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HAKvt^^ab .Si ' -'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.^^^^^^ ,-^ y^^w^*^ ^ /^ 'ff^ 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 mr 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 JInay Company \ver(> usually ^raciotis and a('c<»inmodatin^' to American travelers anritish subjects. The p>vern- niont of (inat Hritain had juranted to this company the exclu- sive rijyht to tra 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 conditiri<»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- tencommend 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 her, 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 ]>resre 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 unI^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 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 intersectines 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 1resident to give the notice recpiired to terminate the agreement f<^r joint occu- pancy. The president accordingly gave the notice and with- rnatif»nnl Ir.w nnd nrbitrntioii, speak tlio fol- ]ea('<', I \voidpine 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 Presiveriuuent, 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 N M >i 4ni i n >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 til: «^. ,^« >'^^yyJ.f iw d ^1' ' s* i?.i? •". i f* '■'*'■ Hi: *?J'> !f Vy M .V .i' '?■..■" ,». f ««1.4 .V 'i\. t^4 r A. (l-v > %iJt^ ^^' i tW< t^ ^ lirt': ■<■>■* ■■'.Vrti