^. ^^ IMAGE EVALUATION TEST TARGET (MT-3) 4 ^ >. K ^ ^■/ ■i< ■^>t^ e ^^4^ ^ ^ 1.0 1.1 11.25 Uim 125 Ui l&i |2.2 lio 12.0 lU 1.4 11.6 otI^ ^ '/ r ^4 Photographic Sdences Corporation ^^^ 73 WIST MAIN iTHIT (716)*th of February, and proceeded at once to collect all such itifornmtioii within my reach as might contribute to a proper understanding of th« mviiniiig of the language of the treaty, and aid in the execution of the work hitriiHtml to mo. Lieutenant Parke was instructed to organizea party and proparo a Hiiitiibln outfit for the prosecution of the survey along the 49th parallel of north iHtitndo, from the western termination of the boundary lino on the Quif of Ooorgln to the Rocky Mountains. By direction of the department I also mode nti urninge* ment with the Superintendent of the Coast Survey for the employm«uit of Uie surveying steamer Active and brig Fauntleroy, and the ofHcern and AHMltttnntii attached thereto, under the authority contained in the fifth Hoctlon of tho act organizing the commission, to make such hydrographical surveys im might be required to aid in the demarcation of the water boundary. Having lenrnod that the British commissioner. Captain J. C. Prevost, of her Mnjesty'0 ittOAiiHir Bate!* lite, had left England at the close of December, and might be expucted to reach the Straits of Fuca in the month of June, I hastened preparatlon« ai much as possible, to meet him at that time. On the 20th of April, witli the party as far as organixod, I loft New York, and reached San Francisco via the Isthmus of Panama on the 15th of May, Captain Alden, of the United States navy, commanding the ' ActivD," rftported to me that he was preparing the steamer for sea. During tho time reriulred for that purpose the organization of the party and outfit for the Rurvey or tho land boundary were completed. The "Active" being ready for sea on tho 17th of June, we started on that day for the Straits of Fuca, and arrived at Victoriti, the seat of government of Vancouver's Island, on the 22d, and thoro luarncd that the Biitish commissioner had arrived in the neighboring harbor of E»qui« malt on the 12th of June. On the 27th of June the joint commission held its first official mooting. We exchanged credentials and exhibited our respective instructioufi, by which it appeared that we were mutually invested with full powers to carry into ciTect tlie first article of the treaty of June 15, 1846, so far as it rolatofn to the water boundary* — the powers of the British commissioner being limited thoroto, and to the determination of the point where the forty -ninth parallel of noitli latitude intersects the eastern shore of the channel separating the continent from Van- couver's island. In accordance with the act authorizing the commifiHion, my iniitructions empowered me to determine and mark the entire boundary line between the United States and the British Possessions, as described ill tho first article of the treaty. Captain Prevost stated that Captain Richards, of the navy, tho chief «»trono- nier and surveyor of the British commission, in command of Intr Miijosty's steamer Plumper, was on his way to Vancouver's Island, but could not bo ex- pected before September, having only left England at the close of tho month of March. In the instructions which Captain Prevost exhibited to mo, ho i« de>*lg- nnted as first commissioner, and Captain Richards as second cummiMHicmor ; but the powers of commissioner, as I understood Captain Prevont, would only devolve upon Captain Riphards in case of the death of the firtit cominiio^loner, and the title was only given to provide for such a contingency ; h\n ordinary duties being those of chief astronomer and surveyor. The steamer Satellite not being prepared for surveying operationH, Captain Prevost informed me that he could do nothing toward the determination of the water boundary until the arrival of the "Plumper," and after a snrvoy of the channels and inlands between the continent and Vancouver's Islind and a chart of the same could be made by the chief astronomer and surveyor, 'I'hb work having in a great measure been already performed by the officers of tho United States Coast Survey during the past three years, and the charts having been I ' See Bubsequeut coreespondeuce relative to powers of coiMinlHMionura, thil for hy om on tlie tioii withhi ling of the MUu] to too. tnhln outfit h Utittiilo, (ioorgin to III urrnnue- imt of tlie nnnhtnntn of the act N might be I'Ariied that liner Batel* Dd to reach Ai much at ew York, li of May. reported to iqiiired for r the land le 17th of it VIctoHrt, re learned of EaquU ling. We ' which It into effect the water ereto, and h latitude from Von- ln^ion, my dary lino I the iirot f flHtrono- M(i jetty's ot 1)0 ex- month of » in desig- ner ; but uld only tii«»ioner, ordinary » Captain HI of tho ly of the d a, chart his work e United ing been ISLAND OF SAN JUAN. 9 publiribed, I was prepared, without delay, to enter upon the settlement of the questiun, and so informed the British commiesioner. 1)1 « « m * * In consequence of an accident to her machinery, which detained her some time at Rio Jane'ro, the steamer Plumper did not arrive at Vancouver's Inland as soon as she was expected. Captain Prevoat awaited her anival until the close of October, when he concluded to enter upon the determination of the boundary line without further delay. The joint commission met on the 26tli day of October, and Captain Prevost, expressing his regret at the continued absence of Captain Richards, stated that ho had had opportunities of verifying the general accuracy of the Coast Survey chart of the channels and islands between the continent ami Vancouver's Island, and was willing to adopt it for the purpose of determining the boundary line. We therefore proceeded to the discussion of the subject, which resulted in a correspondence, a copy of which is herewith transmitted for your information as embodying fully <»ur respective views in regard to " the channel which separates the continent from Vancouver's Island ;" through which, according to the treaty, the boundary line is to be traced. From a perusal of the correspondence it will be perceived that for a portion of the distance between the forty-ninth parallel and the Straits of Fuca, we disagree as to "the channel " referred to in the treaty ; the British commissioner claim- ing Rosario Straits and I maintaining the Canal de Haro to be " the channel." Between these two channels are several islands, embracing a space of about 400 square miles, the sovereignty of which is involve:! in a decision of the question. Captain Prevost finally proposed such a compromi?e as would throw within the territory of the United States all the islands but San Juan, the largest and doost valuable of the group. Being fully satisiied, from my own obser- vation, that the Canal de Haro is the main channel, and consequently " the channel" intended by the treaty, and being supported in this opinion by indis- putable contemporaneous evidence of the highest oiBicial character, I declined to accede to any compromise. Captain Prevost thereupon proposed a reference of the whole matter to our respective governments, to which proposal I also declined to accede, but informed him that I should report the proceedings of the joint commission to my government, and at the same time submit all the corre- spondence on the subject. Deeming this course to be the proper one under the circumstances, I have the honor to lay before you a copy of the proceedings and correspondence above referred to for your consideration and action thereon, and for such further instruc- tions in relation to the determination of the water boundary as may be deemed advisable and necessary by the department. The speech of Senator Benton of June 18, 1846, on the ratification of the treaty, to which frequent reference is made in the accompanying correspondence, will be found in the appendix to the Congressional Globe, volume sixteen, first session twenty-ninth Congress, 1845-'6, page 867. And I would respectfully refer you to your own speech on the same occasion, in which you confirm the correctness of my views in regard to •' the channel which separates the continent from Vancouver's Island." At the time of my discussion with the British com- missioner, I was not aware of the existence of this important additional contem- poraneous testimony. Although differing with Mr. Benton in the construction to be placed upon many points of the treaty, and opposing its ratification as firmly as Mr. Benton advocated it, there is no disagreement between you hs to the meaning of the language of the treaty defining the boundary line now in di;4pute In commenting upon the first article of the treaty you thuij describe the water boundary : Vancouver's Island is separated from the continent by an arm of the sea about two hun- dred and fifty miles in extent; different portions of which are known by different names. One part is called the Straits of Fuca; another the Canal de Arro; another the Gulf of Geor giu ; and the fourth, Queen Charlotte's Sound. 10 ISLAND OF SAN JtJAN. : Your Bpeech will be found in the appendix to the GongreoAional Globe, vol- ume 17, second seseion twentieth Congress, 1846-'47, page 26. With the highest respect, I have the honor to be your most obedient servant, ARCHIBALD CAMPBELL, Commisnoner Northwest Boundary Survey. Hon. Lkwis Cass, Secretary of State. CORRESPONDENCE BETWEEN THE UNITED STATES AND BRITISH COM- MISSIONERS. Captain Prevost to Mr. Campbell. Her Britanmc Majesty's Ship Satellite, Simiahmoo Bay, Gulf of Georgia., October 28, 1857. Sir : With reference to the various consultations we have had as to the direc- tion in which the boundary line should run through the channel separating tlie continent from Vancouver's Island, at and to the southward of the forty-ninth ftarallel of north latitude, into the Straits of Juan de Fuca,and from thence to the *acific Ocean, I have the honor to communicate to you iu writing the views I entertain of the subject. 2. As the water boundary line to be determined is describeu in the first article of the treaty between Great Britain and the United States of 15th June, 1846, it in my opinion clearly follows that the direction in which the said line is to be traced should alone be sought in the words of that treaty. I will here quote them 80 far as they relate to the particular line of water boundary : The line of boundary between the territories of her Britannic majesty and those of the United States shall be contiuiiecl westward along the said forty-ninth parallel of north latitude to the r^iddle of the channel which separates the continent from Vancouver's Island ; and thence southerly through the middle of the said channel and of Futtt's Straits to the Pacific Ocean : Provided, hotceter, That the navigation of the whole of the said chaimel and straits south of the forty-ninth parallel of north latitude remain free and open to both parties. 3. Now, upon reference to the chart, it w II be found, what indeed is the fact, that at the forty-ninth parallel of north latitude, there is only one navigable channel lying between the continent and Vancouver's Island. This channel is commonly called the Gulf of Georgia, and iu its open waters will be found the initial point of the boundary line. From this point there can be but little diffi- culty in carrying the boundary line, according to the words of the treaty, "southerly through the middle of the said channel," to about 4S° 45' of north latitude. Here the waters are studded with islands, through which it is generally admitted two navigable passages are to be found. One is now commonly des- ignated the Rosario Strait, and is situated near to the continent ; tlie other is called the Canal deArro, and is to be found nearerto Vancouver's Island. Through which of these two channels the boundary line should pass may at first sight appear a matter of doubt, but the precise wording of the treaty, I think, suffi- ciently determines it. The line is to be carried through the middle of a navi- gable channel separating the continent from Vancouver's Island, and the only navigable channel separating the continent from Vancouver's Island ; at this po- sition is the channel generally called the Rosario Strait. Therefore, my entire conviction is that the boundary line should he carried through those waters known as theGulf of Georgia into the Rosario Strait, to the Straits of Fuca, and thence to the Pacific Ocean. 4. By a careful consideration of the wording of the treaty it would seem dis- tinctly to provide that the channi-I mentioned siiould possess three character- istics : 1st. It should separate tlie continent from Vancouver's Island. 2d. It ISLAND OF SAN JUAN. 11 TISH COM- Bhould admit of the boundary line being carried through the middle of it in a southerly direction. 3d. It should be a navigable channel. To these three peculiar conditions the channel known as the Rosario Strait most entirely answers. 5. It is readily admitted that the Canal de Arro is also a navigable channel, and therefore answers to one characteristic of the channel of the treaty ; although I may as well here mention that from the rapidity and variableness of its cur- rents, and from its being destitute of anchorages, except at its extreme ends, it is unsuitnble for sailing vessels, and would scarcely ever be used by them so long as the passage through the Rosario Strait remained available ; as the currents in that strait being generally regular, and the anchorages convenient and secure, it is by far the more navigable channel of the two. But the Canal de Arro will not meet the two remaining characteristics of the channel of the treaty. It literally and geographically does not separate the continent from Vancouver's Island, that continent having already been separated by another navigable channel, the Rosario Strait; and further, it will be found in tracing the line of boundary according to the literal wording of the treaty, which appears to me peculiaily precise and clear, that the line to reach the Canal de Arro must proceed for some distance in a westerly direction, for which deviation from a southerly direction no provision is made in the treaty. I therefore am unable to admit that the Canal de Arro is the channel of the treaty. 6. Having thus frankly communicated in writing the views that I have already expressed to you verbally, I shall feel indebted to you if you will be so good as to favor me in like mauner with your views on the subject, in order that I may devote to them every consideration and reflection. With the greatest respect and esteem, I beg you will allow me to subscribe myself. Your most obedient and humble servant, JAMES C. PREVOST. Capt. H. M. Skip Satellite, and Her Britannic Majesty's Commissioner for determining the aforesaid Line of Boundary. Archibald Campbell, Esq., United States Commissioner N. W. Boundary, Sfc., Sfc., Sfc, Mr. Campbell to Cajitain Prevost. United States Northwest Boundary Commission, Camp Simiahmoo, 49mbers of that b )dy. In his speech on the treaty, the day of its rati- fication, he says : The line established by the first article follows the parallel of forty-nine degrees to the sea, with a slight deflection, through the Straits of Fuca, to avoid cutting the south end of Van- couver's Island. The first article of the treaty is in the very words which I myself would have used if the two governments had left it to me to draw the boundary line between them. And, in describing the line, he says : When the line reaches the channel which separates Vancouver's Island from the continent, (which it docs within sight of the mouth of Frazer's River,) it proceeds to the middle of the channel, and tlience, turning south, through the channel de Haro, (wrongly written Arro on the maps, ) to the Straits of Fuca, and then west, through the middle of that strait, to the sea. This is a fair partition of these waters, and gives us everything we want, namely, all the waters of Puget Sound, Hood's Canal, Admiralty Inlet, Bellingham Bay, Birch Bay, and, with them the cluster of islands, probably of no value, between de Haro's channel and the continent. After reviewing the other articles of the treaty, Mr. Benton concludes : In my high and responsible character of constitutional adviser to the President, I gave my opinion in favor of accepting the propositions which constitute the treaty. The first article is in the very terms which I would have used, and that article constitutes the treaty. With me it is the treaty. I have thus pi-esented to you, in writing, the evidence I laid before you during our discussions — that the Oanal de Haro must be the channel referred to in the treaty, through the middle of which the boundary line is to be traced. This evidence is entitled to the greatest weight, considering the official positions occupied by Mr. McLane and Mr. Benton during the negotiation and ratification of the treaty, and is conclutiive with me. I am n^t aware of any evidence going to show that Rosario Straits was at all in thj thoughts of the negotiators of the treaty, or that it was the intention or understanding of the two governments that the boundary line was to pass through it. The only claim I have been able find, on the part of the British government, that such was the case, is contained in a letter of Mr. Crampton to the Secretary of State, (Mr. Buchanan,) dated January 13, 1848, in which he calls the attention of our government to the expediency of endeavoring to arrive at an early settlement of everything connected with the Oregon boundary ques- tion, and particularly of the boundary line between the continent and Van- couver's Island. Mr. Crampton's letter will be found in the executive docu- ment of the House of Representatives for 1851, accompanying the message of President Fillmore for that year. In that letter Mr. Crampton gives his opinion 16 ISLAND OF SAN JUAN. ^'1 as the meaning of the words " the channel which separates the continent from Vancouver's Island." He saye : In rep^ard to that portion of the boundary line, (the water boundary,) a preliminary ques- tion arises, which turns upon the interpretation of the treaty, rather than upon the result of local observatioi) and surveys. The convention of June 15, 1846, declares that the line shall be drawn down the middle of the "channel" which separates the continent from Vancouver's Island; and upon this it may be asked what the word "channel" was intended to mean. Generally speaking, the word "channel," when employed in treaties, means a deep and navigable o-iantiel. In the present case, it is believed only one channel, that, namely, winch was laid down by Vancouver on his chart, has, in this part of the gulf, been hitherto surveyed and used ; and it seems natural to suppose that the negotiators of the Oregon con- vention, in employing the word " channel," had that particular channel in view. From the above extracts from Mr. Grampton's letter — written within two years after the conclusion of the treaty — it will be perceived that no evidence is presented to show that the channel called Rosario Sti'aits was the one intended by the negotiators. If there had been any evidence that such was their inten- tion, it would undoubtedly have been produced. . But Mr. Crampton is mistaken even in his assumption that Vancouver's channel was the only one in that part of the gulf that had been hitherto surveyed and used ; hence his inference that the negotiators of the Oregon convention, in employing the word " channel," had that particular channel in view, falls to the ground. The Canal de Haro had been both surveyed anil used by the Spanish government and our own. Mr. Crampton, at the conclusion of his letter, remarks that, as the question is " one of interpretation, rather than of local observation and survey, it ought, in the opinion of her Majesty's government, to be determined before the commis- sioners go out." It would thus appear that the British government regard an interpretation of the treaty as necessary to an understanding of the negotiators in employing the word " channel." Having in this communication, as in our recent discussion'?, frankly laid before you my views in regard to the literal meaning of the treaty, and having, also, shown by cotemporaneous evidence what was the understanding of the govern- ment of the United States as to the intention of the British government in the proj^t of tlie treaty, and of the meaning of the words of the treaty itself, I can only repeat tliat my convictions in regard to the channel are so fixed that I cannot admit a doubt upon the subject. With the highest respect and esteem, I have the honor to subscribe myself your most obedient servant, ARCHIBALD CAMPBELL, Commissioner on the part of the United States for determining the Northwest Boundary Line. Captain James C. Prevost, R. N., British Commissioner Northwest Boundary, ifc., ifc., ifc. Captain Prevost to Mr. Campbell. Her Britannic Majesty's Ship Satellite, Esquimault, Vancouver's Island, November 9, 1857. Sir : I have the honor to acknowledge the receipt of your letter of the 2d instant, containing a statement of your views of the interpretation to be put upon the first article of the treaty of the 15th June, 1846, between Great Britain and the United States, so far as the article relates to the water boundary to be traced between the possessions of the two countries. 2. From what has pasi^ed, I think it may now be considered as established hat there id no difiiculty in tracing the boundary line through the waters now ISLAND OF SAN JUAN. 17 itiuent from iminary ques- 1 the result of ivn the middle d upon this it Ds a deep and that, namely, been hitherto 3 Oregon cou- V. within two > evidence is ne intended their inten- is mistaken in that part Perence that " channel," lal de Haro •ur own. question is it ought, in ;he commis- it regard an negotiators ' laid before aviug. also, the govern- nent in the Itself, I can ixed that I ribe myself ry Line. 9, 1857. of the 2d to be put ^een Great r boundary established '•aters now called the Gulf of Georj^lft, and through the waters of the Straits of Fuca to the Pacific Ocoan, but tlirtt U \n In the space between these waters that the ques- tion arises as to which In t\u; channel of the treaty. I advance that the chan- nel now called the Itosftrlo Htrah is the channel through which the boundary line should pass ; you nnin*rt thnt your "convictions " "'are fixed" that the Canal de Haro is the cbaruu'l of tho treaty. I have given every consideration to all the points you liavft ftdvanced, and I have most carefully weighed all the argu- ments you have adduaiul In Hitpport of your views, and I regret extremely that your views and mino upon the subject should be so widely different. 3. Before coromondng to reply to the arguments you have advanced in oppo- sition to the views I htiva ('Xprcxsed, I will state that I fully acknowledge the weight to be attached to the opinions you have quoted from Vattel, that in cases of obscurity In tlic kiij^nngf of a treaty its interpretation is to be sought in the intentions of the no^nmiwii, But while fully recognizing this, and while ever being ready to bow to flu* opinion of an authority so high as Vattel, I must, on the other hand, mahitdln that when the language of a treaty is clear and pre- cise, and will admit to \w Interpreted according to its strict and literal sense, there cannot be anv need to seek for atight else to its elucidation. 4. In support or my pfopojiltlon that the Rosario Strait should be the chan- nel of the treaty, I fldvftnco that it is the only channel that will admit of being considered the eliiinnd, according to the treaty, which "separates the continent from Vflneottver*« Island," You state, that " while the other chan- nels only separate the It4lf(tids in the group from each other, the Canal de Haro for a conslderftble distance north of the Straits of Fuca, and where their waters unite, wnnhm the shores of Vancouver's Island, and is, therefore, the only one which, nemrdUtg to the language of the treaty, separates the continent from Vftnc/»nvcr'« Island." Surely this would prove the converse of the proposition. It flppeara to me a direct proof that the Canal de Haro is the channel separfltltig Vancouver's Island from the continent, and, there- fore, so long as other ehannel« exist more adjacent to the continent, cannot be the channel whleh "separates the continent from Vancouver's Island." I would ask your bent Att(«iitlon to this most peculiar language of the treaty, in which the usual terwii of expression appear to be designedly reversed, for the lesser is not sepacated from the greater, but f'le greater from the lesser — not the island from the continmt, lint the continent from the island ; and, therefore, it would seem indl^pntable that where several channels exist between tho two. that channel which U the most adjacent to the continent must be the channel which separatcH thu cmtinx'nt from any islands lying off its shores, however remote those islands mav be. You state that the Rosario Strait does not sepa- rate the continent from Vancottver's Island, because " in no part of its course does it touch upon the )ihore« of either," but that " it separates the islands of Lummi, Sinclair, Qymtm, Gttcmes, and Fidalgo on the east, from Orcas, Blakely, Decatur, and Lopez Iwlands on the west." I would submit that the islands of Lnraml, HInelaIr, Cypress, Guemes, and Fidalgo are lying close to the shores of the continent, and that between the7n and the continent is no nav- igable channel which weuld answer to the channel of the treaty, and that if the Rosario Strait is the chamiel separating these islands from Orcas, Blakely, Decatur, and Lopez 'l>*IflndH, It la also the navigable channel separating the con- tinent from them ; atul In aeparating the first named islands from Orcas, Blakely, Decatur, and Lopez hlanda, It also separates the first named islands from San Juan, Sidney, James'n Wanda, Ace, and from Vancouver's Island ; and, there- fore, if separating the cotitloent from Orcas, Blakely, Decatur, and Lopez islands, it also separaten tho continent from San Juan, Sidney, James's Island, &c., and from Vancotiver'a 1 aland. 5. In answer to my «tatemont that the Canal de Haro will not meet one of the conditions of tlio chanuel of the treaty, as it will not admit of the boundary Ex. Doc. 89 'i 18 ISLAND OP SAN JUAN. •!" .4U m ■ill line being carried into it in a southerly direction, you state that tlie objection applies " with equal force to the Gulf of Georgia, if the term southerly is to be construed in a strictly nautical or technical sense, and with still greater force to the Straits of Fuca, which, for the greater part of its course, runs north- westerly, for the language of the treaty being ' thence southerly through the middle of the said channel and of Fuca's Strait to the Pacific Ocean,' the direc- tion applies throughout the whole extent of the line;" and you further state that " if objection is made on this ground the treaty will be nullified and cannot be carried into efiiect." This conclusion I cannot admit. It can hardly, I think, be disputed that when the words of a treaty can be carried out in their strict and literal sense they should be so interpreted ; when they cannot be so carried out, the intentions of the negotiators and the dictates of common sense have to be sought, and from them should the interpretation be deduced. From the Gulf of Georgia to the Straits of Fuca the boundary line can be carried through the Rosario Strait in a " southerly direction ;" to pass through the Canal de Haro it must take a westerly course ; therefore, so far as this particular is con- cerned, I conceive that the Rosario Strait admits of a closer adherence to the words of the treaty than does the Canal de Arro, and should, for this reason, be chosen in preference to a channel which would cause a wider departure from the words of the treaty. 6. In alluding to the necessity in cases of obscuiity to seek the interpretation of a treaty in the intentions of its negotiators, you observe that you will •• prove by contemporaneous evidence of the highest authority that the Canal de Haro was the channel proposed by the British government and accepted by the United States government as the one through which the boundary line was to be traced, and that the language of the treaty drawn up by the British government was intended to convey that fact, and was so understood by the government of the United States," and you proceed to quote from a letter of Mr. McLane, the am- bassador of the United States, sent specially to Great Britain to aid in settling the Oregon boundary question, and from the speech of Mr. Benton, one of the leading members of the Senate of the United States. Evidence from so high a source as this is most unquestionably entitled to the greatest respect and deepest consideration. That consideration I have given it, and I assure ^'ou it has had its full weight with me. But I would respectfully observe that neither Mr. McLaue nor Mr. Benton were the actual negotiators of the treaty, and however valuable their opinions may be to the elucidation of obscure points, yet that these opinions can in no way alter the actual wording and terms of the treaty. Mr. McLane, in his report to the Secretary of State for the United States, writes that the proposition of the British government most probably will offer substan- tially as follows : First, to divide the territory by the extension of tbe line on the parallel of 49 to the sea ; that is to say, to the arm of the sea called Birch's Bay, thence by the Canal de Huro uud Straits of Fuca to the ocean. Now this is stated to have been the probable proposition ; it appears strange, if it was the adopted proposition, that the simple and unmistakable wording used by Mr. McLane should not have been retained. The fact that it was not retained would seem rather to show that discussion on the subject had taken place, and that the line of boundary had been designedly altered and the word- ing of the treaty as it now stands substituted to meet the alteration, the chan- nel through which the boundary line was to pass not being designated by name, inasmuch as it had no name on the map, which was, I have not the least doubt, used by the British government at the time, viz., that of Vancouver, where the channel now called the Rosario Strait is shown, as, in fact, it really is, as a con- tinuation of the waters now called the Gulf of Georgia, the whole being named by Vancouver the Gulf of Georgia. It is quite possible that in viewing the boundary line as passing through the Canal de Haro some objection might have been made to the uearuesa of some of the islands to Vancouver's Island, ISLAND OF SAN JUAN. la lie objection erly is to be greater force , runs iiorth- tJirough the n,' the direc- Further state 1 and cannot •dly, I think, 1 their strict be 80 carried mse have to From the ried through le Canal de cular is con- rence to the this reason, parture from iterpretation will " prove nal de Haro Y the United to be traced, ^rnment was iment of the ane, the am- l in settling one of the m so high a and deepest u it has had neither Mr. ,nd however ta, yet that the treaty, tates, writes Fer substan- 49 to the sea ; dc IIui'o uud ars strauge, )le wording t it was not had taken d the word- 1, the chan- 3d by name, least doubt, where the ts, as a con- ing named dewing the ;tion might er's Island, and as the objection did not apply with equal force to the continent, and as the islands between the two were deemed, according to Mr. Benton, to be barren, rocky, and valueless, it is not at all improbable that the slight alteration in the line would be conceded without difficulty, and might be considered too trivial, considering the important interests at stake at the time for public discussion or reference. I am the more strengthened in my opinion on this subject from •| having been officially informed by high and competent authority that the chan- 1 nel commonly known in England as the " Vancouver Strait," that now called I the " Rosario Strait," was the channel contemplated by the British government I as the channel of the treaty, and the mention of a particular channel by Mr. I McLane and the absence of the name of that channel from the treaty, together % with the very peculiar wording of the treaty, would seem almost conclusively to ■ prove the fact. 7. I would now respectfully call your attention to the languange of Mr. Ben- ; ton, in the speech which he made in the Senate upon the ratification of the ; treaty, and had you not yourself alluded to it 1 should have quoted it in further proof of what I have advanced as to the Rosario Strait being the channel " which separates the continent from Vancouver's Island.'' In describing the boundary line he designates the channel as being the one which separates •• Vancouver's Island from the continent," and he then proceeds to trace the line through the Canal de Haro to the Straits of Fuca, clearly showing what was the impression on his mind of the wording required to meet the boundaiy line he described. The Canal de Haro, or Arro, is undoubtedly the navigable channel which, at its ! position, separates Vancouver's Island from the continent, and therefore while I other channels exist more adjacent to the continent cannot be the channel which f " separates the continent from Vancouver's Island." ' 8. To show that the Canal de Haro could not have been the only channel I regarded in the United States as the channel of the treaty, both at the time and I afterwards, I beg to mention that I have in my possession a map of Oregon and :; Upper California, published at Washington City in 1848, " drawn by Charles % Preuss, under the order of the Senate of the United States," in which the bound- i ary line between the British possessions and those of the United States, dis- -^ tinctly lithographed and colored, is carried down the Gulf of Georgia, through ;^ the channel now called the Rosario Strait, and thence through the Straits of Fuca to the Pacific Ocean. If the Canal de Haro was the only channel contemplated by the Senate of the United States as the channel of the treaty, it seems re- markable that within a short period of its conclusion a map should be drawn " under the order of the Senate," and published and given forth to the world with a boundary line upon it not drawn through the Canal de Haro, but through the channel which I maintain is the channel of the treaty, and is the one which was con- templated by the British government at the time of its conclusion. I have fur- ther in my possession an attested tracing of "A diagram of a portion of Oregon Territory," dated Surveyor General's Office, Oregon City, October 21, 1852, and signed John B. Preston, Surveyor General, in which the boundary line be- tween the British possessions and those of the United States is also carried through the channel lying adjacent to the continent or through the Rosario Strait. Both these documents, being official and published by high authority, afford, 1 think, strong evidence that the Canal de Haro has not always been contemplated and received in the United States as the channel of the treaty. 9. In further illustration of my proposition that the Rosario Strait is the chan- nel of the treaty, I would observe that, apart from the very peculiar wording of the treaty, in which the greater is separated from the lesser, the continent from the island, it would seem clear that in whatever channel the boundary line com- mences its southerly course, it should continue " through the middle of the said channel," until it reach the Straits of Fuca. Now it has been agreed that the initial point of the boundary line is found in the channel called the Gulf of 20 ISLAND or SAN JUAN. Georgia, and the continuanco of tliat chnnncl in, as was deemed by Vancoaver, through the Roemrio Strait, Thin \n ftiiificiontly proved by local observation, which shows tlmt the principal Untiy of water flows uninterruptedly from the Gulf of Georgia tlirou^h the UoMario ntrait, causing a regularity of current which is not found elsewhere; for the wittorn flowing througli theCanal de Haro are split by the various islands contiguous Ui It In difturont directions, causing an irregularity and diversity of current which U not found in the Rosario Strait, and therefore the Canal de Ilaro cannot be dcnraod a continuance of the channel of the Gulf of Georgia, but more properly a conlJiiuanco of the channel between Saturna Island and Vancouver's Island. Putting tlio ({Uestion of current aside, I think a glance at the map as to which channel in the continuation of the Gulf of Georgia will sufficiently test the truth of what I asHert. 10. Having thus replied to the principal arguments you have advanced in support of the adoption of the (Jannl de Itaro as the channel of the treaty, and having shown you |iow fiiinly Hatlitfled I am of the correctness of my opinion as to the Rosario Strait being a ehanttcl which In all respects answers to the chan- nel of the treaty, which the Onnnl do Haro does not, I trust you may, upon r.- flection, be induced to modlfv your view that the Ganal de Haro is the only channel which, according to the language of the treaty, " separates the continent from Vancouver's Island." With the highest consideration and esteem, I have the honor to subscribe myself your most obedient and huntblo servant, JAMES 0. PREVOST, Captain H. B. M, Ship Hatdtitc, and H. M. First Commissioner fur determining the aforesaid Boundary Line. Archirald Camprbll, Ksq,, United States CommisHiuner for the Northwest Boundary, Sfc., i^c, Sfc. Mr, CampJn'U to Captain Prcvost. Unitep Statk^ Nohtiiwkst Boundary Commission, Camp Hinnahmno, iOth Parallel, November 18, 1857. Sir: I have the honor to acknowledge the receipt of your letter of the 9th instant in reply to mine of the 'id Instant, In the comxnunicHtion of my vieWM, made in compliance with your request, I clearly showed from cotenipomneoui* evidence what was the intention of the framers and ratifiors of the treaty of June i/3, 1846, in using the words describ- ing the water-boundary line between the territories of the United States and the British possessions. Although the language of the tieafy alone is sufficiently explicit to my mind, the disagreement between us, in \VM\twi to a part of the distance through which the boundary line is to be tniced, rendered it, in my opinion, desirable, if not necessary, in order to carrv the treaty into effect, that we should arrive at a mutual understanding of the aetuul Intention of the treaty makers, and for that purpose that we should resort to the ordinary mode of interpretation in cases of obscurity or uncertainty. I, tlmreiore, dj^emcvl it but an act of frankness to ex- hibit to yon the evidence I had In my possession of the intention of the British government in framing the language of the tnmty and of the understanding of the United States government In adopting it. Considering the character of this evidence, and the weight to whleh it is entitled, it is difficult for me to compre- hend how you could resist the conelunion to which it so clearly led, viz., that '« the channel" referred to in the treaty was intended to apply to the Canal dc Haro. I 1 ISLAND OF SAN JUAN. 21 ' Vancouver, observation, II7 from the ■rent which is are split by 1 irregularity ind therefore f the Gulf of iturna Island link a glance Georgia will advanced in 3 treaty, and y opinion as to the chan- lay, upon r,-- > is the only ;he continent to subscribe 3ST, issioner \ary Line. 0., ^c, Sfc, SION, 18, 1857. r of the 9th our request, ntion of the >rds describ- atcs and the to my mind, rough which Irable, if not I arrive at a and for that I in cases of ikness to ex- ■ the British rslanding of racter of this B to compre- id, viz., that ;he Canal do f '*j. With this clear and satisfactory evidence, answering in the fullest manner to the requirements of the rules laid down for ascertaining the true meaning of the language of a treaty, it is pursuing the shadow instead of the substance to con- fine ourselves to its mere words; and, judging by the course of argument adopted by you in your present communication, I infer that you do not now altogether disagree with me in that opinion. As you seem, however, to attach importance to what you call the peculiar wording of the treaty in regard to the relative position of the words, the continent nnd Vancouver's Island, I have carefully considered your argument thereon, but cannot perceive its force. The words of the treaty are " the channel which separates the continent from Van- couver's Island," and, in my opinion, they are placed in their proper position. Nothing could be more natural in tracing and describing the long line of land boundary from the Rocky Mountains westward than for the authors of the treaty to place the continent before Vancouver's Island ; and it would be strange if they had done otherwise. Still I do not conceive that a change in the position of the words could make any difference in tlie meaning of the expression. The argument you draw from Mr. Benton's speech on this point is the one of all others I should bring forward (if I thought any necessary) to show there was no peculiarity in the wording of the treaty, or, if there were any, that it was in favor of the Canal de Haro ; for Mr. Benton, after stating that the first article of the treaty is in the very words he would have used himself if the two gov- ernments had allowed him to draw it up, and with the very words of the treaty before him as he spoke, uses the expression, " the channel which separates Van- couver's Island from the continent," as conveying precisely the same meaning as the language of the treaty ; for he immediately thereafter declares that this language carries the line through the Channel de Haro, and " gives us" the " cluster of islands" between that channel and the continent. Burely no fair deduction can be drawn from the remarks of Mr. Benton to show that the lan- guage of the treaty, in his opinion, required a transposition of the words to cany the boundary line through the Canal de Haro. After using the expression, reversing the order of the words of the treaty, he says, " I am in favor of the first article of the treaty as it stands." He certainly would not have said this if, as you assert, he must have thought it required a change in the wording of the treaty to make the language applicable to the Canal de Haro. Your admission that the " Canal de Haro is undoubtedly the navigable chan- nel which at its position separates Vancouver's Island from the continent," in my opinion is equivalent to the settlement of the question — the continent, ac- cording to the well known geographical fact that islands are appurtenant to the main land, embracing as natural appendages to its coast the islands between it and the Canal de Haro. Your argument that Rosario Straits must be the chan- nel which separates the continent from Vancouver's Island would apply with equal force to Vancouver's Island if it were situated as far distant as the Sand- wich Islands. For, you say: " It would seem indisputable that where several channels exist between the two (that is, between the continent and Vancouver's Island) that channel which is the most adjacent to the continent must be the chan- nel which separates the continent from any islands lying off its shores, however remote those islands may be." This process of reasoning would elevate an island to a much higher degree of importance than a continent, by making all intermediate islands appendages to it instead of the continent, a doctrine which I am not prepared to admit, nor do I think upon further reflection you will maintain. You decline to admit the correctness of my conclusion that if the term " southerly" be taken in a strictly technical or nautical sense, the treaty cannot be carried into effect. But I do not understand you as denying the fact that the word " southerly" applies equally to the Straits of Fuca as to the channel which separates the continent from Vancouver's Island. Still, while denying a 22 ISLAND OF SAN JUAN. i liberal uoiiHtruction of tlint term as far as it nmy be nppliciibin t(» flirt (1nni\\ do Haro, you appi'ar to be willing to appeal to tlio dictutefl of crMiiinoii nvunn, or to BPek for (be intention of tbe negotiators of the treaty wlicri it nnplioH to tbo Straits of Fuca. I must respectlully repeat, if tbo term •' Hoiitlu'rly," nn nnvil in tbe treaty, h to bo construed as you still construe it in reliitiou to trio cottrMo of tbe Oanal de Haro, tbo same meaning must bo given to it in regard to tbo coitrMo of tbo Straits of Fnca, tor the cbannel and straits aro so conni'cted In tbo Inngtiagn of tbe treaty as to be governed by tbe ])receding words " Moiitbcrly tbrougb tbo middle of." Tbe object of my remarks on tbat subject wuk to proviMit tbo treaty from becoming a nullity, by adopting tbo natural iiicanliig of tbo word instead of its strictly tccbnical or nautical sense; but ItseemM to me not entirely Just to apply it in one sense to tbe Canal de Haro and in anotber to tbo Straits of Fuca. 1 tbink, tberefore, you will be obliged to abandon your objection to tbe Canal do Haro on tbe ground tbat a line cannot bo tracoa tliroiigb it in n southerly direction. I refer to Mr. Benton's speech for biH underHtitiidbig of tbe word to confirm my own. In giving his reasons for voting in favor of tbe treaty be says : " When the line reaches the channel which n('\tMnU'n Vancou- ver's Island from tbe continent, it proceeds to the middlu of the channel, and thence turning south tbrougb the channel de Haro to the BlrnitM of Knca, and thence west tbrougb tbe middle of that strait to the sea." H(*r(! Im tbe true reading of the language of tbe treaty, and it is in perfect uccordnnvu with tbat contained in my letter of the Sd instant. In your remarks upon the evidence of Mr. McLane and Mr, Kenton, nhovflntt which " channel" was intended and proposed by tbe British government, ond understood and accepted by tbe United States government, you obHervo that " it has had its full weight" with you; but add, th«f veither Mr. McLano nor Mr. Ben- ton were tbo actual negotiators of the treaty, . 'jowever valuable tbelr opinions may be to the elucidation of obscure points, y. these opinioiiM can hi no way alter the actual wording aui terms of tbe treaty. I am not aware that there is any rule iti the law governing the Itititrpretation of treaties tbat would require the evidence of the actual in-gotlatorM. What is required in such cases is that which was probably in the tlioiigbtB of the author or authors of the treaty. And here I beg to call your attention on that point to the quotations (in my letter of tlie 2d instant) from Vatt<'l In hh article on the interpretation of treaties, by which you will perceive that I bnvo gone much further than is required I have shown their actual intcntiont at the time the treaty was drawn up, proposed and accepted, and I propoHO to go n step further and show tbat this intention aud understanding remained uncbangcid up to the complete ratification of the treaty by both governments. Although Mr. McLane and Mr. Benton were not tbe signeri* of tho treaty, both of them had tbat official connection with the negotiation that gIvoH their evidence equal weight with that of tbe signers themselves, and In tbo absence of evidence from the latter it must be regarded as indisputabio, Nothing short of positive contradictory testimony from equally reliable authority can invali- date it. I will, however, show you clearly tbe understanding of Mr, Buchanan, the Secretary of State, one of the negotiators and signers of tbo tr<*uty, Imrao- diately upon the receipt of Mr. McLane's letter of the I8tb of May, Htatlng the substance of tbe proposition tbat was to be made by Lord Aberdoon, a conference was held in tbe iState Department betAveen Mr. Buchanan and Mr. I'akenbam. Tbe protocol of this proceeding accompanied tbe President'rf initHMUgo to tbo Senate asking their advice as to the acceptance of the propoHltioii, It 1» n» follows : A conference was held nt the Department of State on the fith of Jiiiin, )^'W, bMwcon the Hon. James Buchanan, Secretary of State, the American pleuipolentiiify, iiti'l tlio Klght Honorable Richard Pakenham, the Britisli plenipotentiary, when thu ue{|^otmtluii reHlKtctFug ditli whi pot. Hett Th Stat On the tbe bel( as ISLAND OF SAN JUAN. 23 iJj't Orttinl rJo Kf'MMfl, or to i»plliigh it in n rHtniiding of favor of tho f«'H V«ncou- linnncl, and >if i''ucft, nnd in the tnio with that m, showing iinient, nnd 'v« thftt •' it or Mr. Ben- K'iropinionB in no way torpretfition JM. Whttt ^hin of the ion on that 1 hiM article lirtvo gone «ihvc!mi I tlio Kij^lit the Orcpon territory was resuinocl. Tlio British plenipotentiary made a verbal explanation of the motivcH which hud induced her Majesty's ffovernniaut to instruct him to miilu) another proposilioH to the pfovornment of the United stiitos for tiio Holution of tlicso lonp.(•xiHtill^f difficulties. The Secretary of State expressed his satisfaction with the friendly ni<.tiv(»/i whicli had animated the British fjovernment in this endeavor. Whereupon tho British pleni- pntentiary suhmitttd to the Secretary of State tho draught of a convention, (marked A,) settinfr forth the terms which he had been instructed to propose to tho government of tlie United States for tlie settlement of the Oregon cpiestiou. Tho draught of the convention is in tho same words aa tho ratified treaty. The iuPtructions of Lord Aberdeen and Mr. McLane's letter to Mr. Buchanan, stating. the nature of the proposition to be submitted for the settlement of tho Oregon quedtion, were despatched to the United States by the same steamer the day after their conference, and the letter was received in Washington ou the 3d of June. The conference between Mr. Buchanan and Mr. Pakenlmra was held on the 6th of June. On the same day Mr. Buchanan writes to Mr. McLane as follows : I transmit to you herewith a copy of the prnjet of a convention, delivered to me by Mr. Pakenhara this morning, for the adjustment of the Oregon question, together with a copy ot the protocol of the proceeding. This being the regular day for the meeting of the cabinet, the subject was brought before them by the President. The result was a determination on his part to submit the projet to tho Senate for their previous advice. This will be done as soon as the proper message can bo prepared and the necessary papers copied. The papers necessary to accompany this projet of the treaty were the protocol mentioned above and a copy of Mr. McLane's letter of the 18th of May, con- taining his statement of the substance of the treaty as communicated to him by Lord Aberdeen. The object of sending this letter to the Senate was to explain to senators the intentions of the British government as to the details of the treaty, that they might be able to give their advice to the President under- standingly. And as the letter was copied in the Department of State by direc- tion of Mr. Buchanan to accompany the projet of the treaty, it must be con- sidered as expressing the understanding between himself and Mr. Pakenhara ; being in harmony with the proposition submitted to him by the latter in con- formity with the instructions he received from his government. It is, therefore, quite clear that Mr. Buchanan must have understood the language describing the boundary line in the treaty as intending the " Canal do Haro" for *' the channel which separates the continent from Vancouver's Island." With the letter of Mr. McLane in his possession, and deeming it necessary that it should accompany the projet of the treaty to the Senate for their information, there cannot be a doubt that Mr. Buchanan and Mr. Pakenham understood the language of the treaty alike. You state that Mr. McLane, in his report to the Secretary of State, writes that the proposition of the government " most probably will offer substantially as follows," and quotes bio language, giving the substance of the first article of the treaty; and add, " Now this is stated to have been the probable proposition ; it appears strange, if it was the adojited proposition, that the simple and un- mistakable wording used by Mr. McLane should not have been retained." Mr. McLane could hardly have used a stronger expression to convey to his government the intentions of Lord Aberdeen, as communicated to him in their " full and free conversation," and " lengthened conference," than the words " most probably," without having actually seen his despatches to Mr. Pakenham. At the date of his letter he most certainly believed that the proposition would be substantially as he stated, for he does not pretend to give the words of the treaty in his statement of any of the articles, but confines himself to its spirit and gives its substance. Having stated this fact in my previous letter, it ought not to appear strange to you that " the simple and unmistakable wording used by Mr. McLane should not have been retained." With the piojet of the treaty and chart before them, Mr. McLane and Lord Aberdeen could not fail to see at a glauce that the concise language of tho 24 ISLAND OF SAN JUAN. i|if '4 treaty clearly iudicated " the cLannel. which separates the continent from Van- couver's Island." The Gulf of Georgia washing the continent at the northern end of the line ; the Canal de Haro, Vancouver's Island, at the southern end, and at its junction with the wStraits of Fuca, presented to the eye a continuous channel that unmistakably separated, throughout its whole length, the continent from Vancouver's Island, and about which it might well have been supposed by thtm (with their full knowledge of the motive that induced this deflection from the forty-ninth pai'allel) there could be no question. But a glance at the chart of the United States Coast Survey, on a large scale, accurately defining the space through which the boundary line is to be traced, will show much more forcibly how well the language of the treaty was chosen to express in few words the object of the negotiators. On the assumption that the language used by Mr. McLane to descriu3 the boundary line had been originally the words of the proposition, (or projet of the treaty,) and not retained, you say that it '• would seem rather to show that discussion on the subject had taken place, and that the line of boundary had been designedly altered, and the wording of the treaty as it now stands substi- tuted to meet the alteration." I am somewhat at a loss to know between whom you suppose this discussion to have taken place ; whether between Mr. McLane and Lord Aberdeen or be- tween Mr. Buchanan and Mr. Pakenham. It could not have been between the former, for it would not appear that there was any opportunity for discussion after their conference and before the departure of their despatches ; or if it had been, Mr. McLane would certainly Imve notified his government of the fact. Nor do I see how any discussion could have taken place between Mr. Buchanan and Mr. Pakenham that could have effected any alteration in the proposition ; for it would appear that Mr. Pakenham had neither power to accept nor offer modifications, as will be seen by an extract from Mr. McLane's letter and his own statement in the conference with Mr. Buchanan. Mr. McLane says : It may be considered certain also in my opinion that tlie offer now to be made is not to be submitted as an ultimatum, and is not intended as such, though I have reason to know that Mr. Pakenham will not he authorized to accept or reject any modificution that may bo Eioposed on our part, bat that he will in such case be instructed to refer the moditicatiou to is g-overnment. From the foregoing extract it will be perceived that Mr. Pakenham had no authority to accept any proposed alteration to the treaty, though it is not pre- sumed the proposition for the change you suggest could have been expected from Mr. Buchanan. On the other hand, Mr. Paken'iam was not authorized to 2>ropose any modifications, as has been seen from his conference with Mr. Bu- chanan, June 6th, in which he submits " the draught of a convention setting forth the terms which he had been instructed to propose to the government of the United States for the settlement of the Oregon question," whicli could not have been otherwise than in conformity with the terms of the propo- sition communicated by Lord Aberdeen to Mr. McLane. I cannot, tlierefore, admit that the original proposition was " designedly altered " with the consent of either Mr. Buchanan or Mr. McLane. Nor can I agree with you that the islands you refer to, " barren, rocky and valueless" as they might then have been deemed, would have been conceded as readily as you suppose, after the positive asser- tions of the President (communicated to Mr. McLiine by Mr. Buchanan) that he would not consent to surrender any territory claimed by the United States south of the forty-ninth parallel, with the exception of the southern end of Vancouver's Island. I cannot conceive the motive which could induce any officer of the United States government to 8urrend(!r a portion of the territory which the line proposed by the British goveruinont threw on the American eide, when at the same time he knew the proposition was not an ultimatum, ISLAND OF SAN JUAN. 25 it from Van- the northern outhern end, a coutinuoQs the continent supposed by [flection from ! at the chart defining the much more in few words descries the (or projet of to show that jundary had bands substi- s discussion deen or be- between the discussion or if it had of the fact. '. Buchanan proposition ; pt nor offer ber and his says : iiade is not to eason to know I that may bo lodificatiou to bam had no : is not pre- m cxpectod ithorized to ith Mr. Bu- tion setting government m," which the propo- !;, tlierefore, the consent the islands en deemed, itive asser- lanan) that ited States prn end of nduce any G territory American dtimatum, and not intended as such, as will be seen from the extract of Mr. McLane's letter heretofore quoted. In addition thereto he says : I do not think there can be much doubt, however, that an impression has been produced here that the Sen' te would accept the proposition now offered, at least without any material modification, and" that the President would not take the responsibility of rejecting it without consulting the Senate. If there be any reasonable ground to entertain such u:y impression, however erroneous, an offer leas objectionable in the Jirst instance, at least, couH hardly be expected.^'' And he again says : Feeling very sure, however, that the present offer is not made or intended as an ultimatum, I think it only reasonable to infer an expectation on the part of those who are otfering it, not only that modifications may be suggested, but that they may be reasonably required. From the foregoing extracts you must perceive that the United States gov- ernment was not in a position to make concessions, and from the speech of Mr. Benton, which I submitted to your perusal, you will have seen that a portion of the members of the Senate insisted upon modifications, which would have been asked of the British government, if Mr. Pakenham had been authorized to grant them, and were only prevented from doing so by the delay incident to sending to England. I cannot therefore admit that any such alteration as you suggest could have possibly taken place. Everything connected with the settlement of the Oregon question was at that time deemed important. And no officer of the United States government would have ventured to make such a concession without its being fully understood by all who had any connection with making or ratifying the treaty. Even the reason you suggest for the concession is one which would apply with greater force against the boundary line running through Rosario Straits than through the Canal de Haro ; for Rosario Straits being narrower than the Canal de Haro, the objection to the former applies with greater force than it does to the latter. After much reflection and consideration, I am quite unable to conceive when and where this " designed alteration " could have taken place, and if it be not an entire supposition, I would respectfully ask for further information on the subject, it :der that I ma; ' regulate my j udgment accordingly . Your opinion that the line of boundary was altered, you say, is strengthened by your '' having been officially informed, by high and competent authority, that the chann'^l commonly Lnown in England as the Vancouver Strait — that now called the P.osario Strait — was the channel contemplated by the British govern- ment as the channel of the treaty ; and the mention of a jmrticular channel by Mr. McLane, and the absence of the name of that channel from the treaty, together with the very peculiar wording of the treaty, would seem almost con- clusively to jirove the fact." I have no means of determining the source from which the high and com- petent authority you refer to received his information ; but I would respectfully suggest that, after the cotemporaneous documentary evidence I have produced, the mere assertion of any person at this time, no matter what his position may be, unless he was immediately concerned in the negotiation of the treaty, can be of little weight. It is quite possible that the British government may have con- templated Rosario Straits as the channel ; but I would respectfully submit that they proposed the Canal de Haro, and that the United States government accejded that proposition. In your endeavor to show that the Canal de Haro could not have been the only channel regarded in the United States as the channel of the treaty, both at the time of its ratification and afterwards, you state that you have in your possession a '• Map of Oregon and Upper California, published at Washington City in 1848, drawn by Charles Preuss, 'under the order of the Senate of the United States,' in which the boundary line between the British possessions and those of the United States, distinctly lithographed and colored, is carried down through the channel now called Rosario Straits," &c. You further say that, if 26 ISLAND OF SAN JUAN. the " Canal de Haro was the only channel contemplated by the Senate of the United States as the channel of the treaty, it gecms remarkable that within a shoit period of its conclusion a map should be ' drawn under the order of the Senate,' and published and given forth to the world with a boundary line upon it, not drawn through the Canal de Haro," but through Rosario Straits. I have also in my possession a copy of the same map, and, as its title declares, it is a " Map of Oregon and Upper California, from the surveys of John Charles FrtSmont and other authorities," and is accompanied by a geographical memoir, which was also published by the Senate at the same time. By an examination of that memoir, it will be seen that the accurate delineation of the boundary formed no part of the object for which the map was directed. The boundary line north, as well as south, on that map was drawn merely to show the extent of the country described in the memoir. By a comparison of the Mexican or southern boundary on the same map with the true line as defined by the commissioners and surveyors appointed under the treaty, an error quite as remarkable will be found on that line as on the northwestern boundary, and one which, upon examination, must completely dispel any impressions that may have been made upon your mind that it has any authenticity, or is of any authority whatever as a map shoicing the bound- ary between the British possessions and the United States. The best evidence of this is to be found in the fact that, after its publication, the Mexican boundary line was surveyed and marked by the United States government without reference to Mr. Preuss's map, and the true line was found to be totally different from that laid down by Mr. Preuss. By examining carefully the lithographed line on this map, drawn from the forty-ninth parallel to the Straits of Fuca, it will be seen that, instead of run- ning through the middle of Rosario Straits, as you suppose, it runs directly against Sinclair's Island on the north, and Cypress Island on the south ; leaving a space of over five miles without any boundary line ; but if this should be joined, it would bisect the two islands. It also runs tangent to Smith's Islaud on the eastern side — an island upon which it is the intention of the United States government to build a light-house, and for which an appropriation has been made. I point out the inaccuracies of this map, so far as relates to the boundary line, without any intention of depreciating it in any respect, but simply in order to show you that it is not considered authority for the boundary lines drawn upon it, and that it was not intended to be so considered. I could exonerate the Senate from censure for publishing the map and giving it forth to the world with their apparent sanction, but I presume it will hardly be necessary for me to do so on this occasion. I have never seen the diagram, alluded to by you, of a portion of Oregon Territory, "dated Surveyor General's Office, Oregon City, October 21, 1852, and signed by John B. Preston, Surveyor General," and having the boundary line uiawn through Rosario Straits ; but no authority can be attached to it, as it formed no part of the duties of the surveyor general's office to determine the boundai'y line between the United States and British ossessions. 1 am, how- ever, informed, by credible authority, that Mi\ Preston was led into the error by seeing the map of Mr. Preuss. Had he seen the " Map of Vancouver's Island and the Adjacent Coasts, compiled from the surveys of Vancouver, Kellot, Simson, Galiano, and Valdes, &c., &c., &c., by J. Arrowsmith, 10 Soho square, London, published April 11, 1849" — more recent than that of Preuss — he no doubt would have drawn the line through the Canal de Ilaro; for as that purports to be a map especially of " Vancouver's Island and the coasts adjacent" no doubt could have been entertained that much care was taken to make it accurately conform to the terms of the treaty. On that map, on a large scale, all the islands east of the Canal de Haro are colored carefully lin tre pill •f ISLAND OP SAN JUAN. 27 le Senate of the that within a order of the try line upon ;raita. title declares, Tohn Charles lical memoir, examination le boundary le boundary w the extent le map with )inted under le as on the completely I that it has • the hound- st evidence Mexican government ;o be totally 'u from the ;ead of run- ms directly th; leaving ) should be ith's Islaud the United u'iation has mdary line, in order to Irawn upon merate the world with n' me to do of Oregon ■ 21, 1852, ! boundary to it, as it jrmine the [ am, how- the error ancouver's ''^ancouver, 'smith, 10 m that of I de Ilaro; I and the care was that map, . carefully ■f with the same tint as that given to the territory to which they geographically and conventionally pertain, viz., that of the United States. The map3 of Preuss and Preston are of no authority, as far as the boundary line is concerned. They tl.erefore afford no evidence of the trae channel of the treaty. And since its ratification, I am not aware of any authority having been given either by the United States or British government for surveying and map- ping it definitively until the appointment of the present commission. " In further illustration " of your proposition that the Rosario Strait is the channel of the treaty," you say that " it would seem to be clear that, in whatever channel the boundary line commences its southerly course, it should continue ; through the middle of the said channel until it reaches the Straits of Fuca," and add that "it has been agreed that the initial point of the boundary line is found in the channel called the Gulf of Georgia, and the continuance of that channel is, as was deemed by Vancouver, through the Rosario Strait." I fear there is some misunderstanding in regard to an initial point. I cer- tainly am not aware of having agreed to any, though I do not deem it a matter of any moment whether the starting point of the line be at the forty-ninth par- allel or the Pacific Ocean. But even granting that the line starts at the forty- ninth parallel, and is traced through the middle of the Gulf of Georgia, I do not admit that it must necessarily be continued through Rosario Straits, even if Vancouver's chart be referred to. You say Vancouver considered Rosario Strait a continuation of the Gulf of Georgia, and that it Wijs included in that name. By an examination of the chart it will be perceived that the name as lettered passes directly through and over the cluster of islands between the Canal de Haro and the straits now called Rosario Straits, and that it was intended by Vancouver to apply the name of Gulf of Georgia to all the waters between Vancouver's island and the continent as far south as Fuca's Straits, (if the letter- ing on his chart is to be considered as any guide,) and applies equally to every other channel in the vicinity. But whatever name may have been given to the waters broken up by the islands, they are all continuations of the waters pro- ceeding from the StraiU of Fuca or Gulf of Georgia, and all perfectly on an equality in that respect. The Canal de Haro having the largest volume of water passing through it, it is the main channel among them, and therefore more particularly entitled to be considered as tke continuation or connection of the two ciiannels with which all are directly or indirectly connected. And here I beg to say in regard to the relative merits of the two channels, I must again refer you to the extract from Captain Alden's report on that subject in my letter of the 2d instant, in which he pronounces the Canal de Haro to bo the widest, deepest and best channel, and in almost every resjject the better of the two. Upon your supposition that the Canal de Haro had originally been named in the projet of the treaty, and that " the line of boundary through it had been designedly altered, and the wording of the treaty as it now stands substi- tuted to meet the alteration," you found an argument to prove that Rosario Straits was "the channel" intended as the substitute for the Canal de Haro as follows : " The channel through which the boundary line was to pass not being designated by name, inasmuch as it ?iad no name on the map which was, I have not the least doubt, used by the British government at the time, viz : that of Vancouver, where the channel, now called the Rosario Strait, is shown, as in fact it really is, as a continuation of the waters now called the Gulf of Georgia, the whole being named by Vancouver the Gulf of Georgia." It has been acknowledged that the Rosario Straits, in common with the other channels, is a continuation of the Gulf of Georgia, and that the general name of the "Gulf of Georgia" was given by Vancouver to embrace all the waters between the continent and Vancouver's Island as far south as the Straits of Fuca. But I have shown from his chart that Vancouver did not particularly apply it to the channel called Rosario Straits. If, however, the British government so 28 ISLAND OF SAN JUAN. * >UK» I! understood it, and the " Canal de Haro " was dropped from the original projet of the treaty, aa you suppose, for the purpose of substituting what was then considered a part of the Gulf of Georgia, it is strange that " the Gulf of Georgia " was not inserted instead of the present language, so inapplicable to Rosario Straits. In this argument, if I understand it correctly, Rosario Straits is claimed as the channel for two very different reasons — one because it had a name, the other because it had no name. If the Canal de Haro were mentioned in the original projet and afterwards expunged to give place to a channel without a name, care should have been taken so to describe it that no other channel, either with or without a name, could be found answering to the language of the treaty. In a previous part of this communication I proposed to show that the inten- tion and understanding of the British and United States governments in relation to the water boundaiy remained unchanged from the conference between Lord Aberdeen and Mr. McLane until the complete and final ratification of the treaty by the two governments. After the message was prepared and the necessary papers copied at the State Department, the President transmitted them to the Senate on the 10th of June for their advice aa to his acceptance or rejection of the projet of the treaty submitted by Mr. Pakenhara in his conference with Mr. Buchanan. The motive that induced the President to take the unusual course of asking the previous advice of the Senate arose from the prominent part taken by the Senate in the discussions of the Oregon question, and the im- portance the British government attached to the opinions and action of that body, as will have been seen by the extracts from Mr. McLane's letter heretofore quoted. As I am desirous of showing you the exact position the Senate occu- pied in relation to the negotiation and ratification of the treaty, I must make one more extract from Mr. McLane's letter on that subject : It is not to be disguisetl, (he says,) tliat since the President's annual message and the public discussion that has subsequently taken place in the Senate, it will bo diflScult, if not impossi- ble, to conduct the negotiation in its future stages, without reference to the opinion of sena- tors, or free from speculation as to the degree of control they may exercise over the result. Whatever therel'ore might be prudent and regular in the ordinary course of things, I think it of the utmost importance upon the present occasion, if the President should think proper to propose an}' modification of the olVer to be made by Mr. Pakenham, that the modification should be understood as possessing the concurrence of the co-ordinate branch of the treaty- making power. After several days' debate the Sen e advised the President "to accept the proposal of the British government for a convention to settle boundaries, &c., between the United States and Great Britain west of the Rocky or Stony Mountains." In accordance with that advice the President accepted the proposal, and on the 16th of June laid before the Senate, for their " consideration and with a view to its ratification," " the convention concluded and signed by the Secretary of State on the part of the United States, and the envoy extraordinary and minister plenipotentiary of her Britannic Majesty on the part of Great Britain." Upon its receipt a debate ensued which resulted in a resolution, " that the President be requesti.'d to communicate to the Senate a copy of all the corre- spondence wliich has taken place between this (the United States) government and that of Great Britain relative to the Oregon treaty, together with the de- spatches and instructions forwarded to our minister, Mr. McLanc, and a full and complete copy of his despatches and communications to this government on the same subject not heretofore communicated to the Senate." The scope of the resolution exhibits the deep inti'rest manifested by the Senate in every step of the negotiation, and shows clearly that no detail con- nected therewith was deemed unworthy of their consideration. On the IStli of June the Senate gave its "constitutional advice and consent to the treaty," and the I'rcsident ratified it. On the 22d Mr. Buchanan trans- mitted to Mr. McLane at London the treaty ratified by the Prctideut and Senate, wit pen gov Pal neg for fori doi bei tak doc me I ISLAND OF SAN JUAN. 29 •iginal projet lat was then ' of Georgia " e to Rosario lits is claimed . a name, the kioned in the lel without a annel, either )f the treaty, at the inten- ts in relation 3 1 ween Lord of the treaty 16 necessary them to the r rejection of Perence with the unusual 3 prominent and the im« tion of that r heretofore lenate occu- must make md the public f" not impossi- uion of sena- 'er the result, igs, I think it ink proper to modification of the treaty- accept the danes, &;c., y or Stony sal, and on ivith a view iocretary of ud minister in," , " that the the corre- jovernment th the de- 1 a full and lent on the ed by the detail con- id consent nan tians- iid Senate, with "special power ' authorizing him "to exchange the ratifications with such I person as may be duly empowered for that purpose on the part of the British • government." The ratifications were exchanged by Mr. McLane and Lord Palmerston. -,.,-, . , . ■> 7rom the incipient step taken by Lord Aberdeen, in making the proposition to the United States government for a settlement of the Oregon question, and through all the subsequent stages in the progress of the treaty to its complete ratification, we look in vain for any evidence that the original proposition com- municated to Mr. McLane was ever altered. I have shown that Mr. Buchanan and Mr. Pakenham must have understood it alike. The President, from whom emanated all the instructions in relation to the negotiation, in transmitting the proposal of the British government to the Senate for their advice, accompanied it by Mr. Mc Lane's letter furnished for their in- formation and consideration in giving that advice. Therefore there can be no doubt of his understanding of the language of the treaty. It cannot for a moment be supposed that such grave, deliberate, and unusual action would have been taken, without the most perfect understanding on his part of the meaning of the document he laid before them. The letter of Mr. McLane accompanying his message conveyed that meaning. The Senate upon this extraordinary occasion gave their advice to accept the proposition. And upon what did they found their advice 1 Upon the words of the projet of the treaty, and the explanation of the same more in detail by Mr. McLane. They believed them to be in perfect harmony. A perusal of Mr. Benton's speech upon the ratification of the treaty will show how exactly he, as one of the co-ordinate branch of the treaty- making power, understood the proposal of the British government to agree with Mr. McLane's statement of it, when he advised the President to accept it. In that speech he says : In my high and responsible character of constitutional adviser to the President, I gave my opinion in favor of accepting the propositions which constitute the treaty, and advised its ratification. The first article is in the very terms which I would have used, and that article constitutes the treaty. With me it is the treaty. The remaining three articles are subordinate and incidental, and only intended to facilitate the execution of the first one. The great question was that of boundary. The first article being the treaty in Mr. Benton's opinion, he must have made himself well acquainted with its full meaning. The leading position he occupied on the Oregon question is well known. In expounding the treaty to his col- leagues, he describes the boundary line, and designates the '• Canal de Haro " as "the channel" through which the line is to pass. lie had before him the trerty and the letter of Mr. McLane, and he gives his advice and consent to the ratification of the treaty " with a mind clear of doubt," for he says, " the great question of the boundary is settled." The injunction of secrecy was removed from the executive proceedings, cor- respondence, and documents, relating to Oregon, and they became a portion of the public documents of the Senate. As a documentary history of the nego- tiation, published to the world, by order of the Senate, upon the conclusion of the treaty, they are entitled to all the credit which is due to undisputed cotem- poraneous evidence. Taken in connection with the speech of Mr. Benton, giving JuUi/ his views of the meaning of every aiticle of the treaty, it forms a chain of evidence proving conclusively that the line of boundary between the United States and the British possessions, after it deflects from the forty-ninth parallel, was intended by the language of the treaty to run through the middle of the Gulf of Georgia and the Canal de Haro, and thence through the middle of Fuca's Straits to the Pacific Ocean. From the foregoing communication you will perceive that I have given the most careful consideration and study to the additional arguments you have ad- vanced, and the evidence you have adduced, to prove Rosario Straits to be a channel which in every respect answers to the language of the treaty j but I 30 ISLAND OP SAN JUAN. must frankly, though with the most respectful deference to your opinion, ac< knowledge that they have failed to convince me. I have, on the other hand, endeavored to rebut your arguments against my vier»8 in regard to the channel, which I need hardly say have only been strengthened by reflection since my letter to you of the 2d instant. With the most perfect respect and esteem I beg to subscribe myself, your most obedient ana humble servant, ARCHIBALD CAMPBELL, Commissioner on the part of the United Slates for determining the Northwest Boundary Line. Jamus 0. Pbbvost, Esq., British Commissioner Northwest Boundary, SfC., SfC., Sfc. of Captain Prevost to Mr. Campbell. Her Britannic Majesty's Ship Satellite, Simiahmoo Bay, Gulf of Georgia, November 24, 1857. Sir : I have the honor to acknowledge the receipt of your letter of the 18th instant, in reply to mine of the 9th instant, upon the subject of the interpret- ation to be given to part of the first article of the treaty between Great Britain and the United States, of 15th June, 1846. 2. I have given to your said letter the most careful consideration, but it appears to me for the most part only a recapitulation at greater length of the testimony you have already adduced in support of your views of " the channel which sep- arates the continent from Vancouver's Island," and to which I have already re- Iilied in a previous communication ; nevertheless, there are one or two points you lave commented upon, that I deem it but right to notice. 3. Yon state that my " admission that the Canal de Haro is undoubtedly the navigable channel which at its position separates Vancouver's Island from the continent," is, in your opinion, " equivalent to the settlement of the question ; the continent — according to the well-known geographical fact that islands are appurtenant to the main land — embracing, as natural appendages to its coasts, the islands between it and the Canal de Haro." I would respectfully observe to you that in the first article of the treaty, the direction of the water boundary line is pointed out by reference to natural objects, wiiich are distinctly denomi- nated, and I must conceive, with all deference to your adverse opinion, that those objects must be viewed according to their natural signification ; and that the continent means the continent in as strict a sense as the island means the island, and neither literally nor geographically can an island be deemed the continent, as you would seem to imply. When terms are nnmistakable, and can be interpreted closely and literally as the words of the treaty in this case can, that seems to me to be no strong argument which requires for its support such a latitude of meaning as you would claim in your interpretation of the w )rd con- tinent. I maintain that the continent as well as the island must be regarded according to its natural signification, and according to its natural position ; and when two or more channels exist between a continent and a particular island, the argument appears to me irresistible that the channel contiguous to the con- tinent is the channel separating the continent from the island, while the channel contiguous to the island is the channel separating the island from the continent. It matters not what may lie between the two to form the channels, whether it be an archipelago of islands, or a group of sunken rocks. It also seems to me a fact equally irresistible, that in such case a transposition of words must con* vey an opposite meaning, and I must acknowledge myself at a loss to conceive how you can maintain that they do not. In the case I have put, the channels an^ Tl ViJ ISLAND OF SAN JUAN. 8i opinion, ac< other hand, the channel, n since my myself, your sfor ary Line. ITE, J4, 1857. f the 18th interpret- sat Britain it appears testimony fvhich sep- ilready re- poiiits you btedly the from the question ; slauds are its coasts, y observe boundary J denomi- nion, that and that leans the smed the !, and can case can, rt such a ' u'd con- regarded on ; and 1* island, the con- channel )ntinent. lether it IS to me ust con- !onceive hannela I have surely some maani ef being described apart from any nominal designation, and I see no more direct or positive way than that I have defined. Therefore, while the words of tho treaty pointedly provide that the boundary line is to run through the channel whieb depatates the continent from the island, I can never agree that the Canal de Haro« ao the channel separating the island from the continent, can be the cbaiinel which separates the continent from the island, and consequently the cbansd of the treaty. " This process of reasoning " in no way affects either the " impertiinco " of the island or the " importance " of the continent ; it is but placing natural object* in their natural position, and dealing with them accordingly, 4. Your principal arfumetitM In favor of the Canal de Ar'^o being the channel of the treaty are uaseaupoti the correspondence of Mr. McLane, and upon the speech of Mr. Denton, and from the former you draw an inference that the Canal de Haro waf» the eh&nnel j/roposed by the British government. This in- ference I cannot adopt. I do not perceive in anything that has beer, produced any evidence that tli« Canal de Arro was proposed by the British government. The mention of the Canal de Arro by Mr. McLane in his letter of 18th May, 1846, cannot surely be aiUid a# a proof that this channel was so proposed. He reports the result of a conver«atioo« and mentions what would probably be offered. The fact that the Canal de Arro was not offered, is, I think, sufficiently estab- lished in the absence of the name, both from the draught of the convention pre- sented on the iJUi of Juue« 1846, by Mr. Fakeuham, to which you allude, and from the treaty Uself. I can never suppose that the British government in re- taining Vancouver'i Island would consent to give up the channel which was best known iu England at the time the treaty was negotiated, and in place thereof adopt a cliauuel which, at that time, was scarcely, if at all, known by them to be navigable. The cliannel now called the Rosario Strait was known in Eng- land as the navigable channel of the day, it was the channel through which Vancouver sailed, and it was the channel used by the vessels of the Hudson's Bay Company since 1835 In their communications with the northern parts of the continent or ishtnd> and I think you will agree with me in deeming it, under these circumstances, scarcely possible that the British government should know- ingly forego the treaty right of navigating the channel thus generally used. Even iu the present dayf when the Canal de Ar.o is comparatively well known, I unhesitatingly assert that sailing vessels, proceeding from the southern ports of Vancouver's Island to the northern settlements, would scarcely ever use the Canal de Arro iu preference to the Ilosario Strait, and I should be surprised if Captain Alden, of the Uidtcd States navy and Coast Survey, whose remarks you have quoted, did nut agree with me in this opinion, for in none of his obser- vations that you have adduced do I find any opinion that the Canal de Arro is preferable to the Uosarlo Strait i'or sailing vessels. The high and olUclal author ity to whom I alluded in my letter of the 9th instant, as the source of my int'orniation that the Vancouver (or Rosario) Strait was the channel contemplated by the British government, is her Majesty's present Secre- tary of State for foreign affairs, the Earl of Clarendon, and I cannot presume that he would intimate to nte in writing, as he has done, that such was the case unless he had substantial grounds for doing so. That the United States government may have contemplated the Canal de Arro as the channel of the treaty I do not at- tempt to dispute, but I Hrmly maintain that the British government contemplated the channel through which Vancouver passed — that now known as the Rosario Strait. I cannot, however, but deem that all this is, to a certain extent, extra- neous matter, I nmst again respectfully submit to you that neither the corres- pondence of Mr, McLane n contains " no boundary line whatever." While he carefully avoids giving the authority for marking thus distinctly the boundary channel, he is critically minute 'i giving his authority for engraving the line in 1852, and his reasons for di\ iding the islands of Cypress and Sinclair between the two territories. He does not, how - 40 ISLAND OF SAN JUAN. fver, attempt to explain why he postponed the introduction of the engraved boundary line until 1852, and its publication until 1853. Mr. Preuss'a map was publiphed and given forth to the world in June, 1848. Certainly, so eminent a collector of maps as Mr. Arrowsmith could not have failed, before the close of 1852, to obtain possossion of a map published in the city of Washington, by order of the United States Senate. If he had it, as it is to be presumed, he evidently regarded it af of no authority until about that period. It is to be presumec' that, when Mr. Arrowsmith receives the map of Sur- veyor General Tillon for 185G, his original impression as to the channel of the treaty will be confirmei^ and that he will restore the boundary channel to his map, as in 1849, with tl e addition of the line from the forty-ninth parallel to the Pacific Ocean. If I have not failed e:itirely in my object, I think you must be satisfied, from the correspondence w!iich has resulted from your letter of the 28th ultimo, that the views I have m£ intained in regard to the channel are too firmly fixed to admit of my agreeing to any arrangement for defining the boundary line which would divert it from the Canal de Haro. It has been my earnest endeavor to satisfy you of the force and justice of my convictions, by an unreserved exhi- bitioji of the evidence upon which I relied to sustain my reading of the treaty. If I have failed in my expectations, the effort has at least given me additional confirmation of the correctness of my views. The evidence I have produced remains uncontroverted and incontrovertible. On the other hand, no argument has been advanced or evidence adduced in favor of Jlosario Straits tliat has not, to my mind, been satisfactorily refuted or invalidated. I agree with you in the importance of an early determination s ' .. inent of the boundary line, but much as I should regret any delay in consequence of a disagreement between us, I must frankly, but respectfully, decline accepting any proposition which would require me to sacrifice any portion of the territory which 1 believe the treaty {^ives to the United States ; and in doing bo allow me to say that there is not the slightest probability that your government, your- self, or any other person, will ever be called upon for a renewal of the proposi- tion contained in your letter of the 24th instant. Fully appreciating the liberal and conciliatory spirit which actuates you on the present occasion, I can reciprocate cheerfully your kind expressions in rela- tion to our i>ast intercourse, both personal and ofiicial. With the highest rtgard and most perfect esteem I have the honor to be, most respectfully and sincerely, your obedient servant, ARCHIBALD CAMPBELL, Commissioner on the part of the United States for determining the Northwest Boundary Line, Captain James C. Pr^.vost, First British Commissioner Northwest Boundary Survey, !fc. 4 n m pha ■i Ac an4 ex\ the thi of I ^ Sir Extract from letter of Mr. Crampton to Mr. BucJianun. Washington, January 13, 1848, Mr. Pakenham, in the early part of last year, suggested to Her Majesty's government the expediency of endeavoring to arrive at an early settlement of b.tch matters of detail as are still wanting to a complete and final adjustment f everything connected Avith the Oregon boundary. In the propriety of this suggestion lltr Majesty's government concur, so fci at least as certain portions of the boundf.ry in question are involved ; but find- ing, from the Admiralty and from the Hudson's Bay Company, that some important parts of the space through which the boundary line is to run — uajucly. ISLAND OF SAN JUAN. 41 the engraved uss's map was Yf BO eminent fore the close Washington, presumed, he map of Sur- lannel of the hannel to his th parallel to atisfied, from ultimo, that mly fixed to y line which endeavor to served exhi- r the treaty, ne additional ve produced no argument tliat has not, (1 ;ie.; ding which of those channels cught to be adopted for the dividing boundary. The main channel marked in Vancouver's chart is, indeed, somewhat nearer to the continent than to Vancouver's Island, and its adoption would leave on the Bi itjsh side of the line rather more of those small islets with which that part of the gulf is studded thau would remain on the American side. But these islets are of little or no value, and the only large and valuable island belonging to the group — namely, that called Whidbey's — would, of course, belong to the United States. This question being, as I have already sad, one of interpretation rather than of local observation, it ought, in the opinion of her Majesty's government, to be determined before the commissioners go out, which cannot be earlier than the spring of next year. In bringing this matter under the consideration of the government of the United States, I am directed to present to you a copy of the propoi^ed draught of instructions to the commissioners to be so appointed, which I have the honor herewith to enclose. I avail mysi ^^ of this opportunity to renew to you, sir, the assurance of my highest consideration. JOHN F. CRAMPrON. Hon. James Buchanan. nort poll DRAUGHT OF INSTRUCTIONS. Her Majesty's government and the government of the United States having determined to appoint commissioners for the purpose of marking out that part of the line of boundary between the British and United States possessions in North America which passes through the Gulf of Georgia and Fuca'a Straits to the Pacific Ocean, I have to acquaint you, &c., &c., &c. The first article of the treaty of the loth of June, 1846, between Great Britain and the United States, provides as follows : From tlie point on tlie forty-niiitli naiiilk'l of iiortli lalitiule, wlieretlie boniiilivry Inicl d'lwn in fx;8tinf]f treiifips aii'l coiivtiitinns tietwft'iiOrcHt Hiifniii iiiid thi- United Stiites tcniiiiiHtes, the Hue of boimduiy between the territuries 'I hei liiilauuiu Mujebty and tLoHe of the ISLAND OF SAN JUAN. 43 pies of points ary question au upon the all be drawn t from Van- hannel" was iea, means a lat only one ! chart — has seems nat- employing y will exist, e line along uca down to t should be e might be lerous islets le difficulty J ted for the ft'hat nearer leave on the that part of these islets elonging to long to the rather than ment, to be r than the lent of the ed draught ! the honor nee of my proN. M es having that part tissions in Straits to United States sliall be continued westward alonf* the said forty-ninth parallel of north lati- tude to the middle of tlie channel which separates the continent from Vancouver's Island, and thence southerly through the mi Idle ofthe said channel and of Fuca's Straits to the Pacitic Ocean : Prut'utcd, however, that the navigation of the whole of said channel and strait south of the forty-ninth parallel of north latitude remain free and open to both parties. The firtit operation which, in conjunction with the United States commissioner, you will have to inulertake in tracing the above-mentioned boundary line, will be to determine with accuracy the point at which the fotty-ninth parallel of north latitude strikes the eaotern shore of the Gulf of Georgia, and to mark that point by a substantial monument. i rom that point you will carry on the line of boundary, along the forty-ninth parallel of north latitude to the middle of the channel between Vancouver's Island and the continent. The whole breadth ofthe Gulf of Georgia in this part being, as far as is known, navigable, the term " middle of the channel," used in the treaty, may here be assumed to meau the middle of the gulf. But as it is probable tliat the point which constitutes the middle of the gulf cannot well be marked out by any object to be fixed permanently on the spot, it must be ascer- tained and fixed by the intersection ofthe cross-bearings of natural or artificial land- marks. This matter the commissioners will have to settle b}' mutual agreement ; but it will be essential tha' die point in question should be marked out as ac- curately as the nature of things will admit. You will then proceed to carry on the line of boundary from this point down the middle of the Straits of Fuca to the ocean. In tracing and marking out this continuation of the boundary, the water line must probably still be deter- mined by a series of points to be ascertained by the intersection of cross-bearings. In performing this operation it will, of course, be desirable to observe as much accuracy as may be attainable. But, independently of the impossibility of arriving at mathematical precision in such a matter, such precision is the less important because the treaty stipulates that the navigation of the whole of the channel of the Gulf of Georgia and of the Straits of Fuca shall remain free and open to both parties. That part of the channel of the Gnlf of Georgia which lies nearly midway between the forty- eighth and forty-ninth parallels of north latitude appears by Vancouver's chart to be obstructed by numerous islands, which seem to be sepa- rated from each other by small and intricate channels, as yet unexplored ; it has, therefore, been mutually determined between the governments of Great Britain and the United States, in order to avoid the difficulties which would probably attend the explorations of all those channels, that the line of boundary shall be drawn along the middle of the wide channel to the cast of those islands, which is laid down by Vancouver, and marked with soundings as the channel which had been explored and used by the officers under his command. You will find the line thns described traced in red in the copy from Vancouver's chart, hereto annexed. It must necessarily be left to the discretion of the commissioners to connect this part of the line through Vancouver's channel with the other parts of the line, which, being drawn through portions of the gulf free from islands, must pass exactly half-way between Vancover's Island and the main; but the slight deviations of the boundary from the accurate midway which may for some short distance be required for this purpose cannot be of any material importance to either party. sen Great ^'laid d'lwn ferniinates, iose of the 44 ISLAND OP SAN JUAN. ' s Captain Prevost to Mr. Camphell. Her BiuTANNic Majesty's Ship Satellite, Simiahmod Bay, Gulf of Georgia, December 1, 1857. Sir : I have the honor to acknowledge the receipt of your letter of the 28th \i1timo, in which you decline to agree to the proposal I made in my letter of the 24th ultimo with a view to our being able ourselves to determine the water boundary line between the possessions of her Britannic Majesty and those of the United States, as settled in the first article of the treaty of 15th June, 1846. 2. Could I regard the correspondence of Mr. McLane and the speech of Mr. Benton as of greater weight than the treaty itself, I should probably, in the ab- sence of direct contradictory evidence of equal value, respond to your view that the boundary line should pass through the Canal de Haro ; but taking the treaty alone as my authority, and with its words plainly and unmistakably before me, I could never conscientiously admit that the Canal de Haro is a chan- nel which intrinsically answers to the channel described in that treaty. In that treaty I find two fixed points named, the continent on one hand and Vancouver's Island on the other, and it is agreed that the boundary line is to run through the middle of the channel separating the former from the latter. In this case, in my opinion, the continent is de facto the continent, as much as the island is de facto the island ; and holding this view I conceive that no interpretation of the itesLty per se can admit of the Canal de Haro being regarded as the channel through which the boundary line should pass. It appears to me that the claim to this channel rests entirely on the correspondence of Mr. McLane and the speech of Mr. Benton. If upon this ground the Canal de Haro be admitted as the channel of the treaty, with equal justness it might be argued that the line along the forty-ninth parallel should not strike the water at the forty-ninth par- allel, but that it should drfect to Birch's Bay, which is a few miles to the south- ward ; for Mr. McLane, in his letter of the 18th May, 1846, states that the offer ■n ill probably be " to divide the territory by the extension of the line on the parallel of forty-nine to the sea ; that is to say, to the arm of the sea called Birch's Bay — thence by the Canal de Haro and Straits of Fuca to the ocean ;" but I find no mention of Birch's Bay in the treaty, any more than I do of the Canal de Haro ; and as the words of the treaty are as distinct upon the one head as they arc upon the other, I cannot admit that the^s should be departed from, either to carry the boundary line through the Canal de Haro, or to deflect it from the forty ninth parallel to Birch's Bay. I conceive that the correspond- ence of Mr. McLane and the speech of Mr. Benton, and the concurrent pro- ceedings in the Senate of the United States, must be viewed in connection with the tchole Oregon question as agitated at the time, and not merely with refer- ence to the small portion of that question which is comprised in the determina- tion of the line of boundary between the continent and Vancouver's Island. I have received the whole of this evidence with the greatest respect, and I have given to it the moat careful and anxior.s study and reflection, but I cannot admit it as otherwise than secondary to the treaty. While upon this point, I would respectfully submit to you that if the treaty was intended by the United States government to accord with the correspondence of Mr. McLane and the speech of Mr. Benton, I conceive that the general maxim you have quoted from Vattel would be more applicable to the IJnited States than to the British government, for if the former intended that the Canal de Haro should be the channel through Avhich the boundary line was to pass, they should have taken care that it was so expressed " clearly and plainly" in the treaty. That it was never either the proposition or in the contemplation of the British government, every further reflection I give to the subject only the more firmly convinces me. 3. Notwithstanding the construction you are pleased to put upon the quota- tion 1 used from Vattel to show that it was not necessary to give a term every- ^ whei » still furth occu •k once, I tion ■I in tb J the I and Jifth I nel, ■5 J ISLAND OF SAN JUAN. 45 LITE, r 1, 1857. r of tlie 28th my letter of ne the water and those of 1 June, 1846. peech of Mr. \y, in the ab- your view It talcing the inraistakably iro is a chan- ty. In that Vancouver's run througfi In this case, he island is pretation of the channel at the claim ne and the admitted as lat the line f-ninth, par- >o the south- bat the ofifer line on the ! sea called the ocean ;" 1 do of the on the one 36 departed Jr to deflect correspond- urrent pro- tection with with refer- determina- Island, I in'd I have nnot admit it, I would lited States e speech of rom Vattel )vernment, lel through that it was ' either the iry further the quota- jrm every- [ where the same »]giMeAthn \n the same deed, I must, with the utmost deference, Btill maintain that It U strictly to the point for which I quoted it; and I think [further reflection on your part will show you that the objection because the term [ occurs onli/ " ofif'e," wbercfls the rule applies to words which " occur more than once," is but a mere plrtv upon words ; the whole spirit of the paragraph in Vat- tel being so evident. The word " southerly," in reference to which tlie quota- tion was made, altlioitgit only once printed, is applied twice, and, therefore, is in the same category iw If it were naed twice ; for although the actual words of the treaty a'e "ana thetiee nontlierly, through the middle of the said channel and of Fuca'fl fitraltd to the Pacific Ocean," yet you would apply the words as if they were w/itten, and thence southerly through the middle of the said chan- nel, and tliente toulherUj through the middle of Fuca's Straits to the Pacific Ocean. Although I do not for one moment suppose that the word south- erly was intended by the tf«"nty-makers to apply to Fuca's Straits at all, yet you have thought fit to 80 interpret it, and I do not dispute that, viewing the construction of the pftM»age In which it occurs in a strictly grammatical sense, such an interpretation may be given to it. The further quotation I used from Vattel is also, I conceive, utriet^ applicable ; for no '* absurdity" follows the strict use of the term •' southerly" In connection with Rosario Strait, although it does if the term be similarly used In reference to the boundary line reaching the Pacific Ocean through the Straits of Fuca. 4. In your letter of the 18th ultimo, in alluding to a continuous channel from the Gult of Georgia to the Straits of Fuca, you state, "but whatever name may have been given to the waters broken up by the islands" (between the con- tinent and Vancouver'i Island,) "they are all continuations of the waters pro- ceeding from the Htralts of Fuca or Gulf of Georgia, and are all fcrfectly on an equality in that respect}" and again, "it has been acknowledged that Rosario Strait, in commonwith the, other channels, is a continuation of the Gulf of Georgia.'* After stating this as yoor conviction and opinion it is difficult for me to conceive how you can reconcile the claim to trace the boundary line through the middle of the Canal de Haro with a strict adherence to the terms of the treaty, " taking the words in the moit literal sense." Surely, if all the channels between the continent and Vaneoaver's Island, from the southern termination of the Gulf of Georgia to the ea«tera termination of the Straits of Fuca, are a continuation of the channel called t|je Gulf of Georgia, it must necessarily follow that they are collectively part qf that channel, and consequently the " said channel" of the treaty, through the " middle" of which the line of boundary should be carried to accord with the terms of the treaty. Although I do not admit the correct- ness of your view with regard to all the channels in the position before described forming a continuation of the channel of the Gulf of Georgia, yet it was this statement of your view that Induced me to make the proposition I did, with the sincere hope that we might ourselves come to an arrangement of the matter; and when 1 reflected upon this statement of yours, and when I voluntarily offered to recede from what I firmly and honestly believed was not only the intention of the British government in employing the words used in the first article of the treatv, but also the true and literal interpretation of the words themselves ; and when 1 offered to abandon what I most conscientiously and candidly conceived was the better claim of the two, solely in order that the matter might be settled at once and by ourselves, I think it was no unreasonable hope to indulge and no over-confident expectation to entertain that I should meet with the roost ready response from you. That it has not been so, I can now only regret; and It is but for me now to propose that a conference be held whenever it may be convenient to you, in order that it may be formally recorded that we are unable to agree as to the direction of the boundary line, and that 46 ISLAND OP SAN JUAN. you decline to accede to my proposition for an amicable compromise, and that we therefore decide upon a I'efereuce of the whole matter to our respective gov- ernments. With the utmost consideration and esteem, I beg to subscribe myself, sir, your most obedient, humble servant, JAMES 0. PREVOST, Captain H. B. M. shijt Satellite and Her Majesty's First Commissioner for detert/iining the aforesaid Boundary. Archibald Oampbbll, Esq., U, S. Commissioner Northwest Boundary, Sfc., Sfc., Sfc. Mr. Campbell to Captain Prenost. United States Northwest Boundary Commission, Camp Stmiahmoo, ^9th Parallel, December 2, 1857. Sir : I have the honor to acknowledge the receipt of your letter of the first instant. In my previous letters I have distinctly stated that the Canal de Haro, in my opinion, is the channel intended by the treaty, taking it " in the most literal sense consistent with its execution," and I have given my reasons there- for. In like manner you have asserted that Rosario Straits is " the channel" of the treaty, and given the grounds upon which your opinion is based. Finding, however, that we could not agree by confining ourselves to the mere words of the treaty, I laid before you contemporaneous evidence of the highest authority and most undoubted authenticity, in hopes that it would aid in settling the disputed question and enable us to execute our instructions by carrying the treaty into effect. You did not decline to consider this evidence, but attempted to degrade its character by designating it as mere opinions and to destroy its force by the production of what you were pleased to call " counter evidence." But when you find its facts to be incontrovertible and the counter evidence entitled to no credit, you again intrench yourself behind the mere words of the treaty, and refuse to " admit any evidence whatever on the subject to weigh with" you "that would lead to an interpretation that the precise terms of the treaty will not admit." I also called your attention to the views of your own government in 1848, within two years after tlie conclusion of the treaty, to prove that there was no evidence iu existence that Rosario Straits was ever intended as " the channel" of the treaty. With such evidence in favor of the Canal de Haro, and against the Rosario Strait, I think I had good reason to expect an ackuowledgmeut on your part that you were mistaken in the views you first entertained. You now say it appears to you that the claim that the Canal de Haro is " the channel," ''rests entirely on the correspondence of Mr. McLane and the speijch of Mr. Benton." If this be a fair construction of my position in regard to that channel, then the claim for Rosario Straits rests on no foundation whatever, for your opinion, equally with my own, is set aside by such a view of the case. Having show n, heretofore, that the evidence of Mr. McLane and Mr. Benton proves that the Canal de Haro was or'ginally intended by the British govern- ment, and that the intention remained unchanged. I am not unwilling to let the question rest entirely u[){)n llnir evidence for the present. When any sub- stantial cotemporaneous counter evidence is produced, it will then be time enough to bring forward more if necessary. I do not deem it necessary to enter into any argument to show the fallacy of your inference, that if tlie Canal dc Haro be admitted as "the channel," with equal justness it might be argued that "the line along the forty-ninth parallel f ' >uld not strike the water at the forty-ninth jmralle/, but that it should dcjiect ISLAND OF SAN JUAN. 47 to Birches Bay" A glance at Vancouver's chart, or at "Wilkes's map of tlio Oregon TeiTi to ry, will show why that "arm of the sea" was named by Mr. McLane in giving the substance of the proposition of the British government, and also why it was not introduced into the treaty. Your remark as to the applicability of the general maxim of Vattel (quoted by me) to the United States, rather than to the British government, might have some force if the proposition had not emanated from the latter. The language chosen to convey their intention could not be objected to by the former, unless it failed to express that intention clearly. That it was fully understood I have heretofore shown. In recognizing and admitting the fact that the various channels between the continent and Vancouver's Island are directly or indirectly connected with the Straits of Fuca or Gulf of Georgia, I do not see any conflict with the claim I have made, that the boundary line should be traced through, the middle of the Canal de Haro in strict adherence to the terras of the treaty; for, even if according to your proposition all the space referred to should be considered ane channel, it would be impossible to run a line " through the xiddle of the said channel " in strict accordance with the terms of the treaty, without comiug in contact with islands. But following the precedents in like case? where there are several channels, it would make no difference in the result, for the main channel would have to be adopted, and, consequently, the Canal de Haro would still be the channel of the treaty. From the conclusion of your letter it might appear as if I had disappointed a reasonable expectation on your part that I would respond to your proposition for a mutual concession. Considering the powerful evidence I have brought forward to sustain my opinion that the Canal de Haro is " the channel," against your opinion alone, unaccompanied by a particle of evidence to sustain it, I am at a loss to understand upon what ground you could have expected me to yield one inch of the line I have claimed, and proved to be the true boundary in- tended by the treaty. I must candidly confess that I think any proposition with a view to concession on the part of the United States was hardly justifi- able under the circumstances. With the highest regard and esteem, I have the honor to be, very respect- fully, your obedient servant, ARCHIBALD CAMPBELL, Commissioner on the part (if the United States for det>.rmining the Northwest Boundary Line. Captain Jambs C. Prevost, R. N., H. B. M. First Commissioner N. W. Boundary. I f' Captain Prevost to Mr. Campbell. Her Britannic Majesty's Sk-i» Satellite, Sitniahmoo Bay, Gulf of Georgia, December 3, 1857. Sir : I have the honor to acknowledge the receipt of your letter of yester- day's date. With every assurance of my respect and esteem, I have the honor to remain your most obedient, humble servant, JAMES C. PREVOST, Captain H. B. M. ship Satellite, and her Majesty's First Comfnissioner Jbr determining the Line of Boundary between the Continent and Vancouver's Island. Archibald Campbell, Esq., U. S. Commissioner N. W. Boundary, Sfc., i^c., Sfc. % >i 48 ISLAND OV BAN JUAN. MINUTES OF I'ROCKKniNOS OF JOINT COMMISSION. Fir/It Meeting. Oil Saturday, the 27th tlav of Juno, 1867, met on board her Britannic Maj- esty's ship Satellito, in the iiaVbor of K«quimfllt, Vancouver's Island. Archibald Campbell, esq,, appoititud (jorotnirisioncr on the part of the United States of America to cany into cflVfCt tlui first article of the treaty between the United States and Her Dritannle MnJ(!Mtv of the 15th June, 1846. Lieutenant. Tohn G. Parke, Toito^rniiliical Engineers, appointed Chief Astrono- mer and Surveyor on the part of the United States of America to carry into effect the first article of the treaty nn nfort^said. James Charles Prevost, esq,, (japtnin Uoyal Navy, commanding Her Britannic Majesty's ship Satellite, appointiid In^r Britannic Majesty's first Commissioner for determining so much or the boundary line according to the first article of the treaty aforesaid as is to be traced from the point where the forty-ninth parallel of north latitude strikes the enHterii idioro ot the Gulf of Georgia. llespective commissions exhibited and read and found to be in due form. Commissions of Mr. Campbell and Lieutenant Parke, dated 14tb February, 1857. Commission of Captain J. 0. Pruvost, dated 18th December, 1856. Commissioners discussed generally their future plan of operations and agreed to proceed, so soon as may be convenient to both parties, to the locality of Point Roberts, in the neighborhood of which tlio initial point of the boundary line is expected to be found. Baeond Meeting. Circumstances having occurred which brought about a meeting of the Com- missioners on board Her Majenty'i* ship SntelTite in Nanaimo harbor, Vancou- ver's Island, on Friday, the 17tn July, 1867, Mr. Campbell and Captain Pre- vost met together, and having dittcuHMed matters and finding that the surveying vessel, the Plumper, had not yet arrived, and no actual progress could be made without her assistance, they therefore agreed to adjourn until the course of events should render a further m&<)tlng desirable. Third Meeting. Third meeting of the Commission for determining the Boundary line under the first article of the treaty between the United States of America and Great Brit- ain of 15th June, 1846, took pliice on board Her Majesty's ship Satellite in Simiahmoo Bay, near to Point Aobert0> on Monday, 26th October, 1857, at 11 a. m. Present : Archibald Campbell, esq,, United States Coramissioner ; Lieuten- ant J. G. Parke, United States Army, Chief Astronomer and Surveyor United States Commission ; James 0. Prevodt, c«q., British Commissioner; William A. G. Young, Secretary British Ooromlmslon. Commissioners proceeded tb dlMCUKB the itibject of the water boundary. Oap- ' Tin Prevost stated his regret that Her Majesty's surveying vessel Plumper was ^'I'l absent, but as he had opportunities of verifying the general accuracy of the United States Coast Survey chart of 18/54, he was willing to take that chart as the chart upon which the general charnct(!r of the boundary line could be deter- mined, leaving the correct tracing of that line as an afterwork to be carried out by the surveyors. First article of the treaty of lAtli Jane, 1846, read : Subject, as to which channel (should be received as the channel of the treaty discur^sed by the com- missioners, Mr. Campbell maintaining; that, according to his views, the line Fourl Gulf of) OctobeiT PresJ Disci de Harj ISLAND OF SAN JUAN. 49 should pass through the Canal de Have, nud Captain Prevost stating that it ap- peared that the channel called the Rodario Strait was the only one that would answer to the channel laid down in the treaty. Commissioners adjourned at 1.30 p. m. to consider over the different points advanced in favor of the respective views entertained. Fourth Meeting. Fourth meeting of the Northwest Boundary Commission at Simiahmoo Bay, Gulf of Georgia, on board Her Majesty's ship Satellite, at noon of Tuesday, 87th October, 1857. Present : Same as preceding day. Discussion as to which of the two channels, the Bosario Strait or the Canal de Haro, was the better navigable channel, Captain Prevost stating that for sailing vessels the Rosario Strait was preferred to the Canal de Haro. Discussion as to the channel of the treaty, Mr. Campbell advancing that the Canal de Haro was the channel intended, and Captain Prevost contending that the Canal de Haro would not meet the conditions of the channel of the treaty. Commission adjourned at 2 p. m. Fifth Meeting. Fifth meeting of the Joint commission for determining the Boundary line under the first article of the treaty of June 15, 1846, between the United States and Great Britain took place at the office of the United States Northwest Bound- ary Commission, Camp Simiahmoo, near the forty- ninth parallel, Friday, No- vember 20, 1857, at 2^ o'clock p. m. Present : Archibald Campbell, esq., United States Commissioner ; Lieutenant John G. Parke, United States Army, Chief Astronomer and Surveyor United States Commission; Wilfiam J. Warren, Secretary United States Commission; ' James C. Prevost, esq.. Captain Royal Navy, first British Commissioner; George Henry Richards, esq.. Captain Royal Navy, second British Commissioner ; William A. G. Young Secretary British Commission. Captain Prevost stated that he had received the letter from Mr. Campbell of the 18th instant, but he was not yet prepared, to enter into any discussion upon it ; and that the object of the present meeting was to introduce Captain Richards. The meeting adjourned at 3 o'clock p. m., Mr. Campbell leaving it to Captain Prevost to name the time of the next meeting. Sixth Meeting. Present: Same as at last meeting. A meeting was held on the 3d day of December, 1867, at the camp of the United States Northwestern Boundary Com- mission, Simiahmoo Bay, Gulf of Georgia, of the Joint Commission for determin- ing the line of water boundary described in the first article of the treaty be- tween the United States and Great Britain of the 15th of June, 1846. Captain Prevost, Her Majesty's first Commissioner, stated that he had duly received and attentively considered all Mr. Campbell's correspondence upon the subject of " the channel " through which the boundary line was to pass ac- cording to the treaty, and that he was unable to admit that the Canal de Haro, as claimed by Mr. Campbell, was a channel which would meet the requirements of the treaty, but on the contrary that he considered the channel now called the Rosario Strait was the only one which would in all points answer to the chan- nel described in the treaty. Such being the case, and Mr. Campbell remaining firm in his opinion as to the Canal de Haro being the channel through which the boundary line should pass. Captain Prevost had proposed that the disagree- Ex. Doc. 29 4 i :.s;;! i?-l 60 ISLAND OF SAM JUAN. mcnt shonid be settled by mutual compromise, which proposition Mr, (yAmphell declining to entertain, he begged now to submit that the wholu mittt(*r ntiu cor- respondence connected with the same should be referred hy ettch to h\n goveru- ment. Mr, Campbell, United States Gommissioner, in reply stated that hfl did not concur in the proposal as to the reference of the matter to the ruMpi'Ctlvn i^DVerii- ments, but that so far as he was concerned he should remrt prociM'dingH to hii* government, submitting at the same time all the correspondence upon tin; rttibject. Commissioners agreed to adjourn until circumstances itliuuld rondor their meeting again necessary. Commission adjourned. ARCHIBALD CAMPBELL. JAMES C. PRBV08T. Mr, Campbell to Mr. Cast. Washington, June 1, ISflS. SrR : I transmit herewith a copy of a letter from Mr. Everett, And A pamphlet by William Sturgis, which I respectfully request may be filed with the docu' ments already submitted by me in relation to the determination of thti boundary channel between the continent and Vancouver's Island. I have the honor to be, very respectfully, your obedient servant, ARCHIBALD CAMPBELL, Com'r N. W. Boundary Survey. Hon. Lewis Cass, Secretary of State. Mr. Edward Everett to Mr. Camphell. ,6. Boston, May 8t, Dear Sir : Your favor of the 27th reached me yesterday. I loHt no Iflmo in placing it in the hands of Mr. Sturgis, who is my near neighbor, and requesting of him a copy of his pamphlet for you. He has kindly placed three copies in my handii, which I forward by this day's mail. With respect to your inquiry how it became known that this pamphlet was placed in poesessien of the framers of the treaty of 184G, Mr. Sturgis Informs me that pending the negotiation he was in confidential correspondence with his relative, Mr. Bancroft, at that time a member of Mr. Polk's cabinet, and for ob- vious reasons the member most likely to have influence in reference to A question of an historical character; and also with Mr. Joshua Bates, of London, tfiu well- known member of the house of Baring Brothers & Co. Mr. Sturgls'ii pamphlet and letters were communicated regularly by Mr. Bates to Lord ^^'erdeon, then minister of foreign affairs. Mr. Sturgis has read me, within un hour, portions of this correspondence ; and in one of Mr. Bates's letters it is stated that, at n recent dinner at his son-in-law's, Mr. Van de Weyer, the Belgian minister, when Lord Aberdeen and Mr. Bates were present. Lord Aberdeen informed Mr, Bates that he considered Mr. Sturgis's pamphlet a fair, practicable, and sensibJo view of the subject, and that it had been read by all the ministers. I will only add the suggestion that as the radical principle of the boundary is the 49th degree of latitude, and the only reason for departing from It was to give the whole of Vancouver's Island to the party acquiring the largest part of It } the deflection from the 49th degree southward should be limited to that object, and the nearest channel adopted which fulfils the above conditions. I remain, dear sir, sincerely yours, EDWARD EVERETT. Archibald CAMpnELL, Ei.*ridence, I suggested to Lord Napier that an examination of the instructions of Lord Aberdeen to Mr. Pakenham containing the •' proposition " referred to by Mr. McLane ought to throw some light upon the subject. He subsequently produced the original despatch from the archives of the legation, and submitted it to my perusal. It is a long document, (dated May 18, 1846,) and is mainly devoted to a review of the state of feeling between the United States and Great Britain upon the Oregon question, contrasting favorably the conduct of Great Britain with that of the United States throughout the excitement. In resuming the negotiation for an amicable settlement of the question, Mr. Pakenham is authorized to propose as a boundary line •• the forty-ninth parallel to the sea-coast, thence in a south- erly direction through the centre of King George's Sound and the Straits of Fuca to the ocean, thus giving to Great Britain the whole of Vancouver's Island and its harbors." I regret that Lord Napier did not feel at liberty to furnish me with a copy of the document, as I requested ; but, as he declined, I was obliged to content my- self with a careful perusal of it. I wrote down the foregoing description of the boundary line from memory shortly afterwards, and believe it is substantially, if not verbally, correct. For greater certainty, however, it would be well for the department to obtain a copy, as there may be other points touching the sub- ject of the boundary which escaped my notice in the attention I had to bestow on the above extract. Mr. McLane, in his despatch to Mr. Buchanan, of the same date, (May 18, 1846,) refers to the proposition to be submitted to the United States through Mr. Pakenham, as follows : I have now to acquaint you that after the receipt of yonr despatches, on the 15th instant, hy the Caledonia, I had a lengthened conference with Lord Aberdeen, on which occasion the resumption of the negotiation fur an amicable settlement of the Oregon question, and the nature of the proposition he contemplated submitting for that purpose, formed the subject of a full and free conversation. I have now to state that instructions will be transmitted to Mr. Pakenham by the steamer of to-morrow to submit a new and further proposition on the part of this government for a partition of the territory in dispute. The proposition, most proba- bly, will otfer, substantially, first, to divide the territory by the extension of the line on the Carullel of forty -nine to the sea ; that is to say, to the arm of the sea called Birch's Bay; thence y the Canal de Haro and Straits of Fuca to the ocean ; and confirming to the United States, I8LAKD OP SAN JUAN. 59 i Si Sketch No. 1. [Copied from Vftfiednvcr's chart, with line denoting vessel's track northward.] 1339 [W. Long, from Oreenwicb.] 132^ *;.■"? ^r '•Vf 'I id S \ [E. Long, from Greenwich. | vl, 501 49l ISLAND OF SAN JUAN. 61 i Sketch No. 2. [Copied from Wilkes' Map of tbe Oregon Territory.] 1^* ui* «j{^ji i*-l wliat iD( imvigatc Botb the pro diacues tained most pi will 8h( I eiM inform( ment w 1 also 8 ritory ' Vancou princip There ( possess be Moi Non( space b of, the Canal d and the islands, Vancou treaty s ver and of an ei 48° 47' Vancou fi om V which ] some id part of Hudson from th showinj The Br chart oi Hudsor Richarc warded The " chaun nearest traced, line des the line Mr. 1 is to sa; space b was des name o\ error m small it few mil is inten ISLAND OF SAN JUAN. 68 what indeed thoy would possess without any special coufirmation, the right ficeljtouse and navigate the strait throughout its extent. Both despatches having been written almost immediately after the " nature of the proposition " to be submitted to the United States had been fully and freely discussed, it may seem strange that the description of the boundary line con- tained in them is not identical. But an examination of the maps which were most probably before Mr. McLane and Lord Aberdeen in describing the line will snow the difference between them to be only apparent. I encloue a traced copy of Vancouver's chart, which, Captain Frevost officially informed me, he had " not the least doubt " was the map used by his govern- ment when the boundary line was under consideration. (See sketch No. 1, p. 59. ) 1 also send a traced copy of so much of Captain Wilkes's " Map of Oregon Ter- ritory " as is necessary to show the boundary channel between the continent and Vancouver's Island, which, I have every reason to believe, is the map which was principally relied on by Mr. McLane at the same time. ( See sketch No. 2, p. 61.) There can be little doubt that both Lord Aberdeen and himself had also in their possession, the Spanish Admiralty chart of Vancouver's Island, Greenhow's, De Mofras' and other maps of the northwest coast. None of the maps extant at that day present a perfectly correct idea of the space between the continent and Vancouver's Island at, and immediately south of, the forty-ninth parallel. The Straits of Fuca and the archipelago east of the Canal de Haro are fairly enough represented ; but between the Haro Archipelago and the forty-ninth parallel the space is inaccurately represented as free from islands, and, consequently, with but a single channel between the continent and Vancouver's Island. The surveys made subsequently to the conclusion of the treaty show that what was laid down by the early Spanish navigators, by Vancou- ver and by Wilkes, as the eastern coast of Vancouver's Island is in fact the coast of an extensive archipelago skirting the shore of the main island between latitude 48° 47' and 49° 10'. The actual space between the coasts of the continent and Vancouver's Island is nearly twice as great as it appears on the enclosed sketclies from Vancouver's chart and Wilkes's map. A glance at the Coast Survey chart which I deposited in the department with my report of last February will give some idea of the true position of the coast of Vancouver's Island ; but as that part of the chart is only copied from a sketch furnished Captain Alden by the Hudson's Bay Company, it is by no means reliable. I send herewith a tracing from the last admiralty chart of " Vancouver Island and the Gulf of Georgia," showing the same change in the coast of Vancouver's Island on a smaller scale. The British surveying steamer Plumper has recently completed the survey and chart of the greater portion of this space hitherto so little known except to the Hudson's Bay Company. As soon as I obtain a tracing of it from Captain Richards I will have a copy of the Coast Survey chart corrected by it and for- warded to the department. The claim of the British government, made by their commissioner, that the " channel which separates the continent from Vancouver's Island" is the channel nearest the continent, or that through which the track of Vancouver's vessel is traced, makes it important to examine Vancouver's chart in connection with the line described by Lord Aberdeen, and at the same time to trace on Wilkes's chart the line described by Mr. McLane. Mr. McLane, in tracing on the map the forty-ninth parallel <' t > the sea, that is to say the arm of the sea called Birch's Bay," evidently supp >8ed that the space between the continent and Vancouver's Island at the forty-ninth parallel was designated as Birch Bay. And from the|conspicuous position given to the name of Birch Bay on Wilkes's map, and even on Vancouver's chart, such an error might very naturally occur. In reality, however. Birch Bay is only the small indentation on the mainland at the extreme right of the name, and is a few miles south of the forty-ninth parallel. The name of the Gulf of Georgia is intended by Wilkes to extend from the parallel of 50o as far south as the m \it 'jet of the treaty uS the channel through which the boundory line was to run, but that Bubseqviently the proposition was "df^signcdly altered," the Canal de Haro expunged, *' "od the wording of the treaty as it now stands ISLAND OF SAN JUAN. 67 substituted to meet the alteration." After stating his reasons for believing this alteration was mp.de, Captain Prevost says : I am the more strengthened in my opinion on this subject from having been officially in- formed by high and competent authority that the channel commonly known in England as the Vancouver Strait — that now called the Rosario Strait — was the channel contemplated by the British government as the channel of the treaty ; and the mention of a particular channel by Mr. McLane, and the absence of the name of that channel from the treaty, together with the very peculiar wording of the treaty, would seem almost conclusively to prove the fact. Presuming Captain Prevost seriously entertained the opinion that the projet was "designedly altered," I labored, and I think not without success, to sat- isfy him that it could not have been altered with the knowledge or consent of Mr. McLane or of Mr. Buchanan, and that in good faith it could not have been altered by the British government without their knowledge and consent. I was at a l«)Bs to conceive when and where this designed alteration could have taken place, whether at London or Washington, and called upon Captain Prevost for further information on the subject. The only reply I received was that " the high and official authority to whom I fhe] alluded in my [hisj letter of the 9th inftant, as the source of my [his] information that the Vancouver [or Rosario] Strait was the channel contemplated by the British government, is Her Majesty's present seen ary of state for foreign affairs, the Earl of Clarendon, and I cannot presume that he would intimate to me in writing, as he has done, that such was the case, unless he had substantial grounds for doing so." The " very peculiar wording of the treaty," referred to by Captain Prevost as tending " almost conclusively to prove the fact" that the projet of the treaty was " designedly altered," is explained by him as follows : In support of my proposition that the Rosario Strait should be the channel of the treaty, I advance that it is the only channel that will admit of being considered the channel according to the treaty which " separates the fontinent from Vancouver's Island." You state that "while the other ciianneis only separate the islands in the group from each other, the Canal de Haro I'oi' a considerable di.stuuce north of the Straits of Fuca, and where their waters unite, washes the shore of Vancouver's Island," and is therefore tlie only one which, according to the Ian guage of the trp^'Hty, "separates the continent from Vancouver's Island," Surely this would jiiove tbi' conversf of the proposition. It ap^°ars to me a direct proof that the Canal de ifaro is the cliannel separating Vancouver's Islai A from the continent, and therefore, so long as other channels exist more adjacent to the continert, cannot be the channel which sepa.ates the continent iVom Vancouver's Island. I would ask your best attention to this most pecu- liar language of tlie treaty, in which the usual terms of expression appear to be designedly reversed, for tlie lesser is not separated from the greater, but the greater from the lesser — not tlie island from the continent, but the continent from the island, and therefore it would seem iudis; .(table that \vhere several channels exist between the two, tluit channel which is the nic it adjacent to tlie continent must be the channel which separates the continent from any islands lying off its shores, however remote those islands may be. From this extract it will be seen that Captain Prevost bases his claim to Rosario Straits? as the boundary channel solely on the ground that the words "the continent " and " Vancouver's Island" "appear to be designedly reversed " in the language of the treaty. Whilst it is scarcely credible that such a trans- position of words could have been made with a view to caltcr the sense of the treaty, still the confidence with which Captain Prevost maintains this ground in the face of tho ua'».- I »/ t 'i rv\ 74 ISLAND OF SAN JUAN. It seems strange that the British admiralty in 1856 should have been ignorant of this survey and chart, considering the watchfulness of the Hudson's Bay Com- pany authorities on Vancouver's Island, the vigilance of Mr. Orampton at Wash- ington, and the general dissemination of the Coast Survey reports. But whether the British government were or were not in possession of the information the chart furnishes in relation to the two channels, the additional reason urged by Mr. Crampton for the prompt adoption of Vancouver's Channel is none the less an acknowledgment that the proof of the existence of a broader and deeper channel should dpfinitively settle the question of the boundary. The survey referred to was made by direction of President Pierce, as will be seen by the accompanying copy of a letter from Mr. Marcy to the Secretary of the Treasuary, dated June 3, 1853. I am not aware of the immediate cause of this survey, but as the British government had, on the occasion of each new administration after Mr. Polk's, renewed the effort to have the water boundary settled by the adoption of Vancouver's Channel, I presume that Mr. Marcy's attention was also called to the subject by the British government. There may be a letter from Mr. Crampton on file in the department written at that period, and, perhaps, other documents not hitherto published explaining the action of the department at that time in relation to the boundary. Senate document No. 351, Report Com., thirty-fourth Congress, first session, contains an estimate for a survey of the water boundary transmitted by Mr. Marcy to Mr. Hunter, chairman of the Finance Committee of the Senate, dated July 15, 1854 ; and also a communication to Mr. Mason, chairman Committee on Foreign Relations, dated February 18, 1856 ; by which it appears that the President's annual mes- sage of 1855 recommended an appropriation for the survey of the northwest boundary. The present commission was authorized by act of Congress August 11, 1856, and in the summer of 1857 met the British Water Boundary Commission at Vancouver's Island. In October of that year the joint commission convened at this place for the purpose of determining the boundary line between the conti- nent and Vancouver's Island. The discussion ended in a disagreement as to " the channel " through which the boundary line should run from the Gulf of Georgia to the Straits of Fuca. The principal arguments and evidence on both sides of the question are referred to in the preceding pages. The correspond- ence embodying the whole discussion will show that the disagreement did not result from any inherent difficulty in the question, but from the assumption on the part of the British commissioner of an infallible interpretation of the treaty, by refusing to admit cotemporaneous evidence of the intentions either of his own government or that of the United States to have any weight with him. The cotemporaneous evidence which I produced and exhibited to him to show the fallacy of his interpretation of the treaty and the correctness of mine, to say the least, proved his interpretation to be a studied misconstruction of the word " southerly," (so as to exclude the Canal de Haro from the terms of the treaty,) and a disingenuous inversion of the real meaning of " the channel which separates the continent from Vancouver's Island," to secure the group of islands between the Canal de Haro and Rosario Straits to the British government. Up to the period of the meeting of the joint commission, the Canal de Haro and Rosario Straits were the only channels that had ever been mentioned in con- nection with the question of the boundary ; but before I left Washington for this coast, in the spring of 1857, in an interview I had with Lord Napier, I saw an indication that another channel, in the shape of " an amicable compromise," was likely to be proposed before the matter was settled. I was, therefore, not altogether unprepared, however much reason I might have had to be surprised, when Captain Prevost, having failed to convince me of the infallibility of his interpretation of the treaty and the utter worthlessness of my own, (wishing it at the same time to be " distinctly understood " that he was " induced thereto by ISLAND OF SAN JUAN. 75 no change of opinion on any one point,") announced that he conceived it had be- come ' our positive, as well as our conscientious duty, to endeavor, in a concili- atory spirit and by mutual concession, to settle the matter." Having seen " a way by which " he could, "in part, meet my views without any gross violation of the terms of the treaty," he proposed that we should consider the whole space between the continent and Vancouver's Island " as one channel" and run the line " through the ' middle' of it, in so far as islands will permit." In submitting the proposition he says : " I make the present offer without committing either my government or myself, or any other person, to a renewal of it at any subse- quent period, should it not now be accepted." It is unnecessary to say that I de- clined entertaining such a proposition. I have reason to believe that the offer, in some form or other, will be renewed by the British government, notwith- standing the threatened penalty in the event of a non-compliance on my part. It is not at all improbable that a new reading of the treaty will be resorted to, by which the whole space between the continent and Vancouver's Island will be interpreted to be " the channel which separates the continent from Vancouver's Island." If the Britisb government should propose to the United States such a reading of the treaty, it would be with the view of securing possession of the island of Sau Juan, and of destroying the unity of the group of islands so important to the United States in a military point of view. If, however, the " generally- admitted principle " in regard to the main channel be adhered to, the line would Btill run, as heretofore claimed by the United States, through the Gulf of Georgia and Canal de Haro, the two channels which, in connection, constitute the main channel between the forty-ninth parallel and the Straits of Fuca, and on such a condition there might appear to be no objection to adopting the whole space between the continent and Vancouver's Island as " the channel " of the treaty. But there is another view of the question to be taken into consideration be- fore adopting this reading of the treaty. Even though the line may be carried through the middle of the Gulf of Georgia and Canal de Haro, whether the whole, space or a particular channel be considered " the channel " of the treaty, there may be some difference in the effect of the proviso to the first article, ac- cording to the interpretation to be placed upon " the channel." The proviso declares " that the navigation of the whole of the said channel and straits south of the forty-ninth parallel of north latitude remain free and open to both parties." Had Rosario Straits been agreed to by the United States and adopted as " the channel " of the treaty, there can be no doubt that the British government would, have 80 construed the proviso as to confine the navigation of American vessels to that particular channel ; and a similar construction of the proviso I presume will be applied by the United States to British vessels, if the Canal de Haro be adopted as " the channel." If, however, the whole space, bet ween the continent and Vancouver's Island be considered " the channel which separates the continent from Vancouver's Island," under the proviso the navigation of the whole of its waters will be " free and open to both parties." And, according to the views of the British govern- ment, as recently indicated by the British commissioner at a meeting of the joint commission, every harbor, cove, and inlet on the continental side of " the channel " and straits may be claimed as part of " the channel," and consequently " free and open to both parties." I transmit herewith a copy of the record of the proceedings of the meeting referred to, which was convened for the purpose of definitively fixing and mark- ing, by suitable monuments, certain important points, therein specified, at and near the western terminus of the boundary line on the continent, viz : 1st. The point where the forty-ninth parallel strikes the western coast of the •41 'Mil \% U.\ iiM M-i ■ ■; ^ 76 ISLAND OF SAN JUAN. continent or the eastern Bhorn of tlifl Gulf of Georgia, on the amall peninsula of Point Roberta, a fow miloH Houtli of FrnHer's river. 2d. The point where thu fortv-niuth pnrallel fltrikes the eastern shore of Point Roberts or western shore of Himiahmoo Bay, about three miles east of the first point. 3d. The point where the forty-ninth parallel strikes the eastern shore of Simiahnioo Bay, fifteen mlloH eiiMt of the fir^t point. Oaptain Prevost expresHod hiM n^adiness to adopt the points as determined by the astronomers of the joint couimJMMlon ; but when I proposed to mark thejirst point as the initial point of the land and water boundary, it being the common point where the forty-ninth parallel lnf:| 78 ISLAND OF SAN JUAN. jarisdiction of the colony and under the protection of British IftWN, I liMvn nUo the order of her Majesty's ministers, to treat those islands as parts of tha JJritish dumiiilons." I do not know at what period Governor Douglas received thfino orders, nor whether they were communicated to the United States by tho Hritish govern- ment. As nearly as I have been able to learn, the inland of Ban Juan was first occupied in 1852, by the Hudson's Bay Company, as a sheep nriMture, with nn agent and a few shepherds to take charge of the property. I'ntviously there was an Indian fishery on the island, probably under the control of the Iludson's Bay Company. The laws of Oregon and Washington Territories include thoso ittlands within their jurisdiction, and some Americans settled upon San Juan in 18/i3 ; but feeling insecure from Indian attacks they soon withdrew. A deputv collector of the United States has resided on the island during a part of tho time, and is there now. By reference to Senate Doc. No. 251, it will bo seou that in 1855 a collision of jurisdiction took place. Tlie sheriff of WImtcom county levied taxes upon the Hudson's Bay Company's property, which the ngont refused to pay, on the ground of his being a British suitject, acknowledging no authority except that emanating from his own government. Tho proportv was seized and sold for the payment of the taxes ; and a claim for dawitgoM is now before the department, amounting to near three thousand pounds, 1 appond herewith an extract from a report of Captain Alden, United States navy, to tho Superin- tendent of the Coast Survey, in 1853, by which it will bo soon that as eorly ns July, 1853, Governor Douglas assumed authority over LopcK lMhutd» one of tho Haro group.* Until the line is definitively settled there is a constant liability to collisions of jurisdiction. The first step in the encroachments of the Britisli government upon this part of the territory of the United States, if Mr. Bancroft bo correct In his supposi- tion, originated in the desire of the Hudson's Bay Company to poHsess tlicso islands. The decided position taken by him in regard to tho Canal do Haro for a time checked any attempt on the part of the British govornmont positively to claim Rosairo Straits as the boundary. With much cautioui and by careful up- proaches, this was at length attempted in 1848, but failed. Tho govornmont then, it seems, gave orders to Governor Douglas to consider tl»o group of islands as part of the British dominions. In a previous part of this communication, I referred to tho fact that the maps of the northwest coa?t, extant at the date of the treaty, ropresontod that part of the space between the continent and Vancouver's Islauo, Imrnodiatoly north and south of the 49th parallel, as free from islands, and, coiisoi^uontly, with but one channel; and called attention to the maps of a later date, on which the coast of Vancouver's Island is thrown further to the west, and an oxtonsive archipelago substituted. The chart of the Coast Survey published in 1854 is intended to roprosont tho whole space between the continent and Vancouver's Island, In tho vicinity of and south of the 49th parallel, but principally the Canal do Hai'o and Itooario Straits, and the neighboring archipelago. In executing thJM Hiirvoy for the Slate Department, it does not seem to have occurred to tlio otticorn of the Coast Survey to make an exploration of the archipelago along tho coast of Von- couver's Island, immediately south of the 49th parallel. Its oxistonco was, however, then becoming known, and since the discovery of coal at NanaUno, on Vancouver's Island, a short distance north of the 49th pumllol, tlio Hudson's Bay Company's vessels generally take one of the inner chauntJs in going from and returning to Victoria, thereby saving a great distance, and avoiding rough seas. Captain Alden, in the Active, on one occasion passed through one of the inner channels from Nanaimo, connecting with tho Canal do Haro, as they — — — ____. . ISLAND OF SAN JUAN. 79 all do, at about latitude 48'' 40'. The sketch of the archipelago he obtained from the Hudson's Bay Company (to which I have already referred) was probably made by the captains of the two small steamers, and other small ves- sels belonging to the companv, which for many years have navigated these waters. You will observe on the Coast Survey chart that the inner channel is designated a " channel for small steamers," probably from the fact that none but small steamers had then sailed through it, or from tne indisposition of the Hud- son's Bay Company to encourage the exploration of the archipelago. It has been the general impression hitherto that the interior navigation was not well adapted to vessels of a large size, and such was the impression when I first arrived here. Indeed, little or nothing appeared to be known about the islands, or channels between them. There are prooably difficulties in the way of large vessels getting out of the inner channel into the open gulf at the northern ex- tremity, or at points between it and the Canal de Haro ; the openings between the islands nearest the Gulf of Georgia being narrow and the currents very rapid. Nevertheless, upon the discovery of gold on Fraser River, steamers of good size found passages through those islands, in going from Victoria to the mouth of the river by the Canal de Haro, that saved considerable distance, and were con- venient in avoiding rough weather in the. open gulf. There is a passage, (about two or three miles in length,) almost due south from the " middle of the chan- nel " at the 49th parallel, which would carry a line into the Canal de Haro, so as to obviate Captain Provost's objection to the westerly bend in the course of the Canal de Haro at its northern extremity. But as the passage is narrow, less than half a mile wide, though perfectly safe and convenient, I did not think it a proper channel to propose for a boundary between the United States and Great Britain, although its average width is very little less than the San Juan Channel at its entrance into the Straits of Fuca. With the exception of this passage, I had not, at that time, been within the ai'chipelago, and had no further idea of the true character of its channels. The passage alluded to runs through what appears on the map as Saturna Island. I made a hurried exploration of the archipelago in the steamer Active in September last, and was surprised to fiud such wide and deep channels. The opening through which we emerged from the inner channel into the Gulf of Georgia, in the vicinity of the 49th parallel, is not wide, (about half a mile,) and some years since, in passing through it. Her Majesty's steamer Virago, commanded by Captain Prevost, struck a rock, I saw enough, however, to satisfy me that the inner channels are sufficiently capacious for vessels of the largest size. I do not think there are any islands as large as some of those in the Haro Archipelago, but I may be mistaken. They are generally small, rocky and barren, though highly picturesque in ap- pearance. In the division of labor between the United States and British commissions, the survey of this archipelago devolved on the latter, and we found Captain Richards, with Her Majesty's surveying steamer Plumper, actively en- gaged upon it. He continued the work until the rainy season set in and closed his operations for the year. This survey will give a new aspect to the map of this part of the space between the continent and Vancouver's Island, though probably it will not cover a greater number of square miles than the Archipelago as laid down on the Coast Survey chart. The large islands as there represented will be broken up into smaller ones, and greatly increased in number. The island of Saturna will be divided into three or more islands, embracing a splendid harbor large enough to accommodate the navy of Great Britain. The passage connecting the Gulf of Georgia and the inner channel, through which we passed in the Active, (which we named the "Active Passage,") is between the small islands into which Saturna Island is disintegrated. Although a channel navigable for the largest vessels will undoubtedly be developed by the survey, it is not likely that it will, in all resptcts, be so situ- ated as to answer the purposes of a boundary channel, as well as the broad m im /! .*1j A \k 1 80 ISLAND OF S.4N JUAN. channel of the Gulf of Georgia, which averagea twelve miles in width, at and south of the 49th parallel. And yet if the letter of the treaty, and the motive which induced ^he departure of the boundary line from the 49th parallel, be alone looked at, there can be no doubt that the inner channel may be claimed as the channel which separates the continent from Vancouver's Island, on the same ground with the Canal de Haro, viz : that it is the nearest channel to Vancouver's Island, and that the object of the line in the treaty was simply to avoid cutting off the southern end of Vancouver's Island, and to give the whole of it and its harbors, and nothing more, to Great Britain. But the Canal de Haro is not claimed alone on the ground of its being the nearest channel to the island ; although a legitimate construction of the treaty, the evidence of Mr. McLane is added to support it. It is also the main chan- nel, and, in connection with the Gulf of Georgia, constitutes the main channel from the 49th parallel to the Straits of Fuca. This channel is the true and natural boundary between the continent and Vancouver's Island, and undoubt* edly is the channel understood between Mr. McLane and Lord Aberdeen, and intended in their general description of the line. Had the maps of that day represented the space between the continent and Vancouver's Island as it is now known, the Gulf of Georgia and Canal de Haro would have been designated by name in the treaty as the boundary channel, on the " generally admitted principle" that they constitute the "main channel," although it would be con- ceding to Great Britain, in addition to "Vancouver's Island and its harbors," an extensive group of islands south of the 49 th parallel. At the time they agreed upon the line they were ignorant of, or at least our government was ignorant of the existence of the archipelago in the vicinity of the 49 th parallel and immediately south of it. It, therefore, would be ques- tionable policy to claim the channel west of the Gulf of Georgia. It would weaken the position already taken in regard to the main channel, though it may be brought with much force as an argument against the British government, who, without the ;jlightest show of right, have claimed the channel nearest the continent, and all the islands west of it, in the very face of the letter and spirit of the treaty; while the United Sv.ites, in their attempts to carry the treaty into effect, have waived the rigid construction of the letter of the treaty, and even its plain and obvious meaning by a liberal interpretation of it, as well as the intentions of the negotiators, so as to make the main channel the boundary be- tween the territories of the United States and Great Britain. In this respect the contrast between the course of the two governments is most striking. I have the honor to be, very respectfully, your obedient servant, ARCHIBALD CAMPBELL, Commiisioner N. W. Boundary jSurvey. Hon, Lewis Cass, Secretary of State. [EncloBures.] Copy of Proposition for Partition of the Oregon Territory, Sfc. The following is a copy of the proposition for a partition of the Oregon terri- tory, in HO far as regards the boundary line, which Lord Aberdeen authorized Mr. Pakcnham to submit to the United States in his instructions of May 18, 1846, as written down from memory shortly after a careful perusal of the original in the archives of the British legation : The 49th parHllel to the 8wv coast, theaco in a southerly directiou through the centre of Kiiiff George's Sound aud the Straits of Fucr to the ocean— !... " * ■ proceedings of meeting of joint commission, august 16, 1S58. Camp Simiahmoo, Simiahmoo Bay. Meeting of the Joint Commission for determining the Boundary Line between the United States and British Possessions from the point where the 49th parallel strikes the channel which separates the continent from Vancouver's Island to the Pacific Ocean, at the office of the United States Boundary Commission, August 16, 1858, Present, Archibald Campbell, esq.. Commissioner on the part of the United States, &C.J Lieutenant John G. Parke, Topographical Engineers, Chief Astron- omer and Surveyor on tlic part of the United States ; William J. Warren, Sec- 86 ISLAND OF SAN JUAN. retary United States Commission ; Captain James C. Prevost, Royal Navy, Her Majesty's first Commissioner, &c.; Captain George Henry Richards, Royal Navy, Her Majesty's second Commissioner, &c.; William A. G. Young, Secretary Brit ish Commission. Mr. Campbell stated to Captain Prevost that his object in calling the present meeting was conveyed in his letter of the 14th instant, and the enclosed report of Mr. Parke, as follows : United States Boundary Commission, Camp Simiahmoo, August 14, 1858. Sir : I have the honor to enclose herewith the copy of a communication from Lieutenant Parke, the Chief Astronomer and Surveyor of the United States Boundary Commission, and for the purpose of carrying out the objects therein specified by him, I propose that a full meeting of the Joint Commission be held at this place to fix definitely the points of thebound- ary line therein referred to, and to make the necessary arrangements for erecting suitable monuments to mark their position. With high esteem, I have the honor to be, very respectfully, your obedient servant, ARCHIBALD CAMPBELL, United States Commissioner. Captain James C. Prevost, British Commissioner H. M. S, Satellite, Simiahmoo Bay. United States Boundary Commission, Camp Simiahmoo, August 14, 1858. Sir : I have the honor respectfully to report that I have determined, by astronomical obser- vations and survey, so much of the 49th parallel oi north latitude as is embraced between the eastern shore of the Gulf of Georgia, on Point Boberts, and the eastern shore line of Simiahmoo Bay. These points of the parallel hav e been marked by stakes or posts, and I would respectfully recommend that a meeting of the Joint Commission be had for the purpose of ratifying and confirming their determination, and taking the necessary steps towards the erection ot proper monuments for permanently marking and defining the line. The points marked are as foUoivs : 1. Where the parallel crosses the western face of Point Roberts. 2. Where it crosses the eastern face of Point Roberts ; and, 3d. V/here it enters the timber on the eastern shore of Simiahmoo Bay. It may be well to add that these marks are all temporary in their character, and should therefore be speedily replaced by permanent solid structures. I have the honor to be, very respectfully, your obedient sen'ant, JNO. G. PARKE, Lieut. Corps Topographical Engineers, Chief Astronomer and Surveyor. Archibald Campbell, Esq., United States Commissioner, Sfc, Sfc. Captain Richards having signified his acceptance of the points as determined by Mr. Parke, Captain Prevost expressed his readiness to adopt them, and erect monuments thereat. Mr. Campbell thereupon proposed that the first of these points referred to by Mr. Parke be suitably marked by the most conspicuous monument, it being the initial point of the 49th parallel on the continent, and being the point where the 49th parallel strikes the eastern shore of "the channel which separates the con- tinent from Vancouver's Island." Captain Prevost stated in reply, that he declined entering into any discussion as to which was or was not the initial point, but ho was prepared simply to agree to tlio points already determined by the astronomers, as points on the line of boundary. Mr. Campbell objected to any determination of the points in qncstion, without the one on the western face of Point Roberts being established as the initial point of the 49th parallel on the continent. Commissioners then agreed to adjourn. ARCHIBALD CAMPBELL. JAMES C. PREVOST. ISLAND OP SAN JUAN. 87 extract from jibport of captain alden, united states navy. — com- plaint of an american citizen, United States Surveying Steamer Active, San Francisco, October 31, 1853. ****** Sib : It dficmK, from all I could learn, that the English government has de- cided that the hmnAftry between us and them should pass down Rosario Strait, and claim, thcfcUmu rtfl the islands west of that line, overlooking the fact that there is a cbttniid much nearer home, better in almost every irespect, and, to them, far more coovotilent. I mean the Canal de Haro. Their action miimn nlrcady to have interfered with tho peace and comfort of one individual who ddifns to be an American citizen. He came to me with a long coroplAfnt, and the facts, as near as I could get at them, are as follows: His name h R, W. Oti«xan«. He located a tract of land on Lopez Island, and made improvfiment* to the coet of about $1,500, but owing to the action of the governor of VaneottVCir's Island, was obliged to abandon everything. He was compelled \o take ft license to cut timber, (a copy of which I herewith enclise,) and affer he ha4 mt and ««quared some 30,000 feet, was informed that it would be necesuaiy for the vessel, when she took it away, to go to Victoria and clear at the emtom'hm«e. He asked me what he should do under the circumstances — go to Victoria or not. I told him if the governor brought force enough to di- vert his vecmel from the course he thought proper to steer, he must submit. I was exceedingly anxious at a subsequent interview with Governor Douglas, to lay this matter before him and obtain his views on the subject, but I was de- terred from doing so by the nature of my instructions, and from the fact that I considered the license granted to Oussans as showing conclusively the position assumed by the Knglish government in regard to those islands. • # * « * * With great respect, I am, your obedient servant, JAMES ALDEN, hicufenant Commanding, United States Navy, Assistant United States Coast Survey, Prof. A, D, lUfJHM, Suj/erinttjndent United States Coast Survey, Washington, D. C. •A^"i i ■ « Copy of License, The bearer, Biplittnl W, Ciissans, having given security for the payment of the duty ot ten pence htcrlUtfl i'nr ♦im'li load of fifty cubic feet of timber, I hereby license you to cut aud remove Uinbi^r on and from any piiblic lands within the district of Lopez Island for six months from tliiw d»t^. JAMES DOUGLAS, Governor. Government House, Victoria, July 25, 1853. This license mmt \m prodnccd whenever demanded by me or any other person acting under the autliority ot tUn govor umout. United States Surveying Steamer Active, liosario Straits, September 11, 1853. I hcrt'by I'orlfy that t1i« abovfi is a true copy of the original now in my possession, and also tliat I at)i nu Aufffknti citizen ; have located a tract of land on tho island above referred to, belii'ving it to \m llw j»rojmfty of the United States ; and tliat 1 have never given any security for the payment u( ntty iiucft whatever to the British government. ' R. W. CUSSANS. Witnesu i Uup.M, 0, Wait, Lieutmunt United Stales Navy. ,,» l-^-J- -V I 88 ISLAND OF SAN JUAN. Mr. Campbell to Mr, Cass. United States Northwest Boundary Commissiox, Camp Simiahmoo, June 14, 1859. Sir : I regret to be obliged to inform the department that no further progress in the determination of the water boundary has been made since tlie proceedings of the 3d of December, 1857, when, after a full discussion of the question, Captain Prevost, upon a fictitious issue of disagreement between us as to the meaning of the words of the treaty defining the boundary between the conti- nent and Vancouver's Island, proposed a reference of the whole matter to our respective governments. As I did not concur in this proposal, for reasons which are obvious, whatever reference Captain Prevost may have made to his govern- ment was made upon his own responsibility. And it seems to me that, after the lapjfe of eighteen months, he should be instructed by his government either to adopt the boundary channel according to my interpretation of the treaty, sus- tained by cotemporaneous evidence showing it to be in accordance with the intention of the negotiators, or be provided with counter evidence of equal weight to sustain the correctness of his remarkable construction of the language of the treaty. Captain Prevost's studious avoidance of the production of a»_y evidence show- ing the understanding of iiis government as to the boundary channel intended by the treaty, his repudiation of that which I laid before him, proving the absurdity of his interpretation, and his blind adherence to the mere letter of the treaty, as he chooses to construe it, taken in connection with his proposal to split the difference between us by a division of the group of islands, (artfully involved in dispute,) is the very best evidence that his government have not the shadow of foundation for claiming the boundary channel he professes to derive from the " very peculiar wording " of the treaty. 1 have recently learned from Captain Prevost that he has not received any ingtructious from his government upon the subject of the reference made by hiui "on account of the contrary views entertained by us," nor is he aware when it is probable that he may receive instructions. Several citizens of the United States have recently settled on San Juan Ifland. line of the disputed islands, and the nearest to Vancouver's Island. As the Hudf^on's Bay Company also occupy it, difficulties may be anticipated if the question of the boundary channel be not speedily settled. I would therefore re.«pt^ctf'ul]y urge upon the department the importance of calling the attention of tl.'' Britit»h government to the subject. 1 have the honor to be, very respectfully, your obedient servant, ARCHIBALD CAMPBELL, Commissioner Northwest Boundary Survey. Hon. Lewis Cass, Secretary of State. Mr. Campihell to Mr. Cass. United States Northwest Boundary Commission, Cam]) Simiahmoo, June 21, 1859. Sir: "'n my letter to the department of the 20th of January I referred to the laict rhat the channels and inlands composing the archipelago skirting Van- couver'ti Island at and immediately south of the 49th parallel had never been accurately laid down on the maps representing the space betwec n the continent and Vancouver's Island, and stated that Captain Richards, Royal Navy, siu'veyor of the British water boundary commi.ssiou, had recently been engaged in making a survey of this archipelago, and that as soon as I was furnished by him with a copy of his map 1 would forward to the department a tracing of the Coast ISLAND OF SAN JUAN. 89 Survey chart corrected in that particular, and I now have the honor herewith to transmit it accordingly. I also stated tliat a general impression had been created that the channels of the archipelago were only navigable for small steamers. It will be seen by the soundings laid down in the accompanying chart that this is an erroneous idea, and tliat they are navigable for vessels of the largest class. In respect to navi- gability merely, they are therefore on an equality with the channels claimed or proposed as '• the channel" through which the boundary line should be run; while in other respects, with the exception of the main channel, the channel of the archipelago nearest to Vancouver's lalandh&'i the first claim to be considered » the channel which separates the continent from Vancouver's Island." At the time the treaty was concluded the archipelago at the 49th parallel was represented on the maps of that day as a part of Vancouver s Island, and consequently, at and' immediately south of the 49th parallel to about latitude 48° 47' there appeared to be but a single channel between the continent and Vancouver's Island. The line contemplated by the negotiators of the treaty must therefore necessarily have been through the midale of that channel (the Gulf of Georgia) until it reached the Archipelago de Haro, not, as asserted by Captain Prevost in his letter of October 28, 1857, to be " the fact that at the 49th parallel there is only one navigable channel lying between the channel and Vancouver's Island," but because only one was known to exist at and prior to the date of the treaty. This assertion of Captain Prevost is the more remark- able, considering that in 1853 he, to some extent, explored ihe channels of th§ archipelago west of the Gulf of Georgia ; and the name of the steamer Virago, which he commanded at the time, is indelibly connected with a passage from the Gulf of Georgia to the inner channels near Vancouver's Island. In passing through what the early Spanish navigators named "Portier's Inlet," a little north of the 49th parallel, the steamer encountered a rock, which created some appre- hensions for her safety. On the Coast Surv^jy chart the inlet is designated by " Virago Rock," and is generally spoken of as Virago Passage. The maps in use by the negotiators of the treaty represented the Archipelago de Haro with suflicient accuracy to show that there were several channels con- necting the Gulf of Georgia and Straits of Fuca. The literal meaning of the treaty would indicate the boundary channel to be the nearest channel to Van- couver'-: island, and it has been satisfactorily proven that such was the intention of the negotiators by the pi'oduction of cotemporaneous evidence, showing the object of the deflection of the boundary line from the 49th parallel to be merely to give the whole of Vancouver's Island to Great Britain, with the undeniable understanding of both governments that, to accomplish this object, the boundary line was to reach the Straits of Fuca through the Canal de Haro. The des- patches of Mr. McLane and Lord Aberdeen of May 18, 1846, alone, are .sufficient confirmation of this fact ; but they are amply sustained by other cotemporaneous evidence. Mr. McLane mentions the name of the channel nearest Vancouver's Island, (the Canal de Haro,) where more than one was known to exist, without specially stating the object of its selection. Lord Aber- deen specifies distinctly the object, viz., "to give to Great Britain the whole of Vancouver's Island and its harbors,", without naming the channel which would accomplish it. Before I entered into the discussion of the boundary question with the British commissioner, the language of the treaty seemed to me susceptible of two dis- tinct intep.-etations, either that " the channel which separates the continent from Vancouvrv'tj Island" meant the the nearest navigable channel to Vancouver's Island, V ithout regard to its relative size, or that it might mean the mam chan- nel between the continent and Vancouver's Island. A cari'ful investigation of the subject, with all the light thrown upon it by the cotemporaneous evidence I then possessed, led me to the conclusion that a ; I ( 90 ISLAND OF SAN JUAN. combination of theeo two Intr^i-prcfntlonH would best enable me to carry the treaty into effect, in accordantuf both with ItH letter and spirit. My conclusion was that tim (Jiilf of Georgia and the Canal de Haro consti- tuted the boundary channfil muhrnind the Secretary of the Treasury to give such instructions to the Superin- tendent of the CoaMt Survey as will secure his co-operation in the arrangement Dccesi scripts of the whole. In my No. 36, of the first of January, 1857, communicating the names of the gentlemen appointed on this service, I took the liberty to suggest to Mr. Harcy the probability that some difficulty might arise in determining the channel, down the centre of which, from latitude 49<^ and the Gulf of Georgia, the boundary should run according to the treaty. This apprehension arose mainly from con* eidering a map or sketch issued from our Coast Survey office in 1855, showing the progress of the survey of Washington sound and vicinity. Smce the receipt of your No. 146 I have searched the archives of the legation, thinking it possible that something might b(> found to throw light upon the question. There are two notes addressed by Mr. Bancroft to Lord Palmerston, her Majesty's principal secretary of state for foreign affairs, dated respectively the thirty-first of July, 1848, and third November, 1848, both of which show the decided and declared opinion at that time entertained by our minister. '*' * • • * * Ailc • I have the honor to be, sir, your most ohe«1ient servant, G. M. DALLAS. Hon. Lewis Cass, Seeretary of State. Mr. Dalla* to Lord Malmeabury. Legation op the United States, London, February 5, 1859. Mv Lord : In the apprehension that some difference of opinion has arisen among the commissioners appointed respectively by Her Majesty's government and the government of the United States, for carrying into effect the provisions of the first article of the treaty of the fifteenth of June, 1846, in regard to lim- its westward of the Rocky Mountains, I am specially charged to request that your lordship will be good enough to cause me to be furnished, for the informa- tion of my government, with a copy of the instructions given by Her Majesty's government to the British commissioners. It may be proper for me to apprise your lordship that a copy of the instructions addressed by the government of the United States to the commissioners appointed by them was promptly, some time ago, delivered to Lord Napier. I beg your lordship to accept the renewed assurance of my highest considera- tion. I have the honor to be your lordship's most obedient servant, G. M. DALLAS. The Bight Honorable The Earl of MALMBSBUttY. Lord Malmeshury to Mr. Dallas. Foreign Office, February 22, 1859. Sir : I have the honor to acknowledge the receipt of your letter of the fifth instant, requesting to be furnished with a copy of the instructions given to the commissioners appointed by Her Majesty's government to carry into effect the provisions rf the first article of the treaty of June 15, 1846, in regard to * See discussion of the Water Boundary question, page 84-5. ti U I v^S 104 ISLAND OF SAN JUAN. limits westward of the Rocky Mountains. I have the honor, in reply, to trans- mit to you a copy of the commission, under Her Majesty's sign manual, appoint- ing Captains Prevost and Richards to be respectively first and second commis- sioners for this purpose, and a copy of the instruction (December 20, 1856) to Captain Prevost, which accompanied it. Copies of these documents have, I have reason to believe, been already furnished by Captain Prevost to the United States comLiissioner, Mr. Campbell, and they accord generally with the nature of the commission and instructions communicated by Mr. Campbell to Captain Prevost, as those under which he was acting. I also enclose an extract of so much of a further instruction (December 20, 1856 ) to Captain Prevost as relates to the character of his duties and to the extent of his powers, and I should feel obliged by your communicating to me a copy or extract of any further instructions of a similar character which may have been given to the United States commissioner * I have the honor to be, with the highest consideration, sir, your most obedi- ent, humble servant, MALMESBURY. Georgb M. Dallas, Esq., Sfc., Sfc. Extract from Additional Instructions to Captain Prevost. Foreign Office, December 20, 1856. " The Queen having been pleased to appoint you to be Her Majesty's first commissioner for marking out so much of the boundary between Her Majesty's possessions in North America and the territories of the United States as is comprised between the continent of America and Vancouver's Island, I have to furnish you with the following instructions for your guidance in the execution of the duties intrusted to you by Her Majesty. The boundary, which, in con- junction with one or more commissioners appointed by the government of the United States, it will be your duty accurately to define, is described in the treaty between Great Britain and the United States, of June 15, 1846, in the follow- ing general terms : From the point on tbe forty-ninth parallel of north latitude, where the boundary laid down in existing treaties and conventions between Great Britain and the United States ter- minates, the line of boundary between the territories of Her Britannic Majesty and those of the United States shall be continued westward along the said forty.niuth parallel of north latitude to the middle of tiie channel which separates the continent from Vancouver's Island, and thence southerly through the middle of the said channel and of Fuca's Strait to the Pa- cific Ocean ; provided, however, that the navigation of the whole of the said channel and straits south of the forty-ninth parallel of north latitude remain free and open to both parties. It is to be regretted that no map or plan was annexed to the treaty on which the line of boundary thus indicated was laid down, as in the intermediate space between the continent and Vancouver's Island there are several smaller islands, thiough and among which different channels run in various directions, along one or more of which a passage to the southward from the Gulf of Georgia to the iftrait of Juan de Fuca may be found. At the time, however, when the treaty was concluded, in 1846, only one navi- gable channel was known to exist, viz : that known by the name of Rosario Strait, (sometimes called Vancouver's Channel,) which runs due south from the lower extremity of the Gulf of Georgia to the eastern extremity of the Straits of Fuca. A line drawn through the centre of the Gulf of Georgia and along the centre of the channel would, therefore, exactly answer the description of the channel contained in the treaty. On this ground Her Majesty's government, shortly after the conclusion of the treaty of 1846, proposed to the government of the United States tliat the channel known as Rosario Strait should be adopted, * No additional instructions were given to the United States commissioner. — A. C. ISLAND OF SAN JUAN. 105 obedi- by mutual agreement, as tbe channel of the treaty. But the government of the United States showed no disposition to accede to this proposition ; and on the contrary, in the year 1848, through their minister at this court, Mr. Bancroft, they spoke of another channel more immediately adjacent to Vancouver's Island, namely, the channel of Arro, as that through which the boundarv line passed. Since that time the question of defining the boundary has remained in abeyance, because the legislature of the United States has refrained from appropriating the sums necessary to meet the expenses incidental to the operation. This obstacle has now been removed, but Her Majesty's govemmeni have not thought it advisable, after what has passed on the subject, to renew the proposal, that, as a preliminary to tbe meeting of their respective commissioners, the two gov- ernments should come to an understanding between themselves as to what was the channel of the treaty. That channel is, therefore, now to be ascertained. It is to be sought for between Vancouver's Island and the mainland, in an archi- pelago of islands hitherto unsurveyed by any British authority ; though it would ssem from a chart published in the United States, in the year 1854, called, " a reconnoissance of Canal de Arro and Strait of Rosario," that a survey has been made of it on the part of the United States government. It will be the duty of Her Majesty's commissioner to ascertain, with the assist- ance of the officers placed under his orders, and in communication and conjunc- tion with the commissioners of the United States, what is the channel through the middle of which and of Fuca's Straits, according to the terms of the treaty, the line is to be run from the forty-ninth degree of north latitude to the Pacific Ocean. The first operation will, of course, be to determine with accuracy the point at which the forty-ninth parallel of north latitude strikes the eastern shore of the Gulf of Georgia, and to mark that point by a substantial monument. That point ascertained, the commissioners will carry on the line of boundary, as pre- scribed in the treaty, along the forty-ninth parallel north latitude to the middle of the channel which separates the continent from Vancouver's Island. The point next to be ascertained is the miildle of the channel which separates the continent from Vancouver's Island, from which point the boundary line is to be drawn in a southerly direction through the middle of the said channel. That point will probably be found somewhere about 123° 15' west longitude. At whatever place this point may be fixed, the line is to be drawn from thence through the middle of the channel separating the continent from Vancouver's Island in a southerly direction. In this part of the space between them there is only one channel, namely, the Gulf of Georgia, and it would seem, therefore, to be clear that the line must be drawn along the centre of that gulf to its southern extremity, where it ceases to be the only channel between the continent and Vancouver's Island. At the other extreme point of the boundary between the territories of Great Britain and of the United States, namely, the Straits of Juan de Fuca, there is only one channel, and along the centre of that channel the boundary line is to be drawn. A'lty question, indeed, as to which channel is to be adopted as the true line of - boundary indicated by the treaty can only arise when there is more than one channel which might be supposed to answer the description of the treaty. So long as there is only one channel separating the continent and Vancouver's Islanil, no doubt can be entertained, and, therefore, the centre of the Gulf of Georgia, so far as the latitude where it ceases to be the only channel and the centre of the Strait of Fuca, till it ceases, also, to be the only channel between the continent and Vancouver's Island, appear to Her Majesty's government to be fixed points in the lino of boundary, and it is only aa regards the space between these two points that any differences of opinion as to the proper channel can exist. A line drawn down the middle of the Gulf of Georgia would pass jubt to art" < % 106 ISLAND OF SAN JUAN. the eastward of the Matia group, at the head of Roaario Strait, and being pro- longed from thence nearly due south, would pass through Rosario Strait into the Strait of Juan de Fuca. It appears to Her Majesty's government that the line which I have described is so clearly and exactly in accordance with the terms of the treaty that it may be hoped you will have no difficulty in inducing the American commissioner to acquiesce in it. If, however, the commissioner of the United States mil not adopt the line along Rosario Strait, and if, on a detailed and accurate survey, and on weighing the evidence on both sides of the question, you should be of opinion that the claims of Her Majesty's government to consider Rosario Strait as the channel indicated by the words of the treaty cannot be substantiated, you would be at liberty to adopt any other intermediate channel which you may discover on which the United States commissioner and yourself may agree as substantially in accordance with the description of the treaty. But if you are satisfied that the British claim is unquestionably sound, and you are unable to come to an understanding on the subject of an intermediate channel with your American colleague, you will -hen propose that you should lay before your respective governments, either jointly or severally, a statement of the points on which you disagree, and the reasons by which each of you supports his opinion. Having disposed of the difficulties in regard to the bound- ary line from the Gulf of Georgia to the Straits of Juan de Fuca, it is not supposed likely that you will have any further difficulty in carrying on the line through those straits to the Pacific Ocean. From the character of the whole line being that of a water boundary, it will be more difficult than in the case of a land boundary to mark exactly the terri- torial limits of the respective governments. You will do so, as far as circum- stances admit; by the intersection of the cross-bearings of natural or artificial landmarks, endeavoring, as far as possible, to make the line so clear and easy to be understood as to obviate any future difference on the subject between the two governments. Captain Pebvost. Mr. Campbell to Mr. Cats. United States Northwest Boundary Commissfon, Camp Simiahmoo, August 4, 1859. Sir : I have the honor to acknowledge the receipt (on the 25th ultimo) of your letter of the 8th of June. All of the accompanying documents were in- teresting to mc, but the extract from Captain Prevost's secret instructions for his guidance was essential to a proper knowledge of the relations which now subsist between us as inint commissioners. I find from these instructions that I was fully justified in the apprehensions I communicated to him, (subsequent to our discussion on the boundary question in November, 1 857,) that he was virtually, if not positively, prohibited from adopting the Canal de Haro as the boundary channel intended by the treaty. A perusal of these instructions throws a flood of light upon the tortuous and one-sided course which guided his action, with a view to bring about a disagreement and reference of the matter back to our respective governments, unless he could accomplish the object his government had in view. Having been fu.*nished at an early day, through his government, with a copy of my instructions, he had the advantage of knowing that I was in no way hampered in regard to the channel through which the boundary line was to be run, while he knew that he dare not go further than the channel east of the island of San Juan. I cannot well conceive of a more dis- honest mode of attempting to evade the obligations of a treaty, or a greater out- s>5 ISLAND OF SAN JUAN. 107 rage upon the confiding disposition of the government of the United States, than is exhibited in these instructions for the guidance of the British commis- sioner. Nor can I understand how an officer of the British navy could con- scientiously undertake to carry a treaty into effect under such instructions. I have never regarded the duty of commissioner to carry the treaty into effect as of a diplomatic character. I have, therefore, from the outstart, been open and unreserved in my communication with my colleagues both of the land and water boundary. But I have learned by experience that their views of duty are widely different from mine. I came out here to do a fair and honest busi- ness — ^to carry out faithfully, on the part of my government, a contract entered into with Great Britain. Although the language of the treaty is as clear as day, and scarcely admits of more than one meaning, I did not plant myself upon its mere letter, but, finding that the lapse of time, the changes of administra- tion in our government, and selfish interests on the part of the British govern- ment, instigated by the Hudson's Bay Company, had enveloped its meaning in an air of obscurity, I made diligent search for evidence which would throw light upon the intention of the negotiators, framers, and ratifiers of the treaty, fully determined, whatever m!,;ht be the result of my investigations, to give due weight to it, without partiality, fear, or favor. The various documents I have laid before the department will attest the sincerity with which I have labored to bring forward the truth. The British commissioner. Captain Frevost, on the contrary, has taken the very opposite course. The pursuit or fair consideration of evidence to elucidate any obscurity in which the language of the treaty might be involved from any cause whatever has been most studiously avoided. A blind adherence to a tortured interpretation of the meaning of the words of the treaty has been with him apparently a sacred act of duty. This perverted reading of the treaty has been his infallible guide throughout my connection with him. And he has so resolutely shut his eyes to the light of the most authentic cotemporaneous evidence I have laid before him, not only of the views of my government, but also of his own, that I sincerely believe, though one should rise from the dead to confirm it, he would not give it credence. That so amiable and estimable a gentleman as Captain Frevost should pursue a course so inconsistent with the ordinary dictates of common sense and good judgment, to say nothing of the demands of high honor, has been to me a source of the most unfeigned regret and mystification. If the British govern- ment, however, has the right to exact of its agents an implicit obedience to its mandates, regardless of all considerations but its interests, I must do Captain Frevost the justice of bearing witness to his devoted loyalty, I would respectfully call the attention of the department to the fact that there are still some points which must be embraced in the instructions for Captain Frevost 's guidance which are not to be found in the extract forwarded to me. It is evident from the correspondence of Captain Frevost that his claim to Rosario Straits on the ground of the very peculiar wording of the treaty, and his main objection to the Canal de Haro by his interpretation of the word south- erly in the treaty, are vZerived from instructions ; for he says in his letter of No- vember 24, 1857, " the high and official authority to whom I alluded in my letter of the 9th instant as the source of my information that the Vancouver or Rosario Strait was the channel contemplated by the British government, is Her Majesty's present Secretary of State for foreign affairs, the Earl of Clarendon, and I cannot presume that he would intimate to me in writing, as he has done, that such was the case, unless he had substantial grounds for doing so." Lord Napier, while repudiating " the very peculiar wording " of the treaty, and Captain Frevost's interpretation of the word " southerly," informed me that the Earl of Clarendon seemed to attach some importance to them. I cannot but think, therefore, that these instructions or suggestions have been purposely omitted from the extract, and, as they really formed the great obstacles to an agreement If t . ^\ m m U m 108 ISLAND OF SAX JUAN. between Captain Prevost and myself, I think it important they should be obtained. A difficulty has also occurred in regard to an agreement upon the common initial point of the water and land boundary on the west side of Point Roberta, which probably is also the result of instructions. And I have also good reason to believe that Captain Prevost was authorized in some shape or form to nego- tiate with me for the disposal of the southern end of Point Roberts by exchange, make-weight or otherwise. The manner in which the demarcation of the line across Point Roberts is held in abeyance by the refusal of the British commis- sioner to mark it as the initial point, satisllv^s me that considerable importance is attached by the British government to the possession of it, and that they hope by some fortuitous circumstance to secure it. As the department has furnished the British government with a full copy of my instructions, there is no reason why they should not in return furnish full copies of their commissioner's instructions. I would therefore respectfully re- commend that Skfull copy of the instructions of Captain Prevost be requested for the information or the government, and that when received a copy of so much of them as I have not already received in the extract be transmitted to me. I transmit herewith for the information of the department a recent coiTe- spondence with Captain Prevost, from which it will be seen that there is little prospect of any progress in the determination of the line until the British gov- ernment are called upon to give their commissioner peremptory instructions to adopt the Canal de Haro. At present he seems to be divested of all power to act by his reference of the question to his government, a condition of affairs anything but satisfactory. Circumstances to which I will allude in a subsequent communication* show the necessity of a speedy settlement of the boundary question. And I would strongly urge upon the department decisive measures to bring it about. As far as I am concerned, I am, as I have ever been, ready to settle it upon principles of common sense and international law. It is for the department to take such steps as will provide me with a colleague whose powers shall be equal to my own, and whose sense of right and duty will not be so crippled by special instructions for his guidance as to render the honest and faithful execution of the treaty an impossibility. I have the honor to be, very respectfully, your obedient servant, ARCHIBALD CAMPBELL, Commissioner Northwest Boundary Survey. Hon. Lewis Cass, Secretary of State. Mr. Campbell to Captain Prevost, V. S. Northwest Boundary Commission, Camp Simiahmoo, May 18, 1859. Sir : On the third day of December, 1857, at your request, a meeting of the joint commission for determining the water boundary was convened &!; this place, on which occasion you proposed that the whole matter connected with t\ie water boundary should be referred by eacli commissioner to his governmer t. In this proposal I did not concur. As the reference of the matter was not agreed upon, and nearly eighteen months have elapsed without any further proceedings on the subject by the * See Military Occupation of San Juan, p. ] Vi. ISLAND OF SAN JUAN. 109 Joint eemm\§ii\on, 1 have the honor, very respectfully, to request you to inform tm whe(b( with the utmost respect, wish to remind you that on the 16th AuffUftt \tini a joint commission meeting was held, at which I expressed my reMlui^iiM to concert certain measures which it was desirable should then be m \m ■ ) 1 I "^ i 110 ISLAND OF SAN JUAM. r' completed ; bnt proceedings therein were again delayed, not from sx^j desire on my part, bnt through your declining to act unless I deferred in toto to the views you entertained in connection therewith. 6. In conclusion, I beg to acquaint yon that I have not received any instruc- tions from my government upon the subject of the reference made by me on account of the contrary views entertained by us, nor am I aware when it is probable that I may receive instructions. Permit me to assure you of my consideration and esteem, and believe me to remain your most obedient and humble servant, JAMES 0. PREVOST, Her Majesty's Commissioner, 8fc., i^c » 8fc. Archibald Campbell, Esq., Commissioner on the part of the United Slates, 8fc., 8fc., Sfc. Mr. Campbell to Captain Prevost. United States Northwest Boundary Commission, Camp Simiahmoo, June 7, 1859. Sib : I have the honor to acknowledge the receipt of your letter of the 27th ultimo in reply to mine of the 18th. The object of my letter, as stated therein, was " to request yon to inform me whether I am to expect any further com- munication from yon in regard to the determination of the water boundary ; and if so, at what period of time I may probably look for such communication." In reply thereto, you say, " I beg to acquaint you that I have not received any instructions from my government upon the subject of the reference made by me on account of the contrary views entertained by us, nor am I aware when it is probable that I may receive instructions." As your reply does not contain the information I asked for, I have the Lf^nor again to call your attention to my inquiries, and very respectfully to request an explicit answer thereto. I have the honor to be, very respectfully, your obediont servant, ARCHIBALD CAMPBELL, United States Commissioner. Captain James C. Prevost, R. N., British Commissioner, 8fc., Sfc., SfC. Captain Prevost to Mr. Campbell. Her Britannic Majesty's Ship Satellite, Esquimau, Vancouver's Island, June 23, 1S59. Sir: I have had the honor to receive your letter of the 7th instant, refer- ring to a letter which you addressed to me on the 18th May last, and to my answer thereto, dated on the 27th May, of which you quote one paragraph, and then stati! that, as such reply docs not contain the information you asked for, you again beg to call my attention to your inquiries and request an explicit answer. 2. In return thereto I beg very respectfully to refer you to my aforesaid letter of the 27th May, which, with every deference, I submit, when taken as a whole, conveys to you a very explicit answer to your communication of the 18th ultimo. With every assurance of consideration, I have the honor to be, sir, your most obedient servant, JAMES 0. PREVOST, Her Majesty's Commissioner, Sfc., Sfc.t tfc, ARCiiniALD Campbell, Esq., Commissioner on the part of the United States, t^c, ^v., Sfc. ISLAND OF SAN JUAN. Ill Sfc. Mr. Campbell to Captain Prevoat. United States Northwest Boundary Commission, Camp iHmiakmoo, July 9, 1859. Sir : I have the honor to acknowledge the receipt, on the 6th instant, of your letter of the 23d ultimo. With a sincere desire to extract from your letter of the 27th of May the "very explicit answer" to my communication of the 7th, which you "submit, when taken as a whole," it conveys to me, I have again given it the most care* ful perusal and consideration, and with due deference, candor compels me to say that, whether taken as a whole or in part, it only conveys to me a very circum- locutory and evasive answer. I have the honor to be. very respectfully, your obedient servant, ARCHIBALD CAMPBELL, United States Commissioner Captain Jambs C. Prbvost, R. N., British Commissioner, ^., ^., 4^., Esquimalt, Captain Prevost to Mr. Campbell. Her Britannic Majesty's Ship Satellite, Esquitnalt, Vancouver's Island, July 19, 1859. Sir : I have the honor to acknowledge receipt of your letter of the 9th instant in reply to mine of 23d June, 1859. I have the honor to be, sir, your most obedient servant, JAMES C. PREVOST. Captain of H. M. S. Satellite, and Her Majesty's Commissioner. Archibald Campbell, Esq., United States Commissioner, S(c., !fc., 8fc. Kf ; TIL-MILITARY OCCUPATION OF SAN JUAN ISLAND. Letter of Mr. Campbell to Mr. Cass, August J 8, 1859, reporting military occupation of San Juan Island. Enclosures : Correspondence between United States and British commissioners, viz : Captain Prevost to Mr. Campbell, July 31, 1859. Mr. Campbell to Captain Prevost, August 4, 1859. Captain Prevost to Mr. Campbell, August 4, 1859. Mr. Campbell to Captain Prevost, August 5, 1859. Captain Prevost to Mr. Campbell, August 4, 1859. Mr. Campbell to Captain Prevost, August 8, 1859. Captain Pickett's military order, July 27, 1859. Protest of Governor Douglas, of Vancouver's Island, against the occu- pation of San Juan Island, August 2, 1859. Message of Governor Douglas to the legislature of Vancouver's Island, August 3, 1859. Address of the legislature of Vancouver's Island to Governor Douglas. Letter of Mr. Campbell to Mn Cass, September 3, 1859. Enclosures : Correspondence with General Harney, viz : Mr. Campbell to General Harney, August 14, 1859. If^ 112 ISLAND OF SAN JUAN. General Harney to Mr. Campbell, August 16, 1859. Mr. Campbell to Gene:.'al Harney, August 30, 1859. Letter of Mr. Campbell to General Scott, October 31, 1859. Letter of Mr. Campbell to Mr. Cass, November 1, 1859. Letter of Mr. Campbell to Mr. Cass, November 15, 1859. Letter of Mr. Cass to Mr. Campbell. September 15, 1859. Letter of Mr. Campbell to Mr. Cass, November 23, 1859. Letter of Mr. Campbell to General Scott, November 23, 1859. Letter of Mr. Campbell to Mr. Seward, October 3, 1861. Letter of Mr. Seward to Mr. Campbell, October 4, 1861. K: ■ ll«i! Mr. Campbell to Mr. Cass. UiMTED States Nokth western Boundary Commission, Camp Simiahmoo, August 18, 1859. Sir : In my letter of tbe 4th instant. I had the honor to mention that circum- stances to which I would allude in a subsequent cominunicntion showed the necessity of a speedy settlement of the boundary question. The circumstances therein referred to have resulted from the occupation of the island of San Juan by a company of the United States infantry, under the command of Captain Pickett. This movement was in compliance with a recent order of the Com- manding General of the Department of Oregon, making a number of changes in the disposition of the troops in the Paget Sound district. While engaged in an exploration of the Haro Archipelago, in the Light-house steamer Shubrick, (which Captain De Camp, United States navy, had kindly placed at the disposal of the Boundary Commission,) I happened to be at San Juan Island on the 26th ultimo, when the company arrived. On the following morning the troops were landed, and on the same evening Captain Prevost, Her Majcst} 's commissioner, arrived with his ship, the Sattllite, and brought from Vancouver's Island a magistrate appointed by the British authorities for San Juan Island. The "Satellite" remained in the harbor about twenty -four hours, and then returned to Esquimault. Her Majesty's ship Tribune arrived the next evening, and has since been permanently stationed in the harbor. The " Shubrick" remained there several days, during which time I explored a lar^e portion of the island. I then proceeded with tlie exploration of the remainder of the Haro Archipelago, and returned to this place on the night of the 1st of August, when I learned that Captain Prevost had been here the day previous, and I found his letter of the 31st July awaiting me. A copy of the correspondence, of which this is the opening letter, I have the honor to transmit herewith, for the information of the Department. Whether Captain Prevost was prompted to addres.s me the aforesaid letter by the circumstance of my being present at San Juan island at the time of Captain Pickett's landing, 1 am not able to say. While Captain Prevost and I were in the harbor, the usual friendly visits were interchanged. The landing of United States troops on the island was incidentally alluded to, but did not become the subject of discusson between us. 1 was somewhat surprised, there- fore, after the lapse of several days, to receive such a communication as he ad- dressed to me. As this correspondence speaks for itself, it is unnecessary for me to comment upon it further than to repeat what I said to him in my first letter, that I did not recognize his right to question me in the manner he did. This was sufficient reason, in my mind, for declining to answer his series of questions. But being in reality ignorant whether the order for the occupation of San Juan Island emanated from the War Department or originated with the Commanding General of the Department of Oregon, I refrained from making any reply which might embarrass the military operations. ISLAND OF SAN JUAN. 113 Wishing to intercept the ocean mail steamer at Port Townshend, to get my mail off in time for the steamer from San Francisco, of the 20th August, l left here in the steamer Shubrick on theSih instant, and arrived at Port Townahend that night. To my disappointment the San Francisco steamer had arrived and departed, having reached Port To wnshend two days sooner than she was expected. I mention this to account for the absence of letters from me by that mail which the Department might have looked for. While the "Shubrick" was lying at Port Townshend, the *' Sound " mail steamer Julia arrived from Fort Steilacoom with three companies of infantry on board, under the command of Lieutenant Colonel Casey, on their way to San Juan Island. I called upon Colonel Casey," and he informed me that it had been in- timated to him that a landing of British troops on the island was contemplated, which, under his orders, must bring on a collision ; that it was his intention, as soon as he landed, to seek a conference with the commanding officer of the British forces, and make to him such a proposition as he thought would be honorable to both parties and prevent a rupture. He requested me to accompany him to the island, as my presence might be of service in aiding him to bring about an amicable arrangement, until the home governments could bw heard from. In accordance with his request, I followed after the steamer Julia, and arrived at the island just after ;he troops had disembarked. Although circumstances prp- vented the conference desired by Colonel Casey, at his request I remained several days in San Juan harbor. As no demonstrations, however, were made on the part of the British naval or land forces, and it now appearing improbable that any would be made, I did not deem my presence there longer necessary. On the^morning of the 15th instant I proceeded to make an examination of the channel adjacent to Vancouver's Island and west of the archipelago, at and im- mediately south of the 49th parallel, and arrived at this place the same evening. The •' Sound" mail steamer arrived here this morning, and brought intelligence that four more companies (from Fort Vancouver) had been landed on San Juan Island. From present indications, I think there is not the slightest probability that British troops will be landed on the islam), or that any molestation of the United States troops will be attempted, at least until the British authorities shall have received instructions from the home government. The governor of Vancouver's Island, on the 3d instant, sent a message to the legislature of that colony, in which he informs that body that " troops will be landed at San Juan." At the time this movement was in contemplation Adm ral Baynes arrived at Esquimalt in Her Mnjesty's ship Ganges, and no movement towards landing British troops having been attempted, it is generally believed that the presence of the admiral at Vancouver's Island has for the present caused the suspension of further action on the subject. For the information of the department, I transmit herewith copies of the fol- lowing documents taken from the Victoria newspajfers, viz : Captain Pickett's military order No. 1, dated San Juan Island, Washington Territory, July 27, 1859. Protest of Governor Douglas against the occupation of San Juan Island, dated Victoria, Vancouver's Island, August 2, 1859. Message of Governor Douglas to the Legislature of Vancouver's Island, dated Victoria, Vancouver's Island, August 3, 1859. Address of the Legislature of Vancouver's Island to Governor Douglas, August 12, 1859. I have the honor to be, very respectfully, your obedient servant, ARCHIBALD CAMPBELL. Commissioner Northwest Boundary Survey. Hon. Lbwis Cass, Secretary of State. Ex. Doc. 29 8 m ir^^-i ■Ji 114 ISLAND OF SAN JUAN. Captain Prevost to Mr, Campbell. Her BiiiTANNic Majesty's Ship Satellite, Simiahmoo Bay, 49th Parallel, Jufj/ 31, 1859. Sir: A body of troops, professedly belonging to the army of the United States, having entered upon an armed occupation of the island of San Juan, in the Haro Archipelago, 1 have the honor very respectfully to request you will be pleased to acquaint me, at your earliest convenience, whether such occupa- tion has been effected with your cognizance or consent, previous or otherwise, and, if so, whether you have received any itjtimation that the exact direction of the line of water boundary south of the 49lh parallel of north latitude, under the treaty of 15th June, 1846, has been settled, or whether this movement of occupation is the result of instructions, direct or otherwise, from the government of the United States. 2. If you are prepared to return me a negative answer to the foregoing queries, I would most earnestly implore you to undertake, individually or in concert with me, such steps as may induce the military authorities in Washing- ton Territory to abstain from any course which might lead to acts of violence, and which might in the least degree imperil the amicable relations and good understanding of two countries knit together by firmer bonds of kindred and more extensive ties of commerce than any other two nations of the world. 3. It is not for me to comment upon the act, during a period when the most friendly relations are existing, of seizing by violence a portion of territory M'hich we were commissioned by our respective governments amicably to assign to either government as the treaty might be found to determine, and which has not yet been so assigned ;., but I may remark that an act so unprecedented in the history of civilized and enlightened nations, and so contrary to that natural courtesy which is due from one great nation to another, cannot be productive of good, and may in the end entail such serious consequences, that 1 am sure both you and I would deplore to the last hour of our existence any hesitation or neglect on our parts to do all that lies in our power to avert impending evil. To this end, I have loal no time in seeking you, and I would again let me beg you to urge the adoption of some instant measures calculated to prevent any un- to waid and lamentable crisis. 4. With every assurance of personal esteem, and with confidence that you will not, if possible, hesitate to co-operate with me in this serious matter, I have the honor to remain, sir, your most obedient and humble servant, JAMES C. PREVOST, Her Majesty^ a Commissioner. AiuHiDALu Campbell, Esq., United States Commissioner, Sfc., Sfc., Sfc. Mr. Campbell to Mr. Prevost. CAiMP SiMiAKMOO, August 4, 1859. Sir: I have the honor to acknowledge the receipt of your letter of the 31st ultimo, in which you propound to me certain inquiries in regard to what you are pleased to characterize as the armed occupation of the island of San Juan by a body of troops professedly belonging to the army of the United States. As the supervision of the movements and operations of the military forces of the United States forms no part of the duties of the Joint Commission for car- rying into effect the first article of the treaty of June 15, 1846, 1 cannot recog- nize your pretensions to catechize me thereupon, and therefore I decline to return you either a positive or negative answer to your queries. ISLAND OF SAN JUAN. 115 I cannot, however, allow your commanicatton to pass without expressing my surprise that one who has had so many opportunities of forming a just appre- ciation of the military authorities in Washington Territory, as you have, should venture such a reflection upon their honor and integrity as implied in your earnest entreaty to me to undertake, individually or in concert with yon, " such steps as may induce " them " to abstain from any course which might lead to acts of violence." Notwithstanding the friendly relations that subsist between myself and the officers of the army constituting the military authorities in Wash- ington Territory, I have too much prudence and self respect thus to intermeddle with the performance of their duties. Considering the professed object you have in view, I think you are most unfortunate in your comments upon the presence of the United States troops on the island of San Juan, and I may add that they are hot altogether in accoraance with that "natural courtesy" which might be expected in a communication like that which you have stepped out of your official position as commissioner to address me. Notwithstanding the apparent air of moderation with which you have clothed your words, there pervades your whole communication a vein of assumption and an attempt at intimidation by exciting apprehensions of evil, not well cal- culated to produce the effect you profess so ardently to desire. I have the honor to be, very respectfully, your obedient servant, ARCHIBALD CAMPBELL, United States Commissioner. Captain Jambs 0. Prevost, R. N., British Commissioner, Sfc., !fc., Sfc. il Captain Prevost to Mr. Campbell. Her Britannic Majesty's Ship Satellite, Simiahmoo Bay, August 4, 1859. Sir : A body of troops belonging to the army of the United States having en- tered upon armed occupation of the island of San Juan, in the Haro Archipelago, and as such island forms part of the territory involved in the bounda;y estab- lished by the treaty between Great Britain and the United States of the 15th June, 1846, I have to call upon you, as the commissioner appointed by the government of the United States to determine, in conjunction with me, the line of boundary under the aforesaid treaty, to enter into a protest against the armed occupation of any part of such territory, the same being contrary to every prin- ciple of international law, and antagonistic to the pacific mission upon which both you and I are employed. I have the honor to be, sir, your most obedient and humble servant, JAMES 0. PREVOST, Her Majesty's Commissioner. Archibald Campbell, Esq., Commissioner on the part of the United States, 8fc , Sfc., Sfc. Sir: Mr. Camplell to Captain Prevost. Camp Simiahmoo, August 5, 1859. I have the honor to acknowledge the receipt of your letter of the 4th instant, and in reply thereto I refer you to my letter of the same date for the 116 ISLAND OF SAN JUAN. views I entertain of the duties of the Joint Commission, in ref^ard to the move> ments and operations of tlie military forces of the United States. I have the honor to be, very respectfully, your obedient servant, ARUUIBALD CAMPBELL, United States Commissioner. Captain ,Tamks C. Prevost, R. N„ British Commissioner, Sfc., Sfc., 8(c. Captain Prevost to Mr. Campbell. Hbr BBiTANNir Majksty's Ship Satellite, Simiahmoo Bay, August 4, 1859. Sir : I have duly received your letter of this date acknowledging the receipt of my letter of the Slat ultimo. * 2 I need scarcely observe to you that your said letter is not a reply to my com- munication of the date mentioned. On the contrary, it evades the principal ques- tion at issue, and exhibits no desire to reciprocate with me in a friendly intercourse, such as I have a right to expect from a commissioner appointed to treat with me by a government whose relations are in such perfect harmony with the govern- ment of Her Britannic Majesty. I have the honor to be, sir, your most obedient servant, JAMES C. PREVOST, Her. Majesty's Commissioner. Archibald Campbell, Esq., United States Commissioner, !fc., ![c., Sft. Mr. Campbell to Captain Prevost. Camp Simiahmoo, August 8, 1859. Sir : I have received your letter of the 4th instant, acknowledging the receipt of mine of the same date. In reply thereto, I have to say that I fully agree with you in your observation, that my letter of the 4th instant is not a reply to your communication of the 31st ultimo, if you mean thereby an answer, either general or particular, to the series of questions therein embodied. But that there is any evasion of either the principal question or any other question you propound to me, I flatly deny. I did not recognize your right to question me, and therefore I declined giving any answer whatever to your queries. In the discharge of my official duties, it has ever been ray desire and dispo- sition to exhibit towards you a spirit of courtesy and frankness. In my pri- vate relations, I have never been backward in meeting your most cordial ad- vances But how far, outside of our legitimate oflicial duties, you have a right to expect me to reciprocate with you in a " friendly intercourse " in my official capacity, as Commissioner, is not for you alone to judge. It is hardly necessary for me to add that I am equally desirous with your- self for the preservation of the peace and harmony which now subsist between the United States and Great Britain, and which I trust most sincerely may long remain unbroken. I have the honor to be, very respectfully, your obedient servant, AKCHIBALD CAMPBELL, United States Commissioner. Captain Jambs C. Prevost, R. N., British Commissioner, Sfc., Sfc., Sfc. T8LAND OF SAN JUAN. 117 Captain Picketi'a Military Order. [OiJers, No. 1.] ' Military Post, San Juan Island, Washington Territory^ July 27, 1859. I. In compliance with orders and instructions from tlie general commanding, a military post will be established on this island, on whatever site the com- manding officer may select. II. All the inhabitants of the island are requested to report ut once to the commanding officer in case of any incursion of the northern Indians, so that ho may take such steps as are necessary to prevent any future occurrence of the 8ame. III. This being United States territory, no laws, other than those of the United States, nor courts, except such as are held by virtue of said laws, will be recognized or allowed on this island. By order of Gaptain Pickett : JAMES W. FORSYTH, Second Lieut. 9th Infantry, Pott Adjutant, ml .V i. Protest of Governor Douglas against the Occupation of San Juan hland. By James Douglas, Companion of the most honorable Order of the Bath, Gov* ernor and Communder-in-chief in and over the colony of Vancouver Island and its Dependencies, Vice-Admiral of the same, &c., &c. The sovereignty of the island of San Juan and of the whole of the Haro Archi* pelago has always been undeviatingly claimed to be in the Crown of Great Britain. Therefore I, James Douglas, do hereby formally and solemnly protest against the occupation of the said island or any part of the said archipelago^ by any persons whatsoever, for or on behalf of any other powers, hereby prO' testing and declaring that the sovereignty thereof by right now is and always hath been in Her Majesty Queen Victoria, and her predecessors, kings of Great Britain. Given under my hand and seal, at Victoria, Vancouver Island, this 2d day of August, in the year of our Lord one thousand eight hundred and fifty-uino,and the twenty-third of Her Majesty's reign. [seal.] JAMES DOUGLAS. :;'^^'r Message of Governor Douglas to the Legislature of Yancouver's Island. To the Legislature, Council, and House of Assembly of the Colony of Van- couver's Island : Gentlemen : I have to communicate for your information the intelligeiico of the landing of a detachment of United States troops on the island of Han Juan, avowedly (see enclosures Nos. 1 and 2) for the purpose of forming a mil- itary post, and of asserting the sovereignty of the United States to that island. Having received no information from any quarter that the government of the United States ever contemplated taking military possession of any )>art of the disputed territory while the boundary line remained unsettled, I am forced to believe that the late unwarrantable and discourteous act, so contrary to the usages of civilized nations, has originated in error, and been undertaken without the authority of that government. m 4 \ 1. 118 ISLAND OF SAN JUAN. That impression is corroborated by a letter (a copy of which is herewith en- closed) from the Hon. W. L. Marcy, Secretary for the United States, dated Washington, 17th July, 1855, to Her Majesty's minister at Washington, which contains instructions from the President of' the United States to the governor of Washington Territory, and displays an the clearest manner the conciliatory and moderate views entertained by his government on the subject of the dis- puted territory. Though the right of Great Britain to all the islands situated to the westward of " Vancouver " or '• Rosario " Straits is, to our minds, clearly established by the first article of the treaty of 1846, and though those islands have since the foundation of this colony been considered as a dependency of Vancouver's Island, it is well known to you, gentlemen, that,. out of respect to the construc- tion that has been put upon that treaty by the government of the United Si)tes, we have abstained from exercising exclusive sovereignty over them. Convinced that any officious or unjust assumption on either side of exclusive right to the disputed territory would simply be a fruitless and mischievous waste of energy, neither detracting from nor adding force to the claims of either nation, wise and considerate policy enjoins upon us the part of leaving so important a national question for settlement by the proper authorities, and of avoiding complications foreign to the views and wishes of, and probably embar- rassing to, both governments. Immediately on being informed of the landing of United States troops at San- Juan, Her Majesty's ship Tribune, under the command of Captain Hornby, was despatched to that quarter, and soon afterward a detachment of royal en- gineers and royal marine light infantry were ordered from New Westminster, by Her Majesty's ship Plumper, Captain Richards, and those troops will be landed at San Juan, to protect the lives and property of British subjects. You will observe, gentlemen, from enclosure number one, that the captain in command of the United States detacliment of troops, in a public notice, dated 27th of July, assumes the exercise of exclusive sovereign rights in the island of San Juan, while the President of the United States altogether disclaims such pretensions, and seeks at most to continue the joint right of sovereignty and domain in common with Great Britain. We may presume from that circumstance that the notice in question was framed in ignorance of the intentions of the United States government, and that the pretensions set forth will not be maintained. Entertaining such opinions, I have not failed to impress on Her Majesty's n.ival officers now stationed at San Juan the desire cf Her Majesty's govern- ment to avoid every course which may unnecessarily involve the suspension of the amicable relations subsisting between Great Britain and the United States ; at the same time, those officers have been instructed, and are prepared, to assert tlie rights and to maintain the honor and dignity of our sovereign and Her do- minions. I have the honor to be, gentlemen, your most obedient servant, JAMES DOUGLAS. Government Housk, Victoria, August 3, 1859. Address of the Legislature of Vancouver'' s Island to Governor Douglas. The House acknowledges the receipt of Your Excellency's communication of the 3d instant, relating to the clandestine invasion of San Juan Island by United States troops, and the steps to be adopted in relation thereto. Mnce that communication it is well known that additional forces have been landed. ISLAND OF SAN JUAN. 119 The House would, therefore, inquire why the British forces were not landed, to assert our jupt right to the island in question, and to uphold the honor of our country and our Queen ? The House would most urgently impress upon Your Excellency to enforce upon Her Majesty's government the necessity of demanding f<*om the govern- ment of the United States, not only the immediate withdrawal of those troops, but also strenuously and at all risks to maintain Her right to the isi.\nd in ques- tion, and also to all other islands in the same archipelago, now so clandestinely, dishonorably, and dishonestly invaded. It is not for our country to be wantonly and insolently insulted, but redress must be demanded. The weakness of the colony is its greatest danger, and at the same time an inducement for the repetition of similar offences by similar persons ; let it there- fore be urged upon Her Majesty's government, that sending out colonists rapidly from Great Britain is the surest way, not only of maintaining peace, but of preserving intact Her Majesty's possessions. Coupled with this, the House would propose that free and liberal grants of laud be given to such immigrants after settling thereon for a certain time. !' 1' Mr. Campbell to Mr. Cass. United States Northwkst Boundary Commission, . Camp Simiahmoo, September 3, 1859. gjij . * * * * * * Since my letter of the 18th ultimo I have received a communication from General Harney, acquainting me with the circumstances which induced him to direct the military occupation of the island of San Juan until he should receive further orders from the President, to whom he had submitted the whole matter. Although I do not feel ^'^lled upon to express an opinion as to the expediency of the measure adopted by General Har..ey in advance of the definite settle- ment of the boundary question, I may venture to assert that the British govern- ment have little cause for complaint. They have given instructions to the gov- ernor of V^ancouver's Island to treat San Juan and the other islands of the Haro Archipelago " as part of the British dominions." They have sent out a commis- sioner with secret instructions to claim as the boundary that channel which wonld secure to Great Britain the whole of the Haro Archipelago ; and, in the event of failure to induce the American Commis'sioner to ac(|niesce in that boundary, he is " at liberty to adopt any other intermediate channel" so as to bring San Juan within the British boundary; but his instructions do not authorize him to adopt (he only channel (the Canal de Haro) which would give this valuable island to the United States. Smith's Island — a small island at the junction of Rosario Straits with the Straits of Fuca — was formerly claimed by the British government. The occu- pation of it by the United States as a light-house station at once extinguished that claim ; and I have no doubt that a similar result v/ould follow the perma- nent military occupation of the island of San Juan — the trer.ty giving us as clear and indisputable right to the one as to the other. The British government, instigated by the Hudson's Bay Company, have long coveted the possession of the island, and it is scarcely to be supposed that they should regard with indifference its unexpected military occupation by its rightful owners, after their success in raising a dispute about its sovereignty, and keeping the settlement of it in abeyance, while they have had the full benefit of its occu- pancy. Nothing has occurred at San Juan to alter the peaceful aspect of affairs exist- lll'i'SV.. 1 'A .-J! A 'I 120 ISLAND OF SAN JUAN. ing at the date of my last letter ; nor, as I then stated, is there the slightest probability of any action on the part of the British authorities in consequence of the military occupation of the island which would endanger a collision, until further instructions are received from England. I have the honor to be, very respectfully, your obedient servant, ARCHIBALD CAMPBELL, Commissioner Northwest Boundary Survey. Hon. Lewis Cass, Secretary of State. Mr. Campbell to General Harnexj. Steamer Shubrick, San Juan Harbor, August 14, 1859. My Dear General: Captain Alden is about to leave the harbor for Fort Vancouver with despatches from Colonel Casey, and 1 take the opportunity of dropping you a line in relation to the state of affairs resulting from the laiiding of troops on San Juan Island. When I learned from Captain Ploasanton that Captain Pickett's company was ordered to San Juan, I thought it was a very proper movement for the protec- tion of American settlers from northern Indians, and from the interferences of the Hudson's Bay Company's agents, who had recently been threatening to take one of the settlers to Victoria for trial. And I did not anticipate from it, any serious objection on tlie part of the British authorities on Vancouver's Island — certainly no forcible opposition — troops at various times having been sent there at intervals, in small detachments, for the protection of settlers against the In- dians. But I happened to be making an exploration of the archipilago at the time Captain Pickett arrived, and for several days after he landed I was anchored in this harbor, and I soon saw that it was g»>ing to produce great excitement uidess it was managed with great discretion. Before I saw Captain Pickett's instruc- tions, I did not suppose it possible that any collision could arise between the United States and English troops ; and 1 took it for granted that his duties would be confined to the objects specified hereinbefore. While the boundary line still reoiained unsettled, and the commission appointed to determine the boundary line still existed, I did not suppose any resistance would be made by Captain Pickett to the landing of British troops, if they thought proper, as a matter of protection to English subjects on the island, to station a force on the island. It did not seem to me, under present circumstances, that we should be justified in going to the extent of refusing to allow them to land troops for peace- able purposes. I found Captain I'ickett had different views, derived from your instructions, which he confidentially showed to me. I perceived that they were susceptible of the interpretation he gave them, though they were not directly mandatory on the subject. And supposing it possible, if not probable, that you might have received instructions from the War Departi it for the occupal'on of the itiand, I felt a dc icacy in interfering further in tne matter, lest I might be disturbing plans well considered by you and determined on by the govern- ment. At the same time, as I had no intimation on the subject from the State Department, 1 felt considerably troubled lest there might be some misunder- standing. I was called npon officially by my colleague. Captain Prevost, the British C )mniissioner for the settlement ol' the water boundary, to take steps individually, or in concert with him, to protest against the armed occupation of the island, it being intimated that British troops would be lauded. As I did not consider it ISLAND OF SAN JUAN. 121 my duty as commissioner to interfere with the operations of the military forces of either government, I declined to take the steps indicated. Thus far no serious results have followed from the presence of troops on the island. But there is a good deal of excitement among the authorities of Vancouver's Island, and doubt- less a good deal of morti.ication. And if I may be permitted to advise, I would recommend caution, so as to prevent, if possible, any collision, which I think under no circumstances ought to be allowed to occur. However certain may be your conviction that the boundary line, according to the treaty, should run down the Canal de Haro — and I have never hesitated, when asked, to say that such is the ground I have taken as commissioner, and that in this I believe I will be supported by the government — still the question has not been authoritatively decided. And unless you have some intimation from the War Department which has governed your action, I fear that the decided action you have taken in declaring the island American territory may somewhat embarrass the question. I shall be greatly relieved to learn that you have some authority from the government for the decisive step you have taken, though I do not pretend to ask or desire the information in my official capacity. I thought it possible, if you had no directions from home, that you might be in error in some points regarding the joint commission, and therefore have taken the liberty of letting you know that it still exists, notwithstanding the slow progress made in settling the boundary question. I presume Colonel Casey has fully informed you of everything that has taken place since his arrival, and therefore I need say nothing further. Hoping you will excuse the liberty I have taken in writing thus frankly, I am, my dear general, very respectfully and truly, your obedient servant, ARCHIBALD CAMPBELL. Brigadier General W. S. Harney, U. S. A., Fort Vancouver, W. T. General Harney to Mr. Campbell. Headquarters DEPARTME\'r of Oregon, Furt Vancouver, W. T., August 16, 1859. Mv Dear Sir : Your communication of the 14th instant has just been received, and I hasten to place you in possession of the facts connected with the occupa- tion of San Juan Island by some of the troops of my command. This step would have been taken before, but I was inform. d you were en route to Wash- ington. I enclose for your information a copy of a protest issued by Governor Douglas, commander-in-chief of the island of Vancouver, to the occupation of San Juan Island, and claiming the sovereignty of said island for the Crown of Great Britain ; also, a copy of my letter to Governor Douglas in reply to his protest. You will perceive that in my reply to Governor Douglas I charge the British authorities of Vancouver's Island with having violated the rights of American citizens on the island of San Juan in such a manner and by such means as to leave me no other alternative than to occupy the island for the protection of American interests. In assuming this responsibility, I was careful to state dis- tinctly and fully to Governor Douglas i\w position of my troops on the island of San Juan, and I reiterate to you that the relative claims of the two countries has had nothing to do in tin; assignment of the troops in question. The British authorities chose to violate treaty stipulations made in good faith and maintained by the United States in good faith, by attempting to arrest an American citizen on 8an Juan Island, to convey him to Victoria to be tried by British laws. To prevent a repetition of this outrage until the government of the United States \ \ ■ i 122 ISLAND OF SAN JUAN. could be apprised of it, I have placed troops on the island, with snch orders as I have deemed necessary to effect this object. With the question of boundary between the United States and Great Britain I disclaim having done anything with respect to it in occupying San Juan IsU and. Great Britain has no sovereignty over American citizens on San Juan Island, and every attempt made by her authorities to advance such claim I shall resist until further -orders from the President, to whom I have submitted tlie whole matter; in the mean time I trust the labors of your joint commission will be prosecuted amicably and successfully, for I can assure you that no one is more desirous of facilitating your labors than myself I am, sir, with high respect, your obedient servant, WILLIAM S. HARNEY, Brigadier General Commanding. ARCHinALD Campbell, Esq., Z7. S. Commissioner Northwest Boundary, Harbor San Juan Island. Mr. Campbell to General Harney. Camp Simiahmoo, August 30, 1859. Mv Dear General : I had the pleasure of receiving on the 22d instant your letter of the 16tli, placing me in possession of the facts connected with the oc- cupation of San Juan Island by some of the troops under your command. For the trouble you have taken to furnish me with this information in the midst of more pressing and important occupations I beg to return you my sincere thanks. Had I known your views earlier, I should have been free from the embarrass- ment expressed in my letter to you of the 14th instant. The rumor in regard to my departure for Washington City, which prevented your communicating this before, had no foundation whatever. In a few days I contemplate a trip along the forty-ninth parallel as far as Fort Colville. I shall return to this place via the Columbia river towards the middle or close of October, by which time you will probably have received answer to your despatch to Washington, which I ' 'ust may be satisfactory to you. Looking forward with pleasure to meeting you at that time at Fort Vancouver, I am, my dear General, very respectfully and truly, your obedient servant, ARCHIBALD CAMPBELL. Brigadier Genei'al W. S. Harnev, U. S. Army, Fort Vancouver, W. T. %. Mr. Campbell to General Scott. Fort Walla-Walla, October 31, 1859. Mv Drar Gbneral: I arrived here to-day on my way from Fort Colville to Fort Vancouvei*, and shall leave day after to-morrow. As 1 understand from letters received at this post that you will probably be at Fort Vancouver within the next week, I hope to have the pleasure of meeting you there, and avail myself of the express to notify you of my whereabouts, as you may probably desire to see me. Captain Dent will despatch me by the most speedy mode of conveyance witliin his control, and if no accident delays me, I will be at Fort Vancouver by the 7th proximo. The late papers which I find here inform me of your mission to the north- ISLAND OF SAN JUAN. 123 V8 as W^'t boyndat/« an 1 as I deem it important you should be fully informed of the , eotttHQ the BrHish government have pursued to procrastinate the settlement of the botllidaty between Washington Territory and Vancouver's Island, I hope I may b« able to put you in possession of this information before your final de- t^rmfnAtidti in regard to the military occupation of San Juan Island, as it may iMt^rifilly ttffect your views on the question. I am, my dear General, very respectfully and truly, your obedient servant, ARCHIBALD CAMPBELL. JAmt, Oeticffll Winfield Scott, Commanding United States Army. Mr. Camjjf'ell to Mr. Cass. Fort Walla-Walla, November 1, 1859. HlB i I fi^ftched this place yesterday on my way from the 49th parallel, on i\m Q(}\miih\n river, to Fort Vancouver, and learn by the newspapers that Gen- (sml BmM lifls been sent to this coast on a mission connected with the military occiiptttlfln of San Juan Island. I understand, also, that the General will be at Fort VttiiCOttVcr in a few days, and I have written to him by express that I will be thwfe tm the 7 th proximo, as it is probable he may desire to see me, and that I mtiy llww find despatches from the Department requiring me to communicate with htm Ml the subject of the water boundary. I llftV« the honor to be, very respectfully, your obedient servant, ARCHIBALD CAMPBELL, Commissioner Northwest Boundary Survey. Hen, Lbw(« Cass, Hearctary of State, Mr. Campbell to Mr. Cass. United States Boundary Commission, Camp Simiahmoo, November 15, 1859. 8(B } I have just arrived at this place, via the Cowlitz River, from Fort Van- couver Notwithstandin;? I made all possible despatch to reach the Sound, on himiUijj^, ihfim^h the newspapers, General Scott's mission, I found on my arrival ftt (Hymu\n, on tlie 13th instant, that the General had returned to San Francisco ontljM Jlfh jflPtfuit, in the mail steamer. f^Umt my rctnrn from Fort Colville I have received four mails, but no letters from i\w Dtfjmftmont have reached me. I have only time by the return steamer to mmmnmi my retu:n from my trip along the boundary line to the Columbia Blvor, I h(tv« the honor to be, veiy respectfully, your obedient servant, ARCHIBALD CAMPBELL, Commissioner Northicest Boundary Survey, llmh Lkw(» Cass, /^century of State. Mr. Cass to Mr. Campbell. Department of State, Waslungton^ September 15, 1859. SlH J 0 126 ISLAND OF SA^, JUAN. EXTRACT FROM LETTER OP THP DEPARTMENT OF STATE. Mr. Casa to Mr. Campbell. Department op State, Washi.igton, March 3, 1860. Sir : Your several communications of 1859, including also the reports of Lieutenant John G. Parke, have been received . The information which you have timely communicated to the Department has been interesting and important. The question of the water boundary is now the subject of discussion between this government and that of Great Britain. It gives me pleasure to inform you that your proceedings have received the commendation of the President. ^^ ^F ^ ^ 'r ^p I am, sir, your obedient servant, LEW. CASS. Archibald Campbell, Esq., Commissioner Northwest Boundary Survey. ISLAND OF SAN JUAN. 127 IV. GEOGRAPHICAL MEMOIR. CONTENTS. MAPS AND CROSS SECTIONS. Diita used in comjpilation. — Curves souuding, construction of cross sections. / CHANNELS. Channels between Gulf of Georgia and Straits of Fuca. — Strongest currents, principal channels. — Comparison between Cauiil do Ilaro and Rj^ario Strait. ARCHIPELAGOES. Division and location. THE NORTHERN ARCHIPELAGO. General description. Boundaries ; principal islands ; area ; topography ; timber ; grazing ; game; Indians ; fish ; explorations of assistants of the boundary survey ; admiralty charts. — Stilt Sprmir (Admiral) Island. Boundaries ; shape ; area; topograpiiy ; mountains ; harbors. — Precast Island, Location; topography; area. — Saturna Group, (Saturna, Mayne, and Pender Islands.) Boundaries; topography; area. — Tumho Island. Boundaries; area; topography. — Guliano Island. Boundaries; topography; area; mountains. — Reid Hall, Secretary, ani Narrow Islands. Connection with other islands, forming a chain; location; area; anchor- age. — Kuper Island, Location; dimensions. Tent Island — Thetis Island. Location; harbor; area. '-4 THE HARO ARCHIPELAGO. General Description. Explorations of Captain Wilkes ; names ; boundaries of archipelago ; islands composing the group ; area; importance of its position ; channels ; harbors ; charac- ter of the land ; topographical features ; sheep-raising; coal; limestone; trees; agricultural value; islands belonging to Indians of Washington Territory; military and naval import- ance of the archipelago; reports of General Smith, Captain Stoneman, Lieutenant Whit- ing, and General Totteu ; expeditions of assistants of Boundary Survey; notes of Dr. Ken- nerly, used in compilation of sketch ; confusion in names of localities. — San Juan (or Kodgers's) Island. Boundaries; importance; claimed by the British government; early occupation ; sheep-raising ; depredations cf northern Indians ; description of their canoes and prowess and skill in navigation ; consternation caused by them in Puget Sound ; complaint of Americans ; relations between the Hudson's Bay Company and the Indians ; Hudson Bay Company's protection of American citizens ; conflict of jurisdiction ; seizure of Hud- sou Bay Company's property for taxes ; claim against the United States ; United States mil- itary occupation ; causes that led to the occupation ; protest of British authorities ; mission of General Scott; joint military occupation ; area of the island ; mountains; prairies; hills; valleys; soil; lakes; water-power; limestone; fishery; harbors. — Henry Island. Topograph- ical features. — Stuart, John's and Spieden Islands. Location; area of group. — Stuart Island. Area ; mountain ; arable land ; harbors ; building-stone ; fishery. Other islands of the group. — Waldron Island. Boundaries ; area ; geology ; arable land ; grass ; deer. — Patos {Gouxdi) Island ; Sucia (PcxcwdX) Group ; Matta (Edmunds) Group; Barnes, Clarke, and Sisters' Islands. Location; area; sandstone. — Orcas (Hull) Island. Boundaries; area ; mountain ridges ; Mount Constitution ; Turtle Mount ; shore on Rosario Strait ; Iron- sides Inlet ; Guerriere Bay ; Fishtrap Bay ; agricultural land ; streams; timber; pasturage; deer and elk; soil; rocks; coal. — Shaw's Island. Boundaries; area; shape; topography of interior; timber; arable land. — Obstruction Island. Location. — Blakely Island. Bounda- aries ; shape ; mountain peak ; area ; timber ; grass ; water-power ; lake ; grazing. — Deca- tur Island. IBoundaries ; area ; shape ; arable land ; harbor ; shores ; land slides ; stream ; cedars; deer; grazing. — Lopez {Ch&ubcy) Island. Boundaries; shape; area; Watmaugh head ; harbors ; Macedonian Crescent ; shores ; prairies ; timber ; streams ; wolves ; arable laud ; grazing ; fislieries ; assumption of jurisdiction by British government ; proposition to laud British troops uu the island. ■M 'f bl V^l 128 ISLAND OF SAN JUAN. GEOGRAPHICAL MEMOIR. It -^ '.. ill'! ', "..1' MAPS AND CROSS-SECTIONS. Accompanying this memoir is a map to illustrate the water boundary, conBisting of the united photographic copies of the three detailed sheets of the bouiidfiry maps from Point Roberts to the Pacific Ocean. These sheets were compiled from the data of the United States Boundary Survey, United States Coast Survey, the surveys of Captain G. II. Richards, II, N., published on the Admiralty charts?, sketches from the General Land Office, and all available published information. The curve lines, indicating the depths of ten fathoms, twenty fathoms, thirty fathoms, &c., were constructed after a care- ful study of all the soundings as far as the seventy fathom curve upon the two detailed sheets — the first from I'oiiit Roberts to the Straits of Fuca, and the other the Straits of Fuca, (eastern portion,) and were shaded, in order to indi- cate their relative depths. Cross-sections on four different parallels of latitude have been constructed to illustrate more clearly the relative depths and widths of the Canal de Haro and Rosario Straits. CHANNELS. The waters separating the islands between the mainland and Vancouver's Island, forming the principal continuous channels south from the Gulf of Georgia to the Straits of Fuca, flow — through Stuart Channel south by the Canal dellaro; through Porticr Pass, south by Swanson Channel and Oanal de Haro; through Active Pass, south by Swanson Channel and Canal de Haro; through the Canal de Haro; through President's Passage, Ontario Roads and Little Belt Passage; and through Rosario Straits. In tracing out the ten, twenty, thirty, &c , fathom curve on the map, it appears that the main flow of water between the Gulf of Georgia and the Straits of Fuca is through the Canal de Haro on the west, and Rosario Straits on the east. 'J'lie " middle of the channel," the Jifum aquce or thalweg — that is, the line of deepest water, of the Gulf of Georgia, at the 49th parallel of north latitude, is much nearer the island shore of Vancouver's Island than to the main land, as shown by the cross-section on that parallel ; and thence curves south close to the shore of Saturna Group, having, opposite Tumbo Island, from 100 to 123 fathoms of water. Here the waters are divided between the two channels, those to the east meeting the counter-flow or counter-acting cmrents of Rosario Straits from Alden's Bank, and tliose to the west, turning into the Canal de Haro, between East Point and Patos Island, with a d<'pth of 116 fathoms. Alden's Bank, over which then' is only 2\ fathoms, thus beconifs the barrier to the full sweeping current of the Gulf of Georgia, through the eastern channel. This cliainu'I may he considered as beginning between Sucia Group and Sandy Point. Between Alden's Bank and Sucia Group the greatest depth is 90 fathoms, or 26 fathoms le.-'S than at the entrance of the Canal de Haro. Th(! cross-section on the parallel of 48^ 4;V shows at a glance the relative depths of the diflferent channels between Vaneouver's Island and the mainland. This cross-section is made just north of Lumnii and Matia Islands, and repre- sents the Sucia Group as separating the Canal de llaro from Rosario Straits. The greatest depth of water in the Canal de Haro is 183 fathoms, while in Rosario Straits the deepest water is 60 fathoms, or 123 fathoms less. The Canal de Haro enters the Straits of Fuca with 97 fathoms, while the Rosario Channel enters those straits with 53 fathoms, or 44 fathoms less than the Canal de Haro. Following the soundings along the lines of deepest water in the two channels, the least depth in Rosario Straits is 29 fathoms, and in the Canal de Haro the least depth is 92 fathoms, (just before entering the Straits of Fuca,) a diflereuce of 63 fathoms. In fact, the least depth along the channel hue in the ISLAND OF SAN JUAN. 129 Canal de Haro is greatur than the greatest depth in the Rosurio Straits. Tlie average deptlis, widths, area of croas-sectioriA, and volume of water of the Canal de Haro, are also much greater than those of Rosario Strait:;, all of which facts show that the Canal de Haro is the main channel between the Gulf of Georgia and the Straits of Fuc^. These facts are exhibited in a marked man- ner by the cross-sections. One of these, previously mentioned, shows the entrances from the Gulf of Georgia: the next is made on the parallel of 4S° 35', and crosses Ilosario Straits about midway between the Gulf of Georgia and the Straits of Fuca, showing almost the greatest breadth of the islands : and the other on the parallel of 48° 25', just south of Lopez and San Juan islands. This shows the outlets of both the Canal de Haro and Rosario Straits into the Straits of Fuca. To continue the comparison, it appears that the least breadth of the Canal de Haro is 2^ miles, (between Stuart and Gooch islands,) and the greatest breadth is 8 miles, (between Discovery island and Eagle Point;) while the least breadth of Rosario Straits is 1^ mile, (between Cypress and Blakely islands,) and the greatest breadth 6|| miles, (between Deception Pass and Watmaugh Head.) Further, the Canal de Haro is an open and free channel, with but two excep- tions — Unit Rock and the reef off Darcy island ; while in Rosario Straits there are many interruptions — Peapod Rocks, Belle Kock, Bird Rock, Kellet Ltdge, and Dennis Rock, some of which are directly in mid-channel, and the others close to it ; there are, besides, numerous other rocks near the shore. The shores of both the channels are bold; this is in fact the characteristic feature of the shores along all these waters. It will be seen from the foregoing description that the " middle of the channel," the thalweg, ov Jilum aqure — that is, the line of deepest water separating the continent or mainland from the island of Vancouver — passes from the Gulf of Georgia to the Straits of Fuca by way of the Canal de Haro. li ARCHIPELAGOES. The islands between the mainland and Vancouver's Island, from the forty- ninth parallel south to the Straits of Fuca, are divided into two archipelagOL-s, sepaiated from each other by the Canal de Haro. THE NORTHERN ARCHIPELAGO. OBNKRAL DESCRIPTION, The Northern Archipelago extends from the forty-ninth parallel south to the waters of the Canal de Haro, aud is bounded on the east by the Gulf of Georgia, and on the west by Swanson channel. The principal islands of the group are. Salt Spring, Prevost, Saturna Group, Galiano, Kuper, and Thetis, which, together with the numerous smaller islands, have a combined area of about one hundred and thirty- five square miles. All of these i!»lands are timbered, and the smaller ones, with but few exceptions, are level. The timber is not as large as that of the same character generally in that region. Although no prairies were observed, occasionally open spots were seen on the hillsides overgrown with grass that would afford ample grazing for largo flocks of sheep. Judging from the numerous deer trails running in all directions', and from the grouse and other small game that was seen, these islands must abound in food for the Indians that inhabit their shores. The Penalahut Indians have one or two villages on different islands, but the principal tribe is that of the Cowitchens. The Cowitchens are very numerous and live principally on the east shore of Vancouver's Island, hunting and fishing through this archipelago. Ex. Doc. 29 9 U f y 130 ISLAND OF SAN JUAN. '^^^ Fish of several varieties are tnkon in the numerous harbors and cliannelfi, almost without exertion, and with the abundance of clams and oysters that arc everywhere found along the shores, this country is a paradise for the Indians. In the expeditions made by the assistants of tlic Boundary Survey to this archipeiago, tlie explorations were not so extended as those to the south, and consequmitly the general description of it is not so thorough. The surveys df this locality, from the English Admiralty charts, furnish much of tlie data used in this description. SALT SPRING ISLAND, {Admiral Island of the English Admiralty chart.) Salt Spring Island, the largest in the group, is sixteen and a half miles long between Regatta Channel on the SdUth and 8outhy Point, its most northern ex- tremity, and has an average width of four miles between Stuart Channel on the west and Swanson Channel on the east. Its greatest length is in a north-north- west direction, cut by three or more distinct ridges of moutitains that extend partly across the island in a nortliwest and southeast directiou. The area of the island is about sixty-seven square miles, one half of which may be considered fit for cultivation or settlement, being a rolling country, but heavily timbered. The southern and western portion is mountainous, and in the most southern ridge. Mount Bruce, 2,',i29 feet, is the highest peak on the island. Mount Brnc(!, Mount Baynes, and Mount Erskinc, are prominent peaks of the three ridge:). The southern ridge is almost cut off from the island by Burgoyne Bay on the north and west, and Fulford Harbor on the south and east, tliat extend inland for a considerable distance. These, together with Ganges and Long harbors on the east, and Vesuvius Bay on the west, are the principal harbors of this island. PREVOST ISLAND. Prevost Island lies to the east of Salt Spring Island, and is separated from it by Ganges Harbor and Captain Passage. Its shores are bold and rocky, with numerous small islands along them tliat close in the many indentations of tlie shore, thus forming small harbors. The area of this island is about three square miles, all heavily timbered. SATL'Ri\A UROLP, {Saturna, Pender, and Mayne Islands of the English Admi- ralty chart.) The Saturna Group was for a long time considered as one island, and only from comparatively recent surveys !\ave its limits become known. It is formed by three large inlands known on tlie English Admiralty chart as Saturna and Mayne islands, lying to the east% a'ld Pender Island to the west of Plumper Sound. Plumper Sound is a larg • body of water dividing the group, and may be considered as the continuation of Swanson Channel, as at the head of tiie southern island Swanson Channel turns to the south. The southeast portion of this group is rough and mountainous, and the shores are bold, with innu- merable small islands and rocks extending along thetii. Active Pass divides the group from Galiano Island, and with Swanson Channel on its west, and Gull ot Georgia on its east, it has an area of about thirty-three square miles. TLMUO ISLAND. This island is separated from Saturna by a small channel running east and west, and from its eastern end (Savage Point on the north, and Race Point on the south) the waters of the gulf deepen gradually, forming the western side of the entrance to the Canal de Haro from the Gulf of Georgia. It has an area of only about half a square mile. On the west it has the appearance of a ISLAND OF SAN JUAN. 181 hnrbor fonned by small islnntla connoctecl by reefs. This inland, B<*11 Cliniii, and emnller ones, together with rocks between, form an outer coast, as it w«r»', to the Saturna Group from East Point at the eastern extremity, to Edith Point, the end of the peninsula formed by a harbor extending in a northeast direction. OAIilANO IMLAND. Galiano Island extends from the Saturna Group northward to Portier Vunn, which is a little north of the 49th parallel, between Swanson Channel and tlte Gulf of Georgia. Its eastern shore is bold and comparatively free from roclcM or small islands, while on the west there are many indentations, with small islands and rocks near the shore. Parker Island, Wise Island, Walker's Itockf and other islets form a chain from the southern part of this island to Retri.'ut Cove, and from there north it has a bold, regular shore on Swansou Channel. Just north of Retreat Cove is the highest part, and from this cove across to tho Gulf of Georgia is the narrowest part of the island. It extends in a north* west and southeast direction, widening out to the south, with two good harbors on each side, formed by Gossip Island on the Gulf of Georgia side and Parker Island on the Swanson channel side. Tho greatest length of this island U about sixteen miles, and, together with the smaller islands adjacent, has an area of about twenty one square miles, two-thirds of which is mountainous, th'S mountains, however, rising to no great height, the highest point being about nine hundred feet. 1 1 ' ■'1 % *■! Ji I REID, HALL, SECRETARY, AND NARROW ISLANDS. These islands, together with other smaller ones, form a chain of about six and one* half miles lon<>-, almost midway of Swanson Channel, lapping the northern end of Salt Spring Island, and extending a short distance north of the forty-ninth parallel. They comprise an area of about three square miles, and present many favorable points for anchorage in the navigation of Swanson Channel. KUPKft ISLAND. Kuper Island is situated just north and west of Salt Spring Island, from which it is separated by Houston Passage, which, running north and south, connectrt Swanson and Stuart channels. It is about three and a half miles long and tma mile wide, with its eastern shore free from smaller islands or rocks, washed by the waters of Houston Passage; while to the west Escape Reef, Hudson 1 sland, and other islands, lie close in on tho Stuart Channel shore. At the south of this island, and as it were a continuation of it, separated by a narrow channel, is Tent Island, with an area of about one-third of a square mile. THBTIS ISLAND. Thetis Island is north of Kuper Island, and separated from it by a narrow, crooked channel, connecting Stuart Channel on the west and Swanson Channel on the east. This island is the head of the chain separating the waters form- ing these two channels, and presents to the north a wide, open harbor between Pilley and Reef points. The island has an area of about four and a half square miles, and is divided by the forty-ninth parallel. THE HARO ARCHIPELAGO. ■J GENERAL DESCRIPTION. Prior to the explorations of Captain Wilkes, of the United States navy, in 1841, the whole of this group was laid down on the maps as one island, and was known by the name now borne by the principal one of the group, San Juan Island. ^. 132 ISLAND OF SAN JUAN. Ec was the first explorer who developed the fact of this being an archipelago, and at first contenaplated calling it the Naval Archipelago, an approp/iate com- pletion of the nomenciaturo of the islands, bays and channels, comnaemorating the brilliant history of our navy. Subsequently he changed his mind, and gave it the name of the Haro Archipelago, in honor of Lopez Gonzales de Haro, the Spanish discoverer. The Haro Archipelago is bounded on the north by tae Canal de Haro and the Gulf of Georgia; on the east by Rosario Strait; on Jiewestby the Canal de Haro ; and on the south by the Straits of Fuca. It contains seven prominent islands, viz : San Juan, Waldion, Orcas, Shaws, Blakely, Decatur, and Lopez, besides many small ones, some of them scarcely large enough to be worthy of special notice. The combined area of the islands is about one hundred and sev- enty square miles. The archipelago occupies an important position in its relation to the other parts of this region. Lying just north of the eastern end of the Straits of Fuca, through which the currents of PugcL ooiind, and perhaps also of the Gulf of Georgia, flow during the rise and fall of the tides, it obstructs the currents flow- ing to and from the Gulf of Georgia, giving them various courses by deflection, and often producing, in many places, tide-rips sufficiently extensive to endanger small craft. The islands are separated by narrow but very deep channels, so deep indeed that the largest class vessels can pass through almost any of them. This is the character of almost every narrow channel separating islands lying between the continent and Vancouver's Island, and has led many a sailor to compare these waters to the Straits of Magellan, where it is often difiicult to find anchorage. In circumnavigating the archipelago scarcely a harbor is to be found capable of accommodating vessels of even ordinary size, althougli there are many places where anchorage may be found, and where vessels could lie in safety, under the lea of some island, during storms from certain quarters. But within the nest, as it were, there are some of the most beautiful harbors in the world. There is among them a perfect network of channels, all sufficiently deep to be navigated by the largest vessels, and unobstructed by rocks, except in a i^'if localities which are marked on the chart. Of the entire area of the islands, it is estimated that about sixty square miles is arable land, and about eighty square miles is pastoral land, covered with nu- tritious grass, which retains its verdure nearly thr^tughout the year. The re- mainder is principally covered with forests of the coniferous trees of that region, consisting of fir, pine, and cedar, whi?h on some portions of the islands attain great size and beauty. Part of that which is described as arable and pastoral land is also timbered to some extent, and would necessarily have to be cleared before the soil could be cultivated. The islands are well watered by lakes and running streams. Although the portion of open country is small, ^ et distributed over the whole group are patches of prairie land, smooth, swelling slopes, and mountain sideh' covered' with luxuriant grass to their summits, giving to wild and solitary tracts a pleasingly rural aspect. A noticeable feature in the topography of these islands is the peculiarity that the mountains at the northern end are almost universally the most elevated, and gradually d.>jinish in height toward the south. Another striking feature is that tlie southern slopes are almost invariably destitute of timber, but are covered with a luxuriant growth of grass. This peculiarity is so striking as to attract the attention of all who traverse these waters, and in spring time and early summer, when the grass is green and the flowers are in bloom, the prospect is enchant- ing. The absence of trees in these localities may be uttrihuted to the fact that the soil is very shallow, overlying masses of rock, but sufficiently deep to sus- tain grass, assisted by the direct rays of the sun. These islands are particularly adapted to rai.'jing sheep, aa has been fully ISLAND OF SAN JUAN. 133 demonstrated by tlie Hudson's Bay Company on San Juan Island. The mutton of Vancouver's and San Juan islands is remarkable for its delicacy of flavor, which may be accounted for by the peculiar properties of the grazing. The same favorable circumstances exist on the other islands, a mild climate, absence of beasts of prey, (except on Lopez Island,) and an abundance of sweet nutritious grass, even to the summits of the mountains, during nearly the entire year. The deer on the islands were found in midwi, ter in most excellent condition. On San Juan Island the sheep increased so rapidly it was difficult to find fresh pasturage for them near the Hudson's Bay Company's establishment. The aver- age net weight of the sheep when full grown and fat is fifty pounds ; of the fleece three and a half pounds. Coal and limestone are found on several of the islands. Fisheries were for- merly carried on at several localities, and they could easily be made very produc- tive and profitiible. Trees of great value for their ';mber, lumber, and resinous properties, grow on all the larger islands. Although much of the land is mountainous and only adapted to grazing pur- poses, these islands are as valuable, agriculturally, as the settled portions of Vancouver's Island, which they resemble in general character. It might be mentioned, incidentally, that these islands for the most part be- long to the Indians of Washington Territory, the Lummies claiming Orcas, Blakely, Decatur, and a part of Lopez, and the Clallams a part of San Juan. The whole inside of the northeastern part of San Juan formerly belonged to a tribe kindred to the Lummies, and now extinct. It is ill a uilitary and naval point of view, however, that this archipelago possesses the greatest value, embracing as it does some of the finest harburs in the territory, commanding Bellingham Bay and Admiralty Inlet, and in fact forming the key to the whole of the Puget Sound district. The interior pass- ages and bays are capable of being entirely closed by fortifications, which is not tiie case with our other possessions on the Sound, and the islands themselves command all the adjacent waters. They are in fact the only check upon the preponderance which the ownership of Vancouver's Island gives to Great Britain iu this quarter. Frequent allusion has been made in the discussion of the water boundary question to the military importance of the Haro Archipelago, and extracts have been made from reports of General Persifer F. Smith, and Captain Stoneman, and Lieutenant Whiting, on the subject* General Totten, Chief Engineoi of the United States army, made a tour of inspection to this region iu 1860, and, in his report to the War Department, says : The fitness of this island [San Jiuin] for a permanent fortification, or for a military statioQ of any kind, depends upon its relation to so nmeh of our water frontier as lies along the Straits of Fiica, and its water cominunicatious with the Gulf of Georgia. This particular subject was, therefore, kept in mind while I was pursuing my genera' ex- amination of the northwest coast. It directed the particular course of my inspections of those waters, and led nio to extend my explorations as high up as Fraser's River. I find nothing in the magnitude, form, or position of San Juan Island that will admit of treatment for such a purpose, separate from general military considerations, those only with which I have anything to do ; and I now proceed to give, as briefly as I can, the couvictious that has'e ari.seu iu my miud after nniture reflection. Great liritain, by owning the whole of Vancouver's Island, of which the southern shore boinid.'s the Straits of Fuca on the north, possesiies, just within its southern extremity, the tdmirable man-of-war harbor of Esquimault : and she now occupi';? i' as a naval station, having present there at the time of my visit one line-of-battlo ship and u -'r war steamers, riiis harbor has, in a high degree, everj' internal convenience — facility of ingress and cg'vss at all times, and perfect defensibleness at a moderate cost, by fortifications, shoull such de- fence bo considered necessary at any future time. My first reunirk on these circumstances is, that, possessing Esquimault harbor, the owner- ship of the San Juan archipelago, or of that island ulone, is not necessary to Great Britoiu • Page it'i. ''mm ■A iy "' "Ull '- ■. r * J, ; V 134 ISLAND OF SAN JUAN. li for her own occupation, either for defensive or offensive purposes ; because, while occupying Esquimpult harbor, and enjoying naval superiority, she will command completely, so far as local position can enable her, the Straits of Fuca and all other waters within Cape Flattery, including Puget Sound, Admiralty Inlet, and all the channels and passages of the San Juan archipelago. All our commcce and communications therein will be interrupted, or exposed to the greatest hazards. With superiority afloat, sh( will need no fortifications in the archipelago in order to com- mand the passages. Its qui( t and pleasant waters may be much resorted' to by her cruisers, but the place of refreshment, rendezvous, and, if need be, of refuge, will, because there can be no better, be Esquimault itself, indeed, a fortified anchorage at San Juan Island, for in- stance, would not be essentiaMy nearer, and would no better overlook our harbors of Dunge- uess. Port Discovery, Sequim Harbor, Admiralty Inlet, Puget Sound, &c., &c., thauthatof Esquimault Neither does Great Britain ;iecd San Juan Island, nor any other island in the ^roup, for tlie purpo.«e of defending bv fortifications her communications with the Gulf of Georgia. Sucn a system would demand numerous works to overlook the many navigable passages through the group, while ho same naval force that will be i.'idispensable for other purposes will be precisely the best description of force for this defence, and for the interception of, and resistance to expeditions from our distant shores. If, therefore, the archipelago be assigned to Great Britain, it will hardly be the seat of any naval or military establishment. Possibly, with the growth of the country, some establish- ments there may be deemed to need slight defences against predatory raids ; but nothing of that sort can occur within any rL'ttsouuble time ; and nothing is likely to happen in that way to bear upon our present question. But even if it be her wish to fortify there, her de- sire to retain the island arises, 1 am convinced, much less froui a belief that such a military or naval station is necessary to her interest in that region tliti.n I'rom a knowledge that to us tliey will Htford military advantages quite important, and not otherwise to be Inu^ This leaUij me to remark, in the second piuce, that by the establishment of ilie di-'sion line between the two countries, in the Straits of Haro, we shall, in some sort, La^ < coui illation for the advantages Great Britain enjoys by owning the whole of Vancou.< ■ T .., and maintaining a predominant naval force at its southern extremity, .since it will liien be in our power to react with urore or less effect, according to our energy and enterprise, upon these interior waters, by securely forfyiug an anchorage at San Juan Island, or some other place close upon the Haro Channel. The presence, under the shelter of such fortifications, of fast, armed steamers, would exer- cise an important iiiHueuce upon ihe communications between the Straits of Fuca and the Gulf of Georgia, Eraser river, &c.; would at all times threaten and harass this communi- cation ; and completely command it, whenever it should happen to be without the actual presence of ii strong convoy. It is easy to see that no such effects could be looked for, with the naval mastery against us, if our neaic.it fortified position were some forty or fifty miles distant from the main chan- nel — which w 11 be the case if the Kosario Strait is to beeome the boundary. My conclusions, from these aird such like considerations, are that the possession of the San Juan group of islands is, strategically, of high importance to us ; that without this jiossession, there can bo no escape or relief fronr the paralysis that adverse naval predomi- nance will impose on all our coasts and waters insidi) of Cape Flattery ; and that, so far as considerations of a different nature adnrit, or can bo n)aterially aided by such influences, this importance can hardly Lave too much weigLt given to it. (Congressional Globe, 'M\h Congress, 1st session, jr. SifjCii ) During the time that the Boundary Commisaion wintered at Camp Simiahrac; when active operations alonj; the line of survey had to be suf^pc^ndcd, and at other convenient opportuuitict*, a number of expeditions were made to these islands by several of the assistants, chieHy for the purpose of collecting natural history information. From their note<, more i)articMlaily from tliose made by Dr. C. li. R. Kennerly, the Suigeon and Naturalist, tliis general description of the islands is compiled. It is much to be regretted that a more uniform system has not been adopted in regard to the names given to localities in this region. Many of the islands and channels have two, and in some eases e\en three names attached to e;"h of them. If the names given by the early Spanish navigators were t-) r dropped, it is unftatunate (hat tho.xe giv< n by Captain Wilkes should not hv' been perpetuated. On the chart of tht; united St.ites Coast Survey, (publishc;! some twelve years after Wilkes,) the names he had given were, in many in- stances, omitted, and in other instances changed. The late British charts have, to a certain extent, ignored both Wilkes and the (>oai^t Survey in this respect. ISLAND OP SAN JUAN. 135 It is but just and proper to retain the names of Captain "Wilkes in all cases, except where the names given by the Spanish discoverers are well established. This pla." is adopted in the brief sketch herewith presented. SAN JIIAN ISLAND, (Rodgers Island oi Captain Wilkes ) San Juan Island is bounded on the south and west by the Canal de Haro ; on the north by Spieden Channel ; and on the east by President's Passage, On- tario Roads, and Little Belt Passage. It is the most important island of uie Haro group, on account of its geo- graphical position, amount of valuable land, and the prominence that has been given to it by the boundary dispute, and its joint military occupation by the United States and Great Britain. It was the first island of the group that the British government attempted to make a dependency of Vancouver's Island, by occupation through the Hudson's Bay Company, and assumption of jurisdiction over it; and now that their claim to all the islands of the archipelago lying east of it has been virtually abandoned, it is the only one of importance to which even a quasi claim by that government is maintained. In December, 1853, the Hudson's Bay Company sont one of their clerka from Victoria to establish a station on San Juan. This movement was doubt- less accelerated by the passage of a law in 18/>2-'53 by the territorial legislature of Oregon, embracing the Haro Archipelago in one of its counties. The raising of sheep had been so successfully carried on at Vancouver's Island, it was determined to make use of this island for the same purpose, and a flock of sheep was landed at the same time that the company's agent took up his residence on the island. This may be considered the first permanent occu- pation of San Juan, although for a number of years previous it had been tem- porarily occupied by them as a fishing station during the short season when salmon are taken. The Hudson's Bay Company's movement was soon followed by citizens of Washington Territory, and a custom-house agent was also placed upon the Island by the collector of Port Townshend. The insecurity and danger arising frtira the depredations of the Indians who came down fro^ the Russian and British possessions at the north, in their immense war canoes, forced our citi- zens to abandon their attempts at settlei.ient. The Hudson's Bay Compaoy people, however, do not seem to have experienced the same danger, and their establishment went on prosperously. When these northern Indians start out upon their .rading and marauding ex- peditions with a fleet of canoes, varying in number according to the object and extent of their excursions, they present .a truly formidable array. Their canoes, made from the single trunk o*' the giant cedar of their conntvy, are of the most beautiful model and workmanship ; they are from seventy-five to one hundred feet in length, and will carry from fifty to sixty persons, and a plenti- ful supply of arms, ammunition, and stores. They have been known to capture l;irg(! vessels. An idea may be formed of the seaworthiness of these craft, uiul of the Indians' skill in navit^ating them, from the fact that they make voyages along the coast of over five hundred miles in extent, and go far out to sea in pursuit of the whale. These canoes, propelled by fifty or sixty paddles, are driven through the water with great speed. The app. arance of these " vikings" of the northwest in the waters of Puget Sound formerly spread consternation among the few settlers in that region, and mon; especially among the Indians there, so inferior in all respects to their hated northern enemies. It was often made the cause of complaint by the American citizens that these pirates received too friendly a welcome at the Hudson's Bay Company's station on Vancouver's Island, where the authorities seemed to accord to them bellig- I a^i f ; i 4i 136 ISLAND OF SAN JUAN. erent rights, aud afforded them harbors from which to eally forth in their depre- dations — advantages similar to those enjoyed by the rebel privateers during the late rebellion. Allowance, however, should be made for the excited state of feeling naturally arising from the fact that while the American citizens were being plundered and murdered, the Hudson's Bay Company were almost entirely exempt from these outrages, and comparatively on friendly terms with the In- dians, whose incursions may be said to have had for their object plunder of Americans, and traffic with the Hudson's Bay Company. The more correct explanation of their different treatment of the Americans and British subjects, however, is the latter's greater strength and more politic management of the Indians. Audit is only justice to record the fact that United States citizens on San Juan Island have, on several occasions, received the willingly accorded protection of the Hudson's Bay Company's agent. The first conflict of jurisdiction on the island occurred in 1855. The property of the Hudson's Bay Company was assessed in the same manner as other pro- perty within the limits of United States territory. The company refused to pay the taxes, when the sheriff of Whatcom County levied upon and sold enough sheep to satisfy the demand. An enormous claim for damages against the United States on the part of the Hudson's Bay Company followed, which remains unsettled to tllA day, and is, of course, utterly invalid, if the island belongs to the United Stu f No further cou. ^ems to have taken place untilJuly, 1859, when represen- tation was made to L.eneral Ilaniey, commanding the Military Department of Oregon, that it was contemplated by a civil officer of the British government on the island to arrest an American citizen for some alleged offence and carry him to Victoria, the seat of government of Vancouver's Island, for trial. The settlers ako reported that there was not sufficient security on the island against the depredations of northern Indians. These combined statements had sufficient weiglit with General Harney (who seemed satisfied that there could be no doubt that the island belonged to the United State8)'to ind'ice him to send a company of infantry there for the protection of United States citizens. The troops landed on the 26th of July. The British authorities protested against this military occupation, and events soon transpired of such a character as caused the General to add to the company originally placed there all the available troops in Washington Territory. In the mean time a British naval force was kept at anchor in the harbor. The feeling excited by this movement among the people of both countries resulted in the President's sending out General Scott, in September, 1859, to make some amicable arrangement until the quo&tion of sover- eignty should be settled by the two governments. The result of vxeneral Scott's mission was a proposition on his part for the withdrawal of all the United States troops, except one company, as originally placed there ; and a joint occupancy by the British government with a similar force. The governor of Vancouver's Island replied to this proposition that he had not the authority to accept it ; but he gave assurance that no attempt would be made to interfere with the United States troops until he could hear from the home government. The United States troops were accordingly withdrawn, ex- cept one company. In March, 1860, the British government sent a company of marines to the northern part of the island, and there established a military post. The island is still held by this joint military occupation, in accordance with the proposition made by General Scott, and subsequently acquiesced in by the representative of the British government. San Juan Island is the most western of tlie Haro group, and has an area of about fifty-four sjjuare miles. Its greatest length is about fourteen and a half miles ; its general shape being very irregular, the width varies at different locali- ties ; its widest part is about six and a lialf miles. Low ranges of hills trend along its eastern and western shores, those uu the western side being the high- ISLAND OP SAN JUAN. 137 eiit^ Monni ^an Joan, in this range, having an elevation of ahout one thousand i'unt, 'Vh('H(3 ranges slope out toward the north, and there are no elevations of »uy &itm'mu;uci\ on thenorthern shore of the island. Between these hill ranges, MM the centre of the island, lies a basin-like country, gently undulating in its aUnrmU^t. There are extensive prairies in several localities, and from the south vttA of the Jslflnd to within a short distance of its northern extremity flocks can fi'cA an arceti grass almost throughout the year. The greatest amount of arable \iW(\ if* umm\ within the southern third of the island. HMllevHe pfrtitie, situated on the lower end of the island, is about two miles juKjf hy hfiVi' ft mile wide. Oak prairie, which takes its name from the groves of mk nentUm'A over it, containing about one thousand acres, is bounded on the north aimI weKt by the hills along the west shore that extend across the island at its gmiU'Ht width, Some of these hills are grassy to their summits, while others am tmmi or Jess timbered. Immediately north and west of these hills lies a ht'/MitifuJ Vrtlley, stretching towards the north end of the island. The southern end of this valley contains several hundred acres of meadow land, but on the north it i« heavily timbered. The land contained in it is all apparently fertile, flod itroittid it the hills a»- covered with a luxuriant growth of grass. This Vrtlh'y lie« ifnmediately opposite to Henry Island and adjacent to good harbors. Tiie iiofthern end of the island contains much good land, now covered by a Imiyy forest, but when divested of this it can be brought into profitable culti- VfttioH, In this region there is a grove of large cedars very valuable for lumber. Onfi'third of the entire area of this island, or about twelve thousand acres, is well fl»<»nlhern end, in the vicinity of the Hudson's Bay Company's station. On the western shore, near the base of Mount San Juan, immense masses raised up into tterj»endicnlrtf walls are seen at several localities, covering an area of many acres. V\ui nortlieflstern corner of the island is composed of an extensive ledge of the mmui infUerinl. A very small island, (O'Neal's,) lying close to the n >rtheast end of Hm iimn Island, containing only a few acres, is composed almost entirely of limestone. Tested by acid and burning, it proved to be of a superior quality. U exists in snfflcient quantities not only for lime, but might be profitably quar- ried for hnildiiig-stone. Tl>e value of these deposits can better be appreciated frum tite fnet that up to the time of the discovery of limestone on this island it Wtts not Itnowri to exist at any point on Puget Sound, within United States ter- ritory, ttnd for building purposes it was necessary to procure all the lime used, Umtt i'nUi'tmth or Vancouver's Island. In tlie vicinity of the southern end of the island are, perhaps, the best fishing grontnls on I'ngot Sound. Gr(!at quantities of hiilibut, codKsh, and salmon, are tftlieu |(y |:h<< nomerous tribes of Indians who, at the proper season, resort to this vieinityfor tho purpose of fishing. The Hudson's Bay Company were formerly in tint Inildt of putting up at this place from two to three thousand barrels of »*i»l»»on rtlone, whieli were bought from the natives. Persons supplied with tho proj*er flp|dianues for carrying on a fishery would fiud it a very profitable vocation. V. ■"■'V .^ : i 'k 138 ISLAND OF SAN JUAN. At tlifi HOiifliPrn end of the island there is a large hay, known as Ontario KoadH, wlii^rt! vchbcIs are well protected from the prevailing storms of this region. The wuU'r nenr the nhore is not deep, and should it ever be desirable to bnild a wharf lit ihirt point it would require one several thousand feet in length to reach three fiitliottiM at low water. The entrance to this roadstead from the Straits of Fuca JH through n very narrow hut deep channel, known as Little Belt Passage, separatiiig this island from Lopez Island. It is a very convenient and favorite reHort for v«!mmc1» escaping from storms which, often in winter season, very sud- denly «rl«ft on Fuca Straits. On the northwestern end of the island are several bays, w«'ll protected by Henry Island, forming good harbors for vessels of light draught. HENRY ISLAND. Thin \n ft Hmnll island, lying close to the northwestern shore of San Juan Island, containitig about one thousand acres. Its topographical features resemble that portion ui San Juan adjacent to it, and may be considered as a part of that iAaud. 8ti;art, John's, and spibdbn islands. 1'lieso iHlnndH, and several islets, lie immediately north of San Juan Island, to the (*outh and east of the Canal de Haro and west of President's Passage. Spieden Clinnnel separates them from San Juan island, and they are separated from each other by several small and intricate passages. Their combined area iti alxMit hix Hcjnaie miles, Sivurt, llie most northern of the group, is the largest; it lies about midway between the Houthern end of Saturna and northern end of San Juan, and has an area of about .'J/J square miles. At its western end there is a mountain peak five or HJx hundred feet in height, from the summit of which there is a good view of the i'\\\\n: inland, as well as of a large extent of the siirrounding country. It contaifM but a few hundred acres of arable land, the island being rough and hilly } it liaM two beautiful little harbors, one at its north side, and the other at ItM HoutheaHtern side, upon the shores of which are magnificent quarries of sand- stone and nlat(!. Tiiese materials, so valuable for building purp(;ses, are very limited in (piantify throughout Washington Territory, and a locality like this is, tlM-refore, of great value. On one of the harbors are extensive Indian fisheries. The other l«Iatid« of this small group appear to be comparatively unimportant. waldron island. Wuldron inland lies to the south and east of the Canal de Haro, and north and west of President's Passage, and contains about five square miles. Its southern end eojiHJHtrt of a perpendicular bluff of sindstone and conglomerate nearly two hundred feet in height. The eastern shore, composed of the same material, as far an the northeast end of the island, is bold and uninviting. Strong tidal cur- rentM Hweeping through the narrow passage between this and Orcas Island are gradually changing its character. While this portion is hilly, the western half is low land, and when divested of the forest which covers it, might yield abundant crops if Hiibject(!d to cultivation. Within this region is a small grassy prairie containing about one hundred acres. The hills on the eastern half of the island contain unich good grass. The island has no harbor, altliough good anchorage in calf/i weather may be found all along its southern and western shores. ISLAND OF SAN JUAN. 139 imi PATOS ISLAND, {Gourd Island of Captain Wilkes.) — S(T( ia group, {Percival Group of Captain Wilkes.) — matia group, {Edmund's Group of Captain Wilkes.) — barnks, clarkb, and sisters islands. This chain of islands lies at the south end of the Gulf of Georgia, and forms the breakwater which divides it into the two channels which surround the Haro Archipelago. Their combined area is about two and one-half square miles. The sandstone, which is the principal geological formation, is too soft to be val- uable as a building material, and in the places where it is exposed to the action of the waves it is worn into deep hollows. orcas island, {Hull's Island of Captain Wilkes.) Orcas island lies immediately south of the chain of islands already mentioned as breaking the continuous flow of the waters of the Gulf of Georgia into the Straits of Fuca, and to the north of Shaw's, Lopez, and Blakely islands. It is bounded on the east by Kosario Strait, and on the west by President's Passage, which separates it from San Juan Island. It is the largest and, with the exception of San Juan, the most valuable island in the archipelago. At its northern end it is about lour miles wide, and then runs off towards the southeast and southwest, making its greatest width from east to west about thirteen miles, and its greatest length from north to south about nine miles, containing an area of about fifty- five square miles. There are two main ridges of mountains trending in a general direction a little east of south, and west of north, which are in many places exceedingly precip- itous and rugged. The eastern range, bordering on llosario Strait, is much the higher. Mount Constitution, its highest peak, having an elevation of 2,500 feet. The highest peak in the corresponding western range is Turtle Mountain, 1,600 feet in height. Between Point Thompson, the northeastern point, and Point Lawrence, the most eastern point, the shore is so rocky and inhospituble that anywhere along it even small boats would fail to find a safe harbor or anchorage. From Point Lawrence to Obstruction Passage the coast is much less bold, and contains sev- eral little bays, into which pour rivulets from the mountains, watering small but beautiful valleys. There are two large bays and one small one on the southern side of the island. Ironsides Inlet, the most eastern, is the largest. It is about a mile wide, varies in depth from five to fifteen fathoms, and extends about seven miles into the island, within a mile of its northern end, thus nearly cutting it into two. Guer- riere Bay, about three miles to the westward, is about three miles in length and a mile and a quarter in width, and has a depth of from fiv(? to fifteen fathoms. Both of these bays are excellent harbors. There is a small triangular bay known as Fishtrap, extending a short distance into the southwestern end of the island, with its greatest depth ten fathoms. Within Ironsides Inlet, particularly toward its northern end, are several beau- tiful spots of agricultural land, and good timber, having the advantage of being immediately adjacent to an excellent harbor. Streams having their sources in lakes in tho mountain gorges empty into the bay. One of tl»e most pleasing prospects in this region, and especially along the shores of Orcas Island, is the frequent recurrence of beautiful cascades. A stream of water, after traversing for several miles a beautiful valley con- taining some very good meadow land, empties in Guerriere Bay near its head. The largest stream on the island empties into Fishtrap Bay. The land in this vicinity is beautifully located and well adapted to agricultural purposes. Between this place and the extreme western point "the island there is scarcely a locality of agricultural value; but leaving this ; a travelling towards Point Doughty, after passing one mountain range, w enter a region where the land becomes level, and the soil rich and productive. M r ^f '"'ti f ''^^h;\ ^^'\>4 m .-v^ 140 ISLAND OF SAN JUAN. There are some few localities — one or two on Ironsides Inlet, and one at lenst on Guerriere Bay — where there is excellent water power, but the timber is not of the best quality at those points, as the Indians, and white men too, in search of deer, have, from time to time, fired the forest, thus greatly injuring the growth of the trees. Doubtless, hereafter, when the more desirable lumber of other localities, especially on the adjacent shores of Pnget Sound, has become some- what exhausted, mills will be erected on these beautiful harbors. A very important feature of this island is the excellent pasturage which exists on the mountain slopes. The grass is green during every month of the year ; and on the south side of Mount Constitution even, almost to the very summit. Sheep, goats and cattle placed upon the island would thrive and multiply, without the necessity of special care, as there are no beasts of prey to molest them. Deer and elk are the only quadrupeds of the larger species on the island, and a few years ago these were very numerous. The latter are now rarely seen, and the former are year after year rapidly disappearing before the approach of the white man, and in a few seasons will not be seen upon the island. While the lower lands present the character of alluviuls, the mountains are composed of trap syenite and quartz and afford no valuable stone for buiUling purposes. A deposit of coal is found near Point Doughty, at the northwest end of the island, similar to that at Nanaimo, on Vancouver's Island, and nt Bellingham Bay, on the mainland. The extent of this deposit is not known, but, should future explorations make as favorable developments as are anticipated, a rail- road of three or four miles could be easily constructed that would convey the coal to the excellent harbor of Ironsides Inlet. SHAVV'S ISLAND. Shaw's Island lies &.">uth of the west end of Orcas Island, from which it is separated by Harney Ciiannel, and is bounded on the east by Frolic Strait, sep- arating it from Lopez Island ; and on the south and west by President's Passage, separating it from San Juan Island. It contains about eight square miles. It is of very irregular shape, and its shores are indented by numerous small bays. In its interior there are no prominent peaks, though the surface is uneven and much broken by hills and valleys ; the latter are small and generally very swampy, and are rendered almost impassable by thorny bushes everywhere Leaped up in tangh d masses. In many places it is almost as difficult to traverse the higher ground, owing to the undergrowth, which consists mainly of small pines and firs. The timber, consisting of fir and cedar, is small and scat- tered. Here and there are small patches of arable land which, in the aggregate, would hardly exceed 300 acres on the entire island. OBSTItrCTION KSLA\D. This is a smAl island between Rosario Strait on the east and Ironsides Inlet on the west, and is separated by narrow passiigt-s from Orcas Island on the north, and Blakely Island on the south. HLAKELV ISLAND. Blakely Island lies immediately south of Obstruction Island, from which it is separated by a narrow passage, and is bounded by the same bodies of water as the latter on the east and west, and is separated by Thatcher's Pass from De- catur Island on the south. This island in its general shape is nearly square ; "t is a little longer from north to south than from east to west.) It rises from lie water almost like a pyramid, its highest peak, which is about 1,050 feet high, being a little north of the centre of the island. It contains about 6^ ISLAND OF SAN JUAN. 141 square miles, and throughout its extent is mountainous and rugged, presenting but few localities of even very limited area which might be profitably culti- vated. Its shores are all more or less precipitous and rocky. The timber has been much injured by frequent fires, and for this reason there are no induce- ments for lumbermen. At least in one place (perhaps in more) there is excel- lent water power. Grass flourishes on the slopes of the mountains. Near the centre of the island is a beautiful lake of crescentic form, about two miles ia length, and four or five hundred yards in width ; its outlet is a rapid stream of considerable force which empties into a pmall bay on the southwestern side of the island. The only profitable purpose to which this tract of land could be placed would be that of grazing. lu this particular it possesses the advantages enumerated on Orcas Island. DECATUR ISLAND. Decatur Island lies immediately south of Blakely, from which it ia separated by Thatcher's Pass ; it is bounded on the east by Rosario Strait ; on the south and west by Macedonian Crescent, a bay lying between it and Lopez Island. The area of this island is about four square miles ; its extreme lengtli from north to south being about 3^ miles, and its width about two miles. In its gen- oriil shape it is qifflj^rangular, resembling Blakely Island. About one-fourth or more of its area is low land, well adapted to cultivation. On its eastern side there is a harbor well protected by its natural configuration from the prevailing southerly winds, and a small island known as James's, immediately adjacent to it in Rosario Strait, leaves it only exposed to storms from the northeast, from which quarter violent winds very rarely blow in this region. The shores are generally abrupt and precipitous ; those on the north being rocky, while those on the south are composed of alternate layers of sand and clay, and their bold bluffs show the continuous action of the waves, which for ages have been violently dashing against them. Evidences of land slides of limited extent, which have occurred apparently very recently, give further proof that the billows are gradually changing them to such an extent that in a few more years their contour will be so much altered that their present topographi- cal features will be no longer recognizable. Several small streams empty into the bay mentioned as existing on the east- ern side of the island, and in tins vicinity there is much good cedar timber, which, growing in the low and moist lands, has escaped the repeated fires which have swept through the forest. The abundance of deer always found upon this island is evidence of its val- uable grazing properties. LOPEZ ISLAND, named after Lopez de Haro, {Chauncey Island of Captain Wilkes ) Lopez Island is bounded on the north by Frolic Strait and Ironsides Bay, on the east by the Macedonian Crescent and Rosario Strait ; south by Rosario Strait, and west by Little Belt Passage and Ontario Roads, which separate it from San Juan Island. It is very irregular in shape, being characterized, especially on its eastern shore, by deep indentations, which in their formation seem to follow no regular law. Its greatest length from north to south is about ten miles ; its greatest width from east to west about four miles, and it has an area of about twenty-eight square miles. At its southern end the land rises into a mound which is nearly five hundred feet in height, known as Watmaugh Head, and is a very prominent landmark for vessels in the Straits of Fuca. The southern coast is abrupt and broken, while to the north there are land-locked bays and beautiful harbors. A body of water lying to the west of Blakely and Decatur \. Si ;v i ''* .' t sL 1 ^ |[ Jl 142 ISLAND OF SAN JUAN. lelands, and bounded on the south and west by Lopez Island, called the Mace- donian Crescent, is an exteusive and well-protected harbor. This bay is studded with small islands covered with verdure. In many places on the eastern side of Lopez Island the shore ia rocky, but on its western side, the soil being alluvial, by washing away it has become in many places high, perpendicular bluffs. The interior of t'le island contains much level land well r.dapted to cultivation, and near its centre is a prairie of nearly a square mile in extent ; there is also a smaller one near its northern extremity. As on the other islands mentioned, the timber has been much injured by lire. There are scarcely any trees of large size upon the island except in a few low and swampy places. It is not very difficult to traverse much of its extent, especially about its centre, but near the northern end tangled bushes and fallen timber render it a difficult matter, with great toil and trouble, to accomplish more than a mile an hour. There are permanent streams of water in several localities, and in many places, where the land might be too rocky for profitable cultivation, there is always good grass. Upon this island alone of the entire group was found any positive evi- dence of the existence of beasts of prey. Wolves are numerous, and of the largest species known to exist on our continent. Why they should be found here and not on Orcas and other islands of the archipehigo, is somewhat remark- able. Formerly there were a few of these animals on San Juan Island, but in a very short time after its occupation by white men thi'y almost entirely dis- appeared, and are now no longer any annoyance to flocks. So it will be on Lopez after a few persons have taken up their abode there One-third of the area of this island, perhaps, might be subjected to cultivation, but the greater part of this is still covered with trees, which it would require much labor to clear away. Much of the remaining two- thirds, although rocky, is covered with grass enough to support many hundreds of sheep and cattle. On its eastern and southern sides there are good fishing grounds, where the Indians yearly take great numbers of salmon and halibut. At one of these localities, on the eastern side, there exists a small but very shallow bay, into which empties, perhaps, the largest stream of the island. At this place the Hudson's Bay Company formerly had a small trading station. It appears from a report made by Captain Alden, of the United States navy, that in 1853 an American citizen took, up a claim on this island for the purpose of getting out timber, and that Governoi Douglas, of Vancouver's Island, forced him to take out a license from the British government, and demanded that when his vessel took the timber away she should clear at the Victoria custom-house.* When the exciting subject of the occupation of San Juan island by United States troops, in the summer of 1859, was under discussion in the Vancouver's Island Legislature, Mr. Pemberton, one of the members, proposed that British troops should be landed on Lopez Island. * See page 87, Discussion of the Water Boundary Question. ISLAND OF SAN JUAN. [36th Congress, Ist session. — Senate Ex. Doc. No. 10.] 143 Me-i'ttgc of the President of the United Statet, communicating, in compliance with a resolution of the Senate of the 9th instant, the Correspondence of Lieutenant General Scott, in reference to the Island of San Juan, and of Brigadier General Harney, in command of the Department of Oregon. To the Senate of the United States: I transmit herewith a report of the Secretary of "War, with accompanying papers, in answer to the resolution of the 9th instant, requesting the President ••to communicate to the Senate the official correspondence of Lieutenant Gen- eral Winfield Scott, in reference to the island of San Juan, and of Brigadier General William S. Harney, in command of the Department of Oregon." JAMES BUCHANAN. Washinotox, January 30, 1860. War Department, January 25, 1860. Sir : In answer to the resolution of the Senate of the 9th instant, referred by you to this department, I have the honor to transmit herewith copies of the con-espondence with Lieutenant General Winfield Scott and Brigadier General William S. Harney, in reference to the recent difficulties at San Juan Island, together with all other papers of interest in possession of this department relat- ing to the subject. Very respectfully, your obedient servant, JOHN B. FLOYD, Secretary of War. The President. ■'i' List of papers relating to the recent difficulties at San Juan Island, accompamj- ing the report of the Secretary of War of January 25, 1860. 1. Mr. Marcy to Mr. Stevens, July 14, 1855. 2. Same to Mr. Crampton, July 17, 1855. 3. General Harney to Colonel Casey, July 18, 1859. 4. Same to Captain Pickett, July 18, 1859. 5. Same to General Scott, July 19, 1859. 6. Mr. Drinkard to General Harney, September 3, 1859. 7. General Harney to General Scott, August 1, 185J, enclosing petitions of citizens at Sau Juan. 8. Same to the Adjutant General, August 7, 1859, enclosing letters — a. From Colonel Casey, July 31, with enclosures from Captain Pickett ; b. From Captain Pickett, August 3, covering correspondence with Captain Hornby ; c. Proclamation of Governor Douglas ; d. Reply to same, August 6 ; e. To Captain Pickett, August 6 ; f To commander of the Pacific squadron, August 7 ; and g. To General Clarke, August 7. 9. Same to same, August 8, 1859. 10. Mr. Drinkard to General Scott, September 16, 1859. 11. General Harney to same, August 18, 1859, enclosing letters — a. To Colonel Casey, August 8 ; :'■ ; i \ '■ 144 ISLAND OF SAN JUAN. h. From pnmc, August 12, covering conespondeuca with Atlmirnl Mayncs ; c. From enme, August 1 \ ; d. To snme, August IG ; e. From Governor Gholson, August 11 ; and /. To Mr. Campbell, August 16. 12. Same to the Adjutant General, August 25, 1859, with enclosures — a. From (jovernor Douglas, August 13 ; h. Reply, August 24 ; c. Governor Douglas's message ; d. Debate thereon ; e. Article from the " British Colonist." 13. Same to same, August 29, 1859. 14. Same to General Scott, August 30, 1859, enclosing letters from Colonel Casey, August 22. 15. Same to Colonel Casey, September 2, 1S59. IG. Same to Geseral Scott, September 14, 1859, enclosing — a. Affidavit of Mr. Ilubbs ; h. Affidavit of Mr. Cutler ; c. Letter from Mr. Uubbs. 17. Governor Gholson to General Harney, August 21, 1859. ly. General Harney to Mr. Floyd, October 10, 1859, enclosing letters — a. From Mr. Campbell, August 14; h. From same, August 30. 19. General Scott to the Adjutant General, October 22, 1859. 20. Same to same, October 26, 1859. 21. Same to Mr. Floyd, October 27, 1859. 22. General Harney to General Scott, October 29, 1859, enclosing 1 Colonel Casey, October 28. 23. General Scott to Mr. Floyd, December 8, 1859, with enclosures — a. Letter to Governor Douglas, October 25 ; h. Memorandum by Colonel Lay, October 26 ; c. From Governor Douglas, October 29 ; d. To same, November 2 ; e. Projet of settlement ; f. From Governor Douglas, November 3 ; g. To same, November 5 ; h. Special Orders, November 5 ; «. From Governor Douglas ; j. From same, November 7, with enclosures k. To Governor Douglas, November 9, with enclosure ; I. To Captain Hunt, November 9 ; m. To Colonel Casey, November 9 ; n. General Thomas to General Harney, November 9 ; o. General Scott to General Harney ; and -p. Special Orders. 24. General Harney to General Scott, November 17, 1859. from 1. Mr. Marcy to Mr. Stevens. Department ok Statr, Washington, July 14, 1855. 41 ^r ^^ ^F ^P ^* ^^ ^p He [the President] has instructed me to say to you that the officers of the ter- ritory should abstain from all acts on the dis[»uted grounds which are calculated ISLAND or SAN JUAN. 145 to provoke any conflicts, so far an it can be done without in»plying tlio conco^Mion to the authority of Great Britain of an excluiiive right over the oremm'M. The title ought to bo settled before either party should exclude the other by force, or exercise complete and exclusive sovereign rights within the fairly dit»- piited limits. Application will be made to the British government to iuteriioMO with the local authorities on the northern borders of our territory to abstain irota like acts of exclusive ownership, with the explicit underHtaiidiiig that any for* bearancc on either side to assert the rights, respectively, shall uoi be constru'.'d into any concession i *he adverse party. By a conciliatory auu moderate course on both sides, it is sincerely hoped that all (lifHculties will be avoided until an adjustment of the bounrlary line can bo made in a manner mutually satisfactory. The government of the United State* will do what it can to have the line established at an early period. I am, sir, your obedient servant, W. L MAIICY. His Excellency I. I. Stevfns, Governor of Washington Territory, Olympia. :^--f i 2. Mr. Marcy to Mr. Crampton. Department of State, Washington, July 17, 18.'>5, Sir: I am under some apprehension that collision may take place between our citizeus and British subjects in regard *^o the occupation of the diMpuftd points along the line between Washington Territory and the British \io»mm"r "'^-uglas, of Her Britannic Maj- esty's island of Vancouver, also a copy of my reply to the same, with a copy of a letter 1 have addressed to the senior officer of our navy on this coast, request- ing him to send a proper force to observe the British vessels-ofwar, which are being used to threaten, with attempts to intimidate, our people on the Sound. I have also the honor to enclose a correspondence between Captain George Pickett, 9th infantry, commanding on San Juan Island, and Captain H.»rnby, the senior officer commanding her Majesty's ships Tribune, Plumper, and Satellite. The threatening attitude tlie British authorities have seen proper to .assume, has caused me to order Lieutenant Colonel Casey to re-eiiforce Captain Pickett with his three companien from Fort fcsteilacoora, which post will be occupied by four companies of the 3d artillery from Fort Vancouver until further orders. In my report cf July 19, 1859, to the headquarters of the army, I stated I bad ordered the company from Fort Bellingham to San Juan It^land to protect the Amterican citizens residing on that island from the insults and indignities which rhe British authorities of Vancouver's Island did not hesitate tooifer them on eveny occasion. On my visit to San Juan Island, mentioned in that report, the Uited States inspector of customs on the iBlnud, Mr. Hubbs, made an offi- cial complaint in behalf of the American citizens of the outrages perpetrated upon them by the British authorities of Vancotjvor's Island, who are connected with the Hudson's Bay Company establishment, and who have a sheep farm on the island. This company pretend to own the whole island, which is some fifteen or twenty miles long, and five or six broad— while their improvements on the island are a few old houses, and some small fields under enclosure. ISLAND OP SAN JUAN. 151 / W«'<'k or ten days ago, before my arrival on that island, one of the Ameri- m^tn >'l(*»t ft p)g lielonging to the Hudson's Bay Company, after having been r/mtly provukvA by the person in charge, to whom he had applied to have the pig nmwvAi a» It damaged his fields. This request was treated with contempt, and tUn pfjf wnn shot, tlie American offering twice the value for the animal, which Wft*» r4?fiw«(l, The next day the British ship-of-war Satellite, with Mr. Dallas on hnnvii, who is the chief factor of the Hudson's Bay Company, and a son-iu- \nw of (jlovt-rnor Douglas, visited the island, and threatened to take the Ameri- enn Ut VietorJM, by force, for trial. The American resist d, seized his rifle, and iit n'ium told Mr. Dallas he might take him, but he would kill him first. I was 4);iO itil'oftmd that the Hudson's Bay Company had threatened, at different tlm^m, to i^i'tid the northern Indians down upon them, and drive them from the Ifilrtitd/ This Ptatement has since been confirmed to me by some of the most rt'lffibl*' oUiiset'/S of the Sound. I felt it my duty, therefore, to give these citizens the \miimi\ou they sought with such just and pressing claims. (*ov<'fHOf Douglas is the father-in-law of Mr. Dallas, and, having the local fftj/k of vieo- admiral, he commands the British navy in the Sound. This accounts, Ui timm mtfflsure, for the use of the British ships of war in the supervision of the hitereets of the Hudson's Bay Company. To attempt to take, by an armed (ofmi, ttfi Atncrican citizen from our soil, to be tried by British laws, is an insult Ui our flrtgf and an outrage upon the rights of our people, that has roused them to ft hIjfU state of indignation. I, therefore, most respectfully request the Presi- dent to eoNf^Jder the necessities for an increased naval force on this station, to gWti udttMence to the people that their rights will be respected. Jt wotild be well for the British government to know the American people of thl^ eoA^t will never sanction any claim they may assert to any other island in I'djl^et Hound than that of Vancouver's, south of the 49th parallel, and east of thu Ciinrtl de Haro ; any attempt at possession by them will be followed by a I desire to assure ^.he department that while there is no one more desirous than myself for an amicabh; settlement of the difficulties raised by the British ftUtiiorities of Vancouver's Island, at this time, I shall use all the means at my eomttinndi to maintain the position I have assumed in regard to San Juan Islanu, hehitf fully convinced that whatever respect and consideration might have been yielded to the statements of a doubtful claim advanced in due form, have been rorfelU'd by the overbearing, insulting, and aggressive conduct Her Majesty's ex»'«Htive officers have displayed, not only towards our citizens, but to the ofAmt t'Ofnmanding our troops at San Juan. 1 fttn, Colonel, very respectfully, your obedient servant, W. S HARNEY, Brigadier General, Commanding, Colonel 8< Coopbr, Adjutant General, Washington City, D. C. ■si 'I 'Ml I' ." ;.^ J*" J/f* 8 a. Fort Steilacoom, W. T., July 31, 1859. CAP'fM'S i I hnve the honor to report that I have despatched the Massachu- nettm tO'dfty with Major Haller's company I, 4th infantry, for San Juan Island. I Kent, nUn, on the same steamer. Lieutenant Shaaff and twenty men, to report fof duty with the Boundary Commission, at Simiahmoo. I hftve directed the acting assistant quartermaster at this post to forward to HrtH Jiirtu the articles which Captain Pickett informed me he required, and whk'h tiould bo spared from this post. I have also directed the steamer to take Jii \ 4 152 ISLAND OP SAN JUAN. from Fort Town«end a small boat and some tarpaulins, which nre much needed at San Juan. I have directed, in case contrary orders are not received from department licadqnnrteri, that the steamer Massachusetts shall stop at Fort Town^end, in returning to this post, on the Slst proximo, (for the muster and inspection of the company,) and take on board all the public property and the detachment of men, and convey them to this post. I directed that one sergeant and two privates be left there until further orders, to take charge of the public quarters and gardens. I have enclosed, for the information of the General, copies of communications which have passed between Captain Pickett and the agent of the Fludson's Bay Company at San Juan, also a note which I received from the captain. Not having been informed of the tenor of Captain Pickett's instructions, I could not, of course, advise him with regard to them. The authorities on the other side are trying to bluff a little, but I do not apprehend anything serious. Very respectfully, your obedient servant, SILAS CASEY, Lieutenant Colonel 9th Infantry, Commanding Post. Captain Alfred Pleasonton, Acting Asssistant Adjutant General Ut S. A., Department of Oregon, Fort Vancouver^ W. 3*. [Enclosures. ] 1. Captain Pickett to Colonel Casey, July 30. 2. Mr. Oriffin to Captain Pickett, July 30. 3. Captain Pickett to Mr. Griffin, July 30. 8 a 1. Military Camp, San Juan Island, W. T., July 30, 1859. Mv Dear CoLonkl : I have the honor to enclose you some notes which passed this morning between the Hudson's Bay authorities and myself. From tlie threatening attitude of affairs at present, I deem it my duty to request that the MaiiHachusettti may be sent at once to this point. I do not know that any actual coIlii$ion will take place, but it is not comfortable to be lying within range of a couple of war steamers. The Tribune, a 30-guu frigate, is lying broadside to our camp, and from present indications everything leads me to suppose that thev will attempt to prevent my carrying out my instructions. If you have any boats to spare I should be happy to get one at least. The only whale-boat we had was, most unfortunately, staved on the day of our de- parture. We will be very much in want of some tools and camp equipage. I have not the time, colonel, to make out the proper requisition, but if your quartermaster can Ht'tid xtti some of these articles it will be of great service. I am, sir, in haste, very truly, your obedient servant. G. E. PICKETT, Captain 9th Infantry. Lieutenant Colonel 8. Casey, Ninth Infantry, Commanding Fort Steilacoom, W. T. V. S — The Shubrick has rendered us eveiy assistance in her power, and I r.-a much indebted for the kindness of officers. ISLAND OF SAN JUAN. 153 6 a 2. Bbllbvub Farm, San Juan, July 30, 1859. Sir: I bave the honor to inform you that the island of San Juan, on which your camp is pitched, is the property and in the occupation of the Hudson's Bay Company, and to request that you and the whole of the party who have landed from the American vessels will immediately cease to occupy the same. Should you be unwilling to comply with my request, I feel bound to apply to the civil authorities. Awaiting your reply, I have the honor to be, sir, your obedient servant, CHAS. JNO. GRIFFIN, Agent Hudson's Bay Company. Captain Pickett, 8fc., Sfc., 8fc, 8 a 3. Military Camp, San Juan, W. T., July 30, 1859. Sir: Your communication of this instant has been received. I have to state in reply that I do not acknowledge the right of the Hudson's Bay Company to dictate my course of action. I am here by virtue of an order from my govern- ment, and shall remain till recalled by the same authority. I am, sir, very respectfully, your obedient servant, GEORGE E PICKETT, Ca2ttain 9th U. S. Infantry, Commanding. Mr. Charles J. Griffin, Agent Hudson's Bay Company, San Juan Island, W. T. I 1' m 8d. Military Post, San Juan, W. T., August 3, 10 p. m. Cai'TAIN : I have the honor to report the following circumstances : The British ships the Tribune, the Plumper, and the Satellite are lying here in a menacing attitude. I have been warned off by the Hudson's Bay agent ; then a summons was sent to me to appear before a Mr. De Courcey, an official of Her Britannic Majesty. Tc-day I received the enclosed communications, and I also enclose my answer to same. I had to deal with three captains, and I thought it better to take the brunt of it. They have a force so much superior to mine that it will be merely a mouth- ful for them ; still I have informed them that I am here by order of my com- manding general, and will maintain my position if possible. They wish to have a conjoint occupation of the island ; I decline anything of that kind. They can, if they choose, land at almost any point on the island, and I cannot prevent them. I have used the utmost courtesy and delicacy in my intercourse, and, if it is possible, please inform me at such an early hour as to prevent a collision. The utmost I could expect to-day was to suspend any proceeding till they have time to digest a/«7Z which I gave them. They wish to throw the onus on me, because I refused to allow them to land an equal force, and each of us to have military occupation, thereby wiping out both civil au- thorities. I say I cannot do so until I hear from the General. y^ ..cfn ^!l m ■'I 154 ISLAND OF SAN JUAN. 1 have endeavored to impress them with the idea that my authority comes directly through you from Washington. The " Pleiades" left this morning for San Francisco with Colonel Hawking. The excitement in Victoria and here is tremendous. I supfiose some five hundred p«^ople have visited us. I have had to use a great deal of my peace- making aii il !! 158 ISLAND OF SAN JUAN. of Hor Majofity'8 fillips Tribune, Plumper, and Satellite, now in the harbor of that island by your orders. As the military commander of the Department of Oregon, assigned to that command by the orders of the President of the United States, I have the honor to state, for your information, timt by such authority invested in me I placed a military command upon the island of San Juan to protect the American citizens residing on that inland from the insults and indignities which the British authori* ties of Vancouver's Island and the establishment of the Hudson's Bay Company recently offered them, by sending a British ship-of-war from Vancouver's Island to convey the chief factor of the Hudson's Bay Company to San Juan, for the purpose of seizing an American citizen and forcibly transporting him to Van- couver's Island, to be tried by British laws. I have reported this attempted outrage to my government, and they will doubt- less seek the proper redress from the British government. In the mean time, I have the honor to inform Your Excellency I shall not permit are petition of that insult, and siiall retain a command on San Juan Island to protect its citizens, in the name of the United States, until I receive further orders from my govern- ment. I have the honor to be, very respectfully, your obedient sei'vant, W. S. HARNEY, Brigadier General United States Army, Commanding. His Excellency Jambs Douglas, C. B., Governor of Vancouver's Island, Sfc., Vice-Admiral of the same. 8 e. Headquarters Department of Oregoiv, Fort Vancouver, W. T., August 6, 1859. Captain : The General Commanding instructs me to inform you of the receipt of Governor Douglas's protest to the occupation of San Juan Island, and directs me to enclose a communication, which you will request Captain Hornby, of Her Majesty's ship Tribune, to transmit to Governor Douglas with all convenient despatch. The General approves the course you have pursued, and further directs that no joint occupation or any civil jurisdiction will be permitted on San Juan "i ■' nd by the British authorities under any circumstances. eutenant Colonel Casey is ordered to re-euforce you with his command as Boon as possible. Send Lieutenant Howard to Fort Steilacoom in arrest. I am, Captain, very respectfully, your obedient servant, A. PLEASONTON, Capt. 2nd Dragoons, Acting Asst. Adjt. Gen. Captain George Pickett, dth Injantry, Commanding on San Juan Island, Puget bound, W. T. 8/. HEADaUARTERS DEPARTMENT OK OREGON, Fort Vancouver, W. T., August 7, 1859. Sir : I have the honor to inclose for your information a copy of a proclama- tion of Governor Douglas, the executive officer of Her Britannic Majesty's ISLAND OF SAN JUAN. 159 island of Vancouver, in Paget Sound ; also my reply to this proclamatfon, nn fur aa it affects the rights of Ameiican citizens whose interests liav<> been c in- fided to the protection of my command ; and I desire further to inform you that nt this time I have a company of United States troops in poKseHrtiou of Han Juan Island, to prevent any repetition of the insults that have been offuvad Ut our citizens by the British authorities of Vancouver's [slanu. This company I have ordered to be strongly re-enforced, which the Biitish authorities nave threatened not to permit, but also to remove the present force from the island. This I do not believe they will attempt, but I shall make every effort to meet and frustrate any designs to place such an indignity upon our nag ; and an we have no national vessel belonging to our navy in the waters of Puget Sound to observe the three British vessels of war that have been placed in a tlireut^m' ing attitude over the harbor of San Juan Island, I have the honor to retjueNt you, as the commander of the United States naval forces on the Pacific, to order to Puget Sound such force as you can render available to assist in the pro- tection of American interests in that quarter, and to enable us to meet naeemt^- fully any issue that may be attempted to be made out of the present impcnditig difficulties. This communication is transmitted through Brigadier General Clarke, com- manding Department of California, not having the honor of your acquuintaticc or a knowledge of your station. I shall forward immediately a copy of this letter to the Secretary of War, for the information of the President. I am, sir, with high regard, your obedient servant, W. S. HARNEY, Brigadier General U. S. A., Commanding. The Sbmor OpprcER of the United States Navy Commanding Squadron on the Pacific Coast, •Sm ■ !':■ ^ eg. Hradquarters Department of Oreoox, Fort Vancouver, W. T., August 7, 1859. General : I have the honor to inclose a communication for the senior officer of the navy commanding on the Pacific coast, in which I have requested a. force from his command, to be stationed on Puget Sound, to observe the British men-of-war that are assuming a threatening attitude towards a company of in- fantry I have placed on San Juan Island. I will thank you, General, to cause this communication to be transmitted to the proper officer of the navy at your earliest opportunity, as speedy action on his part will do much to allay the excitement which is fast spreading among our people at the overbearing conduct of the British authorities. I enclose for your information copies of Governor Douglas's proclamation, and my reply to the same. I enclose, also, an important communication for the Adjutant General, which should reach him as early as possible ; perhaps an express line would be more certain and speedy than the mail. I am, General, with high respect, your obedient servant, W.S. HARNEY, Brigadier General, Commanding, Brigadier General N. S. Clarke, Commanding Department of California, San Francisco, California, ■A, ,( \-\ 160 m ISLAND OF SAN JUAN. 9. General Harney to the Adjutant General. Hbadquartehs Department of Oregon, Fort Vancouver, W. T., August 8, 1859. CoLOXEi, : In connection with my report of yesterday's date, I desire, to state that the island of San Juan has for months past been under the civil jurisdiction of Whatcom County, Washington Territory — a justice of the peace had been gtablished on the island — the people had been tuxed by the county, and the taxes were paid by the foreigners as well as Americans. An inspector of customs, a United States officer of the Treasury Department, had been placed upon the island in the discharge of his proper duties. The British authorities at Van- couver's Island were aware of all of these facts, and never attempted to exercise any authority on the island, except clandestinely, as reported yesterday in the case of the pig which was killed. When Governor Douglas heard of the arrival of Captain Pickett's command at San Juan, he appointed a justice of the peace and other civil authorities at Victoria, and sent them over in the British ship-of-war Plumper to execute British laws in the island. Captain Pickett refused to permit them to act as such, and I have susiained him in his position. I believe I have now fully anrl fairly explained all the facts which hnve any bearing upon the occupation of San Juan Island, which was made .ii, iijperious necessity by the wanton and insulting conduct of the British authorities of Vancouver's Island towards our citizens. I am, Colonel, very respectfully, your obedient servant, W. S. HARNEY, Brigadier General, Commanding. Colonel S. Coof'RR, Adjutant General United States Army, Washington City, D. C. 10. Mr, Drinkard to General Scott. War DEPARrwENT, Sejitemher 16, 18.59. Sir: The President has been much gratified at the alacrity v.ith which you have '•esponded to his wish that you woulr. proceed to Washington Territory ♦;) assume the immediate command, if necessary, of tha United States forces on the Pacific coast. He has cirec.v! me to call your special attention to the present threatening attitude ol the Bii) ish and American authorities at and near the island of Sa i Juan. The two governmcn^^'? have difiered on the quef'tiun of title to this island under the treaty concluded Htjtween them at Washington on the ISth June, 1846. The decision of this question depends on \»hether the treaty line, in passing "from the middle of the channel, on the 49th parallel of latitude, which separates the continont from Vancouver's Island to Fuca Straits," ought to be run through the Canai de llaro or the Rosario Strait. If through the Canal de Haro, the island belongs to the United States ; but if through the Rosario Strait, to Great Britain. This J : not the proper occasion to discuss the qu(i8tion of title. If il were, it might be shown that all the territory which the American government con- sented to yield, south - 2 t';a 49th parallel of latitude, was the cape of Vancou- ver's Island. The idea liat the treaty intended to give Grreat Britain not only the whole of that large and important island, but a-' the islands south of 40^ in the flvchipelago between the island and the continent, was not, at the time, en- tertaL ed either by the President or Senate of the United States. ISLAND OF SAN JUAN. 161 In order to prevent unfortunate collisions on that remote frontier, pending the dispute, Mr. Marcy, the late Secretary of State, on the 14th of July, 1855, ad- dressed a letter to the honorable Isaac I. Stevens, then governor of Washington Territory, having a special reference to an " apprehended conflict between our citizens and the British subjects on the island of San Juan." In this letter Governor Stevens is instructed "that the officers of the Territory should abstain from all acts on the disputed grounds which are calculated to provoke any con- fiict, so far as it can be done without implying the concession to the authorities of Great Britain of an exclusive right over the premises. The title ought to be settled before either party should attempt to exclude the other by force, or exercise complete and exclusive sovereign rights within the fairly disputed limit!?." Three days thereafter, on the 17th July, 1855, Secretary Marcy ad- dressed a note to Mr. Orampton, then the British minister at Washington, com- municating to him the material portion of his letter to Governor Stevens. Copies of both these letters are herewith enclosed. Thus matters stood until General Harney deemed it proper, for the purpose of affording protection to American citizens on the island and the neighboring territo.ies of the United States, to direct Captain George E. Pickett, 9th In- fantry, " to eptaltlish his company on Bellevue, or San Juian Island, in some guitable posit' u near the harbor at the southeastern extremity." At the same time the steaiuer Massachusetts was placed under the orders of Lieutenant Col- onel Silas CuH»y, 9th infantry, " for the better protection and supervision of the waters of Puget Sound," with instructions to co-operate with Captain Pickett. These instructions were promptly executed. Captain Pickett immediately pro- ceeded to the island with hs company and established a military post at its soutlieastern extremity. It is unnecessary for me to compile for yoa, from the papers in the Depart- ment, a statement of the condition of affairs in and near the island of San Juan, because you will be furnished with copies of all these papers. I would refVr you (^specially to the two despatches of General Harney, dated July 19 and AugUHt 7 ; arufl to my despatch to him of the 3d instant, in reply to his of the 19th July. Sutttce it to r* ly that they present a condition of affairs demanding the serious attention of this government. It is iu,j)ossible, at this distance from tu'i scene, and in ignorance of tvliat may have already tn'.nspired on the spot, to give you positive instruction,ri as to your course of action. Much, very much, must be left to your own discretion, and the President is happy to btdieve that discretion could not be intrusted to mere competent hands. His main object is to preserve the peace and prevent collision between the British and American authorities on the inland until the question of title cr.ii be adjusted by the two governments. Following out thj spirit of Mr. Marcy's instructions to Governor Stevens, it would be desirable to provide, during the intervening period, fora joint occupation of the island, under such guards as will secure its tranquillity without interfering with our rij^lits. The President perceives no objection to the plan proposed by Captain Hornby, of Her Majesty's ship Tribune, to Captain Pickett; it being understood th^it Captain Pickett's company shall remain on the island to resist, if need be, the incursions of northern Indians on our frontier settlements, and to afford protec- tion to American citizens resident thereon. In any arrangement which may be made for joint occupation, American citizens must be placed on a footing equally favorable with that of British subjects. But what shall be your course should the forces j( the two governments have come into collision before your arrival '( This would vastly complicate the case, especially if blood 8hfl.ll hav. 11 11 b. Camp Pickett, San Juan Island, W. T., August 18, 1859. Captain : I have the honor to report that, in obedience to orders received from Department headquarters, I left Fort Steilacoom on the steamer Julia, on the 9ih instant, (the morning after the -receipt of the order,) with my command. In a short; time after leaving we were met by the steamer Active, on her way to Fort Steilacoom, for the purpose of communicating to me the state of affairs on the island. I was strongly and solemnly advised by Captain Alden, in view of the momentous consequences that might arise, not to land any troops on the island, as this would be prevented by the British steamship-of war Tribune, who, with her fires constantly kept up, was lying with her broadside on the landing. Although fully appreciating the terrible consequences of a hostile collision with our quasi enemy, which would probably be no less than involving two great nations in war, I did not, under tlie circumstances, however, consider my- self at liberty to disregard my orders, and accordingly resolved to land under the guns of the frigate. The commencing hostilities should be on their side. We left Port Townsend about 12 o'clock the night of the 9th, expecting to reach Snu Juan early on the morning of the lOth. The fog, however, came up so dense that we did not make the island of San Juan until about 7 o'clock the morning of the 10th. After hugging the shore for a few miles, I was informed by the captain that we wore but a sliort distance from Captain Pickett's camp, and that it was difficult to get along on account of the fog, and that, moreover, the tide was so low that he would not have been able to have gotten up to the wharf at the landing for several hours. Finding ourselves a smooth place near the land, with the coast so depressed at the point as to make the ascent from the shore easy, I lauded the troops and howitzers, witli orders to the senior officer to move them to Captain Pickett's camp. I proceeded on the steamer around to the wharf, taking with me my adjutant and a small guard for the howit2ser ammunition and other public prop- erty. I found the Tribune lying as has been described. They did not interfere with the landing of our freight. Whether they wonld have int';rfered with the landing of the troops I cannot say. It is Captain Pickett's opinion that they would. Before I had landed from the steamer I received a message from Captain Pickett, by one of his officers, requesting my presence at once in camp. The captain pointed out to me a British war steamer, ascertained afterwards to be the Satellite, which he was under the impression was about taking a position to shell the camp. The camp is situated on a narrow neck of land opposite to the harbor, and distant about two-thirds of a mile. The Tribune, lying in the harbor, has on board several hundred men, composed of marines, royal artillery, and sappers and miners. He expected the land attack from the harbor side, and was prepared to fire upon them with his howitzers and then spike them, deliver his fire with his musketry, and retreat to the woods. Not having time to form any well considered plan of my own with regard to the state of affaira, 1 did not countermand the directions that Captain Pickett had given. Seeing the danger of a collision at any moment, which would inevitably lead to war between two mighty nations connected by so many common bonds, and whichever way it might terminate would be eminently disastrous to the oiiihc of civilization and the interests of humanity, I resolved to make an attempt to prevent so great a calamity. I sent an officer aboard the Tribune with a requeut ISLiMO OF SAN JUiN. 165 tl)At Cftptaln Hornby, the commaader, would call on me at my camp for the furem^ of a conference. Th@ tne^iage returned to me by Captain Hornby was that he was much en- eA|;@4 At (fiAt time, and would come if he could conveniently, but would be iiAppy to ifie me on board his vessel. However, in a few hours the captain came, A««o»pAnle(l by Captain Prevost, the British, and Mr. Campbell, the United S(At^« eomtfljssloiier. I lnfi*rm«d Captain Hornby that T had landed that morning with a force of Uftil^d Hhiteti troops, and explained to him the reason why I had not landed at the whftff, tinder the guns of the frigate. I also said to him that I regretted tliAt dAptain Pickett had been so much harassed and threatened in the position 1)6 ItAd tieennkd. I ffuittlfca of Captain Hornby who the officer highest in command was, and wbePW m was to be found. He said it was Admiral Baynes, and that he was theft ©ft board the flag-ship Ganges, in Esquimault harbor I intimated a wish tojiAve n conference with the Admiral, and that 1 would go down to Etiquimault the flCXf. day for the purpose of the interview. Both the captain and the British eomm\ti»iotn:r seemed pleased. The next day, accompanied by Captain Pickett (both (tt U« in full uniform) and Mr. Campbell, I went down to Esquimault on tli« nUmmet Shubrick. We anchored near the Ganges, and I sent to the Admi- ffAf fey fttt officer, the note marked A. I received in reply the note marked B. The note marked C was taken on board by Captain Pickett and handed to the A4fn{ral In person. The Captain was courteously received by the Admiral. Gov- ertior Douglas was present in the cabin. After reading the note the Admiral handed it to the Governor. The Governor inquired if I knew he was on board the ibip. The Captain replied that he had no reason to suppose I did, but that I bad not sought an interview with him, but with the Admiral. Tiie Captain inf'irmf'A the Admiral that the steamer was ^hen firing up, but that I would be bAppy to wait should he then decide to give me the conference. It was declined, but the Admiral reiterated his desire that he would be happy to see me on board the nU\p, 1 was of the opinion that I had carried etiquette far enough in going twenty'five miles to see a gentleman who was disinclined to come one hundred yAr4« to see me. The proposition which I intended to have made the Admiral was this : to calm the fUUi^ excitement on both sides among the people, and to give time for the UiUmlionn of the home government to be made known in regard to the matter. I Int^rndcd to propose that in case he, the Admiral, would pass his word on honor tbAt MO threats should be made or molestation given by the force under his com- WAnd for the purpose of preventing Captain Pickett from carrying out the orders ttttd \mtrti(it\onn with which he is intruftod, I would recommend to the Com- mnuAUtji^ ( ictwrnl the withdrawal of the re-inforcement which had landed on tlie iiilAtid tiwU'.r my command, and that affairs should so remain until the sovereign Aittborities should announce their intentions. I have so far had no further in*er- muim with any of the officers of the fleet. Lieutenant Kellogg, 3d artillery, bwfng rtt Fort Sfciilacoom on the reception of your order, I directed him to ac- mmm»y me in charge of the artillery. I trust that, under the circumstances, tb« lU'twral Commanding will approve my course in the matter. Tb(! Massachusetts arrived to-day, with Major Haller's command on board. luAsmtich AS most of the subsistence stores here are spoiled, having been dam- »ii;t'i\ uti board the Massachusetts before she landed them at Bellingham Pay, Aiid the Articles of the quartermaster's department being required, I shall direct the MAssflcluisetts to proceed, as soon as the guns can be landed, to Fort lown- mu\, Atid trtke from there all the public property, leaving a sergeant and t.vo or three privates to take care of the buildings and garden. I btelose a list of the ships and men which the British have in this vicinity. I would advise that (he General send an officer express to San Francisco, re* 1 '^ 1 m ' T' ^r^ ' »') ;.-1' li ;i'% I 1< J : f k '^ vfV I 166 ISLAND OP SAN JUAN. questing the Naval captain in command to send up any ships of war he may luive on tin; coaet. It is not pleasant to be at the mercy of any one who is liable lit any moment to become yonr open enemy. The British have a sufficient naval forcfi horo to effectually blockade this island when they choose. I do not know what tlu! intentions of the British naval authorities with respect to this island are. I «linll resist any attack they may make upon my position. I request that five full companies of regular troops, with an officer of engineers and a detachment of sappers, be sent here as soon as possible. Let Lieutenant Kel- logg'H be one of tiie companies. I have enclosed copies of communications from Major Hallorwith regard to his operations with the Indians. I think the Major cxerciMed a commendable enterprise in his operations, and that there will'be no further difficulty. Very respectfully, your obedient servant, SILAS CASEY, Lieutenant Colonel 9th Infantry. Captain Alfred Pleasoxton, Acting Aasistant Adjutant General, Fort Vancouver, W. T [Inclosures.] 1. Colonel Casey to Admiral Baynes, August 11. 8, Admiral Baynes to Colonel Casey, August 11. 3, Colonel Casey to Admiral Baynes, August 11. 4, Statement of British forces at San Juan. 11 b l.—A. United States Steamer Shubrick, Esquimault Harbor, W. T., August 11, 1859. Lieutenant Colonel Casey, United States Army, commanding the forces on Ban tluan Island, presents his compliments to Admiral Baynes, commanding Her Mritannic Majesty's naval forces on the Pacific coast, and would be happy to HMM't th(! Admiral in conference on board the United States steamer Shubrick, in the harbor, at his earliest convenience. 11 b 2.— B. "Ganges," Esquimault, W. T., August 11, 1859. R(!ar-Admiral Baynes presents his compliments to Lieutenant Colonel Casey, and r«'gretM that circumstJiuees prevent him doing himself the honor of meeting Lieutenant Colonel Casey on board the Shubrick. But Rear-Admiral Baynes will hav-r verbally to me when I had the pleasure of seeing you at Victoria last month ; for a few words from me would, I am sure, have removed from your mind any erroneous impressions, and you would have ascerttiinud personally from me how anxious I have ever been to co-operate to the utmost of my power with the officers of the United States government in any measures which might be mutually beneficial to the citizens of the two countries. 10. Having given you a distinct and emphatic denial of the circumstances which you allege induced you to occupy the island of San Juan with United States troops ; having shown you that the reasons you assign do not exist, and having endeavored to assure you of my readiness on all occasions to act for the protection of American citizens and for the promotion of tlieir welfare, I must call upon you, sir, if not as a matter of right, at least as a mutter of justice and of humanity, to withdraw the troops now quartered upon the island of San Juan, for those troops are not required for the protection of American citizens against British authorities, and the continuance of those troops upon an island the sovereignty of which is in dispute, not only is a marked discourtesy to a friendly government, but complicates to an undue degree the settlement in an amicable manner of the question of sovereignty, and is also calculated to pro- voke a collision between the military forces of two friendly nations in a distant part of the world. I have the honor to be, sir, your most obedient servant, JAMES DOUGLAS. Brigadier General W. S. Harnev, Commanding the Troops in the Department of Oregon. ;t ISLAND OF SAN JUAN. 178 Hbauuuartrrs Dbpartmrnt op Orrook, Fort Vancouver, W. T., August 24, 1850. Sir : T have the honor to acknowledge the receipt of your eoromunicAtfon of the 13th instant, which came to me hy mail this morning. The copy of Mr. Marcy's despatch of the 17th July, 1855, to Her Majesty's minister at Waih* ington, stated to be in your communication enclosed, was not received. Thi»» I presume, was an accidental omission in the transmission of your letter. It was with pleasure I received from your excellency a prompt disavowal of any intention on the part of the British authorities of Vancouver's Island to commit any a^^gression upon the rights of American citizens residing on Hun Juan Island, and I desire to communicate to you that I sliall forward this despatch by the Arst opportunity to the President of the United States, to enable him to consider it in connection with all the facts duly reported to him attending the occupation of San Juan Island by a portion of the troopo uod^tr my command. Your excellency has been pleased to express how anxious you have ever been to co-operate with the officers of the United States government in any measures which might be mutually beneficial to the citizens of the two conn* tries, and your regret is signified that communication with you on the sntject of the occupation of San Juan Island had not been sought during niy late agreeable visit to your excellency at Victoria. I beg to offer in reply that I have cordially reciprocated the sentiments of friendship and good will you have manifested towards American iiiter* brow. The reply to the message was then read. Mr. Yates agreed with a part of the address, but could not understand why the honorable speaker iiad said in it that the time to land troops has gone by. My motion i>* to learn wliy they were not landed. The time to land tliem was when there was no danger of blooJ being shed. Now, perhaps, the case is different. Mr. Pemberton. I am not sure that the time to land troops has gone by. If it has not, I recommend His Excellency to land thom. That }>ortion of the address in relation to militia I would leave out. If wear?ked the home govern- ment for arms for the militia, they would be likely to send us some old muskets from the Tower 150 years old. No allusion has been made to Biiti.-ili subjects occupying the island. I thinl. ^ necessary. Mr. Speaker. I think there was a council on board the flag-ship. His Excel- lency was present. Negotiation was the object, perhaps, as American officijrs had arrived on the Shubrick. I would not hold any negotiations with so dis- honorable a man as Campbell. I have not said unythiiij^- in the address about San Jnaji as the key to British Columbia. I lisave that to His Excellency. Mr. Yates preferred negotiation to war. I believe the powers that be have been too slow, and put the Governor in a ftilse po'»ition. My motion is to learn who is to blame. Mr. Pemberton believed a few soldiers, if supported by a man-of-war, could land witiiout danger of collision. Mr. M ;Kay was favorable to landing troops at all hazards. Mr. Speaker had no dfmbt the naval otlicers had said : " N-o-w, Mr. Pick-ett, will you- al-low-'US to land?" Mr. Pemberton thought the colony would be benefited by the difficulty. A .¥ ;*£' fi Id ■ ¥ H ■:.' s ^, 176 ISLAND OF SAN JUAN. large naval station would be built here, and everytliiiig would be removed from Valparaiso. Mr. Speaker thought the honorable member very patriotic in taking such an interested view of the question. He cared nothing for the paltry local advan- tages. It is a national question, and in that light alone he looked at it. Mr. Pemberton proposed the occupation of Lopez Island by British troops. After some amendments to the address, the following to the governor's mes- sage was then adopted : ADDRESS. The House acknowledges the receipt of your excellency's communication of the 3d instant relating to the clandestine invasion of San Juan Island by United States troops, and the steps to be adopted in relation thereto. Since that communication it is well known that additional forces have been landed. The House would therefore inquire why the British forces were not landed to assert our just right to the island in question, and to uphold the honor of our country and our Queen. The House would most urgently impress upon your excellency to enforce upon Her Majesty's government the necessity of demanding from the government of the United States not only immediate withdrawal of those troops, but also stren- uously and at all risks to maintain her right to the island in question, and nUn to all other islands in the same archipelago, now so clandestinely, dishonorably, and dishonestly invaded. It is not for our country to be wantonly and insolently insulted, but redress must be demanded. The weakness of the colony is its greatest danger, and, at the same time, an inducement for the repetition of similar offences by similar persons. Let it, therefore, be urged upon Her Majesty's government that sending oui colonicit:! rapidly from Great Britain is the surest way, not only of maintaiiiing peace, but of preserving intact Her Majesty's possessions. Coupled with this, tiie lloii.'^e would propose that free and liberal grants of land be given to such eiri'^'-auts alter settling thereon for a certain time. M '■. 12 e. [From the *' British Colonist," Victoria, August 17, 1851).] WHY WEKB \OT TROOPS LA.NDKD AT SAN JUAN? On our fir.>}t page will be found the assembly debate on the Governor's mcs- fcfl^f in relation to landing floldi<;rs on San Juan. From the s^everc stricture-* pa«i»<'d on our naval officers by the speaker, who is taken as the exponent of tlio goveninicnt, it Is evident that a serious difference of opinion as to our policy exists between the naval and civil authorities. It is difficult to imagine how .■*() high an official could use such language except from information derived tVnui official sources ; and it is still more difficult to believe, as suggested by the cliair- man during debate, that the naval authorities had refused to land when they hud no discretionary instructions. If they had full instructions to land, the unen- viable position of the government, since the publication of the message, is justly chargeable to them, if, on the other hand, they were governed by discretionary instructions, the charges agaitist the commanders of Her Majesty's ships fur equivocal conduct isjui^tly reprehensible. No future explanation, however, can explain away the palpable inference which will be drawn from thelanguigu used in debate. ISLAND OF SAN JUAN. 177 An error has been committed by somebody. Either the Administration should have been satisfied with a pacific policy, manifested by serving the United States authorities with a formal protest or an assertion of our sovereignty in the first place, and then have allowed the matter to rest till despatches were received from the imperial government, or it should at once have landed troops on the island, without making such a display of force or asking permission. We con- fess that we are not disposed to accept peace at any price ; for if that were the case, cowardice would be the safest policy. We do, however, concur with the opinion expressed in the message that our forces should have been landed. The Americans took the ground tliat their citizens required protection, and that they landed troops with that object. Now, in order to protect British subjects on ■ the island, we also should have done the same. Then our position would have been exactly similar to theirs. On this high ground, had bloodshed followed, we could have appealed to the world, with right on our side, certain of a verdict in our favor. As it is, the Americans have been allowed to strengthen their forces with men, munitions of war, and settlers, and actually occupy private property long in the possession of British subjects, whilst we, apparently divided in our councils, have made a grand and useless parade, and done nothing but render ourselves ridiculous. Whoever are the parties, or whatever are the causes why a vigorous and firm policy has not been pursued, it is certain an explanation is due to account for the charges made against the naval forces in our waters. In the mean time some action ought to be taken by the people to show the deep interest we have in San Juan, and that we are determined to protect our fellow-subjects on the islands. In addition, it is necessary to arouse our sister colonies to the importance of the island to British America, and show to the imperial government the necessity of holding the island to guard the overland transit from Great Britain to her Asiatic dependencies. It matters not what may or may not have been said by British or American statesmen in relation to the reputed claims to Canal de Haro or Rosario Strait. We are forced .to abide by the treaty. If the United States knew all about Canal de Haro at the time of the treaty, and that the line was deflected from the 49th parallel, so as not to divide the sovereignty of this island, then why was it not named as the boundary ? On the other hand, had Rosario Strait been thoroughly known and fixed on as the channel by the negotiants, it would have been in the treaty. Finding neither one nor the other there ; finding no ship channel or main channel named in the treaty, but finding four channels leading north from the Straits of Fucm. and that the only channel named in the treaty is that which separates the continent from this island, we see no way for a pacific adjustment, except making Washington Channel, between !*an Juan and L(*pez, the boundary. That we justly claim. h-T li m y 13. General Ilarnei/ to the Adjutant General. IlKAnaiiARTRKs Dki'artmkxi' of Oreoo\, Fort Vancourer, W. T, August 29, 1859. Coi.onkl: I have the Iionor to encl()!»e a copy of Mr. Marcy's despatch,* ret'ern'd to in Oc^erner Douglas's communication to me of the 13th instant, which was received on the night of ri)"' 27tli instan:., with a note from William A.G. Young, esq.. Acting Colonial Secretary, a copy of the same being also en- clof« of two reports from Lieutenant Colonel Casey, 9th infantry, commanding on i^nn Jttnn Island. Tbe>'t to you of the 18th instant. 'V\m nutiiber of troops forming Colonel Casey's command at this time is as follows i (^omprttilea A and C, 4th infantry, and H of the 9th 139 U«fti)mnJe« A, B, D, and M, of 3d artillery 181 (imn\mtty t), 9th infantry , 66 Cim\ii%uy I, 4th infantry '. 64 UiitfU'liioeiit of company A, engineers 11 Aggregate 461 BeKl(1e« this force, Colonel Casey has with him eight 32-pouuders, -vluch I ordered lo be taken from the steamer Massachusetts. 'I'lie rttrnnunition for these guns consists of round shot — grape and canister. Gn\HiiUi J'ickeit's company took with them to the island one 6-pounder and two m'»tii(l«jii howitzers, and Colonel Casey's command from Steilacoom increased llMit mininr by three mountain howitzers. Tlt)(* eofriinand is busily engaged placing its position under intrenchment, rttld Una b«:»,'■■ '■uki % if 182 ISLAND OF SAN JUAN. of our citizens on San Juan IslancI, which was charged to the British authorities and the Hudson's Bay Company of Vancouver's Island, in my communication to Governor Douglas of the 6th of August. The affidavit of Lyman A. Cutler, the person upon whom the outrage was attempted nf being taken by force to Victoria for trial by British laws, fully and completely refutes the denial of Governor Douglas, transmitted in his commu- nication of the 13th of August, a copy of which has been sent to you. * * :|( * i(< :|c :)( The want of propriety and good faith on the part of the British officials is so apparent) in the course pursued by them towards ourselves in the matter of San Juan Island, as to have forc«Hl Governor Douglas into a flimsy evasion of the fact« which so strongly condemn them, and it is not surprising that Governor Douglas should attempt to throw discredit upon my action in the occupation of San Juan after being compromised by conduct he dares not acknowledge. Governor Douglas spe.iks of the Hudson's Bay Company establishment as one of no signihcance or respoifsibility, and that its acts are no more to be con- sidered than those of any other of the inhabitants of Vancouver's Island. In the face of such a statement I consider it my duty to inform the General-in-chief that this insignificant company has a positive military organization, with a dis- cipline exceeding in rigor that of our own soi-vice. The forts of this company on this coa!r.t are armed with guns of much heavier calibre than any we possess, and in its service are steamers that can readily be applied to war purposes. The authorities of this Company have boldly claimed the exclusive ownership of San Juan Island, warning the United States officer. Captain Pickett, from the island, and tlireaten'ng him, at the same time, with the civil authorities if he did not obey. This was reported in my communication of the 7th of August to the Adiutant General, and accompanying reports of Captain Pickett, copies of which have been fnrnished your office. This is the establishment whose acts Governor Doufxlas cnlls upon us to ignore, but which lie carefully supports in its aggres- sions by both the civil and naval forces under his orders. I trust the British government will see how useless it will be for them to attempt to maintain a course of conduct that exposes them to the reflection of having used unworthy means to obtain that to which they have no claim, and showing tlie Hudson's Bay Company to be a willing cat for extracting the chestnuts^ from the fire. I am, air, very respectfully, your obedient servant, W. S. HARNEY, Brigadier General Commanding. Assistant AnjuTANT Gbnbral, Head(£uarters of the Army, New York City. 16 a. Washwgtun Territory, Whatcom County: fhi this 7th day of September, A. D. 1859, appeared before the undersigned, a notary public in and for said county, Paul K. Hubbs, jr., who, being duly sworn, on iiis oatli deposes and says : That he hud an interview witli General Harney while on his visit to this island, and stated to the General that there had been some trouble between one of the American settlers and some of the officers of the Hudson's Bay Comi)any. Upon being asked by the General the cause of the trouble, hf said that a short time since Mr Cutler, one of our citizens, had fchot a hog belonging to the said Company, and immediately went to Mr. Griffin, the superintendent, and offered to pay for the hog. Mr. Griffin became enraged, ISLAND OF SAN JUAN. 183 and declared that the Amencans were a pack of intruders, and said that he was a fool for ever allowing a United States inspector of customs to come ou the island. In the afternoon of the same day the Hudson's Bay Company's steamer Beaver arrived from Victoria with Mr. Dallas, a director of the Hudson's Bay Company, Dr. Tolmie, a chief factor, and some other parties, who, after holding an interview with Mr. GriiBn, called on Mr. Cutler, and used some very threat- ening language, and, among other words, they said that they had a posse on board, and would take him a prisoner and carry him to Victoria for trial. PAUL K. HUBBS, Jr. Subscribed and sworn before me this 7th day of September, 1S.59. HENRY R. CROSBIE, [l. s.] Notary Public. 16 J. Territory of Washington, County of Whatcom: Lyman A. Cutler, being duly sworn, deposes and says : That he has been a resident of San Juan Island since last April, at which time he located one hun- dred and sixty acres of land, agreeably to the pre-emption law, and upon which land he has ever since resided. That on or about the 15th of last June he shot a hog belonging to the Hud- son's Bay Company ; that immediately after so doing he proceeded to the house of the agent of the Hudson's Bay Company ou the island, Mr. Griffin, and informed him of the fact, stating that it was done in a moment of irritation, the animal having been at several times a great annoyance, and that morning destroyed a portion of his garden ; he desired to replace it by another, or they could select three men, and whatever valuation they might place on the animal he would at once pay. Mr. Griffin, very much enraged, said the only way it could be settled would be by him (Cutler) paying one hundred dollars. He replied he was astonished both at Mr. Griffin's conduct and his proposal, and left him. Tlie same afternoon Mr. Griffin, in company with three other persons, came to his house. He afterwards learned they were Mr. Dallas, one of the directorij of the Hudson's Bay Company; Dr. Tolmie, a chief factor, and a Mr. Fraser. Mr. Dallas asked him if he was the man that killed the hog ; he answered, yes. Mr. Dallas then, in a very supercilious manner, asked him how lie dared do it. He replied that was not the proper way of talking to him; that he dared do whatever he thought was justifiable, and he had no cause to blame himself in the matter; as soon as he had killed the animal he went to Mr. Griffin and offered to make him a proper reparation — that he was ready to do it then ; had he have chosen to have acted otherwise, he could have said nothing about it, and Mr. Griffin would have never known his loss ; the animal was so worthless he would never have troubled himself about it. Mr. Dallas, in reply, stated this was British soil, and if he. Cutler, did not make the reparation demanded — one hun- dred dollars— he would take him to Victoria; their steamer (the Hudson's Bay Company's steamer Beaver) was in port, and they had a posse at their com- mand. He answered, Mr. Dallas must be either crazy or deem him so, to pay one hundred dollars for an animal that was not worth ten ; and as for taking him to Victoria for trial, that could not be done ; when they brought their posse he would have his friends to resist them ; this was American soil and not Eng- lish ; and whilst he was willing to answer before any American tribunal for what he had done, no English posse or authority should take him before aa English tribunal. Mr. Fraser commenced speaking about its being British soiU &c.; he (Cutler) declined, however, having any conversation with liim on the matter ; he had said all he had to say about it. Dr. Tolmie said nothing. Mr. // 8 *!<■■■■ i, ^4 'm\ 4f 184 ISLAND OF SAN JUAN. Griffin simply asked him if he ever knew him (Griffin) to disturb any of the settlers or iiinult them .' He answered, never before that morning. A« they rode off one of the party remarked, " You will have to answer for this hereafter," or words to thiit purport. Their manner and language were both insulting and threatening. Afterwards, on the 27th of June, the morning Captain Pickett landed, the British steam frigate Satellite arrived and landed Mr. DeCdurcy, who was installed as British magistrate for the island of San Juan, as Ciptain Prevost publicly stated ; at the time he left Victoria nothing was known of the landing of the American troops ; it seemed evident that the magistrate came over for the purpose of apprehending him, (Cutler;) that he understood process was issued by the said DeCourcy to compel his attendance to answer to his charge ; that Captain Gordon, the English coiisLable, with a posse, came to his house during his absence, on or about the 29th or 30th of July ; word was sent to him by Mr. Crosbie, the American magistrate, to come in and place himself under the protection of Captain Pickett ; that he came, staid one day, and returned the next, Captain Pickett having informed him if they attempted in any way to interfere with him to send him word, and he should be protected at all hazards. He is convinced that if troops had, not been on the island he would have been taken by force and carried before an English magistrate. His reason for this belief is based on the fact that the English force on board tlie steam frigates Satellite and Tribune had orders to obey any requisition that Mr. DeCourcy should make on them. LYMAN A. CUTLER. Subscribed and sworn before me this Tth of September, 1859. [l. S.J HEN HIE R. CROSBIE, Notary Public. Port Townsknd, Washington Territory, September 2, 1859. EsTKKMED Sir : 1 find that we have some disappointed or annoyed gentle- men (by the recent movement of General Harney) that are puffing the letter of Governor Douglas in rejdy to that of General Harney. The General, it seenif, did not say in his letter anything relative to the inroads and murders committed by the northern Indians, but confined himself to the immediate subject of grief, that of the threatened taking of an American citizen to Victoria for trial. How beautifully the Governor in his reply " finesses" out of. In substance, he says that " the government did not threaten," &c.. all of which is true theo retically ; but practically, the Hudson's Bay Company, with half a dozen armed steamers, the government governor being the head of the company, and his son- in-law, Mr. Dallas, the chief director and the power that practically moves the Hudson's Bay Company and the governor, did land and go to " the man that shot the boar," and threaten to take him on board their steamer (not the govern- ment steamer, but that of the Hudson's Bay Company) to Victoria ; and finding they (five of them) could not do it, left with a threat to send the Plumper, a British government frigate for him, and, as I am reliably informed, did after- wards put the magistrate on the island, who sent three times after him, every time being watched by our peace officers and posse* with reliance on our gov- ernment officers and men. Very truly, yours, &c., PAUL K. HUBBS. I am not personally acquainted with General Harney, but his timely aid and position taken meets the unbounded admiration of the citizens of this Territory. P. K. H. His Excellency, the President, Jambs Buchanan. ISLAND OF SAN JUAN. 185 17. Governor Gkolson to General Harney. Executive Office, Olympia, Washington Territory, August 21, 1859. Sir : In view of the excited state of a portion of the people (Gov. D. included) on Vancouver's Island, &c., I have thought that a judicious regard for the wel- fare of this Territory and the success of our arms, (should a collision occur,) per- haps, made it my duty to inform you that we have about f 1,000) one thousand of small arms, (850) eight hundred and fifty muskets, orainary, and (loO) one hundred and fifty muskets (rifled,) and (4) four twelve-pound mountain how- itzers, and that for none of these have we a shot, shell, or cartridge. Permit me to say. General, that as we shall be wholly dependent upon your orders for a supply, (if I correctly understand the regulations of the War De- partment,) 1 shall be pleased (either now or at such time as your discretion may direct) to receive whatever supplies you may think proper to order to this place. I have the honor to be, General, your most obedient servant, . R. D. GHOLSON, Govrnor of Washington Territory. Brigadier General W. S Harney, Headquarters Dejmrtment of Oregon. [ludorsement. ] Headuuartbrs Department of Oregon, Fort Vancouver, W. T., September 19, 1859. Respectfully forwarded for the information of the General-in-chief, who is notified that eighty-five thousand rounds of ordinary musket ammunition, fifteen thousand of rifled-musket, and two thousand rounds of mountain howitzer am- munition has been placed at Fort Steilacoom, subject to the requibition of Gov- ernor Gholson, in case of an emergency. W. S. HARNEY. Brigadier General Commanding. ,X T m ,M^ Hi^-^. "1^ ../.'? 18. General Harney to Mr, Floyd. Headquarters Department of Oregon, Fort Vancouver, W. T, October 10, 1859. Sir : I have the honor to. acknowledge the receipt of your communication of the 3d of September last, transmitting the views of the President of the United States in reference to the military occupation of San Juan or Bellevue Island, as reported in my despatch of the 19th of July last, addressed to the General -iu- chief. Since the date of that despatch other events have transpired, which are con- clusive in showing the intentions of the colonial authorities of Great Britain were dirt '.ted towards assuming a positive jurisdiction over the island of San Juan. Thirtc occurrences have all been reported in a regular course of corres- ponden e to the General-in-chief, duplicates having been transmitted to the Adjutant Ged a wilful false- hood upon the authorities of a friendly nation to advance the sinister designs of the British government in obtaining territory that rightfully belongs to the United States. Is it too much to suppose they would be guilty of like conduct should they be permitted to assume a position in which it would aid their purposes 1 I am, sir, very respectfully, your obedient servant, W S. HARNEY, Brigadier General Commanding. The Assistant Adjutant General, Headquarten ri the Army, Poit Townsend, Pugct Sound, W. T. 22 a. Fort Vancouver, W. T., October 28, 1859. Captain : In my communication of the 12th August, from San Juan Island, narrating the events which had transpired on that island, from the time of my arri- val with a re-enforcement of three companies of infantry from Fort Stcilacoom, it ISLAND OF SAN JUAN. 191 will be seen that I had requested an interview with Rear- Admiral Baynes, com- manding Her Britannic Majesty's fleet on the Pacific coast. As I did not in that communication state the principal reason which governed me in not pro- ceeding to the frag-ship Ganges, for the purpose of having an interview with the Admii al on board that ship, in the harbor of Esc^uimault, I have thought it due to myself that that reason should be made known to the General commandinf; the department, and I would respectfully request that the following be considered a part of my communication of the 12th August. 1 859, viz : Soon after my conference with C'aptain Hornby, 1 was informed by Mr Campbell, the United States commissioner, that Rear-Admiral Baynes w.is actually on board the British steamship Tribune, in the harbor of San Juan Island, at the very time I was informed by Captain Hornby, in the presence of the British and American commissioners, tliat the Admiral was at Esquimault harbor, twenty-five miles distant. I was somewhat astonished at this, and considered that I had not been dealt by with that openness and candor which the object to be brought about seemed to demand. I resolved, notwithstanding this, to comply with my promise to meet the Admiral at Esquimault harbor ; but knowing wh-it I did, thought it not incum- bent on me to repair on board the Ganges, for the purpose of the contemplated interview. Very respectfully^ your obedient servant, SILAS CASEY, Lieutenant Colonel 9th Infantry, Commanding on San Juan. Captain A. Plbasonton, Acting Assistant Adjutant General, Department of Oregon, Fort Vancouver, W. T» 23. General Scott to Mr. Floyd. Hbaduuakters op the Armv, At Sea, December 8, 1859. Sir: After the despatch of October 26, by Lieutenant Colonel Thomas to the Adjutant General, I had no opportunity of communicating with the Depart- ment beforp the steamer from San Francisco of the 21st ultimo, and in her I embarked for home. This letter will be accompanied by copies of my correspondence and orders on the subject of the island of San Juan, while I was on the Pacific coast, viz : 1. My communication to Governor Douglas, October 25. Hasty memorandum by Lieutenant Colonel Lay, October 26. LCoples were communicated by Lieutenant Colonel Thomas's despatch ] 3. Governor Douglas to me, October 29. 4. My Itter to Governor Douglas, November 2; and 5. Project of a temporary settlement, November 2. 6. Governor Douglas to me, November 3. 7. My letter to Governor Douglas, November 5. 8. My special orders — sending troops from San Juan, November 5. 9. Goveriipr Douglas to me, November 7. 10. The same, enclosing deposition, &c., November 7. 11. My letter to Governor Douglas, November 9. 12. Extract of instructions to General Harney, November 9 ; and 13. Extract of instructions to Captain Hunt furnished Govornor Douglas, November 9. J 3 192 ISLAND OF SAN JUAN. 14. Lieutenant Colonel Thomns to Captain Hunt, November 9. 15. Lieutenant Colonel Thomas to Lieutenant Colonel Casey, November 9. 16. Lieutenant Colonel Thomas to General Harney, November 9. 17. My letter to General Harney, November 15. 18. Special order, November 15. It will be seen that the British governor having assured me that he enter- tained no design of attempting the dislodgment by force of our troops from the disputed island, I immediately, in order to take from our position every sem- blance of hostility or menace, took measures to reduce that force to a single company of infantry, with its proper arms only, (for the protection of American settlers,) with the understanding that, in the same spirit, one of the vessels of war (the larger) in the harbor of San Juan would also be sent off at an earlv day. And here it is proper to remark that, from the beginning of the recent diffi- culties, there has virtually been a joint occupation of the island, by our troops in tho land, and by one or more British vessels of war in the harbor. I have the honor to be, sir, with high respect, your obedient servant, WINFIELD SCOTT. Hon. John B. Floyd, Secretary of War. > I li 23 a. Headquarters of the Armv. Fort Toumsend, October 25, 1859. The undersigned. Lieutenant General and Commanding in chief the Army of the United States, having been drawn to this frontier by the apprehension of some untoward collision of arms between the forces of the United States and those of Great Britain in and about the island of San Juan, the sovereignty of which is claimed by both nations, does not hesitate, in the. great interests of peace, assumed to be as important to one party as to the other, at once to submit for the consideration of His Excellency the following proposition, to serve as a basis for the temporary adjustment of any present difficulty, until the two governments shall have time to settle the question of title diplomatically. Without prejudice to the claim of either nation to the sovereignty of the entire island of San Juan, now in dispute, it is proposed that each shall occupy a separate portion of the same by a detachment of infantry, riflemen, or marines, not exceeding one hundred men, with their appropriate arms only, for the equal protection of their respective countrymen in their persons and property, and to repel any descent on the piut of hostile Indians. In modification of this basis any suggestion His Excellency may tliink neces- sary, or any addition he may propose, will be respectfully considered by the undersigned. This communication /ill be handed to His Excellency by Lieutenant Colonel Lay, aide-de-camp of the underslgnod, who has the honor to subscribe himself, With high respect, His Excellency's obedient servant, WINFIELD SCOTT. His Excellency James Douglas, Esq., C. B., Governor of the Colony of Vancouver's Island and its Dependencies, and Vice- Admiral of the same. 3 ISLAND OF RAN JUAN. 193 23 b. Hasty Memorandum. Victoria, Vancoijvkb's Islanii, Night of October 80, IS/J9. His Excellency Governor Douglas authorizes me to sav that, having yot hnd no time to consider in detail the proposition offered by Lieutenant &(«n(imi Scott, nor to consult with his official advisers here, he is at a glance satiniicd that no obstacle exists to a completely amicable and satisfactory adjustment) (continuing throughout the period of diplomatic discussion rei^pecting the title to tliu Ifiiand of San Juan,) either upon the plan suggested by General Scott, or NOISO Other that may be mutually agreed to dfter advisement. His Excellency has read this memorandum and retains a copy. G. W. LAY, Lieutenant Colonel U, S, Armj/t 23 c. Victoria, Vancouver's Island, October 8P, 18/50. Sir : I have had the honor of receiving by the hands of Lieutenant (jolonpl Lay your note of the 25th instant, communicatiiig to me the reasons whl«h have drawn you to the frontier of Washington Territory, and, for the great infcwrontH of peace, making a proposition to serve as a basis for the temporary adimitm«nt of the present difficulty, arising out of the occupation of the island of Hail Juan by troops of the United States. 2. In the first place, I beg you will permit me to offer you my warm eon* gratulations upon your arrival in this neighborhood, and the assurance of iny earnest desire to co-operate with you in the moat cordial spirit. I thank you fof the frank and friendly tone which characterizes your note, and I trust you will believe me when I say that if 1 am not able entirely to accede to yonr vlow* it proceeds solely from the necessity which exists under present circumstances that I should take no step which might in the least embarrass the government of llvit Britannic Majesty in any line of action which they might think fit to a,dopt, You have been specially accredited by the government of the United States ttiul I fully appreciate the fact ; but I, on the contrary, am not in possession of the views of Her Majesty's government oa this matter, and, therefore, am no at liberty to anticipate the course they may think fit to pursue. 3. You propose, without prejudice to the claim of either nation to the soyor* eignty of the entire island of San Juan, that each shall occupy a separate por« tion of the same by a detachment of infantry, riflemen, or marines, not exceed" ing one hundred men, with their appropriate arms only, for the eciual protection of their respective countrymen in their persons and property, ana to repel flliv descent on the part of hostile Indians. For the reasons above given yott CAH readily understand, sir, that were I to accede to this proposition I should at oncti be committing Her Majesty's government, and I believe I should at the same time, oa their behalf, be assuming an attitude which I do not think they would now b§ desirous of maintaining. I admit that the protection of the citizens of both Ita* nations who are now resident on the island is a miitter which cannot be overlooked or lightly treated, but the principal protection that may be required is from dis- sensions amongst themselves, and not against hostile Indians, from whom I do not apprehend there is the slightest danger of molestation. 4. I again assure you that I am most cordially disposed to co-operate with you in the frankest manner to assist in removing any and every cause which Ex. Doc. 29 13 .//► 194 ISLAND OF SAN JUAN. might unhappily disturb the particularly satisfactory relationi at tho proHont moment existing between Her Majesty's government and that of tho United States ; and I conceive that that end can bo best attained by replacing matters at San Juan as they were before the landing of the United States troops-— tiiu " status " established on the moderate and conciliatory views laid down by See* retary Marcy's despatch to Governor Stevens, of tho 14th July, 1865. 5. An arrangement on that footing would bring tho whole atfuir to a conclu- sion satisfactory to both parties, and so highly honorable to tho govornmont of the United States that I feel sure it would at once remove any cause of com- plaint which Her Majesty's government might be reasonably expected to entertain. 6. I would therefore submit, for your consideration, that for tho protection of the small British and American population settled on the island thcro should bo a joint civil occupation, composed of the present resident stipendiary magis- trates, with such assistants as may be necessary, and that the military and naval forces, on both sides, be wholly withdrawn. 7. Should it, however, hereafter appear that a military forco is indispensable for protection, I can sue no ol jection to such a force being landed upon San Juan, with such understanding as the British and American authorities may mutually determine upon. 8. It is no doubt, sir, fresh in your recollection that tho sole reason assigned to me by General Harney for the occupation of San Juan was to protect tho citizens of the United States from " insults and indignities " offered them by the British authorities at Vancouver's Island. In my reply I, in the most earnest and emphatic manner, repudiated the aspersion and endeavored to prove to General Harney, that for the cause alleged, there was no necessity for the presence of United States troops on the island of San Juan ; and I therefore begged, for the sake of peace, that he would withdraw the troops. He, how- ever, declined to do so, upon the plea that he had no assurance that American citi!"'ns would continue to be free from molestation from the Britisli authorities. I ft .fideut, sir, that I need not renew to you my assurance that tho British aut!. d in Vancouver's Island have no intention, under existing circumstances, to interfere with any of the citizens of the United States who may be resident upon San Juan, and I therefore anticipate that a consideration of theso facts, together with those before mentioned, will remove any difficulty you may have appre- hended touching the withdrawal of the United States troops from Son Juan, and I earnestly trust will induce yon to entertain with favor tho proposition I have made. 9. I hope, sir, I may have the pleasure of meeting you personally, when minute details could be so much better discussed than by letter ; and it would indeed be a source of gratification to me to have the honor of wulcomitigfo tiio shores of Vancouver's Island an ofHcer so highly distinguished as he whom I now have the honor of addressing, and who, I beg, will allow mo to subscribe myself as his most obedient, humble servant:, JAMES DOUGLAS. Lieutenant General Winfikld Scott, Commanding in Chief the Army of the United Stales. 23 d. HBADaUARTBRS OF THR UNITED STATES ArMV, False Dungeness Harbor , W. T., November 2, 1859. I have the honor to acknowledge your communication of the 29th ultimo, (the receipt of which has been much delayed by winds and fogs,) in reply to mine dated four days earlier. ISLAND OF SAN JUAN. 195 Tt is with regret I learn that the basis for the settlement of the immediate San Juan difficulty I had the honor to submit has not received your acceptance, and that sentiment is deepened at finding myself unable to accept your proposed substitute. We ought not, however, to despair of finding the means of main* taiuing the peace of the frontier till the good sense and good feelings of our governments shall have had time to supervene and directly to dispose of the whole subject of the disputed islaud forever. Your excellency seems to regard the preliminary evacuation of that island by the American troops as a sine qua non to any adjustment of the immediate ques- tion before us. I am sure that at the date of the instructions which brought me hither, and in the anxious interviews between Mr. Secretary Cass and Her Bri- tannic Majesty's minister. Lord Lyons, residing near the government of the United States, no such suggestion was made by his lordship, or it would not only have been communicated to me, but have, in all probability, stopped this mission of peace. You " submit for [ray] consideration that for the protection of the small British and American population settled on the island there should be a joint civil oc- cupation, composed of the present resident stipendiary magistrates, with such assistants as may be necessary, and that the military and naval forces on both sides be wholly withdrawn." It strikes me, as a decisive objection to this basis, that if a magistrate (judge or justice of the peace) could be legally (except by treaty between sovereign powers) established on neutral territory, such functionary could not be subjected to the orders of any officer of the United States army, nor even to the direct control of the President of the United States, though appointed by an Ameri- can territorial governor claiming jurisdiction over the disputed territory, and therefore not to be considered a fit person to be intrusted with matters afiectiug the peace of two great nations. Besides, I have adopted the impression of my countrymen generally on this frontier, that the few citizens settled on the San Juan Island, though, like all other American pioneers, brave and possessed of effective weapons for defence and attack, do in reality stand in need of troops for protection not only against predatory bands of Indians" coming from foreign parts, but also from such bands residing within onr own limits. A marauding descent of this kind was made but a few weeks since upon the village of What- com, in Bellingham Bay, when a small detachment of soldiers was actually sent from the disputed island to protect the villagers against a threatened renewal of the«outrage ! (I am but just returned from that village.) Moved by the foregoing considerations and the spirit of peace which is known to animate our governments, I will respectfully ask your excellency to review yo'ir decision on my original proposition, which, the better to show its prob- able workings 'if adopted, I have somewhat elaborated in the accompanying " Projet of a temporary settlement, Sfc." I am persuaded that, on mature reflec- tion, you will find nothing in it to hurt English pride or to prejudice English interests, but much to soothe past irritations on both sides and to prevent any local conflict. The details of the plan are no doubt susceptible uf improved modifications, but I must candidly say that I do not see how I can positively consent to a change in the principle. Highly appreciating the personal compliments of Your Excellency, and recip- rocating the kind feelings which prompted them, I have the honor to remain, with high consideration, Your Excellency's most obedient servant, WINFIELD SCOTT. His Excellency Jambs Douglas, Esq., 0. B., Governor ofOie Colony of Vancouver's Island and its Dependencies, and Vice-Admiral of the same. M t i .: 1 mi 'At'> M 196 ISLAND OF BAN JUAN. U I I 23 e. Prqjet qfa Temporary Settlement, Sfc, Whereas the ishnd of San Juan, in dispute between the governments of the United States and Great Britain, is now occupied by a detachment of United States troops, protection against Indian incursions having been petitioned for by American citizens, resident thereon, and against such occupation a formal protest has been entered on behalf of Her Britannic Majesty's government by Hi;. Excellency James Douglas, esquire, 0. B., Governor of the Colony of Van- couver's Island and its Dependencies, and Vice-admiral of the same- It is now proposed by Lieutenant General Scott, Commanding in chief the Army of the United States in behalf of his government, and in deference to the great interests of the two nations, that a joint occupancy be substituted for the present one, which proposition being accepted by His Excellency, it is hereby stipulated and agreed between the said Scott and the said Douglas that the sub- stitution without prejudice to the claim of either government to the sovereignty of the entire island, and until thai question shall be amicably settled, shall con- sist of two detachments of infantry, riflemen, or marines of the two nations, neither detachment of more than one hundred men, with their appropriate arms only, and to be posted in separate camps or quarters for the er^aal protection of their respective countrymen on the island in persons and property, as also to repel descents of marauding Indians. And whereas pending such joint occupation a strict police over the island will be necessary to the maintenauce of friendly relations between the troops of the two nations, as well as good order among the settlers, it is further stipulated and agreed between the parties, signers of these presents, that the commanding officer of each detachment composing the joint occupation shall be furnished with an authenticated copy thereof by the respective signers, to be regarded as a warrant and command to the American commander from the said Scott, and to the British commander from the said Douglas, to seize and confine, or to banish from the island, any person or persons whatsoever found or known to be engaged in fomenting any quarrel or misunderstanding between the officers or men of one of the detachments and the officers or men of the other, and, further, to treat in like manner all other offenders against the peace and good order of the island ; it being, however, expressly understood and enjoined that such measures of correction shall only be applied to American citizens, or persons claiming to be such, by the American commander, or to British subjects', or persons claiming to be such, by the British commander. 23/ Victoria, Vancouver's Island, November 3, 1859. Sir : Lieutenant Colonel Lay yesterday placed in my hands your despatch of the 2d instant, conveying to me your sentiments upon the subject of my proposal for the temporary adjustment of affairs in connection with San Juan, and informing me that you are unable to accept that proposal, 2. I regret, sir, for many reasons, that you did not accede to my suggestion of a joint civil occupation as a temporary expedient for preserving tranquillity, and especially so because the course you propose to me of a joint military occupation is one which I cannot assent to, or carry into effect, without the sanction and express instructions of my government. 3. I am authorized to maintain all treaties as they exist, but not to alter the ISLAND OF SAN JUAN. 197 i\ provisionB or to disregard the stipulations ot any ; and, in short, I am sonsible that it would not be advisable for me to anticipate, by any action on my part, the instructions I may soon receive from Her Majesty's government, unless tnere was an evident and imperative necessity for tlie adoption of such a course, which necessity, in my opinion, does not exist in the present instance. 4. I conceive that protection against all ordinary danger to which cither British subjects or American citizens residing on the irtland of Ban Juan are exposed may bo fully attained without resorting to the extreme moasure of a joint military occupation ; and, moreover, the expediency of affording protec- tion to individuals who may settle on territory the sovereignty of which has not been determined may justly be questioned. Protection under such circum- stances can, indeed, hardly be considered as a duty incumbent on governments ; and, on my part, I am not left in doubt on the subject, as my instructions direct me to announce with reference to this colony that protection cannot bo atfordcd to persons who, by wandering beyond the precincts of the settlements and the jurisdiction of the tribunals, voluntarily expose themselves to the violence or treachery of the native tribes. 5. You must permit me, sir, further to add, that Her Majesty's authorities in this colony have, with respect to the United States, committoa no violation of existing treaty stipulations, nor been guilty of any act of discourtesy what- soever towards the government of that natun, h\i' have on all occasions during the late exciting events exhibited a degree of fori i< <* ranee which will, I trust, be accepted as a guarantee that by no future act wil) wc sock to impair the pacific relations existing between Great Britain and the United Htafes. 6. Should you, sir, after the explanations I have herein given in reference to my official powers and position, proceed to carry out your piicific mission, and livest the large military force now on San Juan of its menacing attitude by removing it from the island, we will instantly withdraw the British naval force now maintained there ; and as soon as I receive the instructions of my government, I shall be glad to co-operate with you in arranging a plan for the temporary maintenance of order and protection of life and property upon the island. 7. In the mean time you may rest assured that we will not disturb the " utatua'^ of San Juan by taking possession of the island, or by assuming any Jurisdic- tion there to the prejudice of the position in which the quoHti(»ii of title was placed by Mr. Secretary Marcy and Her Majesty's representative in tlie year 1855. 8. Again assuring you of my desire to act with you to the utmost of power in the most cordial manner and with the utmost frankness and sincerity, and renewing to you my expressions of high consideration and respect, I have the honor to remain, sir, your most obedient and humble servant, JAMES DOUGLAS. Lieutenant General Winfield Scott, Commanding in Chief the Army of the United States, 23 g. Headquarters of the United Statbs Ahmy, False Dungencss Harbor, W. T,, November ft, 1859. Sir : I have the honor to acknowledge a second communication from Your Excellency dated the 3d instant. Being assured therein that there is no inten- tion on your part to attempt to dislodge, by force, the United States troops now in the temporary occupation of the island of San Juan, without instructions to that effect from your government, and being perfectly persuaded that the very ■y^f 198 ISLAND OF SAN JUAN. cordial relations which now happily subsist between the United' States and Great Britain render the receipt of such instructions extremely improbable, I do not hesitate at once to order the number of the United States troops on that island to be reduced to the small detachment (Captain Pickett's company of infantry) originally sent hither in July last for the protection of American set- tiers (such protection being petitioned for by them) against neighboring and northern Indians. A copy of my orders in the case I enclose herewith for the information of Your Excellency. They will be fully executed as soon as practicable by the employment of the United States propeller Massachusetts, the only craft baited to the purpose in these waters. I have the honor to remain, with high consideration, Your Excellency's most obedient servant, • WINFIELD SCOTT. His Excellency Jambs Douglas, Esq., C. B., Governor of the Colony of Vancouver's Island and its Dependencies, and Vice-Admiral of the same. After the foregoing communication was despatched the General-in-chief deter- mined to leave Captain Hunt's company on the island, jus bead of Captain Pick* itt's, and a copy of his order, after modification, was subsequently sent to Gov- ernor Douglas to replace the one previously trausmitted. The following is a copy of the order as finally issued. L. THOMAS, Assistant Adjutant General. 23 Ji. [Special Orders, No. — .] Headquarters of the Army, United States Propeller Massachusetts, W. T., November 5, ISflO. As soon as practicable. Lieutenant Colonel Casey, or other commanding officer on the island of San Juan, will proceed to send therefrom all the companies un- der his orders, except Captain Hunt's, to the posts to which they had previously belonged, viz : company I of the 4th infantry to Fort Townsend ; company A of the 4th and H of the 9th infantry to Fort Steilacoom ; company D of the 9th infantry to Fort BcUingham ; and last, the companies of the 3d artillery to Fort Vancouver. Captain Hunt and his company, and Assistant Surgeon Craig, will remain on the island till further orders, for the protection of the American settlers. Lieutenant Colonel Casey will cause the heavy guns on the island to be re- placed aboard of this propeller, and will send the light battery to Forts Towns- end, Bellingham, and Steilacoom. By command of Lieutenant General Scott : L. THOMAS, Assistant Adjutant General. 23 i. Victoria, Vancouver's Island, November 7, 1859. Sir : I have the honor to acknowledge your communication of the 5th No- vember, announcing your intention to order the withdrawal of certain compa- nies of United States troops, now in temporary occupation of the island of San Juan, and your intention to leave Captain Pickett's company of infautry for ISLAND OF SAN JUAN. 199 the protection of the American settlers against neigh^ring and northern Indi- ans, and transmitting a copy of your orders in that case to the commanding officer in the island of San Jiian. 2. I shall have much pleasure in communicating your intention to Her Majes- ty's government, who will no doubt accept it as a proof of the desire of the LJnited States to restore the former status of the disputed territory. 3. I trust, sir, that instructions will be issued to the officers of the United States, directing them to abstain from all acts in the disputed territory which are calculated to provoke conflicts, and in no case to attempt to exclude British subjects by force, or to interfere with them in any manner, or to exercise sover- eign or exclusive rights within the r^isputed limits ; and on our part Her Majesty's authorities will be enjoined to abstain from any acts of interference, or of exclu- sive jurisdiction, until the question of title is settled. 4. In that way I sincerely hope that all collision may be avoided. With every assurance of esteem, I have the honor to be, sir, your most obe- dient servant, JAMES DOUGLAS. Lieutenant General W. Scott, Commanding in Chief the United States Army. Im 23 j. Victoria, Vancouver's Island, November 7, 1859. Sir : I have the honor to enclose to you herewith a deposition wliich has been forwarded to me, made by one William Moore, a British subject, concern- ing his having been apprehended by the United States authorities on San Juan Island, and compelled to work in the trenches, and, when released, deprived of the sum of seventy-five dollars. 2. I bring this matter to your notice with the full assurance that you will cause it to be investigated, and such reparation made as the circumstances may demand. 1 have the honor to be, sir, your most obedient, humble servant, JAMES DOUGLAS. Lieutenant General Winfield Scott, Commanding in Chief the Army of the United States. [Inclosure.] I, William Moore, state as follows : I. That I am a British-born subject, and a native of Sligo, in Ireland. II. I have been trading with my canoe between Victoria and Belle vue Island for nearly two months, dealing in onions, potatoes, bread, milk, and sometimes liquoi, taking with me on several trips from two to five gallons at a time. III. Early on the morning of the 16th September last I sold to a party of the name of Powell, who is an employ^ of the Hudson's Bay Company, a bottle of rum, for which I received the sum of one dollar. Powell returned shortly after he took the rum away, and asked me if I was on good terms with an American of the name of Crow. I said I had never been on bad terms with him. About an hour after this occurred I saw this party. Crow, and the sheriff coming down towards my tent. The sheriff said, " I have a warrant for you, my man, and want you to come along with me." I went with him to the court-house, and arrived there about eight o'clock in the morning. 200 ISLAND OF SAN JUAN. lY. I was tried the same day, and the judge (Grosbie) said I was guilty, and ordered me to the guardhouse til), next day. I was then put into a tent with six or seven soldiers, who were prisoners, and after I bad been there about half an hour the sheriff said he had orders to search me, and accordingly took my purse, containing $160. V. On the morning of the 17th the prisoners turned out to work, and I an- swered to my name when it was called, and subsequently weut to work in the trenches, rolling stones and shovelling earth there. Previously, however, to going to work I asked the sergeant of the guard if I was to work with the rest, when he replied " that he had orders from Captain English, the officer of the day, to put me to work with the rest." YI. I worked in the trenches till the prisoners were called in to prepare for dinner, and between two and three o'clock a constable by the name of Cutler took me to the court-house. Judge Crosbie then told a constable to take $75 from my purse, which was lying on the t»ble, which he did, and gave me the rest of the money, and I was then informed that I was discharged. Judge Crosbie never asked me if I was a British or American subject. bis WILLIAM X MOORE. mark. Sworn at Yictoria, on this sixth day of October, in the year of our Lord one thousand eight hundred and fifty-nine, before me, having been first read over and explained to the said William Moore, who seemed perfectly to understand the same. DAYID CAMERON, C. J. I, Richard K. Powell, employd of the Hudson's Bay Company, at Bellevue Island, state as follows : That I personally saw William Moore at work in the trenches on Bellevue Island on the 17th September last, along with other pris- oners, and I believe he was so put to work in consequence of orders from the court, or Judge Crosbie, the magistrate on the island. R. R. POWELL. Subscribed in presence of us, who have hereunto set our names as witnesses. (D) JOHN COPLAND, of Yates street, Victoria. (D) WILLIAM YILLECK, of Esquimault. ' [See statement of case of William Moore, page 205.] 23 k. HtSADQUARTBRS OF THE ArMV, U. S. Propeller Massachusetts, W. T., November 9, 1859. Sir : I have the hon'»»* to acknowledge the receipt, at the same time, of your two notes of the same date, the 7th instant. I am pleased to learn that " Her Majesty's authorities [on San Juan Islanc'] will be enjoined to abstain from any acts of interference or of exclusive jurisdic- tion [in respect to American citizens] until the question of title is settled." In the same spirit I had earlier determined to instruct our commanding ofilcer on the island to allow no person claiming to be a functionary of Washington Territory to interfere with any British subject residing or happening to be on the same island whilst it shall remain in dispute between our respective govern- ments ; and I shall add this further instruction, that if any British subject should become a disturber of the peace of the island, or a seller of strong liquors to American soldiers, without permission from their commander, the latter shall represent the case to the nearest British authority and respectfully ask for the ISLAND OF SAN JUAN. 201 instant removal of the offender ; and if afterward he shall return to the island without permission the American commander may expel him therefrom without further ceremony. I touch the complaint of William Moore, supported hy his deposition, pre- sented to me by Your Excellency, with great reluctance — first, because the wrong done him, if any, was mainly at the hands of a judge, I presume, of Washington Territory, and consequently beyond my control ; and, second, be- cause I do not doubt that Moore has grossly misstated or exaggerated his case. I am at a distance from the island and from every officer who may have known anything of the transaction in question, and am, moreover, in the act of taking my departure for Washington, but shall refer the matter specially to Lieutenant Colonel Casey, the present commander on the island, who will investigate the complaint carefully, and who, I am sure, will take pleasure in redressing, ns far as may be in his power, any wrong Moore m&y have sustained. And Your Ex- cellency will not fail to perceive that I have in my instructions to Captain Hunt, as shadowed above, taken measures to guard against future interference with British subjects. I have the honor to remain, with high consideration. Your Excellency's most humble servant, ^ WINFIELD SCOTT. His Excellency Jambs Douglas, Esq., C. B., Governor of the Colony of Vancouver's Island and its Depend- ncies, and Vice- Admiral of the same. "'% [Inclosnre 23 k."] The following extracts of communications addressed from the Hef dquarters of the Army to different commanders were furnished to his excellency Governor Douglas, with the General-in-chief s letter of November 7, 1859 : 1. "The General-in-chief wishes it to be remembered that the sovereignty of the island (San Juan) is still in dispute between the two governments, and, until definitively settled by them, thftt British subjects have equal rights with American citizens on the island. "L. THOMAS, "Assistant Adjutant General." [To Captain Hunt, commanding company C, fourth infantry, San Juan Island.] 2. "For your information and guidance I put under cover with this copies of the Gene- ral's communications to the Governor of Vancouver's island, dated the 5th and 9th instant, respectively, as also a copy of his special order on the same subject. These papers will show the spirit in which it is expected you will execute the delicate and important trwat confided to you, the General having full confidence in your intelligence, discretion, and (in what is of equal importance in this case) your courtesies. "L. THOMAS, **Assislant Adjutant GeneraV 'l. T 1 23 1. Headuuarters op the Army, U. S. Propeller Massachusetts, Off Port Townsend, W. T., Noveviber 9, 1859. Sir: Your company, with only its appropriate arms, is to be left alone on San Juan Island, when you will revert to the instructions from the Headquarters of the Department of Oregon, dated July 18, 1859. For your information and guidance I put under cover with this copies of the 202 ISLAND OF BAN JUAN. General's communications to the Governor of Vancouver's Ifiland, dated the 5th and 9th instant, respectively, as also a copy of his epocinl orders on the same subject. These papers will show you tiie spirit in which it is expected you will execute the delicate and important trust confided to you, the General having full confidence in your intelligence, discretion, and (in what is of equal import- ance in this case) your courtesies. It is, further, the direction of the General that after the departure of Captain Pickett's company you occupy his part of the camp, where your men will be better sheltered during the winter, and also be fuither removed from the estab- lishment of the Hudson's Bay Company. Captain Pickett will, of course, be at liberty to take back to Fort Bellingham the property carried over to the island, such as doors, window-sash, &c., as also his company property, but it is hoped that some part of the excellent shelter he erected may be transferred to you. I am, sir, very respectfully, your obedient servant, L. THOMAS. Captain Lewis C. H xt, Commanding Company C, ith Infantry, San Juan Island. 33 m. Headquarters of the Armv, U. S. Proi'kllrr Massachusetts, Of Port Toumsend, W. T., November 9, 1859. Sir : I herewith put under cover, for your information and government, the following papers, viz : 1. A copy of Special Orders, dated November 5, 18«59. 2. An open package for Captain Hunt. I am desired by the General-in-chief to add that he wishes you to leave with Captain Hunt's company two effective subalterns. I enclose a copy of an affidavit made at Victoria the 6th of October last, by William Moore, claiming to be a British subject, who complains of injustice donejiim, not only on the part of the civil authorities of Washington Territory, but on chat of the military. His statement in no doubt greatly misstated and exaggerated, but the General wishes you to make a careful examination of the case, and redress, as far as may be in your power, any wrong Moore may have sustained. He wishes you, further, to furnish the colonial secretary of Vancou- ver's Island with the results of your examination. I am, sir, very respectfully, your obedient Kcrvant, L. THOMAS, Assistant Adjutant General. Lieutenant Colonel Silas Casey, Officer Commanding at San Juan, 23 n. Headquarters of the Armv, U. S. Propki.kkr Massachusetts, Of Port Townscnd, W. T., November 9. 1859. General : By direction of the General-in-cliicf I enclose for your information and guidance the following papers, viz : 1. Copies of the General-in-chief's communication to His Excellency Governor Douglas, dated the 5th and 9th instant. 2. A cop" of Special Orders, dated the 5th instant. 3. A copy of my letter to Captain Hunt, dated the 9th instant. ISLAND OF SAN JUAN. 203 TbcBO papers will show you to what extent the General has interfered in the' affairs of the Department of Oregon, except that he has made free use of the United States propeller Massachusetts, on board of which vessel he made his headquarters. Captain Hunt will be left on the island of San Juan, under your instructions of July 18,modifiedby my letter to him dated the 7th instant; but the General-in-chief wishes it to be remembered that the sovereignty of the island is still in dispute between the two governments, and, until definitively settled by them, that British subjects have equal rights with Amerit.an citizens on the island. Captain Fauutleroy represents that the Massachusetts leaks badly, and that repairs are necessary, which can better be done at San Francisco this winter. The General-in-chief concurs, but gives no orders on the subject. I have the honor to be, very respectfully, your obedient servant, L. TUOMAS, Assistant Adjutant General. Brigadier General W. S. Harney, Commanding Department of Oregon, Fort Vancouver, W. T. -nt. 1 be;; to call the attuutiou of the Commanding General to the fact that while the ]3rit.i:«h commanding officer has full power, plain and deBnitu instrnclions by which my complaints to him of British i^uh- jects would be promptly acted upon, I am without such inatructions aa regards hia complaint?, (and liciuor dealing will bu very certain to produce them ) General Scott's instructions to mo eeem to acknowledge (to a certain extent) territorial juriadiction, but in all probability there will be no magistrate upon the island, (the present magistrate, Mr. Newaom, has just resigned,) and even if there should be, juries will find verdicts for the offenders, implying inde- pendence of Whatcom County juriadiction. This has been shown lately in the cases of two persons tried for liquor dealine:, unlicensed. The fact is that a great many of the persons upon the ialaud are vagabonds, of no particular nationality, or of any, as it may suit their purpose, and it seems a great scandal that no power, civil ov military, should be operative to keep them in order. It certainly seems that Whatcom County jurisdiction should apply fully (to American ci(izens) or else that which I am quite sure the bona Jlde settievB and well-disposed citizens would prefer, military authority, so long as the present anomalous condition of affairs shall exist. Under all these circumstances of the case, and as the beat solution of future difficulties, I respectfully request that the Commanding General would furnish me with instructions analogous to those possessed hy Captain Bazalgette. 1 am, sir, very respectfully, your obedient servant, L. C. HUNT, Captain ith Infantry, Commanding. Captain Alfrkd Pleasanton, 2d Dragoons, A. A. A. General, Fort Vancouver, W. T. Hkr Britannic Majesty's Ship Ganoes, In Esquimau Harbor, March 20, 1860. Sir: I have the honor to inform you that a detachment of royal marines, with their appropriate arms, equivalent in numb(jr to the troops of the United States under your command, will be disembarked on the north point of the ii^land of San Juan, for the purpose of establishing a joint military occupation,. agreeably to the proposition of Lieutenant General Scott. The annexed extract from the orders I have given to Captain Bazalgette, the officer commanding, I beg to furnish for your information. I iiave the honor to be, sir, your obedient servant, R. LAMBERT BAYNES, Rear Admiral and Commander-in- Chief Of her Britannic Majesty's Naval Forres in the Pacific. Captain Hunt, Commanding United States froojjs, San Juan Island. ''i\ .1 VI m [Extract.] The object of placing^ you there is for the protection of British interests, and to form a joint military occupation with the troops of the United States. As the sovereignty of the island is still in dispute between the two governments, you will, ou no account, interfere with tiie citizens of the United States ; but, should any otteuce be coiiiuiitted by such citizens, which you may think it advisable to notice, you will send a re- port of it to Captain Hunt, or officer eoniinanding the United States troops. Aniericaa citizens have equal rights \vi:h British subjects ou the island. Ex. Doc. 29 14 210 ISLAND OP SAN JUAN. 8honl(l the officer commandinff United States troopH brinp to yonr notice offences com- mitted by any of Her Britannic Mi^jenty'H Hul>ject8, you will n!te your beHt iudguiont in dmi- \i>S witirtlio cubo ; and I authorise yuu, if you dctini it necegsary, to send them off the inland by tilt' first opportunity If any doubts arise as to the nationality of an offender, yon wiil not act in the case befi)ro yon have consuitod with the United Htates commanding officer, and not even tbHu ouless your opinions coincide. You will piace yourself in friink and free communication with the commanding officer of the United States troops, bearing in uiiiid how essential it is for the public service that the most porfi'ct and cordial underHtandinp should exist between you, which I have every reason to feel assured you will, at all times, faud Captain Hunt ready and anxious to maintain. KOBERT LAMBERT BAYNES, Near Admiral, and Commandtr-in-Chitf. Captain Geor«k Ba/ai-oktte, Royal Marinet, Commanding Detachment on the Island of San Juan. San Juan Island, March 7, 18G0. Grnrral : We, tho iindorsigned citizens of this island, beg respectfully to call your attention to the gross and ungentlemanly conduct of Captain Hunt, the officer in commnnd of this station. We aak if he is justified as a military man to infringe on the rights and privileges of American citizens? Is he justi- fied in stopping trade, and endeavoring to drive the inhabitants from the ii^land ? Such conduct he is guilty of, and, unless immediate steps are taken to prevent any further outra;^e on his part, not only the service to which he belongs, but the dignity of the country, who boasts her liberty of the subject, will be com- {)romised. By his recent conduct the whole of the inhabitants of this island Live been insulted, their position as tradesmen mul citizens lowered, and he himself become an object of contempt. V\ c, efore, respectfully ask your attention to this appeal, nnd trust that either a m. 3 sane and proper officer may replace the one now in command, or steps may be taken to prevent any farther inquisitorial and unjust interference on his part. With profound respect, we beg to subscribe ourselves, General, your most obedient servants, D. W. DARLING. J. S. BOWKER. B. M. KENNELLY. N. BAKKR FRANK CHANDLER. DENNIS McCarthy. GEORGE BORDEW. JOHN SMYTH. JAMES FRAZER. Headquarters Department of Orroon, Fort Vancouver, W. T., April 10, 1860. Captain : You will perceive by Special Orders, No. 41, of this date, a copy of which is enclosed, that the General Commanding has replaced you in command of yonr company on San Juan It^land. For your information in this position you will receive, as accompanying pa- pers, the correspondence and instructions of Lieutenant General Scott with reference to San Juan Island, witli an extract from the orders of Rear-Admiral Baynes, commanding Her Britannic Majtsty's naval forces in the Pacific, to Captain George Bazalgette, of the royal marines, commanding a detachment of royal marines landed on San J nan Island by the consent of General Scott. ISLAND OF BAN JUAN. 211 These orflers of Admimi o.iynes communicate to IiIh officer tlifit lie U plncod on tlie island f'tr the protection of Dritirtli iiitci-eHti4, uiid tu furm n Joint uiilitarjr occupation with the troops of the United States. To meet these orders of the Admiral, and to remove any miMconeeption on the part of tlie British authoiities as to your duties, I am d rected to Imjiart to you tlie following explanations and requirements of the General ( JommandiiiK, n copy of which you will furnish Captain Bazalj^ette for the Information of Ilenr- Admiral Baynes. First. Lieutenant General Scott has left no orders or Instructhms with the General Commanding to grant a joint military occupation of Han tjunn Inland with British troops ; neither has any authority been delegatcMl hy the govern- ment of the United States to the General to offer or accept such rtccupation of that island. The offer made by General Scott, when In comnmnd here, was not accepted by Governor Douglas at the time, and consequently concluded that transaction. No arrangement has been made since to renew It, within the knowledge of the General Commanding. Second. The British authorities having submitted the assurance to General Scott that no attempt would be made by them to dislodge by force the United States troops on San Juan Island, they were permitted to land tntops for simi- lar piu'poses to which your command was. designed in the original orders con- veyed to you in July last, viz., the protection of our citixenH from Indians, both native and foreign. In connection with this service, the (General Commanding takes occasion to present you to Admiral Baynes and the officers with whom you will be brought in contact, as an oiHcer possessing his highest coniidence, that nothing will be omitted in maintaining a frank and generous intercourse in all matters coming within your powers to establish a practical soluticm of the present nii^understanding, which shall prove honorabh; ami satisfacUny to all par- ties, until a final settlement is attained by the governments. Third. Under the organic act of the Congress of the United Htat«!S for the establishment of the territorial government of Washington, the first legislative asiisembly in 1S54 passed an act including the island of San iluaii as a part of Whatcom County. This act was duly submitted to Congress, and has not been disapproved ; it is, therefore, the law of the land. You will be obliged, conse- quently, to acknowledge and respect the civil jurisdiction of Wanhlngton Terri- tory in the discharge of your duties on San Juan, and the General (Commanding is satisfied that any attempt of the British commander to ignore this right of the 'i'eiritory will be followed by deplorable results, out of his power to prevent or to control. The General Commanding will inform the governor of Washington Territitry that you are directed to communicate with the civil officer on the island in the investigation of all cases requiring his attention i n the event of any British interests being involved, you will notify the officer placed there by Admiral Baynes to enable him to propose some arrangement satisfactory to his instructions, as well as those of the civil officer. Let it bo understood in case of disagreement of these parties that no action is be taken until the case has been referred to Admiral Baynes and the governor of Wadhington Territory respectively. These suggestions will be acceptable to the conditions whish govern the ter- ritorial authorities of Washington, while satisfyi;jg the obligations of the military service to their own as well as the civil laws of the country, and it is fair to presume they will be adopted by Admiral Baynes, since the tenor of his instructions to Captain Bazalgetteissufficiently liberal to justify thiit conclusion. I remain, Captain, very respectfully, your obedient servant, A. PLKASONTON, Captain 2d Dragoons, A. A, Adj, Gen' I. Captain George A. Tickett, (Jommanding Companxj "X>," 9/A Infantry, Fort Bdlingham, Puget's Sound, W. T. 212 ISLAND OP SAN JUAN. [Special Orders — No. 41.] IIkauquarters Department of Oregon, Fort Vancouver, W. T., April 10, 1860. The following disposition of troops on Puget's Sound will take effect without delay : 1. Company D, ninth infantry, Captain George Pickett, will replace company C, fourth infantiy, at Camp Pickett, San Juan Island. 2. Company G, fourth infantry, on being relieved, will proceed to Fort Steil- acoom, to which post h is assigned for duty. • «««•• II. — The steamer Massachusetts will be used in the execution of these orders, under such special instructions as will bo given. By order of General Harney : A. PLEASONTON, Captain Second Dragoons, Acting Assistant Adjutant General. • !?! « } Headquarters Department of Oregon, Fort Vancouver, W. T., April 10, I860. Governor : I have the honor to enclose an extract of the orders of Rear Admiral Baynes, commanding Her Britannic Majesty's naval forces on the Pacific, to the officer in command oi a detachment of royal marines, huided on San Juan Island; also a copy of my orders replacing Captain Pickett's com- pany on San Juan, with his instructions in that position. These papers will explain to you the state of affairs at San Juan, and I beg leave to say, I have the fullest assurances that your action in the premises will be of the most satisfactory character in support of the different interests depend- ing upon it. I am. Governor, very respectfully, your obedient servant, W. S. HARNEY, Brigadier General Commanding. His Excellency R. D. Gholson, Governor of Washington Territory, Ohjmpia, W. T. Remarks of the General-in-Chief. I These papers are important : 1. Brigadier General Harney has substituted Captain Pickett for Captain Hunt in the command at the San Juan Island — reversing my act. My reason for substituting Hunt for Pickett was tins : Pickett, on landing on the island, in July, 1859, under the orders of Harney, issued a proclamation declaring the island to belong to the United States, and containing (1 speak from memory) other points or language extremely offensive (as I learned) to the Br tish author- ities ; and, as my mission was one of peace, 1 thought it my duty to substitute Hunt for Pickett after I had named Pickett for tiie command. Hunt (as our oflScers informed me) was remarkable for firmness, discretion and courtesy. (The Secretary of State can, probably, confirm this character of Hunt.) 2. It will be seen by ^'rigadier General Harney's instructions to I'ickett, of the last month (herewit;.,) that Harney considers San Juan Island as a part of Washington Territory, and Pickett is directed "to acknowledge! and respect" the authority of that Territory. If this, does not lead to a collision of arms, it ISLAND OP SAN JUAN. 213 will again be due to tlie forbearance of the British authorities ; for I found both Brigadier General Harney and Captain Pickett proud of their conquest of the island, and quite jealous of any interference therewith on the part of higher authority. 1 beg it may further be remembered that I intimated a doubt to tlie War Depai ttnent whether Brigadier General Harney would ca'Ty out my pacific arrangement, respecting the occupation of the island, with good faith, or even with courtesy, and hence one of my reasons for wishing to relieve him from hia command. Respectfully submitted to the Secretary of War. WINFIELD SCOTT. May 14, 1860. Wak Depaktment, June 8, 1860. The Adjutant General will order Brigadier General Harney to repair to Wash- ington ciiy without delay. JOHN B. FLOYD, Secretary of War. [Special Orders— No. 115. J War Department, Adjutant General's Office, Washington, June 8, 1860. Brigadier General William S. Harney, United States army, will, on the receipt hereof, turn over the comrsfind of the Department of Oregon to the offi- cer next in rank in that Department, and repair without delay to Washington city, and report in person to the Secretary of War. By order of the Secret , / of War : S. COOPER, Adjutant General. Caimp Pickett, San Juan Island, April 54, 1860. My Dear Sir : I drop a line in hopes that it may go by the mail steamer, now iti the Sound, to mention the receipt, of orders from Department Headquar- ters breaking up Fort Townsond and Fort Bellingham, and sending Captain Pickett to replac(^ me, who will return to Fort Steilacoom. No cause is assigned for this disturbance of the arrangements made by the General-in-chief, and as the DepartUKent order comes simultaneously with the arrival of the War Depart- ment order abandoning Fort Bellingham, I presume the movement has been intended for a long time past, and the War Department order procured lor the purpose of carrying it out. In the anomalous situation of the island, with the jurisdiction undetermined, and my orders general in their character, my command has been a delicate and •difficult one, and it has been, in general, my aim to avoid any pretext for fault- • finding to those who I knew were eagerly seeking it. I have not been alto- gether 8uccef>sful, as will be seen by the correspondence enclosed, which £ forward as giving a history, as it were, of matters upon the island- and as show- ing the animus of Department Headquarters towards me. I have no doubt -:1 'fit ■:\Vi 214 ISLAND OF SAN JUAN. however, that the replacing of C^xptain Pickett's company upon the itiland ia quite independent of complaints of me, that it has long been contemplated. The order comes at a most inconvenient time ; gardens just planted ; while four companies are sent to a po&t having accommodations for three only, and Excellent quarters left vacant at Fort Townsend. I remain, sir, very respectfully, your obedient servant, L. C. HUNT, Captain Fourth. Infantry Commanding. Major E. D. Kevks, Military Secretary. Indorsement of the General-in-ChU'f, I deem it my duty, in defence of a gallant and excellent officer, (Captain Hunt,) most unjustly accused by Brigadier General Harney, to make this letter and its five enclosures public. It will be seen that Captain Hunt's defence is moBt triumphant. Respectfully submitted to the Secretary of War. WINFIELD SCOTT. June 14, 1860. Hbaduuarters Departme\t of Oregon, Fort Vancouver, W. T., March 21, 1860. Captain : The enclosed copy of a communication from citizens of San Juan Island to the General Commanding is transmitted for your information, and I am. instructed to say you will report without delay to these Headquarters what- ever action you have taken against the citizens of San Juan Lslaiid. You are directed by the General Commanding not to interfere with the trade of our citizens in any way except the one prohibition of selling liquor to Indians, nor will you throw any impediment in the wuy of persons coming to or leaving the island. You will make a full and complete report to these Headquarters of all your actions affecting citizens up to this time, and hereafter you will take no steps regarding them without reporting the same immediately to this office. I am. Captain, very respectfully, your obedient servant, A. PLEASONTON, Captain Second Dragoons, A. A. A. General. Captain L. C. Hu\t, FourtJi Infuntrij, Commanding , Camp Pickett, San Juan Island, Washinglun Territory. San Juan \r- and, March 7, 18G0 General : We, the undersigned, citizens of this is.und, beg reppoctfiill> to call your attention to the gross and ungontleraanly conduct of Captain Hunt, the officer in command of this station. We ask if he is justified as a military man to infringe on the rights and privileges of American citizens'? Is he jus- tified in stopping trade and endeavoring to drive the inhabitants from the iflland ? Such ccmduct he is guilty of; and, unless immediate; steps are taken t.o pnivent any further outrage on his part, not only the servici; to which he belongs, but the dignity of the country who boasts h(.'r liberty of the subject, will be compromised. i3y his recent conduct the whole of the inhabitants of ISLAND OF SAN JUAN. 215 this ielanH have been insnlted ; their position as tradesmen and citizens lowered ; and he him^ielf become an object of contempt. We, therefore, respectfully adk your attention to this appeal, and trust that either a more sane and proper officer may replace the one now in command, or steps may be taken to prevent any further inquisitorial and unjust interference on his part. With profound respect, we beg to subscribe ourselves. General, your obedient servants, D. W. DARLING. J. S. BOWKER, R. H. KENNELLY. N. BAKER. MILBREY DAY. FRANK CHANDLER. DENNIS McCarthy. GEORGE BORDEW. JOHN SMYTH. JAMES FRAZER. The foregohiff was written by a youngf Englishman from Victoria, whose knowledge of Jrugs induced me to place him in the hospital, with the view of enlisting him, perhaps, as hospital steward. He proved trifling and tricky, and was sent off. L. C. HUNT, Captain, Sfc. W^ M % tT Camp PrcKExr, San Juan Island, March 30, 1860. Captain: I have the honor to acknowledge the receipt of your communica- tion of the 21st instant, enclosing aiiotlier which purports to come from citizens of San Juan Island complaining of my conduct as commanding officer on the island. I regret being obliged to notice, in any manner, a statement couched in such language, and conveying charges so incredible. It is unnecessary, I am sure, for me to deny that I have interfered with "trade" or " tradesmen " beyond the fact of taking action in behalf of the citizens of iSan Juan Island against a number of transient persons, illicit liquor dealers, who had been complained of in the strongest terms by the real settlers, who lived by dealing poison to my men, and who all, without exception, I believe, have no other stake upon the island than that arising from their ill-gotten gains. I recognize the names of three individuals (and their creatures) who are indignant that I should have interfered with their " trade," however illegal. For the information of the Commanding General, and to give him the fullest proofs of the embarrassing position I occupy, unless I choose to shut my eyes to the evils existing upon the island and attempt no roiULnly, I beg to forward the statement of Mr. Newaom, late magistrate on the island, as also a petition from the bona fide .settlers. In the pn^sunt anomalous position of the island all sorts of opinions are held by even the residents as to jurisdiction and authority. They are opposed to Whatcom County jurisdiction in whole or in part, allej;ii)g certain grievances. Many of the citizens think that until the question of title is settled the island is properly under military jurisdiction, and would be glad to have it so declared. I understood from Judge Fitzhugh last December that, in his opinion, I had full power to act against evildoers in general ; and " if I found difficulty in that, to arrest tluim and send them over to him." In the absence of any fixed and definite jurisdiction, opinions being various, and my instructions general in their character, 1 have been obliged to act as cases arose, according to circumstances and my judgment. W. i 216 ISLAND OF SAN JUAN. 1-i ■■4 "I I At the euggcstinn and by the advice of Mr. Cronbip, tlicn mngistrate, to wlinm I applied for action against the nuisance of two whirtkioner, however, was prepared to defer to the arguments of the other* The American commissioner rejected an offer to compromise the matter subse' quently made to him by his English colleague, and the commissioners, consid* ering that under these circumstances it was useless to continue their correspond' ence, signed, on the 3d of December, 1857, a minute recording their disagreement' and adjourning their proceedings until circumstances should render it necessary for them to meet again. It is much to be regretted that there was not annexed to the treaty of 1846 any map or chart by which the true meaning of the expressions made use of iu the first article of that treaty could have been authoritatively ascertained. The British commissioner was clearly of opinion that both the boundary intended by the plenipotentiaries who negotiated the treaty of 1846, and also the channel spoken of in the treaty, is the channel known as Rosario Straits, and Her Majesty's government fully share that opinion ; but inasmuch as it is now proved that there are several channels connecting the Gulf of Georgia with Fuca's Straits, that cir- cumstance afforded to the American commissioner the means of contesting the view of the case taken by his English colleague, and the result has unfortunately been, that a question which Her Majesty's government had hoped was finally set at rest by the treaty of 1846, remains still a subject of discussion. It may be convenient that I should here pass in review a few of the argu- ments which led Her Majesty's government to the well-founded belief, that the boundary between the British aiid American possessions, as fixed by the treaty of 1846, is the Rosario, and not the Haro channel. The words of the first article of that treaty are as follows : From the point on the 49th parullel of north httitude, where the boundary laid down in existinf^ treaties and conventions between Great Britain and the United States terminates, the line of bonndary between the territories of Her Britannic Majesty and tbose of the United States shall be continued westward alonp the said 4l)th parallel of north latitude to the middle of the channel, wbich separates tlie continent from Vaucouvor's Island, and tlience suiitherly through the middle of the said channel and of Fuca's Straits to the Pacific Oectiu ; provided, however, that the navigation of the whole of the said channel and straits, fiuutii of the 4Uth parallel of north latitude, remain free and open to both parties. The treaty, therefore, in di-aliiig with the space separating Vancouver's Island from the continent, speaks of two divisions only, viz : the "channel" and the " straits" — the channel being that commencing in the Gulf of Georgia, and those straits being the Straits of Fuca. The information acquired by sub- sequent surveys shows that it might have been more correct to have divided that space into three portions, viz : the Gulf of Georgia, the Straits of Fuca, W ^1 M 220 ISLAND OF SAN *AN. aiitl the intervening channel or channels by which the Gulf of- Geor<^ia and the Straits of Fuca are connected A glance, however, at Vftncouver'a chart, which is the only map that the British government, and, it is btjlieved, the plenipoten- tiaries of the two governments had before them, at the time when th(? treaty of 1846 was negotiated, will suffice to show why the treaty speaks only of the "channel" and the "straits." Vancouver's chart depicts the channel throu2l rf by Mr. McLane, the American minister at this court in 184<), li» ri'poi'lliijf to Ills government the terms of arrangement which he thought the Krhl^li ^ovi'di' ment would probably ofFer, and on the language employed by Mr, iicnton hi iwhenthetre that both Mr. McLane and Mr. Benton indicated the Canal (k* iiat'oi the Senate ' It treaty came under di^cufsion before that body, II, iippfam /if* lla»'«»j Mr, McLane a» that which he thou^'ht the Britit*h government would ofl'm' (m th«) boundary line; Mr. Benton as that which the govcrumeut of the UuUed Hl,at«'« had understood as the boundary. Her Majesty's government have not failed to consider, with the atteutlMii i( deserves, the arguments to be drawn from those statements in favor of tJitt \uinU tiou of the American commissioner; but, while those statementri may ho Itikctt as evidence of what were the views of Mr. McLane and Mr, UmiiIoii, Her Majesty's government cannot accept them as necessarily proving what werii ihtt iutentitms of the plenipotentiaries who signed the treaty, or what Im the fair construction of the treaty itself. Her Majesty's government, indeed, do not think that they shoidd ho H>*k('d In do so, seeing that the words of the treaty, which ought to b(! the guhle, do not properly admit of tliat interpretation; and that it is beyond dlHputt! that tho intentions of the British government that the line of boundary should be dmwil through Vancover's channel. With reftrence to this point I have to state to you that the Karl of Ahcidr'cn, to whom I have referred, informs me that he distinctly rememberH I ho (f<'lier/(l tenor of his conversations with Mr. McLane on the subject of the Oie^oii boundary, and it is certain that it was the intention of the treaty to ndnpt the viid-cbannel of the straits as the line of demarcation, without any reforeiico to islands, the position, and, indeed, the very existence, of which had hardly, at tliat time, been accurately ascertained; and he has no recollection of /my nieti' tion having been made during the discussion of the Canal de Haro, or, fiideeil, any otiier channel than those described in the treaty itself. I alno eiK'loKo a memorandum drawn up by Sir Richard Pakenham, the negotiator of the treaty of 1846. Such being tin; state of the question, and Her Majesty's government belti(5 anxious to see it finally settled in a manner satisfactory and honoratdo to both parties, Her Majesty's government have had to consider the adviee wliUdt It behooves them to tender to the Crown with a view to so desirable a renulti This duty has been rendered, in the present case, a comparatively i'ai»y otio, Her Majesty's government cannot doubt that their desire for a mutually Matirt' factory and honorable settlement of the question is fully reciprocatt^d by the government of the United States, and they feel confident that the f^radtial dl«« appearance, one after another, through the good sense and conciliatory Hplrlfc fhown by both governments, of these points of difference, which the IVewldeiit of the United States, in a former message to Congress, described an Inltalltim questions, has left no room for doubting that this sole remaining qui'^ijoo «hii also be satisfactorily adjusted. Her Majesty's government trust that, as between this country and the Uidted States, the day for tedious arbitrations, and still more, for Hostile demoiwl I atloio<, is gone by ; they see no reason why this, and, indeed, any other (jueHtloii whieh may from time to time arise, should not be settled by direct and friendly com* municatiou between the two governments. The true and just interpreiatloii of treaty engagnnents is the only law by which Her Majesty's goveriiriiciM clalni to be governed in their dealings with the United States ; the loree of rt)'(;f(»liieiifc is the only force to which they desire to appeal; and when the iiiterprelailoii 1« asserted to be doubtful, or the argument fails to convince, her Maji'»ty*(< j'^nvei'i)* ment conceive that the only alternative which befits two great nations, boiitid to each other by such ties as those which unite Great Britaiu and the United Hlalex, is to endeavor to adjust the difference by mutually honorable coiiipioiitMy of conflicting pretensions. I 'k X r \^ I ll v. 222 ISLAND OF SAN JUAN. Now thfi result of the snrvpyupon which Oaptnin RichardH, of Ilnr Mnjnuty's ship PlumiuM', has been lately engaged, ns set forth in tho cticIoHcd chart, hIiowh that, in addition to the llosario Straits and to the Haro Channel, there exists a third navij^Hble passage connecting the Gulf of Georgia with Fuca'n Htrnits. This third channel is indeed reported by Captain RichardH to nnswer, in respect of ita central position and southerly direction, to the channel described in the treaty ; and assuming it to have been the intention of the jileiiipoten- tiaries that the several channels connecting the Gulf of Georgia with Fucii Straits should be considered for the purpose of the treaty as one ehannel, it may fairly be argued tliat this central passage would not only satisfy the require- ments of the treaty, but would divide between the two countries, in proportions which each party might consent to, the cluster of islands by which th(t channel is intersected. The advanta the centre of Douglas Channel, half way between Waldron and Orcas islandrt. Thence sweeping round to the southwest, southeast, and south, betweciii San Juun, on the west, and the islands of Orcas, Shaw, and Lopt-z, on the east, the IIik; woidd rejoin the liiS^ meridian, as soon as the safety of navigation would permit, at about one mile to the southward of the Salmon Bank, on tin; parallel 48^ 28' north, and continue due south along this meridian until it falls into the common mid-channel cours(! through Juan de Fuca Straits. It will thus be observed that the meridian of 123^ is assumed as the boundary, and is only departed from when forced to do so by the physical interference of the islands. This middle channel, though inferior in some respects to the Uaro ('hannel or to Rosario Straits, is described by Captain Richards as being perfectly safe for steamers, and also, under ordinary circumstances, navigable for sailing vessels. Her Majesty's government, however, do not consider this point as of much im- portance, since their proposition only extends to making this chiinnel the line of boundary, and they do not propose to alter in any way that stipnhition of the treaty which secures to the shipping of both countries the free navigation of the whole of the channels and of the straits — a stipulation advantageotiH to both parties, .ind which Her Majesty's government cannot doubt that tin* government of the United States will agree with them in thhiking, must, under all circum- stances, be maintained Ir iijtpears to Her Majesty's government that a boundary line traced through the above-mentioned central channel likewise recommends itself for adotttion as being in accordance with the princijdes which regulated the division between the two countries of the islands in the river Saint Lawnnce. Her Majesty's government further submit to the Cabinet of Washington whether, to a view to mutual convenience, it might not hv. desirable that the t'ujall promontory known as Point Roberts should be left to Gnat Hritain. The foint is of no intrinsic value to either government ; but its possessi(»n by the Inited States will have the effect of detaching an is, which despatch, however, was not made public until after the ratification of the treaty by the Senate, Mr. McLane informs his government that the line or bonndary about to be proposed by Her Majesty's government wonld "probiibly be substatifially to divide the territory by the extension of the line in the par- allel of 49° to the sea, that is to say, to the arm of the sea, called Birch's Bay, thence by the Oan.>l de Haro and straits of Fuca to tin; ocean." It is also true that Mr. Senator Benton, one of the ablest and most zealous advocates for the ratification ol the treaty, (relying, no doubt, on thrnment of the United Htatew may he. diMprmcd to affdrd. It cannot be necessary for me to do more than refer you to the note which I had the honor to address to yon on the l:^th of May hist, in pursuance of the orders of Her Majesty's principal secretary of state. In that note, after informing you that instructions would shortly be sent to me to eotninunicate with you in the hope of arriving at a satisfactory setthimetit on the subject of the respective claims of Great Britain and the United Htates to the iHland of San Juan, I wrote as follows : I am deflired to add, tliat Her MnjoHty's p;ovcrnnient are Hun; tliat tli** C'uliiiict at Wimliltigton would regret, ah much as tlteiuHelvert, tliat any luual colliHion hIiouM ari^^f In the interval which would tend to embitter a diHcu^sioii which might otherwUe he conducted witli cor- diality and guud will. (ler MajeHty'M guverumeut truHts, therelorv, that ciliyienN of the United States will be restrained, as far hs the iiistitutionH of their goveriniieiit a«linlt of tiicir beiiijr go, from attempts to uettle, by unauthorized actH of reHiittaiice, a tpicHtion wliicli there wirl probably be little dit!iculty in arranging by amictible comnanilcatioim between the two gov- eruuieuts. I have not had the honor to receive from you an answer to the note just quoted, and I am, on that account, the more earnest in rcqiiestiiig you to etnible me to send, us speedily as possible, satisfactory infornnitio.! to Her M/ije»ty's govern- ment on the subject to which it relato. I am h(» anxious on this point that I veuture to remind you that I shall despatch a messenger frtun this Legation on Monday next, the 5tli instant, (the day after to-morrow,) at half past 1 o'clock, to nieet the royal mail steamer packet at Boston. I have the honor to be, with the highest consideration, Hir, your most obedient humble servant, LYONS. Hon. Lewis Cass, Secretary of State, !fc,, Sfc., !(v. No. 7. Lord Lyons to Mr. Catt, Immediate.] Washinqton, SrptamfM'r 7, l8/>9. Sir : When I had the honor of waitingupon you, at your request, at the State Department on tlie 5th instant, you were so good as to say that although you were not yet in possession of sufficiently detailed reports to enable you to reply at once to the note which I had, two days before, asked for eKplanations with regard to the alleged occupation of the island of San Junu by United States troops, you would, nevertheless, verbally give me sucli inforinatioti as it was in your power to afforded. You then did me the honor to state to me that the oidy official account which had reached the government was a report from Geiuiral Harin-y, which had been forwarded from New York by General Scott, ami th/it the stibstance of that report was that General Hainey had found it iu»c<'HHarv, In r,nmvi\\\i'uce of a requisition from United States citizens, to send to the ismtid of San Juan a detachment to protect those citizens from the Indians, and {'rotn ill Ircjattnent on the part of the English, and that he had accordingly sent one company of soldiers for this purpose, and held another in readiness to imu\ also in case of need. You proceeded to inform me that the President had directed the War 1)< pnrt- ment to apprise General Harney that the government of the United H ates con- sidered that the principle to be observed with regard to dlspnterl territory wnn, that the actual status should be maintained; that, consequently, he was by no means to take possession of the ii^land of San Juan, or to set up any juris- Ex. Doc. 29 15 ^1 I v^i 226 ISLAND OF SAN JUAN. I it diction there. You added, however, that orders had not been sent to withdraw the United States troops. Those troops you said would be instructed to confine themselves strictly to tlie protection of American citizens, but it might, you added, be necessary that they should remain at San Juan for that purpose. J^inally, you did me the honor to request me to acquiunt Her Majesty's principal Secretary for foreign affairs with what you had said, and especially to assure his lordship, from the President and from yourself, that Gencal Harney had not acted upon orders from the government, but entirely upon uis own responsibility. 1 had just time, after my return home, to write a rc^port of the information which you had thus given me to despatch to Lord John Russell by the messenger who was about to set out to meet the rcyal mail steam packet at Boston. I made that report almost exactly in the words which I have usei in repeating abo"e the substance of ■"lur communication to me. The newspapers of this evening announce the arrival of a mail, bringing full intelligence respecting the disembarcation of the United States troops on the island of San Juan. I feel confid.^nt that you will hasten to afford me the infor- mation and explanation for which i applied in the note to which I have already referred. But I am so desirous that these explanations should reach Her Majesty's government, as nearly as possible simultaneously with the intelligence of the occurrences at Sau Juan, that I take the liberty of reminding you that I shall be able to send by telegraph to Halifax, in time to be forwarded to London by the royal mail steamer, any information which you may do me the honor to give me in the early part of to-morrow. I am rendered particularly anxious upon this subject, by observing among the news inserted in the evening journals the followirg document, purporting to be an order issued by Captain P'-kett, com- manding the party of United States troops which has landed on the is^land : Military Post, San Juan Island, IVashington Territory, July 27, 1859. I. In compliance with orders and instruction.s from tlic General commanding, a military post will be established on the island, on whatever site the commanding oilicer may sekct. II. Ail the inhabitants of the island are reqtiested to report at once to the conimandirig officer, in case of any incursion by the northern Indians, so that he may take such steps as he may deem necessary to prevent any future occurrence of the same. III. This being United States territory, no laws other than those of the United Sta es, nor courts, except such as are held by virtue of said laws, will be recognized or allowed ou this island. Captain PICKETT. By order : JAMES W. FORSYTH, Stcond Lictit. dth Infantry, Post Adjutant, I have the honor to be, with the highest consideration, sir, your most obedieut, humble servant, LYONS. Hon. Lrwis Cass, Ifc., Ifc., Sfc. You are doubtless aware that I have the means of transmitting confidential commuuicatio.'is by telegraph in a cipher which can be understood only at the Foreign Office in London. L. No. 8. General Cass to Lord Lyons. Departmknt ok State, Washington, September 8, 1859. Mv LoRO : Your note of yesterday reached me this morning. Your note of the yd instant, to which you refer, was received the next day after its date, No. 1< Sir upon commj come meats. Georg ia coui ISLAND OP SAN JUAN. 227 Sunday ; and on Monday, the day following, as there was not time to write you before the departure of your messenger,! requested an interview with your lord- ship, during which the conversation took place which is recapitulated in your last note. I mention these circumstances in explanation of their delay of two days, to which your lordship has referred. The conversation is correctly reported, with one exception. The exception is where you understood me to say " that consequently he (General Harney) was by no means to take possession of the isla.-d of San Juan, or to set up any jurisdiction there." I have already explained to your lordship why I could not have made this remark, and I now beg leave to add that in attributing it to me you misunderstood my views. No information respecting occurrences at San Juan has reached the govern- ment since the receipt of General Harney's report. I avail myself of this opportunity to renew to your lordi^hip the assurance of my high consideration. LEWIS CASS. Lord Lyons, Sfv., 4c., l(c. :i'fl 1 No. 9. Lord Lyons to Mr. Cass. Washington, September 9, 1859. Sir : I have this morning received the note dated yesterday, iu whi-jh you refer to the verbal communication which you did me the honor to make to me on the 5th instant, with respect to the disembarcation of United States troops upon the island of San Juan. You were, early yesterday, so good as to inform me, orally, that the recital of that communication made in my note of the 7th instant contained one phrase which gave an erroneous representation of your views on a particular point. I immediately transmitted, by telegraph, to Halifax a despatch, to be forwarded to Her Majesty's principal Secretary of state for foreign affairs, in which I stated to his lordship that you had infoimed me that the phrase in question ought to be cancelled. I will to-day transmit to Her Majesty's government a copy of the note from you to which I have now had the honor to reply. 1 have the honor to be, with the highest consideration, sir, your most obedient, bumble servant, LYONS. Hon. Lkwis Cass, Sfc., !fc., Sfc. No. 10. Mr. Cass to Mr. Dallas. No. 195.] Department of State, Wasliington, September 22, 1859. Sir upon 4 : Difficulties, as you are aware, have arisen respecting the boundary, the Pacific, between the United States and the Britipa liogsessions. The commissioners who have been engaged in running the line have been unable to come to an agreement, and have referred the matter to their respective govern- ments. The subject in dispute is the strait or channel between th Gulf of Georgia and the Straits of I uca, and especially the island of San Juan, which is considered valuable from its position. This government has no doubt but that k\ K 228 ISLAND OP SAN JUAN. the Canal de Haro is the true boundary contemplated by the treaty of 15th Junfi, 1846. Tho- question of title has been ably discussed by our commissioner, Archibald Campbell, esq., and I will, in the course of a few days, cause an ab- stract of his argument to be i.iade out and forwarded to you. At an early day I shall also communicate to yo». the views of this government, in reply to the note of Lord John Russell, dated the 24th ultimo, of which a copy has been sent to you. In the mean time the papers which accompany this despatch will make known to you the state of filings ia that quarter, and also the complaints and claims of the British governn^ent. I have had a good deal of conversation with Lord Lyons on this subject, t.nd I have assured him of the regret of the Presi- dent at the recent difficulties at San Juan, and his confident hope that, by the moderation and friendly feeli.igs of the two governments, it will be attended with no serious consequences. I am, sir, your obi'dient servant, LEWIS CASS. George M. Dallas, Esq. List of papers accompanying the above. Lord I-yons to General Cass, May 12, 1859. Lord J. Russell to Lord Lyons, with an accompaniment, August 24, 1859. Lord Lyons to General Cass, September 3, 1859. Same to same, September 7, 1859. General Cass tf) Lord Lyons, September S, 1859. Lord Lyons to General Cass, September 9, 1859. Mr. !Marcy to Mr. Crampton, with an accompaniment, July 17, 1855. General Harney to the A.-'sisiant Adjutant General, July 19, 1859. ]Mr. Drinkard to General Harney, September 3, 1859. The above papers are to bo found elsewhere in this report. 1 No. 11. Lnrd Lyons to Mr. Cass. Washington, October 1, 1859. Sir : I have received & despatch from Her ^.lajesty's principal Secretary of state for foreign afljiirs, in which his lordship adverts to the note wliich I had the honor to address to you, on the 12th ot May last, on the subject of the repoilti which had reached Her Majesty's government, of an intention on the part of citi- zens of the United States to take possession of the island of San Juan. In that note I stated the conviction of Htr Majesty's government that the Cabine of Washington would regret as much as Her Majesty's government tliat any loca collision should arise tending to embitter a discussion which might otherwls^e be conducted with cordiality and good will ; and also the hope of Her Majesty's government that citizens of the United States would be restrained, so far as the ir^'^titutions of their country admitted, from attempts to pettle, by any unauthor- ized acts of violence, a question which there would probably be little difficulty in arranging by amicable communication between the two governments. ?v'o answer has yet been made to this note but Her Majesty's government hv ^u convinced of the friendly disposition and loyal intentions of the Cabinet of Wii;>' ingtou, that they might not have thought it neceseary to revert to the subject hau they not learned that a report had reached this city that troops of the United StutLr» had actually taken pos.ieeisiou of the i,-laud of San Juan. ISLAND OP SAN JUAN. 229 Under tliese circumstances Her Majesty's government are anxious that my note should not remain unanswered. They cannot doubt that you, sir, will be ready to disclaim, on the part of the Cabinet of Washington, the having authorized, or having o , en in any way privy to these reported proceedings, and to give an assurance of the determination to discountenance and to repress, so far as the institutions of the United States will allow, all attempts to settle, by unauthor- ized acts of residence, a question which ought to be arranged by friendly discus- sion between the two governments, and with respect to which Her Majesty's government justly anticipated that I would have already entered into communi- cation with you, under the instructioiis contained in the despatch from Lord John Russell, dated the 24th August, of which I had the honor to place a copy in your hands on the 12th u.timo. I have thought it ray duty thus to make known to you the sentiments ex- pressed by Her Majesty's government upon becoming acquainted with the con- cise telegraphic intelligence which appeared in the newspapers of this cily on the 3d ultimo. I will not encroach upon your time by adding any observations of my own, either upon the detailed accounts which have since from time to time been received here from San Juan, or upon the frequent conversations which I have had the honor to hold with you respecting them. I will merely beg you to accept my best thanks for the information you have so courteously given me in the course of these conversations, and to believe that if I await witii some impatience a more formal and explicit communication from you, it is because I am persuaded that such a communication would be the most effectual means of displaying in their true light the just and friendly sentiments of the Cabinet of Washington. I have the honoi' to be, with the highest consideration, air, your most obedient, humble servant, LYONS. Hon. Lewis Cass, Secretary of State, Washington, D. C. No. 12. Lord Lyons t. Mr. Cass. Washington, October 10, 1859. SrR : Her Majesty's jyovernnient have received my report of the verbal com- munication which you did me the honor to make to me on the 5th of last month, with regard to the recent occupation of the island of San Juan by United States troops. It is satisfactory to Her Majesty's government to learn, as to the past, that G"noral Harney did not act on that occasion upon any order from the United States government, but entirely on his own responsibility. But, as to the future, Her Majesty's government cannot consider it satisfactory tl it my note of the 12th of May last should have remained without an answer. They have, consequently, requested me to press for au answer to that note, and to urge that orders be sent to the United States officers not to use military force on disputed territory without direct authority from the President, for Her Maj- esty's government cannot but think that if such acts are to take place by the sole direction of subordinate officers, and the President does not disavow them, the consequence must be as evil as if the President had authorized thbm from the beginning. I have the honor to be, with the highest consideration, air, your most obedient, humble servant, LYONS. Hon Lewis Ca«s, Sfc., ifc., Sfc. J m 230 ISLAND OF SAN JUAN. No. 13. Lord Lyons to Mr. Casi. Washington, Or.toher 15, 1859. Sir : I have the honor to inform you that I recfiivcd this morning, from Her Majesty's principal secretary of state for foreign HffiiirH, a despatch informing me that Her Majesty's government had had nndcir th5, he rcjdied, "entirely concurring in the propriety of the course recommended" to (iovernor Stevens, and expressing hi.s intention to advise a similar course on tin; part of tli(! local authorities of Great Britain. Nothing had been done on the part of the United States to change this condition of affairs at the time when 'lenenil Harney thougiit it nece-^sary, for the protection of American citiiscns, to direct a military force to take position thi order our m for. of an' the n you recei^ woult as yoi No. 2( Sir States bound *Tlie Ex. D( papers. ISLAND OP SAN JUAN. 231 on the island. In verbally communicating to you tViese facta, I also informed your lordship that General Scott had been ordered to Washington Territory with a view to ascertain the precise condition of affairs in that region, and with instructions calculated to prevent any further conflict of jurisdiction on the island, pending the negotiation between the United States and Great Britain, on the subject of their mutual claims to it under the treaty of 1846. The Presi- dent fully concurs in the opinion expressed by Governor Marcy, that the island is a part of the possessions of the United States, and he confidently hopes that this may be soon established by friendly discussion, without further collision of ly character between the citizens and subjects of the two countries, residing iu the vicinity of the island. Thinking it quite right that what has thus been stated in conversation should be repeated in a more distinct and formal manner, the President has instructed me to address to you this note, and to enclose to you copies of the instructions recently issued on the subject by the [acting] Secretary of War to General Scott,* and by this Department to the governor of Washington Territory. In the transmission of these copies, I trust you will see renewed evidence of the desire of this government to maintain the most frank and friendly relations with that of Great Britain. I embrace this opportunity of renewing to your lordship the assurances of my high consideration. LEWIS CASS. Lord Lyons, 8fc., S(c., 8fc. Mr. Cast to Governor Gholson. Department of State, Washington, September 15, 1859. Sir : The information which has reached here, showing the serious state of things connected with the island of San Juan, has induced the President to order Brevet Lieutenant General Scott to that quarter to take the command of our military and naval forces, with such instructions as the circumstances call for. It is to be hoped that a firm and discreet course will prevent the occurrence of any further difficulties there, so that the matter in dispute may be settled hy the respective governments. General Scott has been requested to explain to you the views of the President, and also to show to you the instructions he has received. I write you by the direction of the President, who desires that you would co-operate with General Scott, and exert your official authority, as well as your personal influence, to carry into effect the objects committed to him. Very respectfully, your obedient servant, LEWIS CASS. Richard D, Gholsov, Esq., Governor of Washington Territory, Olympia, W. T. No. 15. No. 209.] Mr. Cass to Mr. Dallas. Department op State, Washington, October 20, 1859. Sir: "When the treaty of 1846 had been concluded, between the United States and Great Britain, it was believed that all controversy concerning the boundary between their respective possessions on the northwest coast of Amer- *Tlie iiistiuction to General Scott h datinl IGth September, 1S59, and is priuted in Senate Ex. Doc. No. 10, :i()th Congress, 1st session, p. iJ2 a copy of which accompanies these papers. (Seep. ICO.) k , -4 V is, i\ i i V "N 232 ISLAND OF SAN JUAN. ica was forever set at rest. In order to accomplish this result, the United States liad relinquished its title, which it regarded as clear and unquestionahle to all that portion of Oregon Territory which was included between the paral- lels of 49° and 54° 40' north latitude, and, for the sake of p*^ace, consented to a deflection from the 49th parallel, so as to leave Vancouver's Island undivided to Great Ihitain. After these concessions, I need not explain to you with what regret and disappointment this government now finds its title drawn in question to still other territory, south of the paiallel of 49°, its right to which it was thought was beyond any possible dispute. When the first doubt concerning it •was suggested, it was hoped that it might be readily determined by the commia- eioners who should be appointed on the part of both governments to survey and mark out the treaty line. You are aware, however, that the commissioners appointed for this purpose were unable to agree as to that part of the boundary which lies between the point of deflection on the 49th parallel and the Straits of Fuca, and that they reported their disagreements to their respective govern- ments. A new subject of difivrence has thus arisen between the two countries, the adjustment of which, we are admonished by recent events, cannot be long delayed without serious hazard to their friendly relations. It is doubtless in this view of it that the British government has recently proposed to the United States to adopt what it regards as a compromise line of boundary between the conflicting claims of the two commissioners. This proposal is made in a de- spatch from Her Majesty's principal Secretary of state for foreign affairs to Lord Lyons, tlie British minister, in Washington, dated August 24, 1859, a copy of which he was directed to furnish to this Department, and of which a copy will alf'o accompany this note. The President has not failed to consider this despatch with all that attention that is due to the importance of its subject, and he cordially reciprocates the desire expressed by Her Majesty's government for a •' mutually satisfactory and honorable settlement of the question" in controversy. He concurs also with Lord John Russell, that after the gradual disappearance, one after another, of 60 many of these points of differerice which have disturbed the relations of the two countries, no reasonable doubt should be entertained that this new question which has arisen will, in like manner, be amicably adjusted. It is impossible, however, to reconcile these just and friendly sentiments of his lordship with the declaration which is made in another part of the same despatch, tl.ttD the British government is already determined, under any circumstances whatever, to main- tain its right to tlie island of San Juan : •' The interests at stake in connection with the retention of that island are too important," it is said, " to admit of compromise, and your lordship will consequently bear in mind, that whatever arrangement as to the boundary line is finally arrived at, no settlement of the question will be accepted by Her Majesty's government which does not provide for the island of San Juan being reserved to the Briti.sh Crown." If this declaration is to be insisted on, it must terminate the negotiation at its very threshold ; because this government can permit itself to enter into no dis- cussion with that of Great Britain, or any other power, except upon terms of per- fect equality. And when Her Majesty's goverumentdeclares that it will neveryield iis right to the island of San Juan, this goveriunent has only to declare a sim- ilar determination on the part of th(i United States, in order to render any fur- ther di.-Jcussion of the subject entirely fruitless. I cannot persuade myself, how- ever, that any such result as this was contemplated by Her Majesty's govern- ment, or that the United States could have been expected to enter upon a nego- tiation where its own claim was excluded in advance, and the only adjustment !)ossible was that claimed by the opposite party. But for this confidence which le feels in the good intentions of Her Majesty's government, the President, I am instructed to say would not feel himself at liberty to entertain the proposi- tion of Lord John Russell, even for the purpose of discussion ; and it is only ISLAND OF SAN JUAN. 233 because he believes that the objectionable declaration by which it is accompa- nied will receive a prompt cxpl.ination or withdrawal, that he has instructed mo to offer some observations in respect to it. The proposition being a proposition of compromise, assumes, of course, that the difference between the two governments, as to the meaning of the treaty, iu that part of it which is in controversy, is wholly irreconcilable. The Presidcuit is not prepared, however, to reach this conclusion until every reasonable effort baa been exhausted to avoid it, and he cannot help expressing his regret that the British government should have thought it necessary to abandon the treaty line for a line purely arbitrary, before any discussion whatever liad been had on the subject with the United States. It is quite true that the commissioners of the two countries, who were appointed in 1856, failed to reach an agreement as to the water boundary between Vancouver's Island and the continent, but this very failure may huve been induced by the conviction — with which the British commissioner seems to have entered upon his work — that a disagreement was inevitable. Sucli a result was even contemplated in the original instructions, under which Captain Prevost commenced his labors, and he was authorized, in view of it, to propose the very compromise which is now suggested by Lord John Russell, while he appears to have received substantially the same caution, with respect lo the island of San Juan, wliich is given to Lord Lyons iu the annexed despitch. Without entering into any comment upon the peculiar character of these instructions, or undertaking to determine how lar they influenced the course of the Britisia commissioner, I think they are calculated to explain, in some measure, the failure of the commission, and to justify the hope wliich the President still entertains, that the true line of the treaty may yet be agreed upon by the two governments. The treaty provides that the boundary line shall " be continued westward along the said 49th parallel of north latitude to the middle of the channel which separates the continent from Vancouver's Island, and thence southerly through the middle of said channel, and of Fuca's Straits, to the Pacific Ocean; provided, however, that the navigation of the whole of said channel and straits south of the 49th parallel of north latitude remains hee and open to both parties." It is much to be regretted, undoubtedly, inasmuch as the present controversy has arisen, that there was not annexed to the treaty of 1846 any map or chart by which the true meaning of the expressions made use of iu this article could be authoritatively ascertained. Unquestionably, however, this subject was occasioned, and the terms of the article are less precise than they would otherwise have been, in consequence of the conviction of the negotiators of the treaty that their purpose in framing it was too clear to be misunderstood ; and that, when this purpose was known, two great nations could never enter into conflict about the collocation of words, or the signification of a doubtful phrase. In this be- lief, I am persuaded that the negotiators were only just to their respective gov- ernment-i, and that, if the purpose of the article can be at once determined iu harmony with the general tenor of its language, this discussion will be forever terminated. It is to this inquiry, therefore, tliat I shall first address myself. The Oregon negotiation which resulted in the treaty of 1846 originally in- volved, as you are aware, the whole of that territory west of the Rocky Moun- tains, between the parallels of 42° and 54° 40' north latititude, which is now occupied south of the British line by the State of Oregon and the Territory of Washington. When President Polk came into office in 1845, he found this whole region still iu the joint occupation of the United States and Great Brit- ain, under the treaty of 1827. Repeated efforts had been made to accomplish an amicable division of the territory between the two countries upon the basis of the parallel of 49<^, and a proposition for the compromise was actually pend- ing in Wasiiington when Mr. Polk became Preside Under these circum- stances he felt himself bound to continue the negotiai.jii, although iu his inaugu- ,1^ i § 1 i! . ft' y 234 ISLAND OF SAN JUAN. ral address he had declared his full conviction that we had a clear title to the whole territory. He repeated the offer, therefore, which Great Britain had pre- viously declined, to adopt the parallel of 49® as the boundary between the United States and that government, and he ofl'ered in addition to make free to Great Britain any port or ports on Vancouver's Island, south of that parallel, which the British government might desire. In his note of July 12, 1845, an- nouncing to Mr. McLane, who was then the American minister, that this offer had been made, Mr. Buchanan, the Secretary of State, took care to explain that it was only made by the President in deference to the repeated action of his predecessors, and that with a single exception it was to be regarded as the ultimsitum of this government. " From what has been said," he writes, •' you will perceive how perfectly impossible it is for the President to accept any terms of compromise which would bring the Britsh south of the parallel of 49°, and this you may intimate to the British ministers in conversation, should you deem it wise under the circumstances. The only exception to this rule which could possibly be made, might be the concession for an adequate equivalent of the small cape of Vancouver's Island south of this latitude." The offer, how- ever, was rejected by the British minister in Washington, and was immediately withdrawn. Great Britain being infonned, at the same time, that it would not be renewed, and that no further proposition would be made by the United States. It remained for the British government, therefore, to determine what other steps, if any, should be taken to continue the negotiation. The first proposal which was then made was a proposal for arbitration, and this was declined by the President, for the avowed reason, among others, that its acceptance might pos- sibly result in bringing the British possessions below the parallel of 49°. Meanwhile a resolution was passed by the Senate, advising the President to give the necessary notice to terminate the treaty of 1827, which provided for the joint occupancy of Oregon — and this notice was given. In this serious condition of affairs, renewed efforts were made through Mr. McLane, in London, to induce the President to repeat his offer of July 12, which had been rejected by Mr. Pakenham, without any reference of it to his govern- ment, but the President refused to change his position. In reference, however, to that or any similar offer which might be made by Great Britain, he made no secret of the course which he might be expected to pursue. " He could not now authorize," Mr. Buchanan wrote to Mr. McLane, on the 29th January, 1846, "the conclusion of a treaty on that basis. But the Senate, his constitu- tional advisers, are now in session. The question of peace or war may be in- volved in the issue. ***** j^ deference to the Senate, under these circumstances, he would in the first instance feel it to be his duly to submit such a proposition for their previous advice. * * * i^ijg President will accept nothing less than the whole territory, unless ..he Senate should otherwise determine. The only question which he will decide is, whether the new proposition, should any such be made, be of a character to justify its submission to the Senate for their previous advice." With these views before him, and which were communicated to Her Majesty's government, Mr. McLane was authorized to receive and transmit to his government any proposition which Lord Aberdeen might make to him for that purpose ; but the negotiation was in no event to be transferred to London. On the 15th of May the proposition seems to have been determined on by Great Britain, and Mr. McLane was then for the first time informed of it. " I had a lengthened conference with Lord Aberdeen," he wrote to Mr. Buchanan on the 18th of May, "on which occasion the resumption of the negotiation for the amicable settlement of the Oregon question, and the nature of the proposition he contemplated submitting for that purpose, formed the subject of a full and free conversation. I have now to stiite that instructions will be transmitted to Mr. Pakenham by the steamer of to-morrow, to submit a new and further proposition on the part of this govern- ISLAND OF SAN JUAN. *236 ment for the partition of the territory in dispute. The proposition mnni prob* ably will offer substantially, first, to divide the territory by tlioiixttMiMiiHi of'tbo parallel of 49° to the sea — that is to say, to the arm of the nan v,a\\ft\ WkcWti Bay — thence by the Canal de Haro and Straits of Fuca, to the oct'uii, n\u\ con- finning to the United States (what indeed they would posHuitA wlMioiit nuy special confirmation) the right freely to use and navigate the (ttriiit tlit'ouKboiit its extent," After further describing the proposal, Mr. McLano addn, tli/if, tiM hiin reason to know that it is not an ultimatum, but that Mr. l'ak«nh»iri would have no authority to modify it without consulting his governnmut, nn«l ho ox* pressed also the confident opinion that it will not be possible to obtniii th instead of conceding the territory itself. Graat Britain, however, r^fusjul to yield, and the deflection was finally adopted. It was adopted for tho sltitflo purpose of leaving Vancouver's Island undivided. Tins was all that tlio British government claimed, and this was all that the American govorniiiMtifc con ceded. Mr. Buchanan had written to Mr. McLane, that except, for this piirposo* the President would never consent to bring the British boundary a sln| V ■1^ ^A M 236 ISLAND OF SAN JUAN. able doubt, tberefore, tbat, in tbo langnngo employftd by Senator Benton, in bis speech in support of the treaty, '-the Vuu) established by that article (the lat] • • • follows the parallel of 49'^ to the sea, with a slight deflection to avoid cutting the south end of Vancouver's Island." This being ostabli shed, it remains now to inquire in what manner the intention of those who negotiated the treaty was carried into effect. With respect to that part of the line of boundary which, in the words of the treaty, "shall bo continued westward along the said forty-ninth paralh;] of n. rth latitude to the middle of the channel wliicli separates the continent from Van- couver's Island." there appears to be no dispute, and there is noconflict either as to that part of it which leads through the Straits of Fuca to the oc(!an. The only portion df it which is called in question is that which loads from the point of deflection on the forty-ninth parallel to Fuca's Straits ; and oven here I am unable, I confess, to appreciate the difficulties by which Iler Majtisty's govern- ment seems to be embarrassed. The words of the treat^r are : " through the mid- dle of said channel and of Fuca's Straits to the Pacific Ocean " Ordinarily, and in the absence of any other controlling circumstances, the way which would be selected from one given point to another would be the shortest and the best way. In the present case this is the Canal de Ilaro, which is, undoubtedly, the broad- est, the deepest, and the sliortest route by which the Straits of Fuca can bo reached from the point of deflection. This pre-eminence was aivim to it by DeMofras as long ago as 1841, and it has been fully confirmed.hy subsequent surveys. The Canal de Haro may, therefore, be fairly regarded, frrim its own intrinsic merits merely, as the main channel down the middhi of which the treaty boundary is to pass to the Straits of Fuca. It is the only channel, moreover, which is consistent with the purpose of those who JU!gotiated the treaty, for it is the only channel which separates Vancouver's It^land from the continent without leaving something more to Great Britain sonth of the forty- ninth parallel than the southern cape of that inland. The llosario Channel clainied by Captain Prevost would surrender to Great Britain not otdy Vancou- ver's Island, but the whole archipelago between that island and itself; while the middle channel, which is proposed as a compromise by Lord John Russell, would in like manner concede the important island of San Juan. These con- siderations seem to be almost conclusive in favor of the Haro Channel. But they are abundantly confirmed by evidence contemporaneous with the negotia- tion of the treaty. The description given by Mr. McLane, immediately after he had an interview on the cu'uject with Lord Aberdeen, of what the British proposal would be, has already been mentioned, and carries the line in so many words down the Canal de Haro. Equally clear is the statemctnt of Senator Benton as to what the proposition was. Colonel Benton was one of the most earnest members of the Senate in his support of the treaty ; and he was bcittor acquainted, perhaps, than any other member with tlie geography of the region vn dispute. His construction, therefore, of the treaty, at the vi'(>()vi)r, (joct of consideration in 18t(i, and both of whom seeii *o have no other resort for the meaning of the treaty but the language of the treaty itself. Whatever may have been the view i.-nter- tained of it, however, by the British government, it is qiiiti* certain now that it is, on the whole, the best channel within the spac(! in qneHtinn, while from the point of deflection ou the forty-ninth parallel to the Htraits of Fuca it is, by very far, also the shortest passage. Even, therefore, if It were to Im conceded that the channel of the treaty is an impossible one, the (Jaiial de Haro would eeem to be pointed out, by its position and character, as tho best line of agree- ment whicli could possibly be selected. The Douglas Channel, which is sug- gested by Lord John Russell, is admitted, (on the contrary,) to bo an inferior channel, scarcely capable of navigation, except for steamers, and is chiefly recommended for adoption because it would leave the island of Han Juan to Great Britain. In this point of view it is urged with much earnestnesH by his lordship, upon a consideration of what is alleged to be the great importance of the island to Great Britain, and its comparative worthleHsnitsH to the Uniti.'d States. This consideration seems to be pressed, moreover, with the greater confidence because his lordship seems to tliink that it was under the iniluenco of a similar argument that Great Britain yielded to this government, both iu 1842 and 1846, the larger portion of the territory which on 'gioti. t^ Thai on846hJ ISLAND OF SAN JUAN. 243 A sbip's coiu- Imnd, clionB iin all I havfi already, in my despatch No. 114, of the 29th ultimo, instructed you to explain to the United States government the sense in which I had stated, "that no settlement of the question will be accepted by Her Majesty's govern- ment which does not provide for the island of San Juan being reserved to the British Crown." Your Lordship is aware that the question in dispute was not restricted to the island of San Juan only. The commissioners, indeed, seem to have been agreed as to the general direction which the boundary line, running westwards from the continent, should follow on roachlng the centre of the Gulf of Georgia; but as to the particular course which it should take in order to arrive at the Straits of Fuca, the divergence of opinion was extreme. Captain Prevost considered that the line should be continued down the Rosarlo Strait. Mr. Campbell held that it should be run through the Haro Cliannel. The contest was not, there- fore, a contest for the island of San Juan only, but it also embraced the im- portant islands of Lopez and Orcas, and the cluster of smaller islands in their immediate neighbor! lood. In short, the area in dispute, was the whole archipel- ago lying between Rosario Strait and the Haro Channel. In pointing' out, therefore, to your Lordship that in whatever manner the question was ultimately settled. Her Majesty's government could uot yield the Island of San Juan, Her Majesty's government were, by implication, abandon- lug a large part of the territory they had claimed, and were merely insisting on the retention of an island, which, /rom the peculiarity of its situation, it was impossible for Her Majesty's government to cede without compromising interests of the gravest importance. The government of the United States further takes exception to the tenor of the instructions given to t!ie British commissioner, as limiting the free exercise ofhls judgment in regard to the island of San Juan. Her Majesty's government cannot admit that a government is precluded from laying down rules for the guidance of its commissioner, or from restricting his discretionary power, within certain bounds; but the fact is, that, by the instrnc- tious with which Captain Prevost was furnished, he was authorized, in case he should be of opinion that the claims of Her Majesty's government, to consider the Rosario Strait as the channel of the treaty, could not l>e -ustained, to adopt any other intermediate channel on whicl' he and the United States commis- sioner might agree. The government of the United States aeimadverts i>\\ the contingen(\ nf a disagreement between the commissioners, haviii>;' hi u contemplated by those instructions, and alludes to Captain Prevost having lieen authorlzeil to propose tlio very ctmipromise which you were instructed, by my despatch, N >. 43, of the :i4th of August, to offer. But it surely is uot unreasonable in entering into ^-^ negotiation to cont- aiplate the possibility of failure, and to provide for such a contingency ' y directing, in that case, a compromise to be proposed ; and it appears to H' Majesty's gov- I'lument that no other inference can fairly be drawn from this circumstance, than that the British government were always ready, with a view to a good understanding with that of the United States, to waive their extreme .aim, and to agree to divide between the two states the islands over which t' y severally cliiiiued exclusive sovereignty. 1 now pass to a consideration of the main portion of General Cass' note. There are three! points of importance which the Secretary of State relies upon ill support of the United States claim : 1. That the 49th parallel of north latitude was fixed by common consent as the houndary between the respective possessions of the two countries in that region. 2. That the Haro Channel was the channel which the negotiators of the treaty of 1846 had in view ; and 244 ISLAND OF SAN JUAN. I 3. That the channel described in the treaty answer to that channel. With respect to the first point, the Secretary of State argues on the assump- tion that the title of the United States to the whole of the territory included between the parallel 42° and 54° 40', north latitiid'!, had been clear and unqueg tionable, and he would consequently leave it to bo inferred that Great Britain holds her present possedsions in that quarter, not in virtue of any right or claim which she may have previously posHeescdf but solely through the con- cessions made to her by the United States in the treaty of 1846. Undoubtedly, the title by which Great Britain now holds British Columbia and Vancouver's Island is the same as that by which the United States possess the Oregon State and Washington Territory, viz, the treaty «>* 1846 ; but when General Cass asserts that previously to that treaty the title of the United States to the whole of the territory between the paralhtis of 42° and 64° 40' had been clear and unquestionable, Her Majesty's government can only reply that, in their opinion, it was the title of Great Britain to that territory which was clear and indisputable. It would serve no good purpose, however, to reopen a question which was settled by the treaty of 1846, and I shall, tlicrefon;, only observe that the prin- ciple that both countries had claims to the disputed Territory was recognized by the convention of 1818 and 1827, and by the joint occupancy established on the failure of the attempts to effect an <'(iuitable partition of that Territory. General Cass goes on to say that when Mr. Polk liecame President, in 1845, the United States government repeated the offer which the British government had previously rejected, of the parallel of 4!)° as the boundary, and that it fur- ther offered to make free to Great Britain any port or ports in Vancouver's Island, south of that parallel, which th<; BritiHh gov(!rnment might desire. Gen- eral Cass says, truly, that the British envoy iniraediately rejected that offer. The words employed by Mr. Pakenham were, " that he trusted the American plenipotentiary would be prepared to offer Home further proposal for the settle- ment of the Oregon question more consistent with fairness and equity, and with the reasonable expectation of the Britinh government." After dwelling upon the courpe taken by the I'nited States government, with the view of maintaining its claim to the territory south of the 49th parallel. General Cass reverts to Mr. McLane's ro'tfv* f^^ ..iiat passed at the interview which he had with Lord Aberdeen, on the 15th of May, 1846 ; and General Cass states that Mr. McLane wrote subsecjuently to his own government that 1« thought the substantial "offer" of the Ilrili«h government would, *' probably," be, "to divide the territory by the extirtision of tlu? parallel of 49° to the sea — that is to say, the arm of the sea called Hirch's Bay, thence by the Canal de Arro, and Straits of Fuca to the ocean." General Cass goes on to say llmt Mr, Benton spoke of the Canal de Haro, in the Senate, as the channel which had himu agreed upc»n ; and that Mr. Buchanan, who signed the treaty, wart cqnali} ixplieit in his iiiiderHtanding of that part of it which relates to the water boundary. And he further refers to the despatch of Lord Aberdeen which acconipanifd the iinal draught of the treaty, "as plac- ing beyond controversy the object which was intended by deflecting the treaty boundary south of the parallel of 40'^." As General Caes has alluded Ut Lord AIm rdeen's despatch, I shall proceed to quote, not an isolated expresi^ion i^uch nr* that wliieli Mr. Caini»bell was able to repeat from his recollection of what was t(dd hint by Lord Napier, but a full extract of that portion of Lord Aberdeen's d< -patch which deals with the ques- tion of the 49th parallel : The boundary [Haid Lofd Abcrdft-n] havliiij li< en ttxvA by the convention of 1618, bp- twenn t)io pu88i^<4i«iun-< of Uriuit ISiitain iind l\m llii. <«! Htiiti'H, itnd tbtt lino of deniarcutiou h.'ivinjjf bcin carried alonpf tbe 4!>tb piimili'l <»t luiitiidc, fur it diMtnnoc of Hid or I, OHO niilch, tbrouf^b iiu unfrcqucnttid mu\ unknown countr} . Iiotn tbt; Liik<' of tbo Woods to tlut liwky Muuntaius, it appeared to tbe guveruuieut ul ibo United Htaten tbat it was a uaturul uud t ISLAND OF SAN JUAN. 245 nasonable RTigpfestion that this line should be continued a1on(r the same parallel for about '•alf this distance, and throupli a country as little known or frequented, from ihe Rocky Mountains to the sea. Ami, indeed, with reference to such a country, the extension of any line of boundary already fixed misrht equally have been suggested, whether it had been car- ried along the 49th or any other parallel of latitude. On the other hand, however, it may justly be observed that any division of territory, in which both parties possess equal rights, ought to proceed on a principle of mutual convenience, lather than on the adherance to an imaginary geographical line ; and, in this respect, it must be confessed that the boundary thus proposed would be manifestly defective. It would exclude us from every commodious and accessible harbor on the coast ; it would deprive us of our long-established means of water communication with the interior for the prosecution of our tracfe ; and it would interfere with the possessions of British colonists resident in a dis- trict in which it is believed that scarcely an American citizen, as a settler, has ever set his foot. You will accordingly propose to the American Secretary of State that the line of demarca- tion should be continued along from the 49th parallel, from the Rocky Mountains to the sea- coast, and from thence, in a southerly direction, through the centre of King George's Sound, and the Straits Juan de Fuca, to the Pacific Ocean, leaving the whole of Vancouver's Island, with its ports and harbors, in the possession of Great Britain. In a separate despatch, of the same date, Lord Aberdeen enclosed to Mr. Fakenham a draught of the treaty of 1846, which was accepted, as is stated by General Cass, by the United States government, without alteration. General Cass will perceive from the extract which I have quoted above from Lord Aberdeen's despatch, that Lord Aberdeen specified King George's Sound as the channel down which the treaty boundary was to run. What Lord Aber- deen meant by King George's Sound may be clearly inferred from an extract which I shall quote from a letter addressed to him, at that time, by Sir John Felly, the then governor of the Hudson's Bay Company, giving a summary of a conversation which he had held with Lord Aberdeen on the 16th of May, namely, two days before the date of Lord Aberdeen's despatch to Mr. Faken- ham: I have been considering the subject on which I had the honor of conversing with your lordship on Saturday last, and feeling that, in the multiplicity of business whicii comes be- fore your lordship, some parts may have been overlooked, or that I may not have been suffi- ciently explicit, I have thought it advisable to trouble you with a few lines. In the first place, I assume that the 49th degree of latitude, from its present terminus, will be continued across the continent to the waters known as the Gulf ot Geoi'gia, and be the line of demarcation of the continent between Great Britain and the United States. The next question ou which the government of the two countries will have to decide will be as to the islands abutting on and in the Gulf of Georgia, viz : one Vancot."er Island, intersected by the parallel of 49°, and others which are wholly on the south of that parellel. With respect to the former, I think upon the principle of mutual convenience, (and which I think should form the foundation of tbe treaty,) Great Britain is entitled to the harbor ou its southeast cud, being tlie only good one, those in Puget Sound being given up to the United States ; that with respect to the other islands, the water dei"arkation line should be from the centre of the water in the Gulf of Georgia in the 49th degree along the line colored red, as navigable in the chart made by Vancouver, till it reaches a line drawn through the centre of the Straits of Juan de Fuca. The only objection to this is giving to the United States the valuable island of Whidbey ; but I do not see how this can bo avoideu in an amicable adjustment. No inference can be fairly drawn from Lord Aberdeen's silence on the subject of the islands of the archipelago than that allusinn was made only to the broad geographical features, the mention of which was suffered to bo sufficient for the matter under discussion. It is to be observed, moreover, that Lord Aberdeen was fully alive to the im- portance of securing access to the British possessions, and that he declined accordingly to accept a boundary •• which would exclude us from every, com- modious and accessible harbor on the coast, and which would deprive us of our long established means of water communication with the interior," stipulations which the British government felt that it was entitled to insist upon, in considera- tion of the vast extent of territory, including the valley of the Columbia, and a valuable sea-coast, which it was prepared to surrender to the United States, in order to arrive at an amicable adjustment of the question in dispute between the two countries. I 246 ISLAND OF SIN JUAN. I I i Having, I trust, sufficiently sliown the intentions of the British government as regards the water boundary when they made the propopal which was adopted in the treaty, I shall advert to Mr. Crampton's report of what passed between him and Mr. Buchanan, in January, 184S, as showing, iirst, that the government of the United States has long been aware that its claim totheHaro Channel as the boundary of the treaty was not admitted by Her Majesty's government ; and, secondly, that the Secretary of State of the United States, who signed the treaty of 1 846, did not at that time contend that the treaty gave to Great Bri- tain anything more than Vancouver's Island. Mr. Crampton on that occasion had stated to Mr. Buchanan the reason which induced the British government to maintain that the Rosario Strait was the channel spoken of in the treaty, and he accordingly suggested that the instructions to the commisioners to be appointed for marking out the boundary should be drawn up on the assumption that the line was to be run down that strait. Mr. Crampton reported that Mr. Buchanan, " speaking of the word ' chan- nel ' as employed in the convention of 1846, observed that he himself, and he presumed Mr. Pakenham, in negotiating and signing that convention, had always conceived 'channel' to mean the main navigable channel wherever isituaied " After some further remarks Mr. Buchanan suggested that the point should be left for decision by the commissioners. If Mr. Buchanan was of opininon that the channel spoken of in the treaty was the " main navigable channel " wherever situated, and if that question was to be decided by commissioners, how can it be contended that the United States government understood the treaty as giving to Great Britain nothing beyond Vancouver's Island ? But General Cass, in his anxiety to prove that the Rosario Strait is not the channel of the treaty, asserts that it cannot properly be said to flow into the Straits of Fuca at all. I must confess myself unable to comprehend what General Cass means by that assertion. Surely he caimot desire to confine the appellation of " Straits of Fuca " to the mere point at which those straits communicate with the Paci- fic? 1 can hardly imagine that such a proposftion can have been seriously en- tertained by General Cass, and the less so, because General Cass cannot be ignorant that the appellation of Strait of Fuca has, by one writer at least, and that one an American writer, namely Greenhow, been applied to the whole of the water s|)ace separating Vancouver's Island from the continent, between the 48Lh and -OOth parallels of latitude. General Cass expresses surprise because I said in my former despatch that the British government, in 1846, believed the Ilaro Channel to be a dangerous passage, and he adds that that channel had been examined by Captain Wilkes while on his Exploring Expedition. Now Iler Majesty's government never in- tended to assert that the llaro Channel had on no occasion, before 1846, been visited by any mariner. What they meant to convey is, that before 1S46, the Rosario Strait, and not the Canal de Haro, was the channel ordinarily used by shipping ; and they continue to maintain that the channel now known as Rosario K^trait had always been regarded as a continuation of tin; broad space of water called at the present day tlie Gulf of Georgia, whereas the Canal de Haro was looked upon as an independent channel. Tiie names " Gulf of Georgia" and "Canal (le Rosario" are indeed regarded by some writers as synonymous terms. De Mof'ras, who has been (juoted by General Cass as speaking of the Canal de Ilaro as " le passage le plus facile," adds later on, "dans cette partie" ithat is to say at the .OOtli jtarallel) " le bras qui sc'pare le continent de I'ile de (j|uadra ( t Vancouver ac'(|iiiert une largeur de (juatre a sept lienes. Lr.s EspuLmols rii/'lii'li'iiiit Cdmil del liti.sdiio ; mais Vancourvr tut sohi de chaiigcr re nam in II I III de (iitlj'r de LliorgirV A^iiiu (jlrteuhow, who cannot be suspected of any leaning towards the than I Sir intim the \ artic Tl has c met b be dis John Ben to witho the di ira( State; by V, assent M'as tl c'ltisiv) treaty, AV !>% ISLAND OF SAN JUAN. 247 rev 111- bccii G, tlitJ dby wattT WilJ^ and ti'inis. lual (le tliat irt {uailva fio/ii <" •da llic British claim, unconsciously gave strong testimony in favor of that claim. "When speaking of the meeting of tlie British and Spanish exploring vessels in 179'2, in the middle of the gulf, and of their having agreed to unite their labors, he says: "During this time they surveyed the shores of the great gulf above men- tioned, called by the Spanish 'Canal del Rosario,' and by the English t?/e Gulf of Georgia, which extended northwestward as Jar as the 50th degree of latitude" But General Cass observes that the Gulf of Georgia is not mentioned in the treaty. This is no doubt true ; but Lord Aberdeen, in the despatch which ac- companied the draught of treaty, instructed Mr. Pakenham to propose that the line should be run down tlie centre of the Gulf of Georgia, called by him " King George's Sound ;" and as I have already shown that the terms " Gulf of Georgia," and " Canal de Rosario," have been indifferently applied to one and the same channel, a clear indication is aiforded by Lord Aberdeen's despatch of the direction which he intended that the boundary line shoxild take At all events we may appeal to Lord Aberdeen's despat^'i as giving a more satisfactory and complete key to the meaning of the tern, channel," spoken of in the treaty, than the despatch of Mr. McLane, which refers to "Birch's Bay/' and the "Canal de Arro," neither of which are mentioned in the treaty any more than the Gulf of Georgia. Mr. McLane's despatch shows what he thought Lord Aberdeen would pro- bably instruct Mr. Pakenham to propose ; Lord Aberdeen's despatch proves what he actually did instruct Mr. Pakenham to propose. General Cass refers, moreover, to Sir R. Pakenham's memorandum as evi- dence against the British claim ; but your lordship will observe that Sir R. Pakenham's obj( ct in that paper was not so much to enter upon the question, as to what were the intentions of the negotiators of the treaty, as to offer an opinion as to how far, with the information since acquired by the two govern- ments, the boundary line could, according to the literal words of the treaty, be carried down either the Canal de Haro, or the channel of Vancouver. Sir R. Pakenham seems to think tliat the conditions of the treaty would ob- tain their most exact fultilment if the line were carried through the Douglas Channel. According to General Cass, Sir R. Pakenham adds that he has no recollection whatever that any other channel was designated in the discussion than that described in the language of the treaty. I must beg lea^fi, however, to correct General Cass upon this point. What Sir R Pakenham adds is, that the treaty was signed and ratified "without any intimation to us whatever, on the part of the United States government, as to the particular direction to be given to the line of boundary contemplated liy article first of the treaty." These observations suffice to show that the arguments which General Cass has drawn from the supposed intentions of the negotiators of the treaty, can b*} met by arguments of at least equal weight on our side ; but, however we may be disposed to rely on the instructions of Lord Aberdeen and the letter of Sir John Pelly, and the United States on the statements of Mr. McLane and Mr. Benton, it must be confessed on both sides that the interpretation of one party, without the expressed assent of the other, goes but very little Avay to remove the difficulty. Had Lord Aberdeen and Sir John Polly obtained the consent of the United States government to tlunr views in favor of the clianiiel marked as navigable by Vancouver, or had Mr. ^ioLane and Mr. Senator Benton obtained the airsent of Lord Aberdeen and Mr. Piikenluun to their opinion that Haro's Su.iii was the channel intended by tlu^ treaty, sucli agreement would iiave been con- clusive But scpiirate interpretations, not communicated to the other party to a tienty, cannot be taken as decisive in a disputed question. We are forced, therefore, to recur to the words of the treaty, and Her Majes- i 248 ISLAND OF SAN JUAN. k ty's government are rearly to disavow any intention of " abandoning the treaty line for a line purely arbitrary." "The treaty provides," General Cass truly says, "that the boundary line shall be continued along the said 49th parallel of north latitude, to the middle of the channel which separates the continent from Vancouver's idand." Let us stop here ; we have here something fixed, namely, a point on the 49th par- allel of latitude, and half way between the continent and Vancouver's Island. The article proceeds, "and thence southerly through the middle of said channel." Here the meaning of the negotiators appears clear ; the boundary line is to go " through the middle of the said channel." If the whole space between tlic continent and Vancouver's Island had been occupied by water, there can be no doubt that the words " middle of the said channel" would have been interpreted to mean, drawing the line along the middle of the channel. "When you say along the middle of the road, you do not mean one side of the road. When you say along the middle of the street, you do not mean one side of the street. But it happens that the channel is not an uninterrupted space of water, but is intersected by various islands ; hence the contested interpretation— one side contending for Haro's Channel, and the other for Vancouver's or the Rosario Channel. I need not refer further to the argument by which each nation has supported its views. But shall we not approach nearer to the spirit of the treaty, if, as Sir R. Pakenham suggests, we draw a line equidistant from the continent and Vancouver's island, and prolong it till we reach "Fuca's Straits and the Pacific ocean," words which complete the description of the boundary ? Or, again, if it would be inconvenient to both nations to have five or six islands partially divided between them, would it not be fair and expedient to look for a channel which shall be the nearest approximation to that line, mid- way between the continent and the island of Vancouver, which is designated by the treaty ? And if Douglas's Channel fulfils this condition, is it not the line most in accordance with the treaty, as well as with general policy and cenve- nience ? In treaties by which a water or river boundary is esfc uiished between two states — as, for instance, in the treaty between Great Britain and the United States of 1783 — the dividing line is usually run along the mid-channel or " Thalweg," leaving to one state or the other any island which may be in the channel, according as these islands lie on the one side or on the other of the dividing boundary, but seldom if ever mentioning such islands. The same principle may be applied to the treaty of 184G. The treaty continues the divid- ing line of the 49th parallel to a point in the water half way between the mainland and Vancouver's Island, and it says, in effect, that the boundary line shall be continued southward, along the middle of that channel— that is to say, along the middle of the space which lies between the continent and Vancouver's Island — till it reaches the Straits of Fuca. General Cass indeed observes, that the way selected should be " the shortest and the best way;" that the Canal de Haro is " the broadest, the deepest, and the shortest route," by which the Straits of Fuca can be reached from the point of deflection. But the treaty says nothing of the "best" way, nor of the "broadest," nor of the "deepest," nor of the "shortest" route. The reason is obviou.«. The object was not to enable vessels to reach the Pacific Ocean by the shortest route — that object is provided for by the other part of the article, which provides that the navigation of the whole of the said channel and straits south of the 49th parallel of north latitude shall remain free and open to both »)artiroV()M that this rule is peculiarly applicable to the present case. There are now shown to be two considerable channels, thfi CailtU d« llaro on the one sido, which passes close to the British territory of Vaiieouvm''M Inland, and the Rosario Channel on the other, which passes equally near to the Amer- ican possessions t)n tlie mainland. If the possession of Ban Juiiii would give to Great Britain the command of the Haro Chainiel, the poHM(«NHlon of the ad- joining islands of Orcas and Lopez would equally give to the United Hlftt4)« the command of the Rosario Channel, so that each country would aofftm Aud A safe highway to its possessions, free from all interference on the part of tltu other country. It is obvious that this would not be the case if San Juan woi* lit i\w ponnes- sioii of the United States, who would then hold the command of both (^haiinols. San Juan is therefore a defensive position if in the hands of Grout lli'ltAlii } it is an aggressive position if in the hands of the United States. Tho United Htates may fairly be called upon to renounce aggression ; but Grout Btilfilu unu hardly be expected to abandon defence. I have thus endeavored to meet the argument of General Cuiif), in A Hpirit, I trust, of calm deliberation, such as befits two governments who uro uluceroly desirous of arriving at a just solution of a question at issue between tlieui, Her Majesty's government recognize and appreciate the good faith und the regard for peaceful relations which have dictated the instructions to Gener/il Mcott, and relying on the friendly feelings of the American people, and o» tho euruent de- sire for peace which have been so often expressed by those In power Irt tho United States, Her Majesty's government will not permit thom»*elv«i* to IcUovo f. A 250 ISLAND OF SAN JUAN. that that governmont will decline the conciliatory oifcr of tho IhitiHli govorn- ment which your lordship \a liereby inBtrncted to rujM'at, You will, without loss of time, read this despatch to General Curti*, and leave with him a copy of it. 1 am, iS:c., &c., J. UU8SELL. Lord Lyons. I I No. 20. Mr. Cass to Mr. Dallas. No. 231.] Departmknt of Statr, Waskingfon, Fcbrunry 4, 18G0, g : You have already received a copy of Lord ,John RuhmoH'h note to Lord Lyons, dated December 16, in reference to the San Juan controvctrny, and I now f'riclose a copy of a previous note to Lord Lyons, dated November 29, which I think has not been transmitted to yon From this latter note, and especially from the conversation of Lord Lyons at the timi; it was left with me, I had little doubt that the reply of Lord John Rus- sell to my despatch of the 20th October would contnin such a withdrawal or ex- planation in reference to that part of his previous note to which I had felt obliged to take exception, as would relieve the discussion from any other em- barrassment than that which necessarily belongs to a controverted claim Thin expectation, however, has been wholly disappointed ; aiul the last note of Lfnd John Russell — that of December 16 — instead of containing any withdrawiil of the objectionable declaration referred to, distinctly ri-allirms it, while the only explanation offered is, that inasmuch as the island is important to (i reat Britain, therefore Great Britain means never to concede it. Sinccj the abandonment of Her Majesty's government of theRosario Channel, as the channcd intended liy the treaty, and the intimation now made by Lord John Russell that the l^oii;,^. lass Channel " is the line most in accordance with the treaty, as Widl as with gen- eral policy and convenience," the island of San Juan may fairly btermine the bou .df/y line according to the language of the treaty. I have already had occasion to express my regret that Her ]Ma- jesty's government did not feel itself at liberty to invest the British commis- sioner with the same discretion. I May be pardoned for suggesting that the course of the British government has not been marked by the same consistency of claim. In the beginning of the discussion it was stated by Lord John Russell, in his dispatch of August 24, 1859, that " the Brititjli commissioner was cl-arly of oj)ini()n tliat both the boundary intended by the plenipotentiaries who negotiated the treaty of 1846, and also the channel spoken of in the treaty, is the channel known as Ro.-i.Mio {Straits, and Her Majesty's government fully share tluit opinion." This opinion, liowever, was controverted by the statement of Lord Aberdeen, which was quoted in the same despatch, who is cftrtaiu that it was ihe intention of tlie treaty toadop. the mid channel of the straits as the line of deinarcaticn, without any reference to islands ; and by the manorandum, aiso, of Sir Richard Pak- cnliam, who expressly ooclared that neither the Canal de ilaro nor the Kosario Strait could, in his judgment, "exactly fulfi' the conditions of the; treaty, wiiich, according to their liberal tenor, would require tht; lin(! to be placed along the niiddie of the channel (me.iaing, I presume, thewhole intervening space] which separates the '"oniinent fr)m Vancouver's Island." The boundary, therefore, claimed by Lord Jonn Ru.-sell and that described by the British negotiators of the treaty were two entirely liflferent lines, the one bt'ing the Straits of Rosario, and the other a line of demarc.'ion drawn midway betwien Vancouver's Island and the continent, withou* reference to any interveviliig isLinds. In his dvj- spatch t'' Lord Lyons of ^ Jecember 16, Lord John Russell appears substantially to abaiidon the forme ■ of these lines, and to adopt the line suggested by Lord Aberdeen and Sir Richard Pakenham, while in his lastdespait-h on this subject, that of the 9th ultimo, lie maintaii. ■ that "either the Canal de Rosario or the Douglas Channel might be held to be the boundary contenqdatcnl by th(! treaty." Thus we nave presented the extraordinary case of three widely dih'ercnt boun- daries, either of which it is cl.'.imed may be lai -.'y regarded as the treaty I)ouudary, while the onl_y I unndary excluued is ihat very '^'tnidary which was mentioned in distinct terms by Mr. McLane, Mr. Benton, and Mr. Jtnchanan at the time the treaty was negotiated, and which is t''< only one (as this gov'^rn- ment conceives) that is (jiute consistent with the known intention of the treaty. Tlieite three boundaries }iave, indeed, the single point of agreojuent that they all CiEOKi Etifrari * T am 1 govorunii iiii ISLAND OF SAN JUAN. 255 leave to Great Britain the island of San Juan ; but this can hardly relieve the inconsistency of the British claim. Two of them, the Rosario Channel and the Douglas Channel, are excluded by the concurrent testimony both of the American and British negotiators, and it is difficult to understand how they can be further insisted on by uie British government. The only choice remaining, therefore, is between the Canal de Haro and the arbitrary line of demarcation, described by Mr. I'akenhara. The considerations which seem to this government quite decisive in favor of the Canal de Haro were sufficiently stated in my despatch of last October, and need not be repeated here. In reference, however, to the litit' suggested by jMr. Pakeuham, it is sufficient, perhaps, to observe that since the Briti.-^h government appears to have concurred with Mr. Buchanan in 1848 that the line to be chosen was the " main navigable channel" between the point of deflection and the Straits of Fuca, it can hardly contend now that this re- quirement is answered by adopting a boundary which passes alike over land and water, and furnishes, of course, no channel at all. In thus alluding to the several boundaries which have been suggested by Great Britain as treaty boundaries, I do not forget that the Douglas Channel lias been proposed from the beginning as a convenient compromise, however, upon the assumption that the Straits of Rosario are still claimed by Great Brit- ain as the channel intended by the convention ; and as this claim, for reasons which I \vA\< alrt.'ady referred to, can hardly now be maintained, I do not think that the Biiu-h offer should any longer be considered as an offer of compromise. The wlH>le !^u!»ject in qu<;stion is the island of San Juan, whicb is claimed ou the one side by the United States, and on the other side by Great Britain; and ,1 proposal wlu'cli gives the island to Great Britain is a proposal to surrender the wholt! American claim, and not, in any sense of the term, a proposition to compromise. The argument, from convenience, moreover, which is so earnestly pressed l»y Lord John Russell, seems to me, I confess, to have very little found- ation, I cannot understand why the access by Great Britain to her American possessions would be any the less easy or safe because the island of San Juan had \h'x-\\ conceded to the United States. All the clianuels and the straits are equally open f.o both nations ; and, in a military point of view, I have already ^liowu that, from the grc.it width of l}>e Canal de Haro, its navigation could never be iiitirruptcd by tin; establishmcni of Avorks on the island of San Juan. While, lli< icfore, the President feels himself obliged to decline to adopt the Douglas Channel as the boundary of the two countries between Vancouver's Island and the continent, and to maintain the Canal de Ilaro as the true bound- ary in that quarter, which was intended by the treaty, he is glad to believe that no serious injury can be inflicted upon British interests by the adoption of the American line. It is deeply to be regretted, certainly, that the views of the two governments upon tliis subject are so directly opposed, but he confidently hopes, by sonic early arrangement, alike acceptable to both nations, this differ- ence of opinion may yet be amicably adjusted. You will read this despatch to Lord John Russell, and leave with him a copy of it. I am, sir, respectfully, your obedient servant, LEWIS CASS. Geokuk M. Dallas, Esq., i^r., Sfc., London. No. 23. Estract of a vote of tJic 25t7/ oj" May, iSGO, from Lord Lyons to Mr. Cass. ♦ ^c * * * * * J am likew iso directed to say that it would, iu the opinion of Her Majesty's government, serve no good purpose to settle the (juestiou of Saa Juan, unles* 256 ISLAND OF SAN JUAN. this matter of the Hudson's Bay Company were settled at the same time. The British government desire to see the stipulations of the treaty of 1846 faithfully carried ito effect; and they would object equally to a direct or an indirect violation of its provisions. « « 4e * * * * No. 24. \ 'I Lord Lyons to Mr. Cass. Washington, June 6, 1860. Sir : I have just received from Rear- Admiral Baynes, Oommander-in-chief of Her Majesty's naval forces in the Pacific, a copy of orders issued to the com- manding officer of the United States troops in San Juan, on the 10th of April last, by General Harney, and communicated by the General's direction to the officer in command of Her Majesty's troops on the same island. I do myself the honor to enclose a copy of the orders in question, and I earnestly beg that the United States government will take them immediately into consideration. It would be superfluous to remark upon the inconsistency of the whole tenor and spirit of these orders with the satisfactory arrangement made by General Scott in November last. But there is one point to which I cannot but call the particular attention of the government of the United States. General Harney directs the officer in command of the United States detach- ment to acknowledge and respect the civil jurisdiction of Washington Territory over the island of San Juan, and he goes on to say " that he is satisfied that any attempt of the British commander to ignore this right of the Territory will be followed by deplorable results which it will be out of his power to control." I will contrast with this order the following passage taken from a letter addressed by General Scott to Governor Douglas on the 9lh of November last : In the same spirit I had earlier determined to instruct our commanding officer on the island io allow uo person claiming to be a functionary of Washington Territory to interfere with any British subject residing or happening to be on the same island while it shall remain in dispute between our respective governments. To this passage I will add an extract from the orders given by General Scott to the United States officer commanding on San Juan, and communicated in the same letter by General Scott to Governor Douglas : The General-iuchief wi»hes it to be remembered that the sovereignty of the island of San Juan is still in dispute between the two governments, and, until definitively settled by them, that British subjects have equal rights with American citizens on the island. It will no doubt be in your recollection that a copy of the letter to Governor Douglas on the 9th of November, which I have quoted, was appended to the instructions given by General Scott to the United States officer on San Juan, that a copy of it Avas transmitted to General Harney " for his information and guidance,*' by General Scott, in a letter bearing the same date, and that General Scott at the same time stated to General Harney that he " wished it to be remem- bered that the sovereignty of the island was still in dispute between the two governments, and, until definitively settled between them, that British subjects had equal rights with American citizens on the island." It is unnecessary for me to say anything more to show that the recent orders of (u'neral Harney are inconsistent with the arrangement made by General Scott, approved oy the President, and accepted by Her Majesty's government. Under that arrangement tranquillity had b(!en maintained at San Juan for six month«, and cordial relations had subsisted between the British and American authorities in the neighborhood. I am confident that the government of the United States ISLAND OF SAN JUAN 257 will lose not a moment In taking measures to arrest the deplorable consequencee which would, indeed, be only too likely to follow any di:?tiubance of the settle- ment so justly and wisely elFected by General Scott. I have the honor to bo, with the highest consideration, sir, yonr most obedient, humble servant, LYONS. lion. Levvi!?; Oass. i(c.. ifc , ^r. Captain Pickett to Captain Bazalgcttc. Ca.mp Pickett, San Juan, April 30, 1860. Sir : I havcj the honor to inform you that, in obedience to orders received from the Headquarters Depiirtment of Oregon, I have to-day relieved Captain Hunt, and assumed command of this post In accordance witii orders eman; ting from the samo source, I herewith enclose an extract from m}' letter of instructions. With every desire that the cordial undtTstandiiig existing between you and Captain Hunt ehall continue to be niiiintaincd between ourselves, I am, &c., G. E. PICKETT, Captain \)t?i Infantry. Commanding Post. Captain G. Bazaloettl, Royal Marines, H B. Majealjj'f: Troops. Scott in the )vernor to the Juan, ion and eneral Captain Plcasuutori tc Captain Pickett. [Extnict.J IlKAKurAUTKiis Dehartmknt ov Okeoon, Fori Vati'rH/rcr,W. T., April 10, 18G0. Cai'Tai.x : " * * * a copy of which yon will furnish Captain liazalgette for tlu; informiitiou of Ri';u'-Admiral Bayncs. 1st. Lieutenant General Scott has left no orders or instructions with the Gene- ral commanding to grant a joint military occupation of San Juan Island with British troops, neither has any authority been delogiUtd by the governmc:it of the United States to the General to offer or accept such occupation of that island. The offer made by (xeneral Scott when in command here was not accepted by Governor Douglas at the time, and consequently concluded that transaction. No arrangement has been made since to renew ir within tlie knowledge of tln^ General commanding. 2d. The British authorities having submitted thi' assurance tu General Scott that no attempt would be made l)y them to dislodge by force the United States troops on San Juan Island, they were permitted to land troops for similar })ur- pose to which your command Avas designed in the original orders conveyed Iv you in July last, viz : the protection of our citizens from Indians, both nativi and foreign. In connection with this servici; thetjicHcial co'iimanding takes occasion to pre- sent you to Admiral Baynes and the oilii 'is with whom you will be brought in contact as an oflicer possessing his highest confidenc(f that nothing will be omitted in maintaining a fraidv and generous intercourse in all matters coming within your powers, to establish a practical solution of the present misunderstanding which shall prove honorable and satisfactory to all parties until !> final settlement is attained by the two governments. Ex. Doe. 2V 17 258 ISLAND OF HAN JUAN. I ■ 3d. Under tlic organic net of llii- Coii;>r('»-rt of llio United States for tlie estab- lishment of the t, 9/h hij'autrij. No. iio, Mr, Ca.ss to Lord fjj/onti. Dlvl'AllT.MKiXT OF STATE, Wanhhigton, Jfinc S, 1860. My Lohd : I have received yoiirlorddiip's eoinintuiiculion of the Cth instant, enclosing copies of orders issued by (irh( lal llfiriiey to tlie commanding officer of the United Statts troops on the island of San .liiaii, dated on tbe J Oth of April last, and communicated by the (j»;n( r.ilV direct inn to tlie ofiiccr in command of Iler Majesty's troojis on tin; same island, and liave lout no tinn; in bringing the sub- ject to the attention of the I'rcsideiit, I am now instructed to inform you lli.it I lie arrangement entered into by (jlene- ral Scott in the month of October, l>)!'t'.),\n onbr to prevent any collision on the i>land of San Juan between the AiniTicuii and lirilish authorities pending the negotiations bctweeti the two governinentrt Wd- stiielly in pursu.mce of a |ire- vions arrangement which wa.- niadi' witli Mr. ( 'ramptoii by tli(! Sc^cretary of State; of the United States iti July, IhO.O, and nut tlie. full ajiproval of this govern- ment. The orders of (icneral llaiiii'V. to wliicli his alteiition has been called by the note of your lordship, and wliicli a|qie/(r lo be in violation of the arrange- ment of General Scott, have been read, therefore, by the President both with surprise and regret. It is earnestly ho|i.d that, upon a full explanation of uH the eircuin.'^tauces att(!ndiiig them, it may be found that they were not intended to bear the construclion which 8e(;nM niitmally to belong to them, and that in ISLAND OF SAN JUAN. 259 any event tliey will lend to no collision between the American and British authorities on the island. To prevent this as far as possible, instructions will be immediatL-ly sent to the commander of the United States troops in that region revoking the orders of General Harney, and giving full elToct to the arrangement of General Scott. A strict inquiry will also be instituted into the conduct of General Harney, with a view to such measures on the subject as may be found necessary, and for this purpose he has been recalled from his command and ordered to report at Washington. I have the honor to be, my lord, with high consideration, your lordship's obe- dient, humble servant, LEWIS CASS. Lord Lvo.\s, Sfc, Sfc, Ifc. it- No. 26. Lord Lyons to Mr. Cans. Wasijingto.n, June 0, ISGO. Sir : I had yesterday the honor to receive your note of that date, in which, in reply to my communication of the day before (6th,) you were so good as to inform me that instructions would be immediately sent off revoking General Harney's order of the lOlh of April last, relative to the island of San Juan, and giving full effect to the arrangement made by General Scott. I immediately transmitted a copy of this satisfactory note to Her Slajesty's government, and despatched a telegram communicating the substance of it to Rear-Admiral Baynes, to be forwarded by the pony express, which will, I believe, set out from St Joseph, Missouri, to-day. I have the honor to remain, with the highest consideration, sir, your most obe- dient, humble servant, LYONS. Hon. Lewis Cass, t^r., «!^,'., S^v. .860. instant, officer >f April of Her je sub- nig the govern- n called n-range- )th with n of all itentU'd that in No. 27. Lord Lyons to Mr. Cass. Washington, June 14, 1860. Silt : It is not with any view of entering into a discussion upon the subject to which it relates that 1 do myself the honor to transmit to you the enclosed copy of a letter addressed to General Harney by Mr. Dallas, a director of the Hudson's Bay Company, and the company's president of council in North America. The object of Mr. Dallas in writinu; the letter has been to place upon record a true account of Jie visit made by him in July last to San Juan, which was alleged as one of the causes wliich induced General Harney to place x de- tachment of United States troops upon that island. Mr Dallas has felt it lO be due to himself, and to the company which h^' represents, to clear himself frcm the imputations upon his conduct contained in some of the papers printed among the correspondence laid before the United States Senate with the President's message of the 30ih January list. BiMiig pirticularly desirous that his proceed- ings should be represuiited in their true light to the President and to General !• i •! I ■ I r- !^ fe !^'" 260 ISLAND OF SAN JUAN. Scott, he I1H8 requested me to take measures to bring his letter to General Har- ney to the notice of those illustrious persons. It is in order to comply with this request, and (as I liave already said) not with any view of entering into a discussion on the subject, that I have done myself the honor to communicate the letter to you. I have the honor to be, with the higliest eon ideration, sir, your most obe- dient, humble servant, LYONS. Hon. Lkwis Cass, S^-c., Sfc, Sft. Sik; Mr. Dal/as to General Jlarnct/ Fort Vancouvkr, W. T.,'May 10, 1860. 1 beg leave to address you upon the subject of tfie recent occupation of the Siin Juan Island by American troops, in which my name has been so freely and unwarrantably made u.se of, and to give the mo.«it unqualified contradic- t/on to the part attributed by you and others to me as having given occasion to that act. I can come to no otiier conclusiou but tliat you were imposed upon in making and acting upon the statements contained in your letters of 7th, 8th, 25th and 29th August, to the Adjutant General, to Governor Douglas, on 6th August, to Captain Pickett on the ISth of tluly, and to General Scott ou the 19th July. 1. Though the son-in-law of Governor Douglas, I have no connection with or influence whatever in the affairs of government, nor has he any interest directly or indirectly in the affairs of the Hudson's Bay Company. On the contrary, the respective interests under our care are rather conflicting and antagonistic. a. It has been lietjuently stated that I am u member of council of Victoria. 'This is not the cast;; I hold no office, honorary (tr otherwise, under the Crown or the colonial government. li. I am not a chief factor in the scu-vice of the Hudson's Bay Company, as has be<'ii stated, but a director of the company, and president of council in North America. 4. I never visited tlie island of San Juan in any man-of-war. My arrival there on tlw^ afternoon of the day upon which Cutler committed the trespass Avas purely accidental. 1 landed from the Company's steamer Beaver, used solely for purposes of tradt^ accompanied by two friends ; next day accompanied in addition by chief trader (Jri(Hn,onr ag(!nt upon the island, wo took the oppor- tunity ill passing Cutler's hut or tent to call upon him. I remonstrated with him in regard to his offence, which he admitted, offering to pay the value of the animal killed, which was not accepted. No demand of one hundred dollars, or any sum of money was made upon him, nor did J threaten to apprehend him or take him to Victoria. On tlie contrary, I stated distinctly that 1 was a private individual and could not interfere! with him. 1 have fortunately an unimpeach- able witness to prove this. Cutler was perhaps alarmed at seeing four of us approach him on horseback, and conscious of being in the wrong, not unnaturally took it for granted we had come to seek reparation. After some further talk, in the course of which Cutler threatened to shoot any more of our animals that might interfere with him, we rode away, and the only othernotice taken of the affair by nit; was in a conversation held with Governor Douglas, when I suggested to him to appeal to the authorities of Washington 'i'erritory, requesting them to restrain tlieir citizens on San Juan Island from committing further trespasses. He declined to adopt my suggestion, and the matter dropped. 5. Cutler did not use any threat to mo, and 1 gave him no cause to do bo. What has been dignified by the name of his ** farm " consisted of a very small patch of potatoes, partially fenced on three sides, and entirely open on the INLAND OF SAN JUAN. 261 fourtli. The boar waa shot in the adjoiniii}; foroat. With a i^tock of five thousand sheep and a number of liorses, cattle, piga, Scv., it will be apparent to you that it would have been impossible for us to restrain any of those animalH from committing depredations on such "farms" as Cutler's. The loss and annoyance occasioned to us by squatters in the midst of our sheep runs must also be equally apparent. Under circumstances of great provocation the utmost forbearance has been invariably exercised by th(! Iluilson's Bay Company towards American squatters and others. 6. The Hudson's Bay Company has n(!ver threatened to stir up the northern Indians against American citizens on San Juan Island or elscvwhere. On the contrary, we have always cautioned them to treat American citizens as friends and brothers. The policy of the Huilsoii's Bay Company has been always a peaceful one. 7. I cannot, as you state, use a British ship of war without the authority of GoviTtior Douglas or the British admiral, nor have I done so, or ever attempted anything of the kind. No British ship of war has, to my knowledge, takea the slightest supervision of the affairs of the Hudson's Bay Company. 8. In your letter of August 20, to the Adjutant General, you say, " a British man-of-war lands Mr. Dallas, the chief factor of the Hudson's Bay Company, who abuses one of our citizens in the harshest manner, and threatens to take him by force to Victoria for trial and imprisonment. Finding the citizen resolute in the defence of his rights, the Americans were informed the British Indians would be sent down upon them to drive them from the island. I shall substan- tiate these facts by the affidavits of American citizens of such position and character as cannot leave a doubt of their truth, and showing the attempted denial of Governor Douglas in his communication of the 13th instant is only a quibble." On reference to the affidavits of Paul K. llubbs, Jr., and Lyman A. Cutler, I iind it certilied that I landed from the Hudson's Bay Company's steamer Beaver. "I also find in a memorial to yourself from the American citizens resident in San Juan, on the 10th July, the memorialists state that " but for the timely aid" of the Hudson's Bay Company "the United States inspector would have fallen a victim to the savage designs of the Indians." Such is the manner in which the accusations brought agdnst me are substantiated. 9. I cannot conclude without taking notice of a letter from Paul K. Hubbs, of Port Townsend, under date September 2, addressed to the President of the United States, in which he states that Governor Douglas is the chief director of the Hudson's Bay Company. This is, as I have already stated, utterly untrue. Anothei portion of Mr. Ilobbs's unintelligible letter, in so far as I can understand it, states that " the Hudson's Bay Company, with a half-dozen armed steamers, did land and go to the man that shot the boar, and that iive of them (the steamers, 1 pr«'.-;ume) could not take him, but threatened to send the * Plumper,' a British frigate, for him." The Plumper is a small and well-known surveying barque, and the whole statement is too absurd to require refutation. It is only the fact of the letter of a private individual containing some statements as false as others are unintelligible, having been addressed to the President of the United States, and circulated by him, which induces me to notice it all. As the representative of a large public company, I feel compelled to come forward thus emphatically to contradict the misstatements which have been so repeatedly and extensively circulated regarding the company and myself. 1 have endeavored to do so as courteously as emphatic denial would admit, and with the view also of removing from your mind any misapprehension which might still exist under a complication of circumstances in regard to which you have evidently been mis- informed. I Lave, &c., A. J. DATJ.A8. General Harney, ^., Sfc, 262 ISLAND OF SAN JUAN. No. 28. Mr. Cass to Lord Lyons. Departmknt of State, Washington, June 25, 1S60. My Lord: I communicated to the President the conversation I had with your lorddhip a few days since concerning the existing difiFerencea between our respective governments arising out of the treaty of Washington, of the l/ith June, )8i6, and I have been instructed to assure your lordship that the Presi- dent is equally sblicitous with the government of Her Britannic Majesty for the amicable and satisfactory adjustment of the questions now at issue; and he con- curs in the opinions entertained by your government, as stated in your note of May 25, 18G0, that a partial settlement of this cOntrovrersy would serve no good purpose, but that the whole subject in dispute under the treaty should be set- tled at the same time. And I have it further in charge to inform your lord- ship that this government is ready to receive and fairly to consider any propo- sition which the British government may be disposed to make for a mutually acceptable adjustment, with an earnest hope that a satisfactory arrauagement will speedily put an end to all danger of the recurrence of those grave questions which have more than once threatened to interrupt that good understanding which both countries have so many powerful motives to maintain. I have the honor to be, my lord, with consideration, your lordship's obedient servant, LEW. CASS. Lord Lyons, Sfe.. 8(c., Sfv. I!'' No. 29. Mr Irvine to Mr. IVescot. British LtioATioN, IVasMnglon, August 17, 1860. Sir: Her Majesty's government are desirous to remove all uncertainty from the question of the temporary jurisdiction of the island of San Juan. I am therefore instructed to propose to the government of the United States that the civil magistracy should be removed, on both sides, from the island, and that a military jurisdiction should be established on the basis of the arrangement effected by General Scott; or, that a separate jurisdiction should be established over different portions of the island in the hands of the British and American magistrates, if such an arrangement should be preferred by the gov(.'rnment of the United States. The former course appears to Her Majesty's government to be more advisable, and would be also, I have no doubt, acceptable to the United States govern- ment. I am likewise instructed to propose that, to prevent the risk of future misunderstandings, the matter should be definitely arranged by means of a con- vention, or by an exchange of notes between the State Department and her Majesty's Legation. I have the honor to be, sir, with the highest consideration, your most obedient humble servant, W. DOUGLAS IRVINE. Hon. William Henry Trescot, Acting Secretary of State. mm Y ISLAND OF SAN JI AN, No. 30. Mr. Trescot to Mr. Irvine. 2(iS Dei'aktment dv Sta'I'M, Washington, Au/^unf IN, IHfiO. Siu : I have the honor to acknowledge tlio receipt of your nitin ol'llio I7tli instant, in which you say that Her Britannic Miijesty'js {^ovfu'iiinitnt, iIomIi-oim t<» remove all uncertainty from the question of the temporary JiH'M<'<'(('(illy c/dl your attention to the correspondence between Mr. Marcy urul Mr, (Jmtnptoii, under the respective dates of the 17th and 18th of July, IH5/}, iind i«!tW(!«Mi General Cass and Lord Lyons, of the 6th and Sth of Juno last, niid Jtumjclnlly to the following extract from the letter of Lord Lyons, co?npliih)hl(( to llilrt gov- ernment of General Harney's orders: "It would be superHuoiw Ut I'diiatk upon the inconsistency of the whole tenor and spirit of these ordfil'^ with the mih- factory arrangement made by General Scott in November hwt; " Httd to another extract from the reply of General Cass : " I am now instruclod to Itiform you that the arrangement entered into by General Scott, in tli<* motif |» of Oclolier, 1859, in order to prevent any collision upon the island of Bnit .ftmii, between the American and British authorities, pending the negotiations betwt'ud)ling nie to make an earlier reply to this communication. lUit Her Mnjcsty's government have not relaxed in their desire to close the controversy with regmd to tin; , 1840, Her Majesty's gov- ernment will be prepared to accept that amount on behalf of the two companies, and to release the United States government from all further liability, so far as .regards their engagements to Great Britain under the third and fourth articles of that treaty in behalf of the Hudson's Bay and l*ug<'t Sound (Jompanies in wmmm L ISLAND OF SAN JUAN. 205 Oregt)M, wIu'IIht on account of land» and buildiiigH or on account of privileges mentioned in the nforesnid urticlc?. In reference to the line of the water boundary intended by the treaty, with respect to which, also, Her Majesty's government have been invited by the United States government to make a proposition for its adjustment, I am instructed to inform you that Her Majesty's government arc glad to reciprocate the friendly sentimentu* expressed in your note of the 25th of June, and will not hesitate to respond to the invitation which has been made to them. It appears to Her Majesty's government that, the argument on both sides being nearly exhausted, and neithf r party having succeeded in producing con- viction on the other, the question can only be settled by arbitration. Tliri'e questions would arise thereupon — 1. What is to be the subject-matter of arbitration? 2. Who is to be the arbiter ? ',i. What is to be the result of th(! decision of the arbiter ? With regard to the first point, Her Majesty's government are ol' opinion that the question or questions to be referred should bp, What is the meaning of the words relating to the water boundary contained in article 1 of the treaty of June 1.5, 1846; or, if the precise line intended cannot be ascertained, is there any line which will furnish an equitable solution of the difficulty, and is the nearest approximation that can bo made to an accurate construction of the words of the treaty ? In considering these questions the arbiter might fairly consult all the corre- spondence on the subject and weigh the testimony of the British and American negotiators of the treaty as to their intentions in framing the article; but he should not depart from the true meaning of the article as it stands, if he can deduce it from the words agreed to by both parties, and consigned in a treaty ratified by both governmentf-. Secondly, Her Majesty's government are of opinion that a reigning prince or sovereign state should be th<- arbiter; Her Majesty '< government propose, with this view, that the King of the Netherlands, or King of Sweden and Nor- way, or the President of the Federal Council of Switzerland, should be invited to be the arbiter. With regard to th(! third point, ller Majesty's government are desirous that this long controversy should not be again thrown loose for dispute ; they there- fore propose that botli governments shall bind themselves to accept the decision of th(i arbiter, whether he shall give a positive decision or whether he shall de- clare that he cannot fix the precise meaning of the article in question, but that he has laid down on the chart a line which will furnish an equitable solution of the difficulty, and is the nearest approximation he can make to an accurate con- struction of the words of the treaty. Should these proposals bo accepted. Her Majesty's government ilattcr them- selves that an equitable decision may be arrived at and a long and dangerous controversy terminated in a manner consistent with the honor and the interests of both governments. I have the honor to be, sir, with the highest consideratioii, your most obe- dient, humble servant, LYONS. Hon. < General Lnwis Cass, Secretary of Stale. ?M ISLAND OF SAN JUAN. No. 32. [Extract.] Deputy Marshal Broicn to Mr. Seward. United States Marshal's Office, Port Townxcnd, W. T., September 20, 18G6. Dear Sm : Allow me to call your attention to the fact that difficulties are on the point of occurring between the military authorities of the United States on San Juan Island, and the civil authorities of Washington Territory. Captain Gray, of the United States forces, having exercised arbitrary power over the citizens, process Avas issued out of the United States district court of the third judicial district of Washington Territory for liis arrest; ho refused to be arrested, and the sheriff returned the process to that effect. When the judge ordered him to summon a posse and bring him, he was met by force, and he returned the process unserved, and the court has now adjourned ; but the judge ordered a capias to issue to the sheriffs of the different counties of the third judicial district, and to enforce the orders and process of the court. Therefore there is a probability of being trouble, unless the Department of State settle the question as to the authority of either the military or civil power over the island. The citizens claim the protection of the court, and Judge Darwin means to enforce civil law upon the island if it requires all the force of the Territory. Therefore, something should be done immediately by the Depart- ment of State, or serious difficulties must arise. Hon. William II. Shwaru. JARED C. BROWN, Deputy United Stales Marshal . No. 3.3. Mr. Seward to Mr. Stanton. Department of State, Washington, November 19, 1866. Sir : 1 have the honor to transmit herewith a copy of a letter of the 20th of September last, from the deputy United States marshal at Port Towusend, Washington Territory, relative to a disturbance which seems likely to take place between the United States military authorities on San Juan Island, and the civil authorities of the aforenamed Territory, growing out of the alleged exercise of arbitrary power over the citizens by Captain Gray, in command of the troops stationed on San Juan Island. I will thank you to cause inquiry to be made regarding the proceedings of the military officers, and also to suggest the importance of harmony pending the settlement of the controversy between the two governments about the said islands. I have the honor to be, sir, your obedient servant, WILLIAM H. SEWARD. Hon. Edwin ^I. Stanton, Secretary of War. Sir: cation < States conflict authoril Territoi Thoi investig ] Hon. I Sir flict alleg San Juar reply the of a repo Babcock statemen of the Co It appe citizen to eral Babe lision bet I Hon. ^\ Gener; honor to si tween the Captain G Island, Pu ISLAND OP HAN JUAN. 267 No. 34. Mr. StanUm to Mr, Seward. Wah DKI'AHTMK.NT, Waa/iington City, Sonvmher 20, 18GG. Sir : I have the honor to acknowledge tlio receipt to-(l;iy of your communi- cation of the 19th instant, enclosing a copy of a letter from tlu! jlcsjiuty United States marshal at Port Townsend, Washington 'i'itrritory, and referring to a conflict which is alleged to be imminent between the United States military authorities in San Juan Island, and the civil aullioritleM of the above-numed Territory. The matter has been referred to General Grant, with iiiHtruetionM to cause an investigation and report the facts. I have the lionor to be, sir, your obedient Hervunt, EDWIN M.HTANTON', Scvrctanj of War. Hon. William H. Skward, Svrrvlary of State, No. 35. Mr. Stanton to Mr. Seward. Wau 1)ki»aiitmk.nt, Washington City, Decvmhcr 22, 18GG. SiK : Referring to your communication of the lOtli ultimo, r<;8pecting a con- flict alleged to be imminent between the United Staten military authorities on San Juan Island and the civil authorities rtf Washington Territory, and to my reply thereto, dated the 20th ultimo, I have now the lionor to transmit a copy of a report from General Grant, submitting one from Hrevet Hrigadier General Bttbcock, one of his aides-de-camp, who, while at Fort Vancouver, received a statement of the facts from Major General Steele, commanding the Department of the Columbia. It appears that the cause of the trouble in (|U(!Htioii w/i« an atlcmpt of a citizen to obstruct the road between the military poMt and landing, iJut Gen- eral Babcock reports that the Department Coramand».'r did not apprehend a col- lision between the civil and military authorities, I have the honor to be, sir, your obedient servant, EDWIN M.HTANTON. Hecrclury of War. Hon. William H. Skvvakd, Secretary of State, General Babcock to General Itawlinti. Headquarters Armiks of thk Unitkd Statks, Washington, D. C, December G, 186G. Gbxijral: In compliance with the request of the tieneral-in-chief I have the honor to submit the following information concerning tlio diiHculty existing be- tween the civil authorities of Washington Territory and the i;ommanding officer, Captain Gray, second United States artillery, of the military po?t on San Juan Island, Puget Sound. 268 ISLAND OP 8 AN tTUAN I first heard of the trouble at General Steele's headquarters, Fort Vancouver Washington TeTitory, and, as I remember, it was in substance as follows : A citizen living on the island, owning land lying between the landing and the mil- itary post, becoming displeased with the military authority, built a fencf^ across the road leading from the post to the landing. He was notified to remove it, but would not, and continued the trouble until Captain Gray ejected him from the island. General Steele did not expect any collision between the civil and military authorities. I may be mistaken in the facts of the case, but I give them as I remember General Steele's statement. Our title to the island i3 disputed by the Engli:3h government, and, according to the agreement for joint occupancy, until the question of title is settled, each government is to keep one company of troops on the island, with no artillery. Now if the military is withdrawn our title to the island is given up. It, there- fore, seems to me that the military is the superior authority on the island, and .should be thus recognized. I am, General, very truly, your obedient servant, O. E. BABCOOK, Brevet Brigadier Gene, al and Aide-de-ramji. Major General Rawlins, Chief of Sfaf. llKADUUARTKnS AkMIK8 oP THE UNITED STATKS, December 10, 1866. Respectfully returned to the Secretary of War, and attention invited to the letter of Brevet Brigadier General 0. E. Babcock, aide-de-camp, enclosed here- with. U. S. GRANT, General No. 36. Mr. Stanton to Mr. Seward. Wah DeI'ARTMKNT, Washington City, January 16, 1868. SiK : In reply to your communication of the lOtli instant, asking for informa- tion concerning the joint occupancy of San Juan Island, I have the honor to send herewith copies of papers* which it is believed contain the information you denire, and all that is in this department, on the subject. Very respectfully, your obedient .servant, EDWIN M. STANTON, Secretary of War. Tlie Honorable the Skjrktarv ok Stati-:. "These pfipcrs were published in II. Ex. Doc. No. 9H, 3jth Cong. InI sosh., and will lio i'ound on pp. i208-2J7 of thi, exercise civil authority on these islands. By this course they have avoided all difficulties between the two nations in regard to claims of ownership of the; disputed territory ; but it has involved them in serious personal difficulties. Brevet Major Graves, lieu- tenant seco'ul regiment of artillery, has been arrested and put under heavy bonds for resisting the civil jurisdiction of Washington Territory, on San Jua:. 270 ISLAND OF SAN JUAN, ^^■1 1* Island, and Captain •'"^ray has been fined five thousand dollars ($5,000) for th same alleged offence. Undoubtedly other officers of the command on tl island will receive similar treatment as soon as they can be arrested by the civ. officers v.f Washington Territory. lu other words, we have this anomalous condition of affairs on that froi' The military officers of the United States are required to prevent the ext. of civil jurisdiction on the disputed islauds, while the civil officers of the same, government insist upon its execution, and proceed to puuish the former for thpJ very acts which are required of them by the War Department. * * * • :1: * Vi'ry respectfully, your obedient servant. Adjutant Ghxehal ok the Army, IVashingron, D. 0. H. AV. HALLECK, Major General U(;i.i ^TLo l/lttxilllH ^' THIO PARALLEL OF 49" • lllVH Hf'tlfl /oil' ''-• II A no .■ilM'lAllIIIH'F rtllUirHM'H*'*'!' M A IX J. A X D BKI.LLVdHAM JiAi' TIIK I'AIIAI.LKI. OF 18"4v5' _,_^' III.AKKI.Y ISLAM) MAIX LAM) Tin: i»akalli:l of ism.-/ I.OI'IZ ISLAM) it NmIjiimii HiifiU .liiiiiiHl*^ -■X AVIiiiliiiniii(lil*1 HdSMtIO STILUT M A I X L A N 1) ril)AL<;0 ISLAM) 2 rilK I'AIIALLFL OF IH"l».-,' X' IRlluaiiH. ntktllituiH (. y/'Mfe/ ofothcnns I- ut Sliitiilc Milch tl..wiii*i" liili IIiiIdiI.'