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AmvAL AmiBmB
Washington Pioneers
Jims 7, 1800
a:
if" 1
BY
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«rtnl0is o. ik. HAKvt^^ab
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' -'PI
Boundary Disputes
With Our Northern Neighbors
SETTLED AND UNSETTLED
ANNUAL ADDRESS
RKFORB TUB
WASHINGTON PIONEERS
JUNE 7, 1899
BY
JUDGE C. H. HANFORD
LOWMAN * HANKOBI) STATIO.NKHV AND PlMNTING (JO,
Seattle, Wa»li.
^Md^^^^Z^ -Tt ^M.^^^^^^
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Anna;! Address Before the Washington Pioneers
JUNE 7th, 1699.
UV JUIMJK V. II. IIANKOKU
i;
Less tlian Hixty years ago tho title to and sovereignty over
all the territory then euUed Oregon and now comprising the /
states of Oregon, Wasliington, Idaho and that part of Mouiami o-^ nti^'*^'*'*^
west of the siunniit of the Kiwky m<nintains and British Colnni- f (J
hia, was a aid)jeet of eontention between the governments of tlie
I'nited States and Great Britain. Tiie first negotiatiims for
the settlement of the honndary between British America and
t!ie territory of the United States west of the Kocky monntains
having resulted in failure, it was provided by the third article
of the convention of October 20, 1818, between Great Britain
and the Ignited States as follows:
" It is agreed that any country that may be claimed by
either party on tho northwest coast of America, westward of the
btony mountains, shall, together with its harbors, bays, and
creeks, and the navigation of all rivers within the same, be
free and o])en for the term of ten years from the date of the
signature of the present convention to the vessels, citizens and
s"I)jects of the two powers; it being well nnderstood that this"
aj:reement is not to be construed to the prejudice of any claim
which either of the two bigh contracting pai'ties may have to
any part of tho said country, nor sball it be taken to affect the
claims of any other ]K»w(>r or state to any part of the said coun-
try; the only object of the higb contracting parties, in tbat
respect, being to prevent disputes and differences amongst tbem-
selves."
Otbor attempts to settle definitely and finally tlie dispnted
bonndai-y were made in 1824 and 1820 and in 1827, and were
unsuccessful. In tho latter year the agreement of 1818 was
renewed for an indefinite period, except that it was provided
that either government might annul the agreement after Octo-
ber 20, 182s, n])on giving twelve months' notice to the other
contracting party. Under this agreement, until the treaty of
185835
June IT), 1810, Orf'<;(»n wns in a Ic^nl soiiso in tlio joint, occu-
(uinoy of the citizens and snitjccts of tlio two countrirs, and
.!niMn^ this jwriod of joint occnpanc.v tlw IlndsonTlJay Com-
pany and its co-ad jntant, the i njict Sound Afjriodtiiral Com-
pany, cstaMislicd nnnicrons trading' posts and forts and wcn^
.ictivc and nntiring in cndcavorinj; to monopoli/.c all trade witli
the Intlian trihes and to nniintaiu in that part of the territory
north of the ('(dundtia river exclusive contnd in the hope that
it inijii;ht Iw held i)ermanently as Hritish soil. The ajicnts an*l
factors of the JIn<ls<»n^l>ay Company \ver(> usually ^raciotis and
a('c<»inmodatin^' to American travelers an<l emiijrants arrivinji;
at their estahlishments; nevertheless they were adroit and
zealous in their efforts to carry out the ])olicy of tlu'ir master
to ])revent Americans from jinininj; any foothold north of the
('olund)ia river, althoufih by the terms of the conventions of
I HIS and \S-27 ecpial jtrivilegcs in the whcde and everv j)art of
the territory claime(l l»y both countries west of the Uocky moun-
tains, and in the waters and harliors thereof, was guaranteed
alike to American citizens and l>ritish subjects. The p>vern-
niont of (inat Hritain had juranted to this company the exclu-
sive rijyht to tra<le with the Indians and obtain furs and skins
within the limits of a vast extent in British America, iucdudinji;
all the territory west of the Kocky mountains, and to nniintaiu
that --'luable monopoly over as much territory as it coidd |)os-
sibly cover the em'rfiies of this com])any were exerted to tho
utmost. The United States government claimed as the proper
boundary an extension eastward of the line afj,reed upon by a
treaty between the United States and Uussia, and afterward
confirmed by a treaty between Ifussia and (Ireat liritain as the
southern boundary of the southeast part of Kussian-.\merica,
now called Alaska, that being the line of 54 degrees 40 minutes
north latitude, but in several attemi)ts nnule ])revious to the
treaty of 1840 to settle the dispute, had offered to compromise
by extending the line between Canada and the TTnitecl States
territory east of the Rocky n»onntains westward to the Pacific
ocean, this line being the f(n"ty-ninth parallel. This extremely
generous offer was alwavs rejected and was met by a counter
prop<isition that the Columbia river from the intersection of
its most northeast branch with the forty-ninth i»arallel to the
ocean should be the boundary, and that the river should be
always free and open to tbe ])eople of botb countries; and that
the TTnited States should have a detached ])iece of country
fronting the Pacific ocean and the Strait of Juan do Fuea and
coiiipriscd within the [UTticnt (•<- 'itics of (Miillain, .IctTcrsdU,
( 'licliillis iiikI Miisuii, Mild tliilt tlicrc sliMiiM We tree t<> tlir I'liiU'd
(States iiiiv I'acitic coast luii'lior on tlu> iiiaiiilaiid or N'aiicoiivci'
island south of the t'orfy«ninth jiaralh-l which our governniont
ini^dit sch'ct.
The contciiti(.n for sovereignty did not deter the hardy
Ainericaii jiioiieers of the \V»'sl t'roni enii^ratinf; t<» Oregon.
.Iniinediatelv after the acquisition of l^oiiisiaiia h,v purchase
from Napoh'oii. the t'xjiedition of Lewis and Chirke was sent
hy the lirst •^reat advocate td" the i(h'a of American expansion,
J*resi(h'iif 'I'hoinas -letferson, to trace the ;''reat river of Oregon
from its source, and explore the count rv through which it flows
to the sea; the cxi>lorers were followed hy trappers and fur
traders; after them came the missionaries, and tlie\' were fol-
lowed hy farmers and mechanics, who were accompanied on
their long and perilous jouriH'V hy their families, for they came
to settle down jiermanently upon the soil and to set up and
maintain the institutions cd" the American re])uhlic. The con-
ditions created hv diplomacy, however, prevented our govern-
ment from extending American laws or exercising governmental
rtuthority within the territory prior to the treaty of 1S1(». Our
government kept faith. The pioneers helieved in their own
capacity for self-government, and although they were ever true
In their allegiances to the I'liited States, their necessities ns-
quiretl that they should have laws and the governmenfal inn-
chinery necessary to preserve good order and protect individuals
in their rights, and to this end, without waiting for the sanction
of the national government, they j-et up a provisional govern-
ment of their own, which was maiutained from the year lH4!i
until superseded hy the territorial government proviiled hy the
organic act passe([ hy congress in the year iM4H. 'J'liis pro-
visional government was participated in hy British suhjects and
was respected hy the IliidsoiilJlJay Company, hut only to a lim-
ited extent; south of the Coliimhia river its laws could ho
'Hiforced, hut not so on the north side. The Iludson'sliay Com-
pany was itself a government, and in some respects very tyran-
nical, and besides the British home government was not so
punctilious as the United States in ol)servance of the spirit as
.veil as the letter of the conventions providing for the joint
occupancy of Oreg(»n, for in the year 1821 ])arliament ])asse(l
an act reguhiting the fur trade in Tiritish America and hy the
same act asserted civil and criminal jurisdiction over British
subjects engaged in the fur trade in Oregon. The conditi<JU8
♦wistinp; jnst |>ri<»r to tlio trcnty of IRIH arc sliown In Mio ff)n()W-
inX extract fntiii the first iiiiiiiial iiicssaf^c to con/jii'css hy I'l'csi-
dciit .lames K. I'olk:
" Bcvoiwl all (Hicstion the ])rot('ction of «»ur laws and our
jurisdiction, civil and criminal, onjilit to he immediately <'X-
ten<led over our citizens in Orepm. Tliey have had jr.st cause
!o complain of our lonjj: ncfjlect in this particular, and have in
ronse(pience heen compelled fur their own security and protec-
tion to ostahlish a provisional povernmeut for themselves.
Strong in their allegiance and ardent in their aita-hment to the
United Slates, they hav(^ heen thus cast upon their own re-
Hources. They are anxious that (»ur laws he ex^ende<l over
them, and I r(>commend that this h(^ done hy con{:;re!:*s with as
little delay as ])ossihle in Hie full extent to which the IJritish
j)arliament has proceeded in regard to liritish suhjects in tho
territory hy its act of .Inly '2, 1S21, 'for refiidatin;*: the fur
trade and estahlishiuju; a criminal and civil jurisdiction within
certain parts of North Auu-rica.' Jiy this act Gn'at Britain
extended her laws and jurisdiction, civil and criminal, over her
,'uhjects engaged in the fur trade in that territory. By it the
courts of the province of Ui)pcr Canada were empowered to
take cognizance of causes civil and criminal. Justices of the
l)eace and other jiulicial ofticers were authorized to hv ap'pointed
in Oregon with power to (>xecuto all process issuing from tho
courts of that province, and to * sit and hold courts of record
for the trial of criminal oifenses and misdenu^anors ' not nuulo
the suhject of ca])ital punishment, and also of civil cases where
the cause of action shall not ' ex(!eed in value the amount or
sum of £200.'
" Subsequent to the date of this act of parliament a grant
was made from the ' British crown ' to the Iludson'sliay i\nn-
])any of the exclusive trade with the Indian tribes in tlie Ore-
gon territory, subject to a reservation that it shall not operate
to the exclusion ' of tho 8ubj(>cts of any foreign states who,
under or by force of any convention for tho time being between
us and such foreign states respectively, may be entitled to ami
shall be engaged in the safd trade.' It is much to be regretted
that while under this act British subjects have enjoyed tho
protection of British laws and British judicial tribunals
throughout the whole of Oregon, American citizens in the same
territory have enjoyed no sucli protection from their govern-
ment. At the same time, the result illustrates the character
6
of «»ur people and tlu'ir iiiHtitntioiH. In spite of lliis nefjleet
tliev liave iiiiilti|)lie(l iiiul their itiiiithei' is nipitllv iiiereiisiii^
ill tliat territ<»ry. Tliey Imvo niude no ajtpeal to arms, Imt
liave peacefjillv t'ortiHed lliemselves in their m-w hoines hv the
a(h>ption of repuhlieaii institutions for themselves, furnishing
another exjiniple of the trust tlu't self-^oririMuent is inherent
in the American hreast and must prevail. i is duo to them
that they should Im' endiraeed and protec^ted l»y our laws."
Immediately after the pritvisiomil uvoniment hii.l he<n
perfe<'N'd, in the year 1S4,'), the Icfjisiatiire seiit a iiiemorial to
eoiij^itss, settinji; forth the true eouditi<*n of Uic^ iidnd)itants.
This was j)resented to the I'nited States senate hy Thomas II.
]ient<tn, and in his introductory renujrl^s that great America?*
statesnum ])assed the following encomium upon the memorial
and the pioneers who drafted it :
" These j)etitioners stated that, for the preservation of
ord(>r, they had among themselves established a provisioiud and
temporary government, suhject to the ratification of the United
States government. 'JMie petition s<>ts forth, in strong and
respectful language, arguments why the citizens residing in
(hat section of country should be protected for the |)ur|)ose of
]>res<iving their rights, an i also as a means of jtreserving order.
The memorial was drawn nj) in a nuuiner creditable to the
body by which it was presented, to the talents by which it was
<li(rtated, and to the ])atriotic sentiments which jx'rvaded it;'
and the application was worthy of a favorable consideration
for its moderation, reasonableness and justice. As the Iwst
means of spreading tlu^ contents of this petition before the
country, and doing honor to the ability and enterprise of tli'ose
who ])resonted it, he moved that it be read at the bar of the
senate."
I have qiu^ted Benton's .''ords to prove that the pionoeirf
were not a lawless class of people, nor ignorant nor disl|
They did not forsake their homes and sck freedom in tho^'
derness to escape from persecution or oppression. They «i,
simply American expansionists, who in the long ago had wwli
to believe that the American republic was destined to rule the
American continent; tliey had discovered that the land was
good, the climate salubrious, the scenery grand, and that all
the natural c(mditions were conducive to health, prosperity and
hai)piness, and they eauie to Oregon to be the founders of the
new states.
The bounclary as finally agrootl to and (loscril)Ofl in tlio
treaty of 184(5 was proposed by Lord Aberdeen, who at that
time was the British secretary of state for foreign affairs, and
his offer was snlmiitted to onr secretary of state by the British
minister at Washington. The lino follows tite forty-ninth
parallel westward to the middle of the channel which separates
the continent from Vanconver island, and is drawn tlience
sontherly throngh the middle of the said channel and of Fnca's
straits to the Pacific ocean. President Polk submitted the
offer so made by the British government for consideration hy
the United States senate, and pursuant to a resolution of the
senate it was accepted and the treaty was very soon afterwards
eonsunnnated. The president and his cabinet felt that we
were surrendering a large and valuable territory to which onr
title Avas perfect. Bobert J. Walker, secretary of the treasury
in the cabinet of President Polk, protested against the treaty,
and in ISOS, whicli was after the purchase of Alaska, in a letter
published in the Washington City Chronicle, he explained the
transaction as follows :
'* We own now the whole western Pacific coast from
Lower California to the Arctic sea, except British (\diu)d)ia,
which (against my earnest })rotest in the cabinet) was ceded to
England in 1840. I sav ceded, for our title to the whole of
Oregon, from the forty-second j)arallel northward to Bussian-
America, was in truth clear and unquestionable. British Co-
hnnbia was lost to us by the most unfortunate diplomacy, ex-
tending through a long pcu'iod of time."
Why Ave so willingly yielded it, ^[r. Walker explains in
-he following:
" The opposition to the acquisition of Louisiana was goo-
graphical and anti-slavery. In 1821 Texas was relinquished
partly from geographical, but mainly from anti-slavery, oppo-
sition. In 1845 the opposition to the annexation of Texas was
base(|, m'hinly upon anti-sla\ery grounds. In 184G, in connec-
tion ^ith the unfortunate action of preceding administrations,
Oregon, north of the 49th parallel, was lost to the Union.
While the history of annexation in the United States shows
various obstacles by which it has been retarded, yet the chief
among these Avas the discordant element of slavery. Thus it
Avas that, Avhile the free states to a great extent opposed the
acquisition of slave territory, the slave states opposed the
acquisition of free territor3\ But for these opposing princi-
I
I
plos, our area would be far pjroator than it 1*8 now. On extin-
guishing' shivcrv, wo have removed the |)rin('i|)al cause which
retanh'd annexation. We see already tiie good etVects of the •
diaa[)p"aranee of this institution in the almost unanimous vote
of the senate hy which the Alaska treaty was ratitied. liefore
the extermination of slavery that treaty would hav( heen de-
feated upon the same ])rinciple that Oregon north (d' the 4!Hh
])arallel was ceded to J^ngiand. * * *'' (()mitti:ig ([no-
tations from letters |o President Polk).
" This correspcmdence needs no comment. Tt is due, how-
ever, to my late excellent friend and chief, .lames K. Polk, to
say tl'.at lie wjis most sincen^ly desirous of retaining the whole
of Oregon, and only abandoned it when he arrived at the con-
clusi^/U that congress would not sustain him in the measure.
'' It is due to the secretary of state, James Ihu'hanan, to
say that he yielded with great reluctance to the sacrifice of any
portion ot" Oregon."
Whether JNfr. Walker's statement may now he accepted as
the truth of history, or regarde(l as a mere excuse for the action
taken cojitrary to the pledge ujjou which the executive power
was entrusted to President Polk, is at least an open (]uestion.
T will not take time to discuss it now. Taken either way, Mr.
Walker's explanation serves to empliasize the fact that our gov-
ernment was generous in dividing Oregon by a line pro])os(Ml
by Lord Aberdeen. It was supposed that when this was done a
])erpiexing controversy, which was started <luring President
Jeffe.'son's administration, had been brought to an end, but
scancdy had the ink used in signing the treaty time to dry
before the Hudson Bay Com|)any renewed the agitation, and
soon there wx>re rumors that the British would insist up(m a
construction of the treaty which would give them the group of
islands known as the ITaro archipelago, this to be e^ectcvl by
drawing the line from the point where the 40th parallel crosses
the middle of the channel which separates the continent frcmi
Vancouver island to the eastward of the archipelago and then
take a southerly course through Kosario strajt, instead of tak-
ing the dirert southerly course from the line of the 4i)th paral-
lel through the (^anal I)e Ilaro. That contention was not
finally silenced until the year 1873. Tt is not extravagant to
say that probably it cost our government as niuclL to maintain
our rights under the treaty of 1840 as it would have cost us to
retain the whole of Oregon up to the line of 54-40. Wlien the
first rumor of tliis elaiin was sot afloat, our minister at the
court of St. .Tames, lion. George Bancroft, nnuie inquiry con-
cerning it, with the result that the impression became fixed
ui)on his mind that it was only the lludsonSBay Company that
was trying to claim the islands and that the home government
would not sui)port any such contention. However, we were not
left long t<» our dream of peace, for with the first proposition
made by the liritish minister at Washington in January, 184:8,
for a joint conmiission to fix definitely the water boundary,
there was submitted a draft of instructions to the proposed
connuission to draw the boundary line through llosario strait.
The suggj'stion for joint instructions was not assented to, but
in 1S.')(1 commissioners were appointed. The American com-
missioner was left untrammeled by instriictions other than the
words of the treaty, but the British coumiissioner had to act
under instructions from his government to claim the middle of
Kosaria strait as the proper line, and in case of failure to se-
cure the assent of tlu; American commissioner to that line, then
to propose as a compromise a line through an intermediate
channel which would giv(! San Juan island, the largest of the
group, to the British. The claim and the ofi:"er to compromise
were both rejected. When asked to define the grounds upon
which their claim rested, the representatives of the British
government answered that it was based upon the peculiar
words of the treaty, taking the middle of the channel, which
separates the continent from Vancouver island, instead of
adopting phraseology consistent with the idea of separating the
smaller body from the greater, that is, separating Vancouver
island from the continent. In this we have a rare specimen
of the refinement of the tweedle-dee tweedle-dum argument.
These distinguished diplomats gravely assumed that there
could be a difference between the middle of the channel which
separates the continent i'voux Vancouver island and the middle
of the channel which separates Vancouver island from the con-
tinent. The only evidence as to the intention of the contract-
ing i)arties offered in suj)port of this remarkable theory was
the fact that in drafting his proposal to be submitted to the
United States, Lord Ab(>rdeen at first thought of mentioning
the Canal De Haro spc^cifically by name, but had rejected that
form of words and had deliberately chosen the words which I
have quoted, a fact which, if it proves anything, proves that
Lord Aberdeen himself had the (\iual De Haro in mind as the
jH'oper boundary if the British were to be permitted to hold all
10
of Vancouver island, and that, ho considorod th(> words choson
to be the exact equivalent of a specific inference to the Canal
l)e Ilaro by name, and so it will appear to any one who con- •
siders the question with the map before his eyes. Of course,
the connnissioners were unabh,' to complete thier work. Pro-
ceedings of the county officers of Whatcom county to enforce
payment of the taxes ass(»sscd upon proi)erty of the llubson'J
Bay Company situated upon San J mm ishmd, became the basis
of an enormous claim which that company preferred against
the United States government for damages, in consequence of
which the county officers Avere subsequently hauqx-red in
enforcing the laws upon the island by instructions from Presi-
dent Pierce to Gov. Stevens. P>ut notwithstanding this at-
tempt upon the part of our national government to avoid all
occasion for disturbance of peacefid relations, the issue was
forced in the year 1859 by a threat on the part of an agent of
the Hudson Bay Company to arrest an American citizen on
San Juan island and take him to Victoria for trial for having
killed a pig belonging to that company, which had annoyed
him by I'ooting in his garden. The American offered to pay a
reasonable price for the pig, but he prepared to resist arrest
with force and arms, and in response to an ai)peal from his
neighbors made to Gen. Harney, then conunanding the mili-
tary department including Washington territory, for protec-
tion, that resolute American officer ordered (^apt. Pickett to
move his company of American soldiers from Bellingham bay
to San Juan island and to protect the American citizens resid-
ing there from molestation by British officials. Capt. Pickett
very promptly moved his company over to the island and i)re-
pared to carry out the further instructions given to him by his
superior; thereupon Charles James Griffin, an agent of the
TIudson^Bay Company, notified him that the island on which
his camp was pitched was the property of and in the oc(!upati(Mi
of the Hudson'^Bay Company, and demanded that he and the
whole of his party should immediately cease to occupy the
same, and threatened to proceed against him as a trespasser in
ease of his refusal to comply with his demand. Pickett after-
wards immortalized himself by leading the Confederate troo|)s
in their great charge on the bloody field of Gettysburg, but he
first gained renown by his defiance of the British lion on San
Juan * and. lie said in effect to the agent of the irudsonTBay
(\)mpany and afterwards to the captains of the British war-
Bhips Tribune, Plumper and Satellite, that he came to occupy
11
l!l'.!
^
tlic island with liis ooiiiinand piirsiiiint to an order from his
coiniiiaiidiiiji; gt'iicral, and that he wctuld remain there until
recalled hy the same authority, and he gave them all to under-
stand that an atteuipt to plaee a Jiritish military force on the
island would surely precipitate a conflict, for he would not con-
sent to even a temporary joint military occupancy, nor recog-
iiiz(! any goverlimental i)o\ver u[)on the islanil, save tlie govern-
ment of the United States. The movements of the JJritish fleet
indicated a pu''i)ose to drive I'ickett from the island, hut (ien.
lljirncy, although an old man, wi;s not afraid to slioulder tlu^
responsihility of meeting aggressions in a way that might i)re-
cipitato a war with (Jreat Britain. lie met the demonstrations
ot the fleei by sending a larger body of troo])s to the island
un<ier command of Col. Silas Casey, who, after the landing of
his {Mtmmand, sent an apology to the conunanding officer of the
liritish vesselsfor not having landed under the guns of their
ships, protesting that n(» discourtesy was intended, hut a storm
iiad nnide it necessary to land on the oppctsite side of the island.
In this-situation matters remained until (ien. Scott, under in-
structions from th'" president, arranged for the joint military
'tccupancy of San Juan island, which continued until the linal
termination of the dispute. I'nder a pr(»vision of the treaty of
Washington, made in the year 1S71, the question of the {jroju'r
c(»nstruction of the treaty of 1S4() as to the water boundary
between our territory and ]iritisli (^)lum])ia was sid)mitted to
I'jnperor William I. of Germany for his decision as arbitrator,
and his decision, rendered in 1S73, was in accordance with the
))lain words and meaning of the treaty as everybody had under-
stood it, from the time it was agreed to, that is to say, the
American title t<» San Juan island and the whole of the llaro
archipelago Avas affirmed. After the emperf r's decision jiad
been announced and duly certified to the two governments,
nothing remained to complete the adjustment of the Ixtundary
(|uestion excejit for the I5ritish soldiers to withdraw from San
.fuan island, but they seemed to have invited themselves to
still tarry on American soil, for tliey did not move until Klislia
i'. Ferry, governor of Wasliington territory, notified tliem
ilrndy ami peremi)torily to withdraA\;^>I^Tt was a game of bluff
I'rom the start, and it is anni/.ing that the British ministry
should have ever been induced by the Ihidsctn^Bay Company
to play with such a hand.
T hav(» spoken of the ])olicv of the Uudson^Bay Company
prior to ihe treaty of 1840, to keep Americans from gaining a
12
foothold north of tho roliiinhia river. T will now cito ouo
instance showing- tho behavior of the ediapanv's rei)resentativert
towards Anieriean inindp-ants. In the fall of 1S44 a iarj^e
l);;rty of Auiericaiis arrived and canipeil at \Vashoui>al, on the
i.ortii side of the river, ahove Vancouver. The i)art\- included
a nund»er (»f tho inctst prominent fiii'ures in pioneer history,
.inionii' them heinji- (leorji'o Ilnsli, from whom Ihish ])rairie, in
Thurston county, took its mime; Mr. Jesso Ferf^uson, who, I
am f^lad to say, is now with ns on this platform, and ('ol.
Michael T. Simmons. Ihish was a colored man, hut very intel-
Jificnt and thrifty, and a generous character; he had rendered
valnahle hnancial aid to s(mio of his fellow travelers on the
journey, and ho always connnanded the respect of those who
knew iiim. IFo came to Oregon, oxpecting to enjoy greater
]>rivileges than wore accorded to people (d" Ids race in Missouri.
It was his intention to accomi)any his friend Simmons to the
Kogue river valley, in Southern Oregon, and settle there, hut
he found himself proscribed hy an act of the provisional legis-
lature, forbidding negroes ami mulattoes from living in Ore-
gon. Sinnnons, for one, was not willing to desert him under
the circumstances, and he decided to reconnoiter Pnget sound,
with a view to changing the destination of his jjarty and set-
tling in this region, should the country appear to be inviting.
Acting on this impulse, he ap])lied to the lludson P>ay ]>eople
at Vancouver to rent a hous(! for his faunly to live in during
the wititer. He was received with courtesy, but he did not get
the house. The company's agent would hav<' treated him gen-
erously, as they did all newcomers, if his destination had been
anywhere soutii of the river, but they refused flatly to shelter
his family unless he would abandfm the idea of coudng to
Pnget. sound. Simmons at once com]»rehended thotr reason tor
their attitutio, and his resolute spirit was aroused. The fact
that the company ol)jected to the presence of Americans on the
north side of the river wat. !n his estimation an additional rea-
son for executing his jnirposo. lie resolved to come, and come
he did. For lack of provisions and facilities he failed in his
first attempt to cross from the Cowlitz river to the lieadwaters
of Pugot sound, but undaunted, he ])ersevor(Hl, and finally, in
the fall of 1845, he and his i)arty overcame all obstacdes and
made the first settlement at and near Tumwater. All honor is
due to Simmons and Bush and Ferguson, and the intrepid ])io-
noers of their class, who rendered services to our country oi tho
greatest importance, by refusing to be crowded out of any por-
IS
tlon of Oregon torritory. Tlioy loft our statosmon no pretext
i(,r surrendering' Pujict soiuul, on the ground of exclusive occu-
jiiincy of the country by JJrtiisli subjects. The administration
a. \Vashiiigt(jn coukl not haul down the Stars and Stripes after
ibe pioneers had set our flag on these shores.
Jia])j)ily, .the greed of the Hudson SBay Company has
ceased to menace the peace of nations, but all disputes with our
northern neighbors over boundary lines have not been setth^d.
In the year 1<S(!7 we purchased Alaska and all its coast line,
islands, bays and inlets, with a clear and undisputed title, and
tlur boundary between that country and Britisli Cohnnbia
cU'arly defined by the convention between Ivussia and Great
Britain, uuuU' in the year 182."). Xo (piestion as to the ])roper
construction of tlie treaty «u' location of the boundary had ever
been suggested and exchisive possession was given to us peace-
ably, and we retained it peaceably' until after the enterprise of
(tur citizens had nuule good ])rogress in unlocking the wealth of
tliat northern country. Tiien our Canadian neighbors began
nuiking changes in their maps. 1 lie liouudary, as defined in
the tliird and fourth articles of the convention of 1825, is
described as follows:
" Commencing from the southernmost point of the island
called Prince of Wales island, which lies in the ])arallel of 5 4r
th'grees 10 minutes north latitude, and between the llJlst and
IJJI'xl degrees of west longitude (meridian of Greenwich), the
yr.id line shall ascend to the north along the channel called
Portland channel, as far as the point of tlie continent where it
sirikes the r)(Uh <legre(> of north latitude; from this last-men-
tioned ])oiut the line of demarkaticm shall follow the smnmit
of the moiuitains ])arallel to the coast as far as the point of
intersecti<m of the 141st degree of west longitude (of the same
Lueridiau) ; and finally, from the said point of intersection,
the said meridian line of the 141st degree, in its prolongation
as far as *ho Frozen ocean.
'^ IV. With reference to the lino of demarkation laid
down in the ])receding article, it is understood —
" First — That the island called Prince of Wales island
cOiall belong wholly to Russia.
" Second — That whenever the summit of the mountains
which extend in a direction parallel to the coast from the .'^Oth
degree of north latitude to the imiut of intersection of the 141st
14
.
clo£];roo of west lon^itiido sliall provo to ho at tlio (listaiioo of
iiiort' tluri ten iiiariiic Icaji'ucs I'roiii tlic ocean, tlio limit iM'twccii
the Dritisli possessions and the line of coast which is to lu'lonj^
to Ivnssia, as above mentioned, shall be formed by a line jiaral-
lel to the winding's of the coast, and which shall never exceed
the distance of ten marine leaf>nes tluM-efrom."
This description of the boundary lino is about as clear and
froo from ambiguity as it could possibly bo made in the Kn-
^lisli language, and Senator Charles Sunmer was entirely
justified in saying, in his great speech advocating the ])urchase
of Alaska, that: " I nn\ glad to begin with what is clear and
lu'vond (pu'stion. I refer to the boundary fixed by the treaty."
In tho year 1821 tlio Russian emperor, by his ukase, excluded
foreigners from pursuing commerce, whaling, fishing and all
other industries within 100 Italian miles from tho coast and
on the adjacent lands, down to the Hist parallel. By the treaty
made with the United States in 1<S24, and with Great Britain in
1825, Hussia relincpiished her claim of jurisdicticm south of
the lin of fiftv-foui- forty, but secured in unmistakable terms
confirmation of her claim to the entire coast north of that line,
and tho key to the correct reading of the description of tho
boundary in the convention of 1825 is to be found in the words
*'■ tho limit between tho British possessions and the line of tho
coast which is to belong to Bussia, as above mentioned, shall
be formed by a line ])arallel to tho winding of the coast." To
make it perfectly clear that the coast lire in its entirety and in
its integrity should belong to Bussia, the range of mountains
parallel to tho coast was fixed upon as a natural boundary, not
f'le foothills and spurs nearest tho coast, but tho convonti<m
specified ^hat the lino of domarkation should follow the sununit
of the mountains, ^lie object being to secure to Bussia only
enough land adjacent to tho coast to constitute a fence, which
thould preclude any chance of the British ever gaining any pre-
text of a right to the ])ossession of any seaport, it was consist-
( ntly with this object provided that if tho summit of tho moun-
tains should bo found to bo more than ton marine leagues dis-
tant from he ocean, then and in that case, instead of the sinn-
mit of the mountains constituting tho boundary, tho limit of
the coast line belonging to Bussia shall be formed by a line
parallel to and not a greater distance than ton marine leagues
from tho winding of tho coast. It is important to notice that
tho line Prom which tho distance is to be measured, and which
is to bo parallel to the boundary lino, is not tho shore of the
16
'iccan Tior tlio f^ononil ccnirse of tho coasl^ lino, but to mako
aissiiraiu'i' doiiMv sure, the linssiaiis stipulated fur a liuc;
parallel to the wiudiiiUH of the coast. And it is also to
he renieuihered that the words of important pajx'rs lik(3
international treaties are to he uiulerstood as havinj;' heen
earet'ully seleeted to express the exact nieaninji' of the i)ar-
ties to such a^reeiuents. 'I'he words ocean and coast are
i»<»t svuonvnious, and ay used in the convention hetweeu
Russia .lud (ireat Britain they refer to different objects.
Senator Sumner and the world had a right to snpiM»se that
the most ingenious (juibbler would never bo able to provoke;
discussion as to any (juestion in regard to the correct reading of
this treaty. IJut without a pretext of right on their side, the
('ana<lians juive succeeded in involving <»ur government in a
diplomati(r controversy M'ith Great Britain over this boundary
line. At first the claim was set nj) that the coast line should be
/trawn outside — that is, to the seaward — of the chain of islands
along the coast, and that in place of the line np the Portland
channel, specifically named in tlio treaty, the boundary should
go np Behm canal. By nniking these few changes the Cana-
dians vv'otdd have crowded Uncle Sam entirely off the uuiinland
south and east of Cape Spencer. That idea, I Ixdieve, has been
abandoned, and tbo latest Canadian pretension "which I have
heard announced is that the arm of the sea called Lvnn canal
in fact ])enetrates into ]?ritisli territory; that is, within the
line which follows the summit of the nunmtains, so that, taking
the crest of the nujuntains as being the boundary line, l^ynn
canal is territorial watcsr within tlu! confines of Canadian pos-
sessions. Manifestly this claim is logi(!ally unsound, and it is
jdiysically impossible to sustain it. I say physically impos-
sible, because the s^unmit of the mountains is so high above
tid(; level that the canal cannot fl(tw across a boundary Avhieh
follows the summit; and if the canal divides the mountain
range and penetrates the interior through the numntains, then
it nnist necessarily break the continuity of the boundary line.
TS'o, if the adjacent mountains are not more than ten marine
leagues from the ocean the boundary must follow the summit
around the head of the canal, instead of stretching across from
the crest on one side of Lynn canal to the crest on the opposite
side, be(%anse the treaty says " follow the stimmit ; " otherwise
the boundary must be laid parallel to the coast line and at a
distance not greater than ten marine leagues from it, which will
])lace it near Lake Heniu'tt, where the Kussians held the line to
be before they sold the cotintry to us.
16
-•■ How can wo hriii"; the controvorsy to an end without a
sncn'ticc^ It irt to aid in solving this prohloni that I have vo-
c'itcd the history of the controversy with rctcrencc to Oregon-
and the San Juan ishind ind)roglio. But the reeital is not eoni-
plete. It remains to he toh). how Lord Aherch'en was l)rought
to make a proposal to our government in whieh he ahau<h)ned
tiie British eontention for the (\»lumbia river boundary. In
»he presi'lcntial campaign of 1H44 the Democratic ])arty de-
clared itself in favor of holding all of Oregon to the line tifty-
four-forty or tight, and on the faith of that pledge the Xorthern
states gave enough votes to Tames K. Polk to defeat IFenry
Clay. The congress elected at the same time, in fultillment of
the pledge, passed a resolution directing the ]>resident to give
the notice recpiired to terminate the agreement f<^r joint occu-
pancy. The president accordingly gave the notice and with-
<lrew our offer to compromise on the forty-ninth parallel. On
tne 22d day of ^lay, 1S40, Lord Aberdeen acknowledged re-
ceipt of the notice in London, and on the 15th of June the
treaty Avas consummated in Washington. As this was before
the existence of the Atlantic cable, you see, results came
swiftly when the Americans showed a disposition to be ilr^n
in maintaining their rights. There could have been no trouble
over San Juan island if there had been no such temporizing
policy as ap])eared when President Pierce instructed Gov.
Stevens to restrain the county officers from collecting taxes
and enforcing laws on that island. From the history of the
])ast we are taught the lesson that so long as diplomatic discus-
sion can be kept \ip, and Avhile the United States can be in-
'hiced to assent to the joint occupancy of her own territory,
ihese controversies cannot be brought to a close. We must
make a compromise and a sacrifice, or else, by submitting to
arbitration, invite some outsider to give a shave of the territory
and the commercial advantages, which are rightfully ours, to
the Canadians, or else we must do what, under the circum-
stances, is the right thing to do ; that is, to end the discussion
by withdrawing all propositions which our government has sub-
mitted and rejecting all which have been made to us, and retain
die whole of Alaska and its waters, ■which are now in our pos-
session, and say no more about it. Our right is perfect ; we
are in j^ossession ; it would be foolish and wrong to sacrifice
or submit to arbitration the birthright of American citizens
who now inhabit the cities on Lynn canal. Three years ago T
heard the lord chief justice of England, Lord Russell of Kill-
owen, in an address before the American Bar Association on
17
114
I
\
v;
J^-
tlio siihjort of iiit(>rnatif»nnl Ir.w nnd nrbitrntioii, speak tlio fol-
]<t\viiij»' Words; '* Friend as 1 am of j>ea('<', I \void<l vet aiHnn
t'lat there luav he even greater eahiiiiities tlian war — the <lis-
Jionor of n nation, the triumph of an unrighteous cause, the
pc'rpetuation of hopeless and debasing tyranny.
"War is honorable '
' In those who do their native rights maintain,
In those whose swords an iron barrier are
Between the lawless spoiler and the weak,
lUit is, in those who draw th' ofiersive blade
For added power or gain, sordid i»'id despicable."
" _Men do not arbitrate where charactei* is at stake, nor
will any self-respecting nation readily submit to arbitration on
questions touching its national independence or affecting its
honor."
And less than a year ago I heard our honored ambassador
at London, Joseph II. Ohoate, in an address before the same
association, lend the power of his eloquence in approval of the
hamc sentiment. Said he: " Yon will remember that only two
years ago in this very presence the lord chief justice of Eng-
land in his admirable disconrse before you on arbitration, de-
clared, with your unanimous approval, tliat there may be even
greater calamities than war, and that national dishonor is one
of them." It is neither necessary nor wise to suffer American
citizens who have acquired rights on Lynn canal, in the same
v»-ay that the pioneers of Oregon acquired the right to be ]iro-
tected under the American flag, to be continually harassed by
negotiations which may e\ontuate in their being turned over to
the cold charity of a foreign power. The American cities of
the Pacific coast, entitled to enjoy the advantages of trade with
the gold-producing region of the Xorth, are also entitled to
some consideration.
There is no question of peace or war involved ; the
British will cai*ry on diplomatic discussion indefinitely if we
permit. I do not question their courage to fight ns if we give
them just cause for doing so, which I hope we never may, but
^vith no basis in right for such action, they will never attempt
to dispossess the Americans on Lynn canal by force. The case
might have been verv different if the Canadians had ever been
permitted to occupy Skagway or Dyea or Haines with a mili-
tary force, but in 1897, Gen. T. M. Anderson was sent with
the Fourteenth infantry in time to head off a movement to steal
a march upon us in that direction.'^They took possession of
ground which is ours between Lake Bennett and the summit,
IS
Imt we hold the coast line, niid we should just kcc)) what wo
have and stop talking ahout junviii^' uj) any part of it. It would
he a blunder on the part of President MeKiuley's administra-
tion which ])osterity will never forjijive if, while seudiiifr Amer-
ican S(ddiers to fip:ht and die in nuiintainin^' American s(»ver-
cignty (»ver distant islands, the soil and the seaports in our own
possession and the commercial advantages whi(rh their posses-
sion insures shall ix- ceded to Canada, or lost through any lack
of firmness in maintaining our just rights, Far he it from mo
1o utter a word in disparagement of the course jmrsued hy tho
adndnistration with respect to tho Philii>pine islands. I ho-
Hevo that events have placed (mr government in a position
where it could not, witlutut ahsolute cowardice, do otherwise
than use the power of rhe government as Presi<h'nt McKinley
has Ijcon using it during the past year, 1 am in favor of hold-
ing the IMiilippiiu' islaiuls, at least until there shall he such
change of conditions as to indicate that we uuiy safely leave tho
in(ud)itants to govern thomsolvos, and that it will ho our duty
to do so, ,iml I am also in favor of holding all of Alaska and all
<)+ its harbors. And, more than that, I want tho Ignited States
g'>veriuuent, without further delay, to provider a good govorn-
niont for the people of Alaska, Bosid(>s the rights inci(iont to
the mining and fishing industries, and tho linos of transporta-
tion which servo thorn, all of wliich need the protection ot roa-
Eonablo laws, the inhabitants have congregated in towns and
cities, families are there, and so far they have been left without
rhe ]iower of legislating for thomsolvos, without efficient courts
of justice and without means to provide revenue for maintain-
ing a police service, or i)rovido protection against fire, or sup-
ply of wholesome water, or school facilities, or tho things noces-
sary for tho preservation of tho health of the people, Congress
•provided recently for extorting taxes from tho inhabitants of
Alaska, for tho benefit of tlM national treasury, but without ac-
cording to those poojdo either the right of representation or ju-o-
tection. Tn aid of commerce lighthouses and life-saving stations
should bo provided at tho expense of the general government
aiul tho coast survey should bo oxtondod. Such benefits when
provided are not only locally advantageous, but tend diro(!tly to
promote national greatness. Petitions for those necessities nuiy
not nieot with favorable reception at the hands of members of
congress representing districts which have boon long accustomed
h r prnvid nd nt tlin mippu nr of l li i n. i i ll | i l ^im i ii i me ni .tnd Ih u
c oast survey should he oYtondotl . Such 1w > n t> fite -- whn pruvid rtf-
nre not only loonlly aduuilagcuus, but tend di r e Gtht J:Q_prmaotg_
1&,
hyf^*r\j>,jAAjLfKj
itH'<' t w itfffnrrrnrhtrTrrt^^lHHt ut- th u l>u » « U of mom L<m v uf <' » i r
^j^^H' H H r cprp w r n tin p : rliw t riHi^ wlii x i t li uv w U w u* l n ^ >^; m N M >i 4ni i n ><t-
to receive nil iiiKlnc share <»t" approprintioiis from the national
trcasiirv. We kni»\v l»y cxpcricnci' how n'(|U('rttrt of this iiatiiro
H'Dt in from the m t< 'ri*»r have hccn misunderstood, as if the
peoph; who preferred thoni were inero beggars, never satisfied,
but always ealHng for more. I remember to hav(^ heard when
oir [>i(»neer friend, Judge .laeobs, was (h'h'gate t»» congress,
that on one occasion his rej)r«'sentations of the needs of this
section were answered by a congressman in this numiu'r — the
3r. C. saitl: " These territories are just like s|)oih'd cliihlren,
they are always crying for what they should not have. They
deserve to be spanked." This class of obstructionists only try
our patience. They may retard, but they cannot ])revent the
growth of (!ommerce or th(! upbuilding of new states. Ours is
the iu'st .'iovernment on earth. The sense of justice is strong in
tiie American pet)j)le, and when tliis sentiment shall havi^ been
appealed to, they will insist that congress shall do right by tho
jK'ople of Alaska. My confidence was strengthened when I
read, in the rej)orts,of Memorial day exercises in various
])laces, the renuirks made at Brooklyn by Gov. JJoosevelt.
After referring to existing conditions in Alaska, lu^ said:
*' Every good citizen should bow his head in shame that siu'h a
reipiest should be made because of the neglect of the United
States government. Let oyery nuin do all in his power, and
' with all his force, to sen that every colony over wbicli the flag
waves be governed so that tbe people will believe it to be a great
thing to live under that flag."
As my conchisitm to this address I will offfM- some resohi-
lions wbicb it will please me to have tbis Association of Wash-
ingtoTi Pioneers adopt :
" Kosolved, By tbe pioneers of tbe state of Wasbington,
assembled at their annual reuui(m, that Ave comnuMul to the
attention of all the people of tbe United States tbe sentiment
ex])resse(l by Gov. Tvoosevelt, of Xew York, in bis address on
Inst ^^feinorial day, in favor of good government for Alaska,
and all Americ4in colonies, and that our tbanks ai'e hereby ten-
dered to bini for bis declaration on tliat snbject.
"Resolved, That the United States should bold all of
Alaska, including its harbors, witb boundaries as we received it
from Tfussia.
" Resolved, That the people of Alaska are entitled to bave
good government inaugurated speedily, and we ask congress to
so provide."
20
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