will no doubt be of IfToat service to tlu' Coimiii -^idniTs who i;re (o In- appoiiiled unih-r the Tii'aty of the li.ltli of .lune, IS t(i, liy ii>-i>tiu:;- them iii determining where I lie line of ijouniJary described lintlie 1st Article of the Trent v ouubt to rim. 1 have, ■George liancroft, l';s(i.. 5c i (.•^i'^iiied) 'AI.MEHSTON. Here is no prelenee ol ,iii igiinranee of tlie Cliannol of llaio as alfectiug the intcrpre- jlatinn of the Treaty ; tliat t'K'ory was not started until after tlie death of Sir Robert Ipeil; hut a calm wise assent to the use of the large charts of Wilkes in running the kundary. And this assent was virtually n concession that the American interpretation ia> just and true. Lord rahnerston declined all controversy about the Chamud. He Ireivivod a formal authoritative statement of the line as understood by the I'liited States, 1 in his re])ly made no comiilainl and ]iropo('(l m> other interpretation. This note ilhc lir.st and the la-! and tlu- inily word that, llie I'niled Slates jtos-^ess from Lord Painicr.ston under his oun iiaiul on the subject of llu; bouiulary. The correspondence Appemiix No, .'ii. eialing to it is inserti d in full in the Apjiendix. 'i'iie .Vnierican Minister of that day iJverygood opportunity (o know what was going tbrwnni. and ever_> motive to give lie most correct ini'orniiUion to his (iovernmenl. In Decendier 1S.")-J, J^ord Aberdeen came to the head of ailairs. The last ofllcial lordof llie Americans to (Jivat Urilain on the bouinlary had been, that it passes through lo centre of t lie Channel of ]Iaro. At the beginning of his ministry, in the winter of |j.VJ-.');5, the territorial legislature of Orei;(in included the whole ol the Archipelago of lu'i in one of its counties. Jhid Lord Aberdeen l)et'n dissatislled witii the state of the io>tion, he, who maile liie Treaty and now bad returned to ])ouer, was bound to have liien this subject earnestly in hand. Ihit he remained silent, made no excuses that he draughted the Treaty in iunoranee. and I'niered no <'ounter pretension to the leiican view. The administration which, in Feliruary ^>^.'),''). succeeded that of Lord Aberdeen, was ne over which the Hudson's IJay Company exercised great intluence. The progress of Ionization demanded a settlement of the <|nesti()n of jurisdiction, the more so as the |riti»li Uovernment had made a grant of the Island of Vancouver to that Com])any. Icoordingly, in ISaO, the two (Jovernments agreed to scMid out Commissioners to mark |ie line of boundary. 'he United States, in perfect good faith, gave their Commissioner full powers, and (immunicatcd his instructions unreservedly to the British (Jovernment. The British uvennnent gave its Commissioner ostensible instructions, which were readily ccmi- lunieated to the Tuited States, but fettered him by additional ones, which were kept CR't, and of which the I'nited States re])eatediy but vainly soliciteil a copy, until some ars later Lord Malmesbury, in the Ministry of Jjord Derby, became once more Secretary State for Foreign Allliirs. Could the Hudson's Hay Company obtain possession of the Island of San Juan, they Dukl have exclusive possession of the best chanmd, and of the only sate one in time of Xo British authority in (Jreat ihitain or in Vancouver expressed any desire for so-called Uosario Chamiel, on which the iiritish Case now affects to lay so much tcss. The Memi)crs of Her J>ritannic Majesty's Government did not pretend among iselvesio a right to it "as the cliannel indicated by tlie words of the Treaty ;" but flding to the importunity of the influential Government of Vancouver, they were ling to hazard an experimental attempt to gain the Island of San .Inan. To accom- 'h this end, the Ibitish Connnissioner received the following secret instruction : — "If the Commissioner of the United States will not adopt the line .along Rosario Appendix No.69,p.4i. lit, and if, on a detailed and accurate survey, and on weighing the evidence on both of the question, you slnmld be of opinimi that the claims of Her Majesty's Govern- fiit to consider ]vosario Strait as the channel indicated by the words of the Treaty ™ot be substantiated, you woidd be at liberty to adopt any other intermediate channel m\ you may discover, on which the I'nited States' Commissioner and yourself may 'le as substantially in accordance with the descriiilion of the Treaty." According to liis connnission, and according to his ostensible instructions, Captain 5^'"st was a Connnissioner. and no more than a Connnissioner to mark the boundary fc according to the Treaty of |S4(; : l)nl, by his secret instructions, which he resolutely » 12 rcf'iHcd (o communicate, ho was in i'lct ,i J'l •nipolentinry nitpoiiitcJ tn iK-,i;(iliiik' for chnnncl wliicli should take the l-limd of S\n .'uan from the I'nited States, It imi-t bo l)i>nu> in mind Ihiil Caiitnin I'rovnst iiail antlicivity to ollVr a noni] -nniini only (>n the condition that, after i)er>oiial cxiimination and tlie weiiihin)'; oi' cviilfnce on both sides of the qnestion. he "should he of opinion tiiat tlie clainis of jlor Mnjt'Mv'i Government to consider Rosario Strait nn the cliannel indicated hy the words df tU Treaty cannot ho substantiated.'' After liavin!! been live inontlis within tho Straits oj Fuca, and after havinu; verilied and ai)])r()ved the accuracy of tiie Tnilod Stiit(>,' C,,;,,! Survey Chart of tiie ciiannels and islands l)etween Vancouver Island and the ContiiuiitJ Appendix No. 70, |..M. and after consoiitini^ to adopt it for t.:e ])urposc of deterniinini; the houndnry line. 1 proposed such a compromise, as would have lott to the Unitoil States the so-called l!u-ari(l Straits and every island in the archipolai,^^ except San Juan. The Connni.ssioner of the United States. .Mr. Arcliihald Cnmjdiell. divined ttj AppendUNo.72,p,4i, character of the .secret instructions uiulor which Captain Prevost was actinn-, adin'M with intelli2;ence and uprightness to his duty as Commissioner, and "dcclincil to iioatlJ to any compromise."' Cai)tain I'revost. the British Connni.ssioner, wiio by bis ofTor of compromise, nai conceded that the liritish claim to the so-called Jlo.sario Straits " cannot be snlistantiatcdj struggled hard to recover the position of a zealous champion of the right of (iroat Jiriiail to that channel. Mut for this he had drifted too far, and ho was too hone>t to sumoj AppfniiixK,).;o.p.ii. As an intrepreter oi" the 'I'reaty, Captain Prevost writes very correctly: "The clianna mentioned shoidd possess three characteristics: 1. It shoidd separate the continent fma Vanconver"s Island. 2. It shoidd admit of the l)nundary line being carried ihrouoli tl) middle of it in a southerly ilirction. ">. It should bo a navigable channel." Ueaddjl " It is readily admitted that the Canal de Arro is a navigable channel, and thcreforf answers to one characteristic r)f the channel of the Treaty," This admission, written from on board a shi]» anchored within sight of the Harj Channel, is conclusive i«s to the first ])oint. As to his second characteristic, a glance i the ma]) will show the Imiierial Arbitrator, that the line which is drawn due soutli fmil the middle of the channel on the parallel of 40^ strikes the Channel of Haro and leav^ the so-called Kosario far to the east. As to Captain Provost's remaining characteristic, the United States again cite 1 .11 testimony, for be writes: "The Canal de Haro is the cliauuel separating Vancnmvi Island from the continent."' To he sure, ho adds: it "cannot be tin; channel whia separates the continent from A'aucouver Island." lUit in that ground no anchor can liolj It is as if one were to own that, in latitude Ti-T 10', St. George"s Channel separates Irclanl from England, and yd insist that Hngland is separated from Ireland by the strait I jNIenai, In .lanuary 184S, during the administration of which Lord John IJus.scll, now RiJ Russell, was the chief, the British ]\linister at Washington, timidly and by way of cxpi'if ment, expressed a wish that the channel through which Vancouver sailed, iniiilit beajro^ upon by the two (Tovernmeuts as the boundary. In August IHi'iO, when the internal commotions, which appeared to threaten til disruption of the United States, were already spreading their baleful influences, LordJol Russell, then Itritish Secretary of State for I'oreign Affair.s, first ventured upnn adi.-tini avowal of (he purpose of Ifer Britnnnic ^Majesty's Covernmont to obtain the island of Si Juan. In pursuing this (ddect, he sought, in an interview with the I'^arl of .\herdeOi'.| obtain the sujjport of that ]\Iini^ter. The chief interest in this narrative, as far as persons are concerned, centres inLoi Aberdeen. So far as the United States know, he never consented to set his hand toal paper which they would have a ri'jbt to regard as disingenuous. The United States lia| Appendix to Mfraorlni shown iu tlioir Menn)rial that Mr. I^Icliaue, after an interview with Lord Aberdeen! N,.. 42, p. 32. the 15th of .May, I'^tti. ri'imrfcd to his (iovernment that the Treaty line woidd paj through the Canal de ilaro. The present Agent of the United Stales in this arbitration resided as Ministorl England during the three years following the Treaty, became well ac(iuainled with l4 Aberdeen, conversed wi'h him on its interpretation, and never heard from him one «« that conilicled with (he report of Mr. McLane. Nor did he over hear a different imi pretation of the Treaty IVimi S'r Robert Peel. Nor dtiring his whole residence inEnpal did he ever hear sue!; diil"erence of interpretation attributed by any one to eitlier| the two. And, in 1!*50, Lord Aberdeen is appealed to by Lord John Russell for the aidoilj testimony. Unliappily there exists no written answer of his own to the questions piitj him ; but only a very short report of the intervic w hy l^ord John Russell. Accordiiij| Map o. Appendix Nil. 70, )i. Appendix No. fiS. p. ti\ Appendix No. 7.'?, p. 42. 13 ti» Hi -iiliu'o lor [vtcs. oH'or n oonii -nnii' 'wix, o\' cvitk'iiro dH < {){' IUt Mnjo-ty'd y the words cit' tliel itltin tlif Straits 'nitfil Stnlcs' Ciiii,! and till' CtmliiMitJ e Ijoinxlary line, lie so-calk'd Uo-ariJ mi)l)L'll. divined tbi wixn actinu;, adluT^J " (IocHiuhI to aeaJj of coinproiiiisc, lai lot 1)0 KulistautiatcilJ i^ht of (Jreat P)ritail 1)0 lionC'>t to succoeJ >ct]y ; '■ '1'1'c cliannel e tho continent inn carried ihrnngli tb channel.' lie ad lannel. and tlicrcfor| in sif-lit of tlic Hail •ncteristic, a .slance Iniwn due soulli t'ro^ icl of Haro and leav( States aizain cite lil pparatinv; Vancnuwi lie the channel wliic lid no anchor can lioli mnel separates Irfk eland by the strait ohn IJusscdl, now E and l)v way of expo sailcd/nii-htbcagrei lenrcd to threaten tl d influences, Lord, M cnturcd ni'onadi?t jhtain the island of Si e I'^arl of Aherdoc' icerned, centres in L 1 to set his hand to The United States U vith liord Aherdeen Treaty line wonld pi till* report, lund Alierdocn did not deny that he used the name of the Canal de Haro AiiptndUNo.js.ii.iJ. ih Mr. Macljanc, tliou^h he li.id no recollection of havinjf done so. Now nothing is ij,,iR' lilcely []]■■ |i;:,i|)|)ed Iroiii I -pteli of Mr Ickaiiiiel wliirii ! 11 that till' words uttered in coiiver-ation thirteen years before niijrht have ■i iiieiiiory ; and airaiiisl this fi;ilure (d" memory is to be weiifhed the . .MacLiiK'. written at the momint (d' the conversalion. But as to the iord Ah rdeeii had in view, he i.s represented as declarin};-, that he knew as Ministor Ued witli U n residei ell accpiain leavd from hi'" »"''." er hear a ditfercnt iiw ,ole residence inEn?a| \,y any one to either jiine other than that •• described in the Treaty itself." Now the channel described in the Treaty, and in L:)rd Aberdeen's instructions to Mr. Pakenham, is, as we have seen, nu odiortlian the Canal de Haro. Left wittio.il support by Ijord .\berdeeii. the iJritisli Foreign Oflice lirougbt forward • its witness i^ ir liieliard I'akenhani, who, with .Mr. Huehanan, signed the Jioundary iroaty of Jnii,' I.^IG. In thai siiiiic year, \vhile everything was !penduNo.;o,i).ii. yoiul whai 1 imw oli'er I can no further go 1 am willing to regard the space )V(.' descri'ii'l | that is, the space between the continent and Vancouver island, south of il : as one ciiaiinel, having so many dillerent ]iassages through it, and I will agree to umiulary line iieiiig run through the ■middle' of it, in so far as islanils will permit." Ills is the lead which Sir IJichard l*akeiiham followed. He who signed the Treaty on I' British side declared positively as bis interpretation of it, that the so-called Straits of liwirio are not the cliaiiiiel intended by the Treaty; and we must hold the British iwnment to this confession, as it received its oitjcial approbation. it is true be also denied the Straits of JIaro to be the channel of the Treaty, using ii>e word-- : •' The b^ail of Aberdeen, in bis ilnal instructions dated IStb May, 184(i, s nothing whatever alxmt the Canal de Haro, but, on the contrary, desires that the le miiilil be ilrawn '• in a southerly direction through the centre of King George's (land the Straits of Fuca to the Pacific Ocean." Xmv, why was Sir Kichard Pakenham introduced to gi\e testimony as to the iirui'tion which be received from Jjord Aberdeen .' The instruction itself was in the ircu'n Office, and was the best authority on the subject, and would have given the le truth. Sir Pichard Pakenham in his tcstiiiumy leaves out the most important irdsof his final instructions, ]jord Aberdeen, it is (rue, did not name in them the launel of llaru by name, but so far liom writing anything to '• the contrary,"' he defined exactly, when, in those same "'final instructions," he describes the channel of the teaiy as the channel "leaving the whide of Vancouver Island, with its ports and Nu13. p. aa. itbours, in the possession of Great JJritain," The final interpretation of the Treaty by Sir Richard Pakenham runs as follows : — ■'The condilions of the Treaty, according to their liberal tenor, would reliini;loii was directed ti) eoiiiniimieate to tlie I'niii. Stales, lie wrote : '• 'I'iie ail())iti()ii (il iie jiilral AppendU No.7S, p. 1 1. eeiilial eiiaiiiiel wmild 'j,i\e lo (Jreal Urilaiii tiie Isluinl , Sail Jiuin. wiiicii is lielieved to lie of lillle or iii> value to tlie I'liiled Slate>, wliilL'iim, iniportanee is attat'iieil liy Ijrilisii euloiiial aiitliorities, and liy I lev Majesty's tl^nl■^l^ inunt, to its reteiilion iis a depeiuleiiey of the Colony of Vaneouver's Island, '•Her Majesty's (iovenmieul iim>U llien firi-. under any cirennistanee^, iii;uii!iiiii tlie ri;;lit of (he JW'ilisli Crown to the Island of San .Inan. 'I'iiv- inleiVNts at sink, eonneetion with llie retention of lliat island aie loo imiiorlant to admit of coiiijaniu, and y(mr Jj(ir(Uliii) «ill conseiiueiilly hear in '"'"'^ '''"' whali'ver arrange houiidary line is linally ani\ed al. no seuleineiit of tlu- i|:H-tiuii wil Her .Majesty's (loveinnienl \vhi<'li does nol |)ri)\ ide reserved for the British Crown.' To this naked and even nunaeiiiin' demand liie .\meriean (iovernmeiit iiiiiiK' iii only tittiii!;' re]ily : and eortainly the Iin|ierial .\rl)iliator will not ' (treat Hrilain. lH■ean^e the Vancouver cohmial anthoritii uient eovet I he jio^session of San Juan. When the attention of the British Secretary of State was called to the absolutiMii; and to the motives of this coinnuinieation. he answered : " Her ^Lajo.sty's (Jownumn were, by imiilieation, ahandonin^- a large jiart of the territory they had dainiuil. iinl were merely insistini;- on tiie retention of an island, which, from the peculiarity of ill situation, it was impossible for Her ^Majesty's (Jovernment to cede, without compromisiij interests of the g'ravest imiiortanee."' lent as to lu^ _:h-Iiuii will be accept. ■(] hi a' the Island of San Jiiau UinJ i'ive an auani J les and Her ^lajesty'.s (juvcrii A)>|ionuU No. 75, p. 1 1 , iiiieiesis oj lue gi.neM; iiiqioriaiiee. Lord .lohn JJus^ell acknowledned the necessity of suitjiorlinn' his ])retensioii> brini>inj:; them into agreement witii the words of the Treaty : and therefore, jrivi: uj) the channel of the so-called Jvosario, he entered into an argument in favour of ti channel called on the l-niletl Slates' Coast Survey "the San Juan Channel, " on f British Admiralty chart " Douglas Channel," as the channel of the Treaty. In other w(n-ds, he in(er])reted the Treaty siniply as giving the Island of SaiiJu to the British, by whicli they would gain the exclusive possession of the Ha Channel. A eonclusion is thus made very easy. Captain l^vvost, Sir liiehard Pakeiiliaiii, ii Lord John Russell unite in renonnciiig any Treaty right to the so-ca!leil Uosario Cliaiinel and unite in the opinion that (he Douglas Channel has a better ri,v,ht to be reganlwl the channel of the Treaty than the so-called Kosario. There is no e.scape from t culminated evidence thus furnisheil by the Uritish Government : first, in the instnictin of Lord Aberdeen to Mr. I'akenham ; second, in ]Mr. rakeiiham's declaration of t meaning of the Jhitish Ciovernnient al the lime the Treaty was negotiated ; tli in the instructions to Captain Prevost ; and. fourth, in the statements of Lord Ji Jiussell, that the so-calle;! JJosario Strait Avas not the channel through which, in t interpretation of the Ihitish (iovernment, the boui..lary line was to be run. It fiirtb shows that, up to the dale of the instructions to Captain Prevost in 18i5G. the liiiti (Jovernment had never suggested any otlier than the Haro and the so-called Kosi Channel. Their ow n e\ iilence, excluding the Ivosario Straits from their conteiuiilati at the date of the Treaty. leaves the ilaro as the only possible channel williiu t contemplation of eiliier pari v, and the cmlv one in accordance with the true interpiviatii of the Treat v. 36fh Protocol of Con. tprence between the Hiich Comiiiirj^ioner^ at Washington. Om lie more ell'orl was made for ments. On the Idlh day of .March. States and the Conimissioiiers on AVashington look up the Xorlh-Wc the seltlenient of the question by the two Gove ls7l, the Commissioners on the part of the I'liitJ the ])art of (ireat Britain, in a Confeivna i» iiniiiii^iwii lutiiv ii[i trie .\oiiii- u e->tern JJoiimlary (^Uk'sIIoii, and when no .'gri'ciiicl could be arrived at respecling the proiier inlerprelalion of the Treaty of June, ls-lii.tl American Commishioners expressed their readiness to abrogate the whole of that iiai't the Treaty of l8Hi, ami rearrange the boundary line which was in dispiilc liM that Treaty was concluded. At the Conference on* the liOth of .March, 1871, the Jiriii^ Commissioners declineti the proposal. I On the 19th of /vpril llie British t'omniissioiiers, willing to renounce all claim lull so-called Itosario, renewed the olfer of the line which had before lieen ])ressed by Capt^ Prevost, and maintained as the line of the Treaty by Sir liiehard Pakenhain ami Lord John lius-rll. The Anu'rican Comiiii-Moiicrs on the instant declined (oeiiirtal the i»roposal, and the Ihilisli (Jommissioners could not cousent lo regard the CiiaiiiRli Haro as the boundary '• excei»L after a fair decision by an imparliie Spaniards, the British Gulf of ^eorjia. Tims far the United States reserve to themselves no advantage over the tnjlisii. Tiiey go farther. There are two other channels connecting the Straits of parn with tiie uijper waters: one of them a little above 49°, at the Portier Pass; the MapO. tkrliolow 4li". through Swanson Channel and Active Pass. As to botii of these, the [nited States leave to the Britisli the exclusive possession of the islands on eadi side. (iii>. is a great concession, far outweigliing in value any advantage the Americans may [ain ill the so-called Rosario Straits. The regular track of the British steamers between bth Vancouver and Fraser's River is through the Channel of Swanson and Active Pass, i«ido sheltered channel, to them the shortest and most convenient, never freezing in [inter, with water nowhere less than 90 feet deep, as easy of navigation as any part fthe broadest and most magnificent river in Europe. To keep all these advantages and to acquire exclusive possession of the Channel of lar()I)ccame the uncontrollable desire, first of the Hudson's Bay Comi)aiiy, then of the pliticians of Vancouver Island. The conduct of the United States merited a better quital. The demand of the Government of Her Britannic Majesty is as contrary to every jineipal of convenience, equity, and comity, as it is to the intention and the language of |e Treaty of 1816. To ask the United States to give up their eciual right in the Canal (Haro is to ask them to shut themselves out of their own house. They own the Intincnt east of these waters to the Lake of the Woods, a distance of twenty-eight pecs of longitude. It is within the bounds of belief that they should have given iq> |Groat Britain the exclusive possession of the best channel, and the only safe channel, which they could approach their own vast dominions on the north ? Grant the pSthsh demand, draw the line of boundary through the so-called Rosario Channel, and • Americans woidd have access to their owu immense territory from the Pacific, only fthe good-will of the English. Such an interpretation of the Treaty is so unequal, so [108] D r M ]C, pnrtial to firont Uritixin, so opponito to the nntiiral riglits of tho T^'nitod Stntoi, .^ inconsistent witU Uio words of the Trciity, llint tin* Anicriciui Clovornnient liolds iiscj di'cpiy n^griovcd hy (lie Uritish luTsistcncc in ilcniiindin;;' an intc'i|iiTtiition in so "(xlioiij a snisi'." Tlic l^niti'd Slates, it ninv once more lio said, Imd not (lie intention to prosoiit |)J subjoct in tins Iii;lil to liic Iniju'iiji! Ailiiliator. I'm' llicv conlldi' cnliivly in |J jnstici'. iJut siiu'o Her Maji'st.v's MOviMinncnt apparently n.ssuini's that nn awurd jl favour of tiie American (Jovernnient would he ••odious," tho United Htntcs muj not neglect to invite attention to the true aspect of the ease. The American flovcrnment is the more suri)riscd at this manner of prcseniin the suhject hy the Government of Her Uritaimic Majesty, inasmuch as Captain I'revosl after months em]doyed in exploring the waters, conceded that the British olaid to the so-called Jlosario Htrait "could not he suhstantiated," and this opinion wJ formally adopted hy Sir Ikichard I'akcnhnm and hy liOrd .Fohn Russell; the lattj of wliom himself declares, that he ahandoned hy ini lication nil hut the Island Han Juan. Another reason why an award in favour of the so-cal'.cd llosario as the clianiii would he odious, is, that it would transfi-r to the foreign allegiance of (ina Britain islands east of San .luan, which have long hecn and are now in undisputed possession of the I'nited States. The United States have like«i been virtually in possessisn of the Island of San Juan ; though each party maintains ini Appendix No.7o.p, IS. a Small garrison. The civil pojndation on that island is thoroughly American. On 9G resident nuiles of 21 years of age and upwards, the numher of American citizen is 50 ; the numher oi" those horn in Great Britain and Ireland is hut 2(1. both sexes and all ages, there are 170 Americans and hut 52 of British nationality onilij Island of San Juan. In the whole archipelago, the American poi)ulation nuinhors 11 the British hut '.lO. How unsuitable it would he then, to assign to Great Britain islamlj which have never been out of tho possession of the United States, and whirli iirl occujjied almost exclusively by their citizens I The L'nitetl States do not understand how a controversy could have arisen on iii| meaning of the lUmndary Treaty of June I'l, 1S46. It will be remembered tlmt it uai they who. in the administration of Sir I'obert Peel, recalled the intimatidn Mr. Iluskisson in 1S2('), and suggested that the disputed boundary Uiiulit arranged by .just so mucli deflection from the forty-ninth parallel, as would IwJ the whole of Vancouver Is'.nnd (o Great Britain. For more than two years, throiiirli t«| successive envoys, they continued to ]»ropose this settlement. At lengtii Aberdeen consented to it. The language of tlie Treaty for carrying out the arranuvnuiij came from him. The United States accepted it in the sense in which they bad suirsi'-'i it; and by all rules for the etjuitable construction of contracts, Great Britain ought iiof now to attach to it a sense, dillercnt i'rom that in which Lord Aberdeen imul have known that the United States acce])led it. Moreover, before the Trjaty of ■liiiil 184G was signed. Lord Aberdeen, well knowing by the experience of more tiian m years that the United States had proposed as their idtimatissimum, not to divijj Vancouver Island, instructed the British Minister at Washington, that what En;d;inl was to obtain was the channel "leaving the whole of Vancouver's Island in the posse-iii of Great Britain." Thus botli Parties bad the same object in view ; both Parties intciulo the i-ame thing and expressed in writing tlieir intentions before the Treaty was sijiikl 'I be Government of the United States of that day assented to the Treaty of him with the understanding, communicated in advance to the British Government, that till boundary line was to dellect from the 4l)th parallel for the sole purpose of givini; tiJ south of Vancouver Island to Great Britain, so that it was necessarily to pass throu;;;li tlf Canal de Haro. The American Senate accepted it in that sense and only in thatsin-a After it had been accepted, and before the ratifications were exchanged. Sir Robert " Appendix to MemotiJ. in the House of Couimous announced inmemorai)le words, that Her Majesty's govornmenj No. 48, p. 34. had made the contract in the same sense. Not long afterwards the present Airenl c the United States in this arbitration, then the Plenipotentiary of the United States neai the Court of St. James, officially called the official attention of Lord Palmcrston to ibij construction ; and from Lord Palmerston, then tlie British Secretary of Foreign Afi'airi who, on the 29tb of June, 1840, had, as a member of the House of Commons, listoncJtl Sir Robert Peel's interpretation of the Treaty, and, with the knowledge of this intciprotaf tion, had on the same evening welcomed it as honorable to both countries, the noteot'tlij American plenipotentiary received the acquiescence of silence. The broad and deep Channel of Haro, in its ceaseless ebb and flow, is the ever faitM and unimpeachable interpreter of the Treaty. Time out of mind, it formed the path^l Ap|>rndix to Mpmorial, Nu«. 10 uiid I'J, pp. IH, 21. 17 f the canoe fleets of the Tied Men. It is the first channel discovered by Anpjlo-Americnns I Europeans within the Strait of Kiica; it is the first that was explored and surveyed lomside to side ; it is the first tln'ou>:;h whicli Euntpeans sailed from tlie Fiiea Strait to [Waters above the |mrailel of I'J. And now, in the increase of (c' indemnities, which tliey tlienisclves Ithe British (Jovernment acknowledf^e ti» be most ample. TIk; jjeneration of Ihitons Hi'ludantiy assumed the unwelcimie task of kecpin;; tlie fruitful region of Nortii-\Ve.st ^crica in a wilderness condition, has jjassed away. Under the genial influence of the tiled States, cities rise on the stations (>t fur-traders, and auriculture supersedes hunting' Jtrapping. This condition of the country facilitates the final recofinition of the rifjiits I United States; and enoourages the belief than an award favourable to them willbt Kpted without an emotion of surprise or discontent. D 2 APPENDLY TO THE EEPLY. m i i ir niiitl Imi to thi liiiitstniit Itlaiiiii'l ol i'.k isla I'll. Jiimi ,Sec I m JflLiro. Vxmi tl I V;mc( fi'i'ieil, ( |iW chill h-;'iill (^)l| l';ikc:i illS]lilt. Iilii' line |tiici: Ijy ^m Ba &c. Wosure Win "ft u »n not li.i.' liii I'liaits 1 'ui-h (l"cki Iters 1 tf' 21 II Appendix to the Reply. No. 51. Correspondence hetwecn Mr. Bancroft, Mr. Buchanan, and Lord Palmerston. Mr. Bancroft to Mr. Buchanan. Ui. London, Kovcmler 3, 1846. » ♦ » • * ♦ WIIILl' in tlio Navy Department, I cai'.scd a traced copy of Wilkes's chart of the Straits of Haro The Str«it» of H«ro .■mii(li\ If not nuedwl in tlio Navy Department, I re(iuest tliat the I'resident will du'ect it to be the Treaty boundary. :to tills Le,i,'ati()n. It is intimated to iiie that (jnestions may arise with regard to the islands east of |i::it stniit. I ask your authority to meet any such ehdiii at the tliveshold by the assertion of tlie central iiiMt'l of the Straits of Haro as the main cliani el iuteiuled by the recent Treaty of Wasldugton. Some i'\K islands, I am well informed, are of value. Very respecfully, &c. In. James Buchanan, (Signed) GEOKGE BANCROFT. Secretary of Stiite. Mr. Biiclmnan to Mr. Bancroft. Department of ■'^'atc, Washington, Deccmlcr 28, 1846. I HAVE obtained from the Navy Department, and now i ^nsmit to you, in accordance with the Mr. Buchanan [(■liit'iitcuiUiunedinyouv desj/atoh No. 1 (Noveml)er 3rd), the traced copy of Wilkes's chart of the Straits instructs Mr. Bancroft Hiiro. This will enable you to act un of the .several islands, in order that settleiiiciits m« not be begun by one party on what ])ii)])erly belongs to the other. On returning home 1 sent liiin traced copy of Wilkes' chart, with tlu note of which 1 inclose a copy. I am, &c. James Buchanan, Esq., (Signed) GEORGE BANCROFT. | Secretary of State, Washington, ]\ C. Mr. Bancroft to Lord Palmerston. My dear Lord, 90, Eaton Square, Jidij ,31, 184i!.| AS yo.ir Lordsliip desired, I send for your inspection tiie traced copy made for me at tlu' XaJ Department cf Wilkes' chart of the Straits of Juan de Fuca, I'aget's Sound, &c., &c. Uiihakily tlJ copy does not i xtend quite so far north as the jiarallel of 49°, though it contains the wide entraiiie in the Straits of Haro, the channel through the middle of wliicli the boundary is to be continued, 11 upper part of the Straits of Haro is laid down, tliough not on a large scale, in Wilkes' map of i Oregon Territory of which, I am sorry to say, I have not a copy, but which may be found in the ati to the narrative of the United States Exploring Ext lition. I remain, &c. Viscount Palmerston, (Signed) GEORGE BAXCEORl &c. &c. &c. Mr. Bancroft to Mr. Bucluinati. Sir, United States' Legation, Lowton, October 19, lS4o.j I SEIfD you a map of Vancouver's Island, recently published liy James Wyld, geographer tn Queen. It purports to mark by a dotted line the boundary between the United Status aiul Gr Britain. You ■ ill see that this map suggests an encroachment on our rigiits by iido]itiiiL.' a liuu larl the east of the Straits of Hfiro. You may remembei that Jlr. Unyd, more than two years ag(i, suL!,i.'isl| to you that a design of preferring some such claims existed. 1 interred, from what 1 could leanil that time, that this design grew up with the Hudson's Bay Cnuqiany, and I had no reason to iiu|i^ it favoured by the Colonial Secretary • * « • I am, &c. Jaraes Buchanan, Esq.. (Signed) GEORGE BA^XTtO^.| Secretary of State, Washington, D. C. Mr. Bancroft to Lord Palmerston. My Lord, 108, Eaton Square, Norcmher 3, 184i I DID not forget your Lordship's desire to see the United States' 3urve\s of the waters of Tuil Sound and those dividing Vancouver's Island i'rom our territory. These surveys have been reduced, and have just been published in tlu'ce parts, and I trausmitl your Lordship's acceptance the first co[iy which 1 have received. The surveys extend to the line of 49", and by combining two of the charts your Ldidsliip readily trace the whole course of the Channel of Haro, tlinn'.gh the middle of wliich our bcmiuiiin 1 passes. I think you will esteem t!ie work done in a manner very creditable to the young luivv "llil concerned in it. I I1&V6 &c Viscount Palmerston, (Signed) ' (iEORGE BA^TR01■^1 &c. &c. &c. [iQv DRGE BANCUOFl'. ndon, Avgvst 4, 1S4S, 23 Lord Polmcrstoii to Mi: Bancroft. Fimiija Oj/in; Narrmhcr 7, 1R4S. IBEGloavo to return you my best thanks I'o. lIh; suvvey.-i of I'liunl's SduiuI, and of tliu CI all' of Lord Falmorston girea Icija, which ac('nMi|ianit;(l youi' letter of the .'Ird inslaiil. Ik infiinaniiiiii as to w)un(lin;^s eontaiiieil in tlu'se eliarts will, no douht, lie, of ^'reat service to .C.unnissioners who are to Ik^ ajiiminted under the Treaty of the loth of .lime, lS4(i, liy asisistin;; , ill (lutfriuiiiiug where the line of liuuiidary desuribed in J ho 1st Article of that Treaty ought Ira I have, &c. y Bancroft, Esq., (.Signed) I'ALMEr.STON, it, &c. &c. I| tlie ac(iuiesceneL' of sili'iicf to the Haro Channi-l as the boundary. No. 52. Mi: Jjun-cro/t to Mi: Cnnqibcll, EOKGE BAXCROn. Nfw y'orl; Jiiiw 15, 1858. TOrr letter of May 27 has hut just rcnehod ine, in consequence of my ahsenee fioiii home on a Mr. Bancroft refers jiimiey. Iwiis in the adn.iuistration of ]\Ir. I'olk at tin' lina' when ]\rr. r.uchanan jierfeeteil the Treaty for ;„• ik' binindary of Oregcai. The basis of the scttlrna'Mt was the ]iarallel of 411', with the ,-inii 111 I'lritaiu of that ]iart of ^'an('ouver's Island wliicb lies south ol' 4'.i\ The United ^-^tates i:;!:,,t I'dtli ]iartieshad a ritiht to the IVi'c naxiuatiou of the waters r(aind Vanrouver's l.-land, and (iiHsenleil liiat tlie lirilish lioundarv sliould extend to the centres of the L'hainu'l of Haro. twiisthe underslaiidint;' ol' everybody at the time of eonsunniiatin,u tlu^ Treaty in Kn,i,dan 1 and at l!!iiii:,'ton. The Hudson's liny i'onqiany may natinally enough eo\et the .irronj) of islands east of ! iliainiil. but the desiie, which never can auioinit to a claim, .should not be listened to for a Mr. Camphi'll to his correspondonce with Lord i'almerston. I While 1 was in En;^dand no Minister was ]ire]iosterous enouub to lend the nutliority of the p-biliivi'mnienl to the cupidity of the Hudson's l!ay Company in this ]i.n'lienlar. I think yiai k! l;iil ill the Dejiartment of State a eojiy of a very short letter of none tvi Lord I'alnu'rston, f-iii:; liiia a chart of those waters as drawn by (an' own Coast Survey. 1 thii k in that letter 1 ■"iii'il llie centriMif the Straits (if Haro as the boundary. That chart wo\dd sIkjw, by the depths ■vrtinuiuM's, that the Straits iil' Haro are tlie rliaiiiiel inti'iided in (he Treaty, even if there had not i:ili-liiirt uudei'standiii;!- (Ill the ]iart of the liiitish Coveriimeiit, as well as ihi; American, at the il'llic sigiiiii;,r of the Treaty. Lord J'almerston, in his re]ily ackiiowledi^iiiLj tlii^ rec('i]it of the iiiiule no pretence of adoptiii;4 the wishes of the Hudson's Hay Coiiqiauy, and he never did so, ill iiiiivcrsatinii. f never had occasion in l'ai;;laiid to make any jiereiuplory stateiiieiit on the !.ln'(aiise iiothiuL,' was ever said (M' hinted there which rei[uired it; Init whenever ('oii\":-sation lui'i'ii the subj(,'i^:t, whether with Lord ralnicrstoii or with the I'lider-Secretary of the Colonial ,1 alwiiys spoke of the Straits of Haro as undeniably the channel of the Treaty, and no niemlier -llritisli (loverniiHut ever took issue with mo. In rnnniuL,' the line throui^h the centre of the ■■ii'l Ihiro then; may be one or two small islands about wliiidi a question mi,i,dit be raised, but as -iiiilii)ii;int uroiip that the Hudson's Hay Cianpany covet, the demand, if nuide, should be met at |('.it*i't .IS one too preposterous to be entertained as a ([uestion. Yours sincerely, fikld Cauipbell, Esq., (Signed) GEORGE BAXCROFT. Couimissioner, &c. I TEOn. No. 53. Declaration of Rcar-Admiml WUhs. Huro. WiiitJilii'/foih f'i/i/, Filii'iifini 10, 1872. |1\ iiiiswor to the JMemorandunr on the Haro (piestion, 1 have to slate that I have a full R"" \ ictiiria on the l.sland of Vancouver and the ['"ra.ser's Kiver, a few miles north of the ll"'-illi'l, the bou'idary of the United States and the north-west British America. The Sti'ail of li!i,ivli|. iiavigateil at all times, day or night, with ])erfect .safety, and nattm^ has conferred iqiiai ii |ii",iili| he desired to be a well-dellned national highway, between the Island of Vancouver and Ti'llwaiul intricate jiassages through tla^ small archipelago lying on its eastern side, which all are '^'H'-^ intricate, narrow in ]ilaees to a few hundreil yards, ami with very rajiid tides, One^'of [10^1 E 24 these pnssaiios, lyiv.j,' on t!;" i'i\st fil' this siunll iircliii)ela<,'o, was nnnied by mc as Kinggold ('Imnnel Im lit times culled the JUisarin Stniit ; its width does not entitle it to the nainu of a stviiit, iiiid, witli itj umny and diuigennis islets, rocks, and slioals, it is a very nisaf'e and ditlicnlt diannel to iiiivi','iiic, evel in the day time, and innxissilile, with any a.ssnrance vi safety, in the iiij,'lit time, li laimiii compared with the Strait of Haro in any jioiiit of view, and can only he iised hy small vessels scekiiiJ anchoi'aj,'e in the event of disaster aial bad or lih' iirotection in its sea-room for the largest class of vessels. The Strait of Haro, though known at the time of my sui-vey in 1841, it was m)t vi.sited, as thoii were no ves.sels engaged in tho.se waters, excejit the small and very inefficient steamer fcalluil ta "I'eaver," c(aMiiiande(l liy Captain JlcXeil, who spoke of it to me as the best pas.sage, altliougli he w3 uliliged to ]iass through tlu; Itosario jiassage on account of the necessity of seeking the small covw night, ill jiassing along the east shore towards Kraser's Iliver, to supply tlie Post of the HiuUun's 1 Coiupany, and this was only achieved twice a year. All the ves.sels now engaged in the trade from Victoria to Fraser's Uiver and the (iulf of (Icorr, invariably i)a.ss through the Haro Straits, wliiili verities my opinion, when I first surveyed it, tlwt"; W(mld become the great and only highway bi'twe(>n tlie Straits of Fuea aiid the (lidf of (leuigiii, ; such it has now become. I cniisidcr that, in the Treaty between the liritish Uoveriiiiieiii und tM I'nited .States, thi'ic is no other jiassage tliat c(aild be considered as adapted to the terms u( tiie TtnVl and both jiarties to th:it instrument must have been of like views in relation to it. All the charts us as inb.nnatioii show ;he same broad channel and superiority of the (Iulf of Haro over any otlier lint i the sea, and there can scarcely be a doubt that it was so understood by tlie Commissioiieis of hoj sides. (Signed) CHARLES WILKES, Jicor- Admiral of the United Strtlfa' .V«f,/. | No. 54. Statement of Com- modore Case on the Canal du Haru. Commodore Case to the Secretary to the Navy. Sir, Bureau of Ordnance, Nan/ Department, Fehruari/ l.'S, ]9,'i » # » » ■ * ■» 1 WAS a Lieutenaiit on board of the .sloop of war "Vincennes" attached to the I'liiteil !>tatj Expedition ccmimamled by Lieutenant Charles Wilkes, and one of the surveying ]iarty in .Inly It^J which surveyed the Canal de Haro, the main ship channel for vessels bound from the sea imrthwiij inside of Vancouver's Lsland, fia' tlie Strait of (ieorgia, Fraser's liiver, Ac. The canal is deeji, clear, and navigable for vessels of all sizes or draught. AVhile we were engaged in the survey of the Straits of Juan de Fuca and its adjacent watou, i only vessel then navigating them was the Hudson's liay Company's steamer " Reaver," wliicli \(j enijiloyed by it sujiplyiiig stores to, and collecting peltry from, its trading ports on the coast, and whiJ I am of the opinion, used either the Canal de Haro, or Straits of Rosario channels aceordiiiy iisl wlujre she was coming from and bound to. When coming from the sea and bound north for the Straits of Georgia, Fraser's River, or any jJi inside of and adjacent to Vancouver's Island, the main ship channel is the Canal de Haro, it beiiv,' I nearest ami most direct. But when coa.sting along the main land and bound north — from any "I ports in I'nget's Siaiiid, Hood's Canal, i"tc., for the Strait of Georgia, Fra.ser's River, &c., the Stniitsj itosario would be the nearest and most direct. • ♦ « (Signed) H. LUDLtlW CASE, U.S.N., Commodore and Chief of Bu mat Statement of Mr. George Gibbs on the Canal de Haro. No. 55. Mr. Cihhs to the Sceretari/ of State. Sir, 77, Wall Street, New Haven, Febmari/ 20, li?i THE superior depth and width of the Canal de Haro are fullv exhibited not only on \\i charts, but on those of our own coast survey, and I presume on tho.se of the British Coniiiiissidn mii | bimndary. It would be therefore useless too add any merely verbal statement as to that fiut, reason for Vancouver's not surv ying it was, that his obji'ct being to find a passage to the eastwarJ,! hugged the main .shore on returning from the examination of Admiralty Inlet and I'liget's .'>i)Uiiil.f thus went northward through what is now called itosario Strait ; but tliat it was known to iiim "I the charts of Quadra, is evident from his liaviiig laid it down on his chart by the name of tlie CiU'Jj " Arro " and his delineation of the whole grouf) of the disputed islands. The reason thai tluviiT .Siiujison in his voyage from Ni.siiually to .Sitka (overland journey round the world, during the }A 1S41 and 1842, by Sir George Siin]i.soii), took the same ]iassage, was doubtless because, liowevui ruu about from tiie Strait of Fuca, it is the most direct from Admiralty Inlet. The pieteuuc tltuj lliid.son's 15av Company was unaware of the existence of the Canal de Haro is as absurd as it "i* lie, were the inhaliitants of Brooklyn to ignore the jiassage between Long and Stateii Islands, iimlai the Kill van Kull as the outlet of the Sound and Hudson River to the sea. * * I Uinggold Clmnnel, 1 strait, ami, with iq iiR'l to li:ivi;^iilr, uve liiiii'. It iiiimiit ,' siniiU Vessels sffkii Strait of Haro iifliirdl navij,'atL'il, and iill'urdl us not visited, as tliej ut stoaiiuM- [calliiil th issaj^o, although he wj iiii^ thu small coves i it of tlie Hudsun's li^ ud the fiull' (if (nor; irst surveyed it, tliut Gulf of (ieupp'iii. 111 h Onvenimeiil and tl the terms of the Ilea! it. All the eharls u: ro over any other Comiuissioiiers of lio| •:S WILKES, he United Stalcn' Xiiqi.] unt,Fehrunni 13, ISTi. •he J to the I'liited Stal yiiij,' l»arty in .luly K"'-* from the sea mulhwiJ It npliears from Mr. I{. M. Martin's wc.ik nn '• the IFiidsou's Bay Ten-itories and Vancouver Is ind, r„il„]i, 1X4'.)," ])aj,'0 .'io, that " the ('hi(d' Kaclor " [sinee (Hivcnmr ,Sjr .liinies l>oui;Ias| "surveyed the Uutliitiast of Vaiu'ouver's Island in 1H4L', and, after a I'areful survey, lixcd im the |ioil of Camosack" ;v Victoria] "as tiic nmsl eliLrilde site for the Hudson's Hay ('oni|iany's faetoiy within the Straits of IV'Fuca," and further, " Mr. l)oiij,das, after in vest i;.'atim,' I he .scii'h coast of the, island, says, (,'ainosaek is ifltn,suit and convenient site for tiie estahlishment, within Tid yards of the anchoia;,'e. on the holder of itee tract of (dear land, whieii extends eastward to I'oinl donzalez at the sfaith-east end of tho Isliml," "te. No nmii who knows llovenior I)ouj;las will (diar;,'!^ him with stujiidity, nej,di^'ence, or I nut of knowledge of his own interests, and it is drawing' too niueli on human credulity to suppose that liii examinations did not lead to a knowledLie of the Strait, if he was not awarii of it liefori!. At any lj:e the Indians who freiiuunted the new tradini; jiost, eoniinj; not only from the Cinlf of (leorj,'ia, Ijohnston's Straits, and the northern end of Vancouver Island, hut from t^tueeu Charlotte's IsLmds and lieM-liflle uoithwcst coast as far as the IiU.ssian possessions, knew and pursued tlie pa.ssage of the Canal liHiiiti and that only, and do so still. With refj-rd to the channel actually in use at i)resent, I can ]iositively .state that the I'osario Strait Ijnfit fiilliiwed at ]iresent at all, hy vessels of the JIudson Hay Comiiany ; nor is the Strait of Ilaro in Isciitire leni,'th. \'ess(ds hound northward from Victoria ftdlow the latter as far as Stuait Island, and liifiiif take tile cliaiiuel hetweeii Salt S|iriii^' Island on the east and the Satiiina ^'roup on the west, Ivii^' (lilt into the (liilf of (leorj,'ia hy Active I'assajie, hetweeii that j^'roii]) and (Jaliano Island, thus IruUiiiL' olf the detour round Java Head, and takin,u an almost straight line from the .southern entrance, Ijiln' Canal de Haro, to the middle of the Gulf of (ieorgia on the 4'.lth parallel, and to the mouth of iFri-tr IJiver. This interior iiassage is ])crfeetly navigalde for large vessels, as in fact it is heyond tlu; l,>li]iniallel. Captain I'revost himself having gone through Virago Passage in Her British Majesty '.s Iqiof that name long Ijefore the Iioundary Commission was organized. There seems to exist a general mi.sap])rehension of the amount of trade carried on liy the Hudson ',s ■Lv (Juiipaiiy's or other liritish ves.sels in these waters. J'rior to the Treaty of 184(5, Fort Vancouver, l;iilii' Cuhiiiiliia Itiver, was the great depot for the receipt and distrihntion of goods for the north-we.st Iwt, as well as the interior, and the annual sliiji from London delivered its cargo there. All furs were IBiewise received and packed there for transportation. Fort Langley, on Fraser IJivcr, was the nearest ma of any magnitude. Fort Nis([nally, on I'nget's Sound, helonged to the Puget's Souml Agricultural Itoiiiimiiy, and according to the testimony in the ciuse of the Hudson's Bay and I'uget's S(mnd Agricul- |r.ral Cmnpany's Chiiins, the goods received there were jmrcha.sed of and accounted for to the Hudson's ISav Coinpanv. It never was a distrihuting post of the latter. • • » « ■ ('Signed) GEOUGE GIBBS, Late United States' Geologist, North- West Boundary Survey. No. 56. % id its adjacent waters, t ,mer " Beaver," which \^ rts on the coast, and wliiJ I channels according asl Eraser's River, or any \>\ .'anal de Haro, it heiiy ul north— from any of 's Eiver, &c., the Straits "ASE, U.S.N., ,dorc ami Chief of IkmnH Haven, February 20, 13i • * hiViited not only on Wi .e British Commisdidn cul jment as to that latt, 1 11 passage to the eastwarJ,] nlet and rugot's Suuii.lJ it was known to iiii" 'l by the name of liie CanJI The reason thai tlovi' the world, during tlif } itless because, howovd' ruii nlet. The pretence m\ aro is as absurd a,s it «>' audStateul3lauds,aml^i Extract from Letter of Messrs, Campbell and Parke to tJie Secretary of State, Washington, Febrv.~;y 3, 1872. »*»*♦♦ A JIAP should be examined showing the relative position of the Hudson's Bay Company's Estab- ^f^\^y ^^.. vessels of the L-liment at Victoria, on Vancouver's Islantl ; Js isqually, on I'uget's Sound ; and Fort Langley, w\ Fnizer Hudson's Bay Com- for; and the position of the Canal de Haro and Itipsario Straits as avenues of communicaticm between pnny V^ "'?""•'"'"'='' p three points. It would be well also to consider the relative importance of these three establish- pents ill those waters. • ♦ » » It is not at all probable that any vessel from foreign parts or from the Columbia Itiver ever did f:aiiiunicate directly with Fort Langley (on I'raser liiver) without touching at the other ]wsts on the wwiiters, Victoria ami Xiscpially. It is well known, on the contrary, that these trips of the Hudson's tivt'.iniiiany's vessels were made ])eriodically for the )iiii']ios(! of distriliuting tiio regular supplies of food tiiiierchandise for trading purposes, and recei\iiig in return tiie furs collected at the several ]iosts. p»-. hy ret'erring to the map, il will be seen that a vessel leaving the Columbia River for the foregoing ;r|mii'r 1,'iviT In IS.iX t| uiual channel. Caiiiil dc ilaio was Llii! (inliiiiiiy cljauiicl i' Inr \(iiir rniisiilrratidii and iiso J)i /iiirtiiuiit 1)/' Jiidirc, lF(i.fl(iiii/tn)i, Ajiril li, ls72.j a sl;l|p|!ie iiTpaivd and addivssud In iiic liy llfuiy II. Cidsliy, Ksi|., t'nr wIkisi; rclialiilily I aia willin.; ]I(iii. Haniihdii ImsIi, Sut'ivtai'v 111' Statu. (Signed) GEO. II. WII.LLAMS, Att„n<<;,.Un..-A Mr. C/v.-ihi/ III the Alturitiij-Gc/urdl. Sir, ir,'!.r-.s wiih iv^aid In ihr navi'4alinn nt' iinsavio Straits liy llritisii and ollu'r vessels ineviims In IsJ and wlii'lliri- this or the Canal de Jlaro wa.s the ehaniud nmst IVeiiiiently nsed np to th;it |ii and .sinee, tlu'.se lieiii;,' the eliaunels now in disimte, as to wliieli is the trne lionndaiy line mi norlli-west enast, lielwerii tlie I'liited States and (Ileal Urilain, I liave. the liniiniir to imikr Inliowin;; stiitenient, iu'efaeini,' it A\itii a lirief iieeoniit of my n]i]iortniiities tor aei|niiin;;- this inrnniiiilil and the sonrees IVoni wliieh it was derived. I was a resident ol' Washington Territory IVoin 1.^."i:) to l.'^i'iil. 1 was i'or several teiiiis a iiienri" the Territorial J.euislatnre, and, in the iliseharLje oL' niy olliiial duties, liad oeeasimi to ihnrniij investiiiate the .sulijeet of the elainis of the Hiidsnu's liay Coniiiaiiy, and its liraueli ori^aiiiziitidii/ rii,i;ct Siinnd Aurieiiltural ('oiii)iaiiy, whieli foreiu'n eoi|ioratiiins at tliat time, and for sevenil y.j id'terward, retained their trading- ]insts and estalilishments in dilfereiit jmrtions of the terrilnry. 'Il was a sniirce of ninrli enmiilaint, as tiiey elainied ]ari;e traets of unoiM-npied land, and tliii-^ iiialciiJ interfered with the settlement of tlie eountry, Tile searehinLt fur the found, itiou of these extensive elainis necessarily invi.lveil llio lii>H of nil the re^'ion west of the l!oil"i and the adjacent waters. 1 gleaned from corrotiiiratinji evidence the foUowiiig facts :—iU llie liiinil the Treaty of l,S4il, the vessels eiuiiloyed lietween Yictnria, the trading ])ost at Xisinially, nat lieail of the Snii'id. l-'nrt Laiigley on Fraser liiver, and the ntlier imsts on the northern in;w!.«'l the llndson's liay t'oni]iany's steamer "lieaver" and the schooner "Cadlmro." The Cniiil'r owned two or three small hrigs, which were princi]ially used in the trade with C'alifeiiiia aii'l ' Sandwich Islands. Kai-h year two ships were dis])atcheil from lOnglaiid, liriiigiiig nut liadiiiu' . and other sn]i|ilies, and returiiiiiu with the furs collected at the depots of Victoria and Kurt \;iiii"iii on tlie (,'nlnmliiii liiver, frnin the various trading ]iosts on the coast and in the interior, wi-J the Kncky ^Mountains. On Ihe arrival of these .sTiijis, all nf the ])osts, Imtli of the iulcrinr iiinl ■ coast, were litteil nut with what was estimated as a su]iply sullicieiit to auswer for trading ]nir|ii>iii|ii| iij) In Xisi|nally, fur that pnst and the station at (_'owl;tz I'lains, smni lifty miles smith. The cMi'i'^ liirni at this latter ]ilace was started for the )airiiose of raising grain, potatoes, and other vcgrl;il'lr-J the sup]ily linth of the norlhcrii iiosts and the llnssian possessions at Sitka and Ihe AlciiliiHi l-liij For their lireadslull^ the llus^ian .Vinericans ;\crc i ntiiely depeiideiil u|ioii this I'arm, and ill'' I 'iJ Sound Agnciillural ('nni]iaiiy liad theivfoie wilh tliem a large and lucrative trade. At Ni-i|"'il^ J large herds of cattle, wliich were slaii'^htered as rcipiired, and salted down. These provisimh «| taken on lioard the " lieaver" and " Cadlioro," and, with oilier supplies, delivered at the ]io-;ts mi li'f liiver and up the coa^t. Coming doun fmm Nisiiually, the masters of the vessels naturally, in their liip-^ '" 27 /«, JuKimrif I'.t, IS72.I * 'rii-;cr lliviT ill Is.'is, I lirili>ll rillllllllMM, ;lJ CA.Ml'r.KI.I,, niiiiliii'U ('iiiiiiii '\-i(IHJ i'. ■hiii'llnil, ji/U-il f.. 1^7 J, * II .>l.llr|:H iiiliilily 1 mil williu.; \:\IS, Aasai;es leadiii;^- inlii the I'anill de II; 11(1 is l, Admiral (then Lieiilenaiil) .Aldeii jiassed through the (' oiii|ianys lactors Iween the tri I if tl llaro ii U! United Stall's' Coast Survey sleaiiier " Aclis (iovernor De if ^' incmivers Island, rave Ijmliiiicli vahialili! information coiicernin^^ it, and evinced a ihoronuh and complete knowledyiMif its rj!i-:i and depth of water. Itoiinlns was the (iovernor hy virtue of heini; the senior child' factor of ;!ii- Jliidsnn's liny Cmiiliany. Jle had selected the site and cstalilished the jiost at Victoria in 1842. .1 iiuiii nf ;_;reat i'iieri;y, he made himself • Ciiiiipany ,„i. I). c„ vi/i,;' j,is:J infill iiialioii wliirh 1 inf V vessels prcvimis In l^ Iv u- a iiiciiii-r lad occasion lo llier"«4l| its hraiicli ori^aiiizaiimiJ ;iiiu', and for st'vcnil y^ ions of the tciriliiry. d land, and tlius iiialrtial arilv involved the \^\>A [iver to the -I'.Hh paiaM[ ;omii/ant duriii;4 "ly , 'had liceii ill t'l*' '"""I mt and Calholic tin' iilers of the lfiiil-^"iis iiavi"alion of I'liucl ^ ^viii"' facts:— At till' ti'"« post at Xisipiall.v, wy« mi the northern c.ia>t.«l '(Jadhoro." The C"i"l'^ iilo with Califovnia aii-l ' briii'.,diie- out trailmu' U' Victoria and Kelt \!>no'ii1 and in the interior, «i-J linth of the inlcrmr miuI wer for tra(lin;4 pini"'--' V mi the Souiiil ami n"^'-A aislriluition.lo take >iiii;« . iniles south. The ex..'"f toes, and other ve.u'eiaM..-.| tkaandtheAleiUrmhUI „,„ this farm, ami H'eli ve trade. At Ni^.i-ml'y 1 „„,.. These, pr.ivl^.e"Yl .liveredaLllicpo-^t-^eiil'T aiv, in lliell' li'l'" '" ''^ 'i[iiainle lith everythini;- relatin,;.; to the interests of he represented, and this involved not only a knowledge of the fur tradi tl le character ttlio Indians, hut also that of the surroiiiidin.i; ciamtiy and its iidjacent watei 111 the sjiriiiL;- of 1S.")4, on a visit to Victoria, 1 was a witness to tin; I'act that Canal de llaro -■.-till! cliaiiiiel used hy the Eni,dish vessels. At that time, ipiite a considerahli! trade had spriiiii,' n]i Xaiiaimo, in coiisei|nenci) of the workiii.e' of the extensive coal-mines at that place, which is Island, near the ."dtli ]iarallel. I was standin,-, with several (anal ile Haro the |iassa|;e to the north. I till Stern side of \'a neon vers ■ iLd' persons, watching; a lariiiie, which had inst left tl liariiour, anil niiiler ill idilij I itiwvke p the passage, when one of the jiarly If th. hoMs ill lludson's r>ay Comininy's shi]imaster) ;(i tliroiiL;ii llaro Straits tlvitiLr; Imt if she fails, sin lailia iiiii'' wav [•I'l lilidi The channel is broad, tl le straits deep, that it is lit liciii'' out at sea.' Fi lid lie llaro lE'imiixl's Inlet. i.sr.-t to ISCO, I till freipiently at \'anc(iiiver's Island, and al route to Fraser lliver. tin X iiiaimo coal-miiu he saw-mi allv that lis at 111 18.")7, the llritish steam L'ttu " Satellite he siir\eviii^ steamer rill Island. Ca]itaiiis I'revost and llicliards, commadiii'j; these vessels lat re the Ihitisli arrivei isioners to settle tin Canal de Ihi lioundary line. When tiny went to Xaiiaimo. for coal, tl ■y !'■ id 111 ]ii.'"HS oceurred what is known as the Itiver Fraser exeitemifHt, con.seiiuelit u]ioii the discovery of : that : Its triiaitaric.- l)iiriii.L; that year, 1 niadi! freijnent visits to Vict oria, ami was the F'raser liiver. Victoria wes the iH.semliarkiii.Lr ]ioint for the ocean .steanier.s from San Steamers to he used hetween Vicli hastily hiiilt on the Sound for that ]iiir]Hise; some of these Fraser L'iver were bron,uht u]) from Calihirn lUer .st eami'rs also iilieil li':;»iru llu! American towns anil l(^l«■lk■ll to till till ailil In till 're at rush of ^nld miners, the steamers, tl leir utmost ca|iacity, coulil not conwy all .seekinu passage. verv other means, therelore l-fw,itcr convcvance was, in addition, la'oi';.;lit into service — schooners, slooiis, boats, and caun Till ill' al liist adopted was entirely thron^ii the Canal de llaro; Imt tlii! steamers eventually went >U\\ V' .Vfler ,L;oiii,n part ol' t'le \i.;y up the Canal de llaro, ihey turned ii III! tli( aiaiiiicl oil the western side ol Saluriia \A \:>\, iia-sin;. into the (lull' of (ieor^ia by what is known as ■ .Active I'ass 111 1H.V,I, I was for several months on San .Tiian Tslaiid, and Ircipieiitly saw the steamers and other i Jiassin; la Island between N'icloria and F'raser Kiver. The Canal de llaro and the iieiirer rcate inside of wen: the onlv routes used; nor 1 ever see or hear of anv steamer or sailiii" \essel ItoiiiL' the ■'iild excitement 'ioiii"' from Victoria to F: i; IfenTof lliiise stirriiiii times, the master iver by the way ol any ves.se I who look jf l.'o indab ;ario Mraits In till lilt route to reac h his '.iiKilioii, would have been not only severely ridiculed, but, in all [irobability iMyiiii; iraile, liotli v hiiiidreil yards across. Worthlcssnoss of the middle chuuiiel. ■ Is iiiilv nscil liv ve;- ssel s j^oinif into San .Iiiaii Ha tl irliiiur, winch is (., nnil the Cinial de Tliiro is now, and has been lor many years, the route exclnsively used between Victcjria j and British Cohinibin. Very respectfully, lion. Geo. H. Williams, (Signed) HENKY R. CROSBY. Attorney-tieneral. No. -.11. Wlijr tli(? «(i-call('(l RoKflrio Struit wns U8«l. /Irii/i'ilifi-d'riiirdl Cinihil to /lie Assistioi/ Atljitldal-dinciud nt S((ii Fntmixro. (Ivxtriicl.) Haal-QiKti'li rs, J)c/ii(iiiiiciif <>/ /lie Cdhnnhiu, rorllniut. Sir, ii;il|y| ]iass('(l tiiroiiLih I'osarjo .Straits, liccaii.sc llicii' business riMiuiicd tbcui to touch at the insh(a'e staliMUs ufl the ('oiii|iaMV, but abiiosl in\ariably tliivaiLrb the ( 'anal dc llavo in vcluriiiMj,' to Vancouver, 'Sii,'nc(|i Kl). b'. S. IWSJW , J!rii/tiiliir-f,'(iiiTi(l ('(iiiiiiKiiiiliiiij. Description of Hiiro (^lianncl l>y Captain Kii;tiardt, Britisli Boundary Com- missioner, No. t'<. l.S.""i,S. ;,( l'ii/i.,:> id'iliini In llrilisli < 'ii/nnihin. ji,-:.^i„li,l li IhIIi Ifiiii^ix uf l',irl,'"„i,iif hi/ ciiiinini,!,/ cf Jh r MnJi-.-i/i/, JikjiisI 1l', IS.'j'.t, J''iil II, //cr/i 14. Till'! Ilaro Strait be-* lictwccii A'ancouvcr Island ami tlic ]iriucipal islands coniiiosinj; tlic Aniii^ )ielaj,'o. '■' '■ 111 the llaid .Strait, ( 'ordovii I'.ay, on llui weslern or Vancouver sImhv, ulli-i ;;(i(Mi ancbora^'c. On Stewart Island, wliicli helps to I'onn tlic casteiii side of the Strait, there aiv -uiiJ and 'land-locked hiiilmurs. easily accessdibi lo steaniers ; and amoni; the Saturna j,'roup— the wcslnq Ixaindary of the Slvail, wbei-c il enters the (Julf of (ieorj^ia — there i.s good shelter for a lleet, accussilil either to sailin.L,' vessels or steamers. No. 01. AjfiduviU cuiiccriiiui/ (he Nariijniimi oftlw Caiml de Haro. iSla(ci»i)i/n of Jirmiiii/i- .'i F. Pickr//, miiilf hrj'iuv /In- VniliiJ SlutCfi' Consul at Victoria, Vancoiivfr IslmtA on thin Vltli (hnj of Mun-li, \.i\ 1872, tmir/ii/ii/ tin Xni:iniiliv| I'll' iiisliiivc slali'iiin ^ivii\. iin- ^'vi'i^v, iiiifiiiii.^ k '\. > iiiiiiii , mill iiiii\i\. iiiiiii iiini .-^ii i i.^i i 1 1 ii:i i iii iiit: Mlidf tlie foregoing statesments; I further certify that the said (leorge Thomas Seymour is jiersonally ii'ittuto nie, and that he is a resjieetable and credible person, to whose repre.seiitatioii full faith and *lit can be given. Ill witness whereof, 1 have hereunto set my baud and affixed the seal of my ollice this thirteenth |iiy iif March, A.n. one thousand eight hundred and seventy-two. (Signed) Da\U) EcKaiEiN, Uaikd t tin- tnitli i.f tliM ''*''■"'• roiv^'ciin^' Mtiitciiicnts ; I ruiilicr (crtiry tliut llic siiil Alln'il, llciiiy fliiiM i^ iicrsoinilly Kimwii tonic, ■ mill tliat 111' is II it'sjii'i'tiilili; inul nvililili' jicrsnii, tn wIkisc n'])n.'Ni'iitiiti(iii I'lill I'liilh uinl crt'ilit nn bo },'iveu. Ill witness wlicrcnl' I Imvi^ licrriintn MiliHrrilicd my iiiinu^ mid (illixi.'d llio sciil ol' my (illitu tlif il.iy and yiMi' tirst nlidvc uiiiti'ii. (Sigiiod) David Iukstkin, ('nihil Slatia' Comul. fSi.al.) I lluo Cb pzcIuHivt' "M) trulu sinCL' Erli-(ii'l^fn.i,i tin- J//i,l>irif „/ Williinn ./. Wnill. Uiiitrd Stiid's III' Amcvii'ii, 'Pciritnry nf Wiisliiii'^'tmi, ss, 1, Williiiui .1. Wiiitt, III' tlic City nf ( Myiiiiiiii, rninity of Thurston, mid toiritnry nfiiri'>niil, il, siili'iiinly di'i'hirii ii]iiin until, lliiil I mil :i ihhsIit maiiiirr n|' llu^ iijjti of tliiity-two yi'iirs. 'I'liat 1 imium to Victiifiii, \'ir.ii;oiivi'r'M Island, in tin; sjniiiL,' nl' IS'i.S, and lor llui next I'mir ycms was ciii^^a^'i'il in stt'anilioalinj:, lictwi'i'ii .said City nl' Virtoiia, and Fiasrr's IJivcr, in I'.ritisli Cnlnniliia ; lil'ti'rn niuiitlis (.; that ]iiTiiid 1 was master, llie reiiiaiiider ]iiliit and male. In 1S(12, I eiiinmeiieed nmniiiL; lii'tuv-n Vietoria and ()lym|iia with orrasiniiai liijis rnim Vietmia to X(^\v Westminster. Utiriir,' all lliis tiiiir the Canal de llaro has heeii the niily ehaiinel used in fioilii,' Ironi Vietoiia or tlie Straits ol' Kiua, iimili. ward into the (iiilf ol' (leoii;ia, and |i]aies on tlie iinrlheni eoasl. I liiiow Imth Halo Canal and llii>;iii(, Straits. The lirst is the only one e\cr used in the larj^'e trade lietweeii I'li^et .'sound and tlie Hiiij-li t.'olnmliia mines ; liftweeii N'ietniia and the said mini's ; lietweeii .'^an Kraiiiisro and the main luiid nf Jlritisii Ciijnmjiia. It is the unly one, liv uiiirji tiie ]iea\y eoal trade of Nanaimo mines is eairinl n.'i. It is straiithler, sliorter, dei')ier, fewer rocks, less eui reiils, and is iiiueli llie safest route, [larlii'iili'ily j^'oiiiu: ihiiim,'li ill niuht or in a foy. I am intimately ari|iiaiiited with ('a)ilains MrXeil, .Swansnn, KUa, and Lewis. \ knew Captiiiii Morral in his life time, Tliry are old ea|ilains who wr,-' in the serviee of the llndsnii's Hay Ciiiii|Miiy us eiirh' as IHIii. I have talked with earli and all of ihein on these matters, as it was iiiv husiiiL',«s in learn. ' * * * * mneluscd -Ml lliL'ir .statoineiils to me justify my dceiaratiiai npiai oalh, ihal siiire fort Vii'toi'i,i V;n j exclusivi'ly for nortli- estahlislied on Vmieouver Island, this ehamiel was exilusively used in all lri|is of their steiiiims "«> trulusincL' lietweeii said Fort N'ietoria and their tradili'' iiosts north on the (liilf of (ieoi'da, mid on the iii.i.,r I cstablishnient of Fort . . , i . ■ x' .1 1 1 1 . i 1 • ; 1 1 1 1 .1 ■ . 1 r . 1 \- ,1 11 ■Victoria in 18.r.J. riasir s Jiiver. No other eliannel out tins was talked alimit li,v I'ltlier ol them. .None other IkhIi'VitI lieen used in their re,L;nlar trade siiiee fuii \'ii'toiia was esttililisju'd, w hirh, 1 iielii'Ve. on infoiiaini'n, was in l.'~!ll.'. Caiilain MeNeil told me he had lici'ii throiioh here in his own ves-il, whieh he himi'^li', | friilii lioston, hehiie he was lioiiL;liL mil \iy the Hndsnii's liay Ciim|iany and em]iloyed in the ('iilii]i;iliy'- serviee. lie alsn sjioke of ;;oiii'4' tlnou,;;h in llie steamer "Heaver," of whieli he was maslir, win.!! Ca].taiu "Wilkes was here. * * * * The Xoilhern Imliaiis always eaiiie and Went -hy ihi' same channel in their tri)is to A'iitiin'n ,iii.!| over to Wai\vs was cii'^iv^cil in ii\ ; lil'U'ini uiimllis li,' cil niiniiii^ lii'lwi'ii l)uviii;4 ill! llii^ tiiiir iivait-i (if KiuM, ii'iiili- ivii Caiiiil ami Un-'H" mill ami tla' I'liii-l' ml tlu^ main laii'i "I' uiiiii'S is i-aiii'il mi. ■Hi nailc, iiavtiiM\l!ivly ,vi.H. 1 kiii'^^' Ciii't.iu utlsi Ill's Hay riiini'.iuy il was my ^\lsiIu■^'^' „.,. Vdvt Viitmia '• ;' ;i|is 111' tlifiv sti'alin:. iv^ia, ami mi tlaMin-: Xuiu' (illii'V li.nl !■> : iclii'Vi', nil iiirnua;i;: ;i, ■s.i'l, wliicli la' 1"">'J' ,,yiMl in tlR'CniaV.aiv' i' hi' was iiiasti'V, ^vllL:! I •ir tviiis til Viiliiviaaii'l ami Umiwli'il;^!' "I' tli.'l tlii'ir trii's tn ami l'i'im| 1 wlu-ii ciimin:-; <" ^1''' itaiu W. .T. ^VA1TT. I'aptiiin Kllii. I w*" well ii«iimiiitc(l witli Cnptiiin William A. Mdiratt in liis lit'etinic. Tlii-si' wore all ,lili'ii]ilaiiis fiirnu'rly in llm (Mii|iliiy <'f the Iliidsdii's Hay ('iiiii|>iiny. Kioni their slali'iiicnls to iiu' ami 11,1111 iillirr simri'cH, sovcral nf liicm were lii-rc, if not all, lnlurii IMIO. In my cii^lit years' resilience in Viiliiria I was in ei)m|iaiiy «illi these ^'enlleinen a ^'reiit ileal, ennvei-.sinj,' \ery licely mi llie siiliject ni' j|,.;iliili(ial -1, nmtes ll]) tlii^ enasl, Iniile nl' 111 ast, \-i'. Il Wiis in the ilireel line nl' my laisiiiess In ',,irii tlii'S" mutters. I freely iMi|nireil iis In llieir knnwlei|;,'e, ami ihey Ireely rnmmiiiiieateii uilli me, I liitviM n tnlil l'rei|ilenlly hy all Ihii-e i^ellllemeli llnit llie ehalilii'l now iiseil to leai li llie llllll' ,| (ii'iii'.'ia in ^'oin;,' I'rnm Vietoria lo .Vaiiaimn, (''raser's llivcr, nr to the Nnrihern eoasi, nr in rrliiniiii;.: I (fiiu the same to Viclnria, has luen invai iahly iiseil liy the vessels oC the Iliiilsou's |;a> ('nii!|iiin\ i,iui' I'lii'l Vii'loriii was estalilisheil. « « « I iiiii also ]iiisilive thai ( 'aplain McNeil has tolil nie nn several neeasioiis ilial he iiseil lla' miiiic jiniii'l vliiMi sailiii},' a vessel I'or llie Ilmlson's liay t,'niii|janv I'lii'^ piinr lo IHIi'i. Ami I have hearil him Ink'' till' aiiie slaLeiiieiil in re^avil I'l the v<'ssi'l he limiiLrhl mil IVmn riosion, lieloie he went Into the ruiii|i(my's service. 1 am also ]Hisilive llial he has inlil me that, at'ier ^,'oin,!,' into the ('i)ni|iany's (•miiliiy, Imii,' iinturinr to Is Hi, he ]iass"il thion;^h this channel in the steamer " lieiivei'," nl' which 1 i-w,n caiitaiii, uhmil the tiiiii^ < 'a|ilaiii VVilkus maile ]m survey nl' thesi! waters. * •■ (.Si},'uuiimony whereof I have hereunto set my hand and alli.xed the seal of the Court this IHili day 'iin-li. .\.i). 1872. (Signed) JiisKi'il II. llovamn^f, CIr.rk of SupiriiK Court, Washwgton Tcriitory. (Seal of the Supreme Court.) ;,nd Territory aleiv^aii i,.d States, a-eil tinlv-'i^ ,„„tinueiltoiesi.U'lh.->^^ ,ctnriiilli'^Vutmw^'"] ,,, ,,,,yaml.uyh'HH •a I'v the steam aii'l ' ''^ 'positively, ami «;.il'>"] ;.,lothe(;uifnf(-;;i „st fourleeii yeav» 1 l';;l Fraser's Kivev, )ii '"'"-J \vas ever used. ,ustou,C■aplumLe^^•^'"' ExiracU from the Affidavit of James &. Lawson. Initd States of America, Territory of Washington, ss. ' 'laiaes S. Lawson, A.ssistant United Slates' Coast Survey, and at present a resident of (llyK)iia, Btyi'l'Tliurstoii, and Territory of Washington, do solemnly declare upon oath that I am a nalive- 'itizeii of the I'nited Slates, aged forty-four years. That 1 came to the western roast of the '.'■ilStutt's in June LSriO, in the coast survey, and have been engaged in the same from that time to l*.si:nt in all capacities, from aid lo assistant in charge of a jiarty. From ]8r)2 to IH.'il), both "'ivc, 1 sjient each working sea.siui in the survey of Straits of .Tminde iMica, Canal de Haro, Itosarin it-, (iiilf of (ieorgia to t'Jth parallel of north fatitude, and Admiralty Inlet, and since 18G6 I have ■I'liiiuiiieutly located in this .section, with a residence at Olvmpia. • • • » • ' « fl08J 89 iiipl Aadiriu on the OtBal Kioiii swi'iiil ycnifl (if siK li cxiicrii'Mcc iind service I nMOTi tlif iXTPnt stiporinritv nf tlic (.'nnnl,L "" Ijiii'd iivi'i- till' KoHiiriip Slniit ns u Mlii|i ( limiricl, m iliiiiiin'l ol iiii\ rlmniclci, (li'|i||i i,| \siiiii'. wjili), ilirccliicsH, mill I'r loin (mpiii nlisinictidii'', rncks, \i', 'I'lic ciiititim urn Mlroii^' in ImiiIi, Inn .,,s , ,| rllMlllli'l llli- Cilliiil ill' lliil'ii is ijcrliiciliv Miipi'iior. Wliili' woikiii;,' ill the (iiill' nl' (li'iir;,'iii in |,S."iH nini isTpit, vcsscIm ImhimiI IVoim Victiiri:i i.i fnncrii liivcr, Niiiiiiiiiio, nv rmiliri' iinflli, iiivnriiililv iiiiuli' iisr iirCaiml lie lliirn; in liirt I liuvi' mvcr hi';iri|i)l II niii^'lc iiMtiinri' 111' II NrMHi'J .sailing' IVmn N'iilipiiii sinrc l.^.'iL', wlini I uiiinc to this siTiinn, i,\,,[ j,,,,!,,,!! fur iinv III' till' iiliiivc-riicntiiini'ij |p|iiii's. iiiiikiiiL; iisi' of liiisnrjii Siniii, My I'Njii'rii'iiri! Iiiis .slinun i|u till' liiiliiiiis iif ilic iiuitli-wi'sl ciiast always niaili' iisi' nf tin' (aiiiul ile llnni, iin tlicir visits tip Victorii ami I'i'tiirniiii'. Wilkes surTcyn Caiia! tie Hiiro ill 1841. TlieMeamcr "lliiivci" towcil the ship " Co- luinbiii" tliiipugh Haro ''huniifl ill 1S4.'>. (Si-jiiwlj .IAS, S. I.AWSON TiTiitipry nf WiisliinLrtnn, Cnnnty of Tlinr'^toii, ss. I'.i'l'nic nil', .liisi'|i|i II. Ilnii^liidii, ( 'Icik nf llii' Siipivnii' Cniirt nf siiiil TL'iritnry, rnnic .Imiiuw , l.awsiin, will), lii'iiiL,' lirst iliilv swnrii, iliil ili'|iiisi' ami say, tlial lir hail raii'l'iilly iTail tim fnrcijdiii.r ^(ij^ iiii'iil, anil kiii'U till' niiiti'iil-i ihrirnf. lliiil llii' '^aiiir hmi hi'i'iiilirlali'il liy him ; ami that sn iiiuili dung IIS was stali'il I'l'niii his nwn kimu li'il^'r wiis line, ami so iniuli tlirri'nf as was stalnl mi iiil'Mriii iij,,ii |J vi'iily liclicvi's III 111' liiii'. In li'stiniiiiiy whi'ii'iif T havr hcri'iintn srt my liaml atiil alli\i'il the seal of llic sniil (,'iiurt this li;tU liny nf Miifi'li, All. lH7l'. (.Sijtii(!il) .losin-ii ir. U'li-i-.urrw. f'/,rt 1/ Si'pri iiic Court, Washinijton Tcrrituni. I'Si'iil of till' Siiin'i'mc C'niirt.) AjlhlacU of Tlwmas McManuH. I'liitcd Stales nf Anicricii, TeiTiton' nfWiisliintjton, S9. 1, 'rimmas Mi'Manus, nf tiie city nf 'i'liwiisi'iiil, cnitiity nf Jcfrerson, nnil Torritni'y nf \Vii.