IMAGE EVALUATION TEST TARGET (MT-S) 1.0 I.I 1.25 I^IZB |2.5 ^ 1^ 1 2.2 1^ lia IIIIIM 1.8 1.4 % Va /: 7 4V^ Photographic Sciences Corporation A iV :1>^ \ A o^ '^^ 23 WEST MAtN STREET VVSLSTER.N.Y. 14580 (716) 872-4503 (meaning "CON- TINUED"), or tha symbol y (meaning "END"), whichever applies. Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large 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 imagas suivantas ont At* raproduites avac le plus grand soin, compta tenu de la condition at da la nettetA de I'exemplaire film*, et en conformity avac las conditions du contrat de filmaga. Les exemplaires originaux dont la couvarture en papier est imprimAe sont filmAs en commandant par le premier plat at en terminant soit par la darniire page qui comporte une empreinte d'impression ou d'illustration, soit par le second plat, salon le cas. Tous les autras exemplaires originaux sont filmAs en commenpant par la premiere page qui comporte une empreinte d'impression ou d'illustration et en terminant par la darniire page qui comporte une telle empreinte. Un deit symboles suivants apparaitra sur la dernid re image de cheque microfiche, selon le cas: la symbole — »■ signifie "A SUIVRE", le symbole V signifie "FIN". Les cartas, planches, tableaux, etc., peuvent dtre filmAs A dea taux de reduction diffArents. Lorsque le document est trop grand pour dtre raproduit an un saul clichA, il est filmA A partir de Tangle supArieur gauche, de gauche A droite, et de haut en bas, an prenant le nombre d'images nAcessaire. Les diagrammas suivants illustrent la mAthoda. 1 2 3 1 2 3 4 5 6 tlCO) I 1). Reasons for a public confirmation of the title to the lands pur- chased in 1791, by certain American citizens ^ of Indian chiefs, on the Northwest coast of North America. The memorial of George Barrell and S. V. S. Wilder in behalf, of themselves and others, now before Congress, prays for a con- firmation of the title, above raentioned. A ortion of the land is situated on Quadras Island which, by the treaty of 1846, was conveyed to Great Britain. Several of the tracts, being comparatively of great value^ and within the British jurisdiction, it behooves the claimants to request of the government, a recognition of their rights on that Island. Other lands, there are, situated south of the northern boundary of Ore- gon ; and of course, are within the jurisdiction of the United States.* The whole territory claimed to have been purchased extends along the Pacific coast from the 47th to, nearly, the 61st parallel. In a report made upon the subject in the Senate of the United States, in 1852, is the following statement ; and a just one it is. " From the 47th parallel to the 51st, beyond the northern limit of the purchases, is about four degrees of latitude, and is in the opin- ion of your committee, undoubtedly, the location of the tracts purchased of the Indians, and claimed by the owners with the admission of the British navigatorg and authors." A brief description of that portion of the Island, which is em- braced in the purchases, may not be wholly uninteresting to the friends of the claimants, if so be, they are the friends of justice, and of the rights of man. The tracts, there purchased, comprehend an area of 2500 square miles ; and have a shore of more than 100 miles in extent, which is indented with harbors as easy of ingress, and as safe of an- M. ■"LAy ,i ^ I ( chorage, and in all respects, as convenient for shipping as can be found on the eastern shores of the Pacific. Their general aspect is truly charming — variegated with rivers and lakes, hills and dales and dark woodlands, with other such things as contribute to the charms of the beauteous landscapes of nature's inimitable painting. The forests are richly interspersed with oak and pine, and abound with lordly trees. That part of the Island intersected by the 49th parallel is particularly spoken of, in the "Journey Round the World,"* by Sir George Simpson, "Governor-in-chief of the Hudson Bay Company's territories," as being a fine country. That book, page 160, remarks " The neighboring country comprising the southern end of Vancouvers Islandf is well adapted for colonization ; for, in addition to a tolerable soil and a mod- erate climate, it possesses excellent harbors, and aburdance of tim- ber. It will, doubtless, become in time, the most valuable section of the whole coast above California." On some of the tracts are localities of lime and coal. These useful articles of commerce are found at the sea-side, where ves- sels are, now, receiving cargos. Finally, it is said by those who have had good opportunities to know about the tracts, that they possess great natural advantages for agriculture and commerce, and furnish excellent positions for manufacturing and commercial towns ; and the foundations of some such towns, it is understood, are, now, being laid. There is not on all our Pacific shores, a fairer coiuitry than that about De Fucas Sea ; and a more val- uable one too, taking into consideration forty or fifty years of oc- cupancy by a people like the enterprising and industrious yankees. The valley of the Sacramento and declivities of the Sierra Ne- vadas with all their gold-producing capabilities are not exceptions. Any estimate made of the claimants' lands on the Island, less than $8,000,000, would be unreasonable. Prior to 1840, the author of this book collected the evidences of the purchases ; and in that year, prepared the Congressional '^ That book was published and ready for the public immediately after the settle- ment of the " Oregon question," and the conclusion of the treaty of 184(5. I'rob- ably, it was written one or two years before that event. The author, unquestionably, was a lover of truth. He had stated, that the " Puget's Sound Agricultural Asso- ciation" was composed, exclusively, of persons belonging to the H. B. Co. implying, there was really no such association ; and, it is believed, the assumption of tlie name was to afford a'plausibla pretext for a claim to the possessory rights which were recognized and confirmed in the treaty. It is difficult to understand how the men of that British company, under the convention of 1S18, could acquire a just title to any lands in Oregon. fThe reason is obvious wTiy a certain Boston merchant suggested a boundary line which should bend round the southern end of that Island. ( \ a nan I document — Ho. of Rep., No. 43, wliicli describes the situation and extent of the several tracts, and shows them to have been fairly purchased of the Indians. For the last twenty years, he has talked, wr'.en and argued much upon the purchases; and has suffered * greatly on account of them. The descriptions of the tracts on the Island as given in the deeds, are said, by those unfriendly to the claim, to be vague. This is a mistake. They are sufficiently definite to indentify, within a single rood, the boinidaries of the several tracts. The geometrical figure, length of the sides, and diameter of each are given. The only thing doubtful about them is the precise iden- tity of the points of the centers. The latitudes and longitudes of those points may not have been exactly determined by Capt. Ken- drick. Nautical instruments, in his day, were more imperfect than now ; and astronomical observations could not be accurately made by them. Latitude was seldom determined within three miles ; and longitude within six or eight. The claimants have a sure way of ascertaining the precise centers. It would make, however, no material ditFerence should they be established a few rods this or that way. To illustrate — the Clyoquot purchase is described in the deed, as having its sides 18 miles N. 18 miles S. 18 miles E. and 18 miles W. of the village of Opisitar which is the center, and in lat. 49° 10' N. and long. 126° 2' West. The enquiry is, after the center of a village which is clearly described in the his- torical accounts of the early voyages to tliat coast. The deeds taken south of the 49th parrallel were lost ; never- theless, there is much evidence to satisfy of the situation and ex- tent of the territory covered by them. They were taken in the name of the owners ; and Kendrick, doubtless, felt less interest in them than in those taken in his own name ; and, therefore, neglected to transmit them with the others to Mr Jefferson at the head of the State Department. As to the validity of the purchases — It will be recollected, that '■'Wliilc it is nnt strange the H. B. Company, first seeking to prevent the ruin of their tradiuji monopolies in Oregon, and afterwards, io parpctuate possession of the Island, should bo so bent on his destruction. lint it is wonderful, the combined forces of the most powerful of wicked men, and the powers of moral darkness with them, should not have long before this terminated his earthly sojourn. Wonderful, — feei)le and unsustained, comparatively, by mortal help, he should have succeeded in bringing about that ?■( It was said by British authority in answer to a petition presen- ' ted to the crown by the E. 1. Co. asking a confirmation of the title to lands purchased of Indian Chiefs — "In respect to such places as have been acquired by purchase or grant, your Majesty's letters patent are not necessary. The property of the soil in- vests in the company, subject only to your Majesty's right of sov- ereignty " see p. 40. ^^vr^' ^ ~ ff The report further states — "and a purchase thus made by him " (the individual discoverer) "of the natives would, it is conceived give no title as against his government unless made with the pre- vious consent of the latter," or, (the report omits to state) beyond the jurisdiction of his nation. Now, has not the validity of the purchases been clearly and fairly provedPf Would any sound jurist in all this enlightened country, say, it has not been? If, then, it has been, consequen- tia seqiiitur the title should be publicly confirmed, and possession of the land should be given, or a reasonable commutation be paid the claimants. As to the confirmation — A British subject, Captain John Meares, in 1790, the year previous to the*purchases, stated in a memorial to Parliament, that he had been dispossessed by the Spaniards of certain lands purchased of Indian Chiefs on the N. W. Coast, His government, in answer to that memorial, unhesitatingly, it ap- pears, admitted the right in him to make for himself the purchase ; and promptly and peremptorily demanded of Spain possession to be given to Meares — not to the government but to the subject. It turned out that Meares had purchased no lands. The British and " It is supposed by some, particularly hunters, that Indians have no riphts; and may be hunted down, and otherwise treated, as are wild beasts, — that cruel- ties, however terrible, may be practised upon them ; but they have riy/ils and souls and feelings, like other men. The liorrors of war, among enlightened nations, are nothing compared with the horrors of the intercourse between white men of civil- ized lands, and the red men of the wilderness, among whom the former roam. Cruelties on the part of Indians, — savage cruelties as they are called, are mercies, compared with the wonted massacres by the British and American hunters, upon that oppressed race in Oregon. tit is the policy of those friendly to the cause of the H. B. Company, whenever they speak of these purchases, to ridicule the idea of their validity. On all occa- Bions, without assigning a single reasop., they deny it. * 7 r— T I 1 6 Spanish commissioners Vancouver and Q,nac]ra appointed to carry into etFoct the provisions of a treaty wliicfi had grown out of the affair, could find none ; hut, they found extensive tracts which had been pnrciiased by Capt, John Kendrick in the same portion of Country, and of the same Indians. Q,uadra, governor of the colony which two years before, had been commenced at Nootka, and acting for the crown, allowed the purchases made by that American citizen, and thereby, confirmed the title to the lands ; and Vancouver at the same time, expressed no misgivings as to Kendrick's right to purchase ; and, in the last volume of his voy- age he speaks of tliem as having been fairly acquired. Reader, let us reason together upon this matter ; and nnderstand the ])rinciples of justice and of the oracles of God involved in it. Kendrick and the owners had undoubtedly, a right to purchase at the time, and of the people they did; and that right was natu- ral to them. And the government, at all times, has a right to prescribe laws for maintaining order in, and regulating the affairs of the society which her citizens compose; but, with her, it is wholly acquired] and, only acquired in the institution of sovereignty, in which she finds no right to control or limit the actions of her citizens in a foreign and unknown land — to regulate their inter- course with the people of a land beyond the reach of her sover- eign authority ; and, having none, any law enacted by hei relative to such intercourse would have no force. Civil law should be founded on justice, and have authority as a characteristic in its nature. Without these, it can have no force. That a law prohibiting the purchases would be wiXhowi justice and authority is obvious to any man* who candidly and freely TH-^^ons upon the subject. Legislative power with a free people is arbitrary. It is limited by natural rights, and in some other re- ., ^ts. As a provision was made in the treaty of 1840, with Great Britain confirming rights to lands claimed by her subjects on the American ^side of the boundary ; so a similar provision should have been made in respect to the rights of American citizens on the British side : And, now, certainly, nothing would be more reasonable, especially, after so long a delay, than, that possession of the lands on the northern side, be demanded for the claimants ; and of those, on the southern side, possession be given them; and '* Uneophistieated men, in the humble walks of4iifo, arc often better juilj^os in the.su ijiattoi's thau even some of the most learned legislaturjis : because the latter make a, wrong use of reason — because of their understaiuTinjrs becoming vitiated by the frciiucnt perversion of truth, and constant study and efforts after ways and means to gratify desires for honors, riches and self-aggrandizements. ^ i } ^y •^ iV -*■ f .I..K.J i .vJ". Great on the liould ius on more session |naiits ; and jilges in lio lattur Ivitiatud lays and that our government see to it that they are put into the possession and enjoyment of their iiilicritancc. In view of the nesiect to make reciprocal that provision, the government should be tlic more ready to do tliesc things. The pubUe document states — *' the jurisdiction and title has passed to Great Britain," and "there remains no power in this gov- ernment to confirm the title." Unhesitatingly, may it be stated, that no title to lands belonging to individuals was passed to Great Britain by the treaty. No, not a jot or tittle of the title in ques- tion was so parsed. An individual is not in that maimer to be dispossessed of his property. A man's rijfjB^o property justly acquired is from his Creator ; and is for him Wenjoy till by his own voluntary act he puts it away; or, in the Providence of God, it is taken from him. Inter-^ national treaties cannot take it from him. They are negotiations wholly relative to public allairs. In the conveyance of territory, they convey only what is national — public rights and not private rights. They can neither alienate nor abrogate private rights. If, therefore, the claimants' title was good before the public con- veyance of Q,uadras Island to Great Britian, it was good after- wards ; and remains good imtil something is done by themselves to impair it ; and the American and British nations are under sacred obligations to respect it. The claimants consist of a numerous and highly respectable body of citizens, and of needy widows and orphans, all anxiously looking to Congress for protection, and for that measure of justice which is their due. They ask the government to secure to them, from the grasp of covetous and evil minded men, their rightful inheritance ; and, with the same even handed justice as she treats others, so to treat them — as she rewards others who have rendered meritorious services to the country, to reward them, the heirs of those who no less than the best of others, were public benefactors. But it is said "there remains no power in the government to confirm the title." What has so much reduced her great power? Surely, the treaty took from her no power to do a thing so just, and so much desired, and which it is her prerogative to do. Finally if the view of this subject be correct, then, let the voice of reason be heard ; and, let justice respond ; and principle and truth triumph. Let the government meet her obligations to her worthy citizens ; and protect — if needs be^ at any hazard, and in the plenitude of her power, protect them / :^{pA'^L^ 71 . v-> .v-Tj