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Mapa, platat. chartt, a>.^.. may ba fllmad at diffarant raduction ratiot. Thota too larga to ba antiraiy includad in ona axpotura ara fllmad baginning in tha uppar laft hand cornar, laft to right and top to bottom, at many framaa at raquired. Tha following diagrama illuatrata tha mathod: Laa sartat, pianchaa, tablaaux, ate. pauvant Atra filmAt A daa taux da rMuction diffArantt. Loraqua la document oat trap grand pour Atra raproduit an un taul clichA. 11 att film* A partir da I'angia aupAriaur gaucha. da gaucha A droita, at da haut an bat. an pranant la nombra d'imagat nAcattaira. Laa diagrammat tulvantt llluttrant la mAthoda. 1 2 3 1 2 3 4 5 6 MEMORIALS rnESENTED TO THE COMMISSIONERS, UNDER THE TREATY OF JULY 1, 1863, UETWEEN GREAT BRITAIN AND THE UNITED STATES, FOR THE FINAL SETTLEMENT OF THE CLAIMS OF THE Hudson's Bav and Pnget's Sound Agricultural Companies: PRESENTED APRIL 17, 18G5. WASHINGTON: GOVEnNMENT PRINTING OFFICE. 1865. On (A On th On th Onth Out) Onti ©fficers of t|e Commission* COMMISSIONERS. On the part of the. United States — ALEXANDER S. JOHNSON. On the part of Great Britain — JOHN ROSE. UMPIRE. BENJAMIN R. CURTIS. O O U N S E 1. . On the part of the United Slates — CALEB GUSHING. On the part of Great Britain — CHARLES DEWEY DAY. EDWARD LANDER. CLERKS. Oh the part of the United States — GEORGE GIBBS. On the part of Great Britain — WILLIAM FINLAY GAIRDNER. OFFICE: No. 355 // Street north, between Uth and 15(A, Washington. H «= MEMORIAL OF THE HUDSON'S BAY COMPANY. 1 : 1 British and American Joint Commission on the Hudson's Bay and Puget Sound Agricultural Companies' Claims. To the Honorable thr Commissioners: The Governoriind Compiiny of Adventurers of England, trading into Hudson's Bay, commonly called the Hudson's Bay Com- pany, claimants, submit the following memorial and statement of their claims upon the United States; and for facts and considera- tions in support of such claims, respectfully declare : That, in the year 1846. and for a great number of years pre- vious thereto, the Hudson's Bay Company were in the free and full enjoyment, for their own exclusive use and bene6t, of certain rights, possessions, and property of great value, within and upon the Territory of the Northwest Coast of America lying westward of the Rocky Mountains and south of the 49th parallel of north latitude; such rights consisting as well in extensive and valuable tracts of land, whereupon numerous costly buildings and en- closures had been erected and other improvements had been made, and then subsisted, as of a right of trade which vas virtually exclusive, and the right of the free and open navigation of the river Columbia within the said territory. That the rights, possessions, and property thus held and en- joyed by the Hudson's Bay Company, had bee.i acquired while the said territory was in the ostensible possession and under the sovereignty and government of the crown of Great Britain, and the company held and enjoyed the same with the knowledge and consent, and under recognitions, both express and implied, of the crown of Great Britain, and by persons acting under its authority. 8 MEMORIAL OF That, liy the treuty conclnck'd between Groat Brituin and the United States of America on the 15th day of June, 1846, while tlie llndson's Hay Company were in tho full and free possession and enjoyment of their said rights, it was in efl'ect declared to be desirable lor tho future welfare of l)oth countries, that the state of doubt and uncertainty which had theretofore prevailed respecting the sovereignty and government of tho territory on the northwest coast of America lying westward of tho Rocky Mountains, should be finally terminated by an amicable com- promise of the rights mutually asserted by the two parties, upon such terms of settlement as might be agreed upon; and there- upon, by article I. of the said treaty, the line of boundary to be thereafter oliserved between the territories of Great Britain and those of tlie United States of America, then in (piestion, was established by mutual compromise and agreement. That, by article III. of the said treaty, it was provided: That in the future appropriation of the territory south of the 4yth parallel of north latitude, as provided in article I. of the said treaty, the possessory rights of the Hudson's Bay Company, and of all British subjects who might be already in the occupation of land or other property lawfully acquired within the said territory, should be respected; and by article II. of the same treaty it was further provided, that from the point at which the 49th parallel of north latitude should be found to intersect the great northern branch of the Columbia lliver, the navigation of the said branch should be free and oj)en to the Hudson's Bay Company, and to all British subjects trading with the same, to the point where the said branch meets the main stream of the Columbia, and thence down the said main stream to the ocean, with free access into and through the said river or rivers, it being understood that all the usual portages along the line thus described should in like manner be free and open. That, under the settlement of the boundary line agreed upon by the said treaty, and defined by the first article thereo*' the said territory, w^iereof the Hudson's Bay Company then had the actual and exclusive control, possession, use, and enjoyment a^ i THE HUDSON 8 BAY COMPANY. tho 1 I i nforosaid, foil within iiml uiidor tho sovoroigiity mid povoninieiit of tho United States; and undor a just construction of tho said treaty, and of the oblijj;ation tlierein assumed, that the possessory rights of tho Iludson's IJay Company should he respected accord- ing to the true intent and meaning of the same, the United States became and were botmd to uphold and maintain tho said company in tho free, undisturbed, and continual occupancy, use, and enjoynient of all tho rights, possessions, and property then by them possessed and hehl, and to protect and indemnify them from aggression and injuries, by or through any person acting, or claiming to net, under the authority or the laws of the United States. That the rights which the United States were so held to re- spect, and in the enjoyment of which they were l)ound to uphold and maintain tho company, consisted of: — I b'fit. The free and undisturl)ed possession, use, and enjoyment in perpetuity, as owners thereof, of all the [)osts, establishments, I'arms, and lands hold and occupied by thorn for purposes of cul- ture or pasturage, or for tho convonienco of trade, with all tho buildings and other improvements thereupon. Secondbj. Tho right of trade in furs, peltries, and other articles, within and upon the whole of the said territory, and the right of cutting timber thereupon for sale and e.\port;itinn. Thirdly. The right to tho free and open navigation of tho Columbia river, from tho point at which tho 40th |>arallel of north latitude intersects tho Great Northern branch of the said river down to tho ocean, with a like free and open use of tho portages along the said line. That the said rights have not been respected according to the terms of the said treaty and the obligation of the United States resulting therefrom; but, on tho contrary, by and through tho aggressions and proceedings of persons acting, or claiming to act, under the authority of tiie government, or of the laws of the United States, have been violated and restricted, and in great part extinguished and destroyed; and the company, by reason of 10 MEMORIAL OP the said aggressions and proceedings, huve been compelled in many cases to relinquish the same. That, by the treaiy concluded on the Ist day of July, 1863, it was agreed that all q;iestions between the United States authorities on the one hand, and the Iludsoji's Bay Company on the other, witii .-espect to the possessory right' and claims of the latter, should be settled by the transfer of those rights and claims to the government of the United States for an adequate money consideration. And the claimants now submit a detailed statement and valua- tion of the said rights, severally, under their distinct heads or classes; and of the claim of the Hudson's Bay Company under and by virtue of the said treaty and of the premises herein set forth: I. LANDS AND TRADING ESTABl.ISHMENTS. The forts, posts, establishments, farms, pastures, and other lands, with the buildings and improvements thereupon, held and possessed within the said territory by the Hudson's Bay Com- pany, for their own soie use and benetit, at the time of the said treaty of 1!). 15th June, 1846, and for a long time before, which had, in su.iio instances, been acquired from prior occnpat\ts. and, in others, had been erected and made, and originally settled and occupied by the company, were as follows: The |»ust at A^ANCOUVER, so called, consisting of a stockaded fort, with dwelling-houses, store-houses, t^chool-houses, houses for servants, shops, barns, and other outbuildings, with a stockade and bastions, erected at great cost, and of the value of fifty-five thousand pounds sterling, (£55,000;) other dwelling- houses and granaries, dairies, barns, stables, and farm buikiings a[)purtenant to the said post for the purposes of i'arming and trade, built at various points near to the main po-t at Vancouver, and on Sauve's Island, together with saw-mills and llouring-mills, forges, workshops, and store-houses, all erected at a great "ost at the time, and of the value of forty-five thousand pounds sterling, (£45,000;) the tract of land occupied, possessed, and I i THE HUDSON S BAY COMPANY. 11 I used by the company for its post at Vancouver, including its stfitions, enclosed and cultivated fields, and the pasturage for its cattle, horses, and sheep, extending in front along the bank of the Columbia River about twenty five miles, and backward from the said river about ten miles; and Menzies' Island, so called, occu|)ied and used for pasturage; these tracts of land, with the agricultural improvements made thereupon, at a great cost, were, at the time of the said treaty, of the value of seventy-five thousand pounds sterling, (£75,000.) The said several sums, making together the entire sum of one liundred and seventy-five thousand pounds sterling, (=£175, 000,) equal to eight hundred and fifty-one thousand six hundred and sixty-six dollars and sixty-seven cents, ($851,G66.67,) the claim- ants aver to be the value of the fort, buildings, land, and establish- ment, at and near Vancouver and on Sauve's Island, which they are entitled to claim and receive for the came. f\. large portion of the land thus occupied, possessed, and used has, since the 15th day of Juno, 184G, l>een taken from the possession of the company by American settlers claiming under the land laws of the United States, and the company was dispos- 8e^sed of the fort and establishment at Vancouver, and the land near thereto, by the orders of the military ollicers of the United States, ill the year 18G0. The post at CuAMi'OEfi, consisting of one dwelling-liouso, one granary, and outbuildings, all of tho value (.000,) equal to fourteen thousand six hundred dollars, ($14,(j00.) The last-mentioned land, or a portion of it, since the date of tlio said treaty, was taken posf^ession of by the ofiicers of the United States fnr a light-house or other public purpose. The post at CurxooK or Pillar Rock, a fishing station, consist- ing of a curing-house erected by the company, of the cost and value of two hundred pounds sterling, (£200;) and the land used and occupied by them for said station, of the value of one hun- dred pounds sterling. (XlOO;) making together the entire sum of three hnu'lred pounds sterling, (X300,) equal to one thousand four hundred and sixty dollars, ($1,4G0.) The post at UMPyiJA. consisting of dwelling-house, barn, stables, and outbuildings, erected by the company, of the coat and value of three thousand pounds sterling, (X3,000;) and the THE Hudson's bay company. 13 I land used and occupied by them for forms and pasturage, being u mile square in extent, a portion of which was fenced and cultivated, all of the value of two thousand pounds sterling, (X2,000;) making together the entire s^^um of five thousand pounds sterling, (£5,000,) equal to twenty-four thousand three hundred and thirty-three dollars and thirty-three cents, ($24,333.33.) The whole of this last- mentioned land is now occupied by an American settler, claiming to hold the same under the laws of the United States. The post of Nez-Perces, commonly called Walla- Walla, con- sisting of two dwelling-houses and servants' houses, store-houses, aj)d other buildings and outbuildings, walls and bastions, all built by the company, of adobe brick, and of the cost and value of three thousand two hundred pounds sterling, (£3,200;) the land on the Columbia river occupied and used as belonging to the said post, and also the land along the bank of the said river used for the landing of the company, of the value of ten thousand pounds sterling, (£10,000;) the hinds surrounding the fort, used as pasturage, of the value of two thousand pounds sterling, (£2,000;) the farm near the post, being of some thirty acres, more or less, in extent, of the value of one thousand five hun- dred pounds t^terling, (£1,500;) making together the entire sum of sixteen thousand seven hundred pounds sterling, (£16,700,) equal to eighty-one thousand two hu'idred and seventy-three dollars and thirty-three cents, ($81,273.33.) Tiiis post and the lands were abandoned by the servants of the company under the orders of the United States authorities in 1855. The post at Fort Hall, consisting of houses, shops, stores, mills, and outbuildings, horse pprks and walls, all of adobe brick, and of the value of three thousand pounds sterling, (£3,000;) the lands enclosed and cultivated, of the value of one thousand pounds sterling, (£1,000;) and the lands occupied and used for the pasturage of horses and cattle, of great extent, and of the value of one thousand poujids sterling, (£1,000:) making together 14 MEMORIAL OF the entire sum of five tliousand pounds sterling, (£5,000,) equil to twenty-four thousand three hundred and thirty-three dollars and thirty-three cents, ($24,333.33.) This post was necessarily abandoned by the company on account of hostilities between the United States and the Indian tribes in 185G. The post at Boise, consisting of houses and outhouses, biiild- ings, wall and bastions, and horse parks, all built of adobe brick, and of the cost and value of one thousand five hundred pounds sterling, (,£1,500;) about three miles square of land around the post, used and occupied by the company for the purpose of agriculture and pasturage, all of the value of two thousand pounds sterling, (£2,000;) making together the entire sum of throe thousand five hundred pounds sterling. (£3,500,) equal to sLiven- teen thousand and thirty-three dollars and thirty-three cents, ($17,033.33.) This post was necessarily abandoned by the company in con- sequence of the hostilities between the United States and the Indian tribes in 1855. The post at Okanagan, consisting of dwelling-houses, servants' houses, store-houses, outbuildings, all of adobi;, stockade and bastions, erected by the company, and of the value of two thousand five hundred pounds sterling, (X2.500;) thirty acres of land at the fort, used, occnpied and cultivated by the com[)any, of the value of one thousand [auinds sterling, (£1,000;) j iid near and belonging thereto, other lands for the i)asturage of herd?' of horses, of the vidne of five hundred pounds steiling, (X.)OO;) making together the entire sum of lour thousand pounds ster- ling, (£4,000,) equal to nineteen thousand four hundred and sixty-six dollars a'ld sixty-seven cents, ($l!),4'5i!.G7.) The post at Colvile, coii>isting of dwelling houses, servj-.tits' houses, shops, storew, outbuildings, stables, barns, yards, stock- ades and bastions, fiouring-mills and appurtenances, all erected by the company, and of the cost and value of ten thousand pounds sterling, (£10.000;) three hundred and fifty acres of land occupied and used and cultivated as farm land, and about five THE HUDSON S BAY COMPANY. 15 miles scpiare of land occupied and used for pasturage of their cattle and horses, of the value of five thousand pounds sterling, (Xo.OOO;) the White Mud farm, (appurtenant to this post,) with a house, barn and stable, store and outbuildings, erected upon it by the compans-, of the cost and value of one thousand pounds sterling, (£1,000;) the land used and occupied as a farm, thirty acres of extent, and of the value of five hundred pounds ster- ling. (X.')00;) nr-.king together the entire sum of sixteen thousand five hundred pounds sterling, (£1G, 500.) equal to eighty thousand three hundrt') for loss sulfered as stated, the entire sum of two hundred and eighty-five thousnnd three hundred and fifty pounds sterling, (X28;"),;i5U.) equal toonemillion three hundred and eighty- eight thousand seven bundled and three dollars and thirty-three cents, (§1,38^,703.33.) Which the Hudson's Bay Company claim and are entitled to receive from the United States. II. RIGHT OF TRADE. Tlie chief business of the Hudson's Bay Company in the year 184(.i, and for a great number of years belbre, was, and now is, the trade with Indian tribes in furs, peltries, and other articles. It was a trade of great magnitude, carried on in Oregon over a wide range of country, and involved an extensive foreign com- merce. Large sums of money were annually expended in it, and the returns were highly profitable and important to the general prosperity of the company. kt THE HUDSON S BAY COMPANY. 17 to % For the proper uiul beneficuil ciirryiiij^ on of that trade, the company required, not only to hold and possess the posts, estab- lishments, farms, and other lands already described, but also to have the control, possession, and use of extensive tracts of coun- try; and they had in fact, at and before the date of the treaty of the 15th June, 1.84G, in their control, possession, and use, for such purposes, a largo portion of the country lyiniii-, as herein- before mentioned, on the northwest coast of America, to the westward of the Rocky mountains, south of the 49th parallel of north latitude, and known as Oregon. And they had tlorein and thereupon a right of trade -which was virtually exclusive. The profits derived from their said trade, before and in the year 184G, exceeded in each year the sum of seven thousand pounds sterling. And such right of trade, and tiie control, possession, and use of the said territory for the purposes thereof, independently of their foreign commerce and the sale of ti.aber, exceeded in total value the sum of two hundred thousand pounds sterling. Under the settlement of tlie boundary lino by the treaty of the 15th June, 1846, the said territory fell under the sovereignty and government of the United States; and by reason thereof, and of the acts and proceedings had and taken under and by color of the authority and of the laws of the United States, the control, possession, and use of the said territory by the Hudson's Bay Company, for the purposes of their trade, and their rights in the exercise and carrying on of their trade in furs, peltries, and other articles, as well as their trade in the shipment and sale of timber and their foreign commerce, were restricted an(' denied, and in effect wholly taken away and lost; and for their said rights, and the forced relinquishment and loss thereof, they claim the said sura of two hundred thousand pounds sterling, (£200,000,) equal to nine hundred and seventy-three thousand three hundred and thirty-three dollars and thirty-three cents, (#97r.,;i']a.33.) III. NAVIGATION OF THE COLUMBIA KIVEK. The Hudson's Bay Company aver that, under the treaty of the 2 18 MKMOUIAl, OF 15th Juno, 1846, by article IV. of that treaty, thoy have a right to the I'reo and open navigation of the north branch of the Columbia River, from the point at which the same is intersected by the 40th [)arallel of north latitude to the main stream, and thence to the ocean, with free access and passage into and through the said river or rivers; and that British subjects trad- ing with them have an equal riglitof navigation; and that, lit the company, and to those thus trading with them, the portages of the said river or rivers along the linos thus described ought to be, and of right are, free and oocn. The right thus to navigate the said river or rivers, and to pass unobstructed over their portages, was and is of great value to the company, and is also of great and increasing political and national value t') the United States, and for its relinquishment and transfer tin company claim and are entitled to receive tlie sum of three hundred thousand pounds sterling, (t300,000, ) equal to one million four hundred and sixty thousand dollars, ($1,400,000.) In addition to the special statements hereinbefore contained, the Hudson's T.ay Company submit that, throughout a long stM-ies of years, they expended large sums of money and devoted much labor and time in elVui ts to bring the native population into such a condition that safe and protitable relations, in regard to trade and general intercourse, could be established with them. The exploration of the country, the expenditure for labor, and of the parties engaged, the opening of roads, th(5 strong force required as a protection against the Indians, their conciliation l)rought about, sometimes by a resort to forcible measures, but chiefly by liberal dealing, ellected a great change in the condi- tion of tiie country, rendering it fit for immediate settlement. These were substantial bcnelits to the government and people of the United States, under whose sovereignty this territory fell, and could not have been secured without a very large outlay. It is, of course, impossible to give any minute details of expen- ditures of this class, and of the advantages which the United States have derived from them, but the justice of extending to the Hudson's Bay Company liberal compensation, founded on THE Hudson's juy company. 19 these considemtloiis, is too apparent to allow of anv leasonable hesitation in admitting it. It is obvious that, of the three classes .,f claims set forth in the ioregoing memorial, the first only consists of particulars which, in their tuiture, admit of direct proof of value; but with respect even to these, the honorable the commissioners ,uv earnestly requested to notice that circunistancos which the chiimants could in no u-)gree prevent or control, have -rcatly impaired the means of producing such j.roof in the positPvo anil complete form which, uthi rwisc, they would hiivc^ been enabled to do. Among these c-ircumstanees nmy be s;.e(ilied the aggressive acts a.jd the general conduct of American cii. .ens. and of persons acting under the authority of the United States commencing shortly after the 15th June' 181G, and continuing from year to year, by which the rights of the eh-imants under that treaty were violated and deni.Ml, and thi:- property and possessions were, in some instances, usurped and taken from them, and, in others, were necessarily abandoned. This course of conduct was, perhaps, to be expected, from the anomalous position in which the company were placed— a foreign corpora- tion exercising a qmsi sovereignty and exclusive rights over territory transferred to a power whose policy in dealing with such territory was diametrically opposed to that which the com- pany pursued, and from which they derived their profits. But however this may be, it is an undoubted consequence to the company that their rights and possessions have been thereby made of comparatively little value, and the ditliculty of obtain- ing evidence upon them has been rendered very great. This ditliculty has been essentially increased b\ t'lie lapse ot time since the claims first arose. A delay of seventeen years intei-- vened, during which the United St;ites, while failing to cause the rights of the Hudson's IJay Company to be respected, con- tinued to refuse any satisfactory settlement of their demands. The inevitable effect of this delay, now extended to nearly twenty years, has been to remove by death, or otherwise, the greater number of important yvitnesses, and to weaken the evi- dence which is stlil available, both by the remoteness, in point 20 MKMOllIAL OF <>l tiino. (•! tlu' facts Id bo cstiiblislied, aiul by reason of tho natural decay or of the disappearance of much whicli consti- tnted the value of tlii' ri;j,hts and possessions for which the pro- sent claims arc made. With respect to the second and third classes of claims set forth, the ilaimaiils solicit the attention of the honoratle the commissioneis to the fact before alluded to, that they are of a nature which does not admit of a formal and precise valuation by testimony. Consisting as they do of important rights of trade, and of other rights of a public and national character, they are nmnifestly of great value. Hut the estimation to be [mt upon them, and the amount of the money consideration to be paid fur their relinquishment and transfer, must be settled by the judgment of the connnissioners, founded upon their own ex- |)erience and knowledge, aided by public documents and the recorded opinions of statesmen and writers of authority, and by such general estimates under oath as it may be possible to obtain. The claimants have made the foregoing statement and obser- vations wit!) respect to evidence for the purpose of urging for the serious consideration of the honorable the commissioners, that in their examination and decision of the present claims, they ought not to be restrained by the rules which are observed in the trial of ordinary issues in courts of law. Those rules, under the circumstances and for the reasons above declared, the claimants contend should be liberallv modilied and relaxed in the present case: and they respectfully, yet formally anr E ^r o R I A I. or- Tin: PUilET'S SOUND AdRIClII/niUAL COMPANV. ^ s >» British and American Joint Commission on the Hudson':* Hay and Puget Sound Agricultural Companies' Claims. 1\) tllO H0N0UA15Li; THE COMMISSIONKRS: The Piigot Sound Aj^ricultural Company submit tlio I'ollowin^ memorial and statement of their chiims upon the United States; and IbrfaetH and considerations in support oi' such claims, resjject- lidly declare: That in the vear 1840, and lor nuinv vears previous theretu, the Puget Sound Agricultural Company were, and since have been, engaged in the business of agricultures and farming, and of breeding and raising live stock; and for tlie purposes and in the course of carrying on their said business, they acipiired and became possessed as owners thereof, before the said time, of (rertain farms and extensive tracts of land in the territory lying on the northwest coast of America to the south oi' tiie 40th parallel of north latitude and north of the Columl»ia river. That, upon portions of tiieir said lands, there were jrectod and maile by them, buildings, enclosures, and other impro\ enioiits of great cost and value; and the company also owned and pos- sessed, and ])astured and fed upon the said lands, their said live- stock, consisting of large and valuable herds of cattle and horses, and Hooks of sheep; from tb.e sale and disposal of which, and of the other i)ro(luctions of their said farms and land, they received great annual returns and profit. That by article IV. of the treaty concluded l)ctwc(Mi the United States of America and Great IJritain, under date of the 15th (lay of June, 1810, it was ])rovided: that the farms, lands, and other |)roperty of every description belonging to the Puget Sound Agricultural Company, on the north side of the Columbiii river, should be conlirmed to tlu; said conipany; but that in case the situation of those farius and lands should be considered bv 26 MEMORIAL OF THK the United States to be of public and political importunoe, and the United States government sliould signify a desire to obtain possession of the whole, or of any part thereol", the property so re(iuired should be transferred to the said government, at iv proper valuation, to be agreed Ujion between the parties. That the govcnnnent of the United States has not, at any time, signified to the company a desire that any of th" said property sliould be transferred to the said goveriini'jnt. at a valuation as provided by the treaty, nor has any transfer thereof been made: but the company have ever since coiitinued to be the rightful owners of the said lands, farms, and other property, and entitled to the free and undisturbed possession and enjoy- ment thereof. That, by a convention concluded between the two govern- ments on the 1st day of July, 1S(J3, it was agreed that all (piestions between the United States authorities on the one hand, and the Puget Sound Agricultural Conii)aiiy on the other, with respect to the rights and claims of the latter, should be settled by the transfer of such rights and claims to the govern- ment of the United States t\)r an adeciuate money eonsideration. And the claimants aver that the rights and claims of the Puget Sound Agricultural Company, referred to and intended in and by the said convention, are their rights and claims in and U{)on the said lands, farms, and othei' property of every descrip- tion which they so held and possessed within the said territory, and whif'h, ])y reason of the said treaty of the 15th June, 184G. and according to tlie terms of the Iburth article thereof, the United States becanu- and were liound t(t confirm. And of the ';ai(l farms and other ])roperty, they now submit to the honorable the commissioners a detailed statement and valmition as follows: Fli-'it. The tract of land at Nis(puilly, extending along the shores of Puget Sound, from the Nistpndly river, on the one side, to the Pu-yal-lup river on the other, and back to the coast rango of mountains, containing not le>s than two huiulred anil sixty-one square miles, or one hundred and sixty-seven PUOETS SOUND AGRICULTURAL COMPANY. 27 tliousiind and forty acres; (»!" which said tract of land a portion is improved and under cultivation for farming and atiriculture, and the remaining' [)()rtion thereof was occupied and used by the company for the grazing and pnsturage of tlieir cattle, horses, and sheep, and for cutting wood and timber thereon, and for other purposes connected with their business: the whole being of the value of one hundred and sixty thousand pounds sterling. (€160,000;) the fort, bastions, houses, stores, barns, shops, and outbuilding:!, with the fencing and enclosures at the main post and establishment, and the houses, barns, outbuildings, fencing, and enclosures at the other points on the said land, of the cost and value ;.f four thousand pounds sterling. (€4.000;) these two sums niakiug together the entire sum of one hundred and sixty- four thousand pounds sterling, (€104,000.) equal to seven hundred and ninetv-eight tliousand one hundred and thirty -three dollars and Hiirty-three t-ents, ($798, ISo.So.) Secondh/. The land and farm at the Cowelit;: river known as the Cowelit/, farm, consisting of three thousand live hundred and seventy-two acres, more or less, of which ujjwards of fifteen hundred acres are improved and under cultivation for farming and agricultural purposes, and the remaining portion is used for cattle and sheep ranges and ])asturag(>, and for other purposes co!inected with the business of the said company: the said last- mentioned land being of the value of twenty thousand pounds sterling. (€20,000;) the eslaVtlishment and buildings of the Cowelit/ I'arm, consisting o|" dwelling-houses, saw-mills, stores, granaries, barns, stables, sheds, and piggeries, and of a great extent of fencing and ciiclosures. of the value of six thousand pounds sterling, (.€(!, 000:) the said two last-mentioned sums making togetluM- the entiri' sum of IwtMity-six thousand ])Ounds sterling. (€20,000.) equal to one hundredand twe)ity-six thousand live hundred and thirty-thri'i! dollai's and thirty-three cents, ($12(>,5;5n.;!8.) Thlrdhj. The company also owned and possessed live stock. consistiiiLC nl' three thousand one htmdred head of neat cuttle, 28 MEMOlilAl. OF THE llireo huiuU-ecl and til'ty liorses, ami live thousand three hundred sheep, of the value of twenty-live thousand pounds sterling, (X2'),000;) which were pastured and fed on their said lands before and at the time of tlie conclusion of the treaty of the loth June, 184G, and afterwards, until the time of the commis- sion (if the acts and injuries hereinafter mentioned, by which the greater part of the said live stock was either killed or driven away, and entirely lost to the company, witiiin a few years after the time of the said treaty. And the claimants aver that although at the time of the con- clusion of the treaty of the 1.5th June. 184G, and for a long time before, they held and possessed the said lands, farms, and other property as owners thereof, and the United States, by the terms and according to the conventions contained in the last treaty, undertook and were bound to confirm them in the same; yet the United States failed to execute or grant to the said company any formal title of conlirmation of their said lands, farms, and other property; and by reason thereof, and of the acts and proceed- ings of oflicers of the United States, and of American citizens, and of others assuming to act under the authority of the laws or of the government of the United States, the company were deprived of the use and enjoyment of a large portion of their lands, farms, and other property, and of the rents, fruits, and profits thereof; their pasturage was destroyed or taken from them; their live stock killed or driven off and wholly lost to them; and their entire liusiness broken up or rendered unprofitable. And the claimants have, in consequence, suflered loss to the amount of fifty thousand pounds sterling, (X50,000,) equal to two hundred and forty-three thousand three iiundred and thirty- three dollars and thirty-foJir cents, (?<243, 33.'>.34.) It may be added, as indicative of the value of their property, and in some degree of the nature and extent of th(^ injuries to which the company were exposed, that while they were thus suflering from aggressions, and were disturlxnl in their pos- rUGET8 SOUND AGKICITLTUKAL COMPANY, 29 I'll aessioii, as above stated, a [tortion oC their lands was assessed, for the purpose of taxation, at a vahie of $817,000; and they were conipeUed to piiy taxes (hereupon i'rom year to year, and have actually paid, for such ta js, iho sum of !^U,r)(MJ. In eonelnsion, the claimants submit to the honorable; the com- missioners, that they are entitled to claim and receive the fair value of their said farms and extensive tracts of land, and a just compensation for the capital expended in the acquisitidu and improvement of their said properly, and in tin; buildin.'^s. forts. mills, trading' establisliments. and enclosures thereon; and fur- ther compensation for the loss of tlieir livestock, and for other loss sulVereel by them in consequence of the acts and proceed- ing's hereinbefore comi»lained of. And they ask that, upon the facts and circumstances, and for the reasons and considerations hereinbefore set forth, the honorable the commissioners will, after due examination, maintain their claim sis just and reason- able, and will decide that the United States ought to [)ay to the said company, in satisfaction and discharge of their said rights and claims, and as a proper valuation and adequati- money con- sideration lor the transfer and relinquishment of them, the several sums hereinbefore specilied and now following; that is to say: For the farms and laud, with the buildings, forts, trading establishments, and improvements thereon, one hundred and ninety thousand pounds sterling, (£190,000;) for the loss of the livestock, and other loss sulVered by them l)y reason of the acts and proceedings hereinbefore complained of. iifty thousand pounds sterling, ( £00,000;) making together the entire sum of two hundred and forty thousand pounds sterling money of Great Britain, (£240,000,) eciual to the sum of one million one hundred and sixty-eight thousand dollars, ($1,168,000.) to be i)aid in gold, at the time and in the manner provided by the treaty of 1st July, 1803. And the clainnmts declare that, for the said sum of money, or for such other sum as the honorable the commissioners may 30 MEMORIAL OF THE I'UGET S SOUND AOR L CO. justly award, they arc ready and willing to transfer to the United States all their rights iind elaiuis according to the terms of the said two treaties. .• ClIS. I). DAY, Counsel for the Paget Souiid Atjr'l Co)iii> tmj. Dated April 10. 18(!").