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RKl.ATIXG TO
THE TREATY OF WASHINGTON.
/- ■ -
, [VOLUME V.7-BERLIN ARBITRATION.
/
CONTAINING THE MEMORIAL OF THE UNITED STATES ON THE CANAL DE
HAROASITS BOUNDARY-LINE; CASE OF THE GOVERNMENT OF HER
BRITANNIC MAJESTY; REFLY OF THE UNITED STATES
THERETO; SECOND AND DEFINITIVE STATE-
MENT OF THE GOVERNMENT OF HER
BRITANNIC MAJESTY;
. CORRESPONDENCE.
WASHINGTON:
GOVERNMENT TRINTING OFFICE.
^1872.
\i \
]
>^OTE.
The figures in brackets denote the pages of the editions presented at
Berlin, and th^ references occurring arc to those pages.
C C) N T E N T S
1.
Pa.rc.
MEMORIAL ON THE CANAF. DK IIAKO AS TI[H ]U)UXDA1,'V-LINE OF THE
UNITED STATES OF AMERICA. AS I'RESENTEI) I5V THE A.MEKMCAN PLEN-
irOTENTIAKV, (iEOUCiE JJANCRoFT.
^Ii'tnorial
The point for iiihitriif ion ;{
How the (lisfussion will lie condnctiMl .|
rarallel.s of latiindo the customary boundaiie.s of tao English colonies in
North America 1
The same riih> continued in the treaty of peace of 1^7'J .'>
The same rule applied to the boundary of Louisiana .'>
The United States ac([uire the claims of Spain iu)rth of I'i (i
Mr. Huskisson objects to the divisicm of Vancouver Island (»
Lord Al)erd(!cn ami I^Ir. Everett discuss the northwestern boundary 7
The pamphlet of Mr. Sturgis , " -^
Mr. Buchanan negotiates with Mi'. J'akenham 1)
Final propos.-il of the Earl of Aberdeen 10
Mr. J'lUchanau and Sir liobcrt I'eel believed they bad closed (^vciry caus(>
of dissension 12
The miuistry of Lord ■Jolin Ihissell renews dissension l'>
I'lea for the integrity of Sir Kobcrt reel's ministry V.i
The words of the *^reaty 14
The words of the treaty taken together l-t
Tiio cliannel 14
The channel which separates the continent from Vancouver Island 15
And tlienc(! southerly Kj
riirough the middle of the said channel aiul of J'uca's Straits to the I'acilii;
Ocean 10
The straits of IJosario Hi
Conclusion 17
Ai'i'K.vmx :
No. 1. Extract from the treaty of Washington of .June !.'>, 1-lG. bound-
ary established in 1S4G '. 1<»
No. '2. Extract from the treaty of Washington of May ■'', 1-;T1. The northern
boundary. Matter and form of arbitration li»
No. 15. Extract from the patent granted by .lames 1 of l-^ngland, November
:?, in the eighteiMith year of his reign, to th« council of I'lymouth '21
(English colonial charters boundcjd I'.nglish colonies bv parallels of lati-
tude.)
Extract from tlio charter of Massachusetts Bay granted by CHarlcs I of
England March 4, IC)-:^^ 21
Extract from the old patent for Connecticut 21
Extract from the charter granted by Charles II of I]ngland to the lords
l>roprietors of Carolina, Mar(!h 24, l()();l 22
Extract from the connuissiou of Governor Wright, of Georgia, of the 2(lt li
of January, 1704 22
No. 4. Articles betvreen the United States of America and iiis Britannic
Majesty, Novemlter 30, 1T.:'^2. First treaty between the United States
Jiud Great Britain adopts for boundary a <lue-west course 22
No. r>. Extract from the treaty between the United .States of America and
the French republic, April 30, I'^O'.?. The United States acquire Loui-
siana 22
No. C. Additiouiil and explaiuitory articles, signed the day of- , lrt()7,
to bo added to the treaty of amity, conuiu'rce, and navigation
between His Britannic Majesty and the United States of Anunica,
signed at Loiulon the 'Mat day of December, l-'Oli, The United Statt's
and Great Britain agre*^ on the forty-ninth parallel as a division-line. 23
No. 7. Mr. Madison t(> Mr. Monroe, and Mr. rinckney, (fsxtract,) .July 30,
1807. The United States respect the claims of Spain on the Pacitic. 23
IV
CONTEXTS.
MKMOIUAL ON THI> CANAL DK IIAKO, Ac— ('oiiliiuKMl.
Ko. rt. Mr. Caimiiij; to Mr. Kiiisi, Ainil "JO, 1&.H>. The Jhitish Goveruniciit
invite iH'iifotiiitioiis on tln^ iiortliwesttTii boinwliirv 24
No. 9. Mr. Cliiy to Mr. (ialliitiii, (<'xtriict,) .June It), 18:20. Tho paiiillel of
41) ' the ultiniatmii of tiio United States., 24
Mr. Clay to Mr. (iallatin, (extraet,) Anj-iist 1), 1^2(1 25
No. 10. Mr.Oallntin to .Mr. ('lay,No>einljer2r), Ir'Jti. Mr. lluskisson objects
to (lividinir Vanconver Island 25
No. 11. Mr. (iallatin to Mr. (lay, l)eec.nilier2, 1H2(). Mr. (Jallatin ])roi)ose,s
to exciiiinjjo Vanconver Month 'of 41>" for an etinivalent on the main-
land 2(5
No. 12. Extract lr<»ni "Vanconver's Voyage," Vol. I, i»a<;c ;}12. Spanish
explorers jjreceded ^'alu;onver 2()
No. V.i. Mr. Everett to Mr. Webster, October It), 1842. liord Aberdeen
■wishes to sett hi the (Jrej^'on boundary 20
No. 14. Mr. Everett to Mr. Webster, Nox'eniber 18, 1H42. Lord Aberdeen
■wi.shes to ne^rotiate on the boundary without delay . 27
No. l.'). Mr. Everett to Mr. Tpshur, (conlidential,) Auj;usfc 17. 1841?. Mr.
Everett thiidcH the nejfotiation can bo best carried on at Washinj^ton. 28
No. i(). ^Ir. Upshur to Mr. Everett, October t), 184:?. Full powers are sent
to Mr. Everett to nej^otiate on the Oregon boundary 28
No. 17. Mr. Everett to Mr. I'pshur, November 2, 1843, (coutidential.) The
negotiation trans jerred to Washington 28
No. 18. Mr. Everett to Mr. Upshur, November 14, 1843. Mr. Evei-ctt argues
for the ])arallel of 41)^. He suggests a deflection from 4t)^ would leave
to (jlreat Britain the whole of Vanconver Island 2t)
No. It). Mr. Everett to Mr. Upshur, (confidential,) December 2, 1843. Mr.
Everett and Lord Aberdeen discuss the boundary. Mr. Everett poi-its
out on a map tho deflection from 4i) that would leave Vancouver to
( Jreat Britain 30
Mr. Everett to Lord Aberdeen, November 30, 1843. Mr. Everett presents
his proposition to Lord Aberdeen in writing 32
. No. 20. Mr. Everett to Mr. Nelson, April 1, 1844. Mr. Everett and liOrd
Aberdeen contiinu) the discussion. Mr. Everett thinks that Great
Britain will accept the line of 49° with the proposed deflection 33
No. 21. Extract of a lecture delivered by Mr. William Stnrgis before tho
Mercantile Library Association of Boston, January 22, 1845. Views
of Mr. Stnrgis 34
No. 22. Mr. Everett to ilr. Callionn, February 28, 1845. Mr. Everett
thinks that (he line of 49 deflected, so as to give the whole of Van-
couver to (iroaii Britain, is all that either party will concede 35
No. 23. Mr. Everett to Mr. Calhoun, March 7, 184.5. Lord Aslibnrtou
thinks there will bo not much difficulty in coming to an adjustment. 30
No. 24. Mr. Everett to Mr. Calhonu, April 2, 1845, (confidential.) Mr.
Sturgis's pam])lilet regarded by a friend of tho British juinistry as
fair and candid 30
No. 25. Lord Ashbnrton to Mr. Stnrgis, April 2, 184.5. Lord Ashburton
regards Mr. Sturgis's i)aniiihlet as distinct and imi)artial 37
No. 2(). Mr. liatcs to Mr. Stnrgis, May 1, 184.5, (confidential.) Lord Aber-
deen pronounces Mr. Sturgis's pnmpblet clear and sensil)le ;?7
Extract from an article by Mr. , senior, in the [London] Examiner,
No. lt)43, Satnrd.'iy, April 20, 1845. The only real claim of the Brit-
ish rests on coutiffnity 38
No. 27. Narrative of the United States Exploring Expedition dnring the
years 1838, 1839, 1840, 1841, 1842, by Charles Wilkes, United States
Navy, conmiaiKler of the expedition, in five volumes, and an atlas :
Philadelphia, 1845, vol. Iv, chapter xiv, 1841, page 484. Wilkoa sur-
veys Canal de Haro in .) uly, 1841 38
No. 28. Mr. Buchanan to Mr. Pakenham, (extract,) July 12, 1845. Mr.
Buchanan offers the line of 49"^ with free ports on Vancouver 39
No. 29. Mr. Pakenham to Mr. Buchanan, (extract,) July 29, 1845. Mr.
Pakenham rejects Mr. Buchanan's ofter 39
No. 30. Mr. Buchanan to Mr. Pakeidiam, (extract,) August 30, 1845. Mr.
Buchanan withdraws his olTer 40
No. 31. Mr. MacLano to Mr. Buchanan, (October 3, 1845. Lord Aberdeen
censures tho rejection of the American proposition by Mr. Paken-
ham 41
No. 32. Mr. MacLane to Mr. Buchanan, December 1,1845. Lord Aberdeen
would have taken Mr. Buchanan's otter as the basis of negotiations. . 41
f
CONTENTS.
!tt
Faj^o.
24
24
25
25
2(i
20
20
27
28
28
28
2i»
;?o
32
;54
35
30
30
37
37
38
MEMORIAL ON THE CANAL DE HARO, &(•.— Continii.ML
No. 33. Mr. IJatt's to Mr. .^^turj-is, (private,) Di'ccuihcr 2, ls|.'). Hudson
Hay Company itrcvciit scttlt'iiu'iit. No Ainericau will eonuedo iiioro
than till! lino ot"4!l and Euca's Straits 4i
No. 34. Mr. MacLatif to Mr. Iiuclianan, Ei'l)rnary 3, Irlli. Mr. raUcnham's
conduct stronj;ly disapj)rovcd in Enjj;land. Lord .John Russell calls Mr.
Pakcnliani's rejection ol" the Aniciican oiler a hasty judcecdin;;. Sir
Kobert Peel says that Mr. rakenhani ouf^lit to have referred the
5 American otler to his Govcrnintiut. Sir Hohcrt I'cel for a peacealde sct-
I tlement of the Orcj^on nuestion. Mr. Mac Lai e rejiorts that the British
i. Govern uiunt will accept the line of I'.l and the straits of Euca 43
! No. 35. Extract from the speech of .Mr. Calhoun, of South Carolina, in the
' Senate. March 10, 1840. Tiie line of 4'.» the only line admissible 44
Extract frmn the speech of Mr. Wel>st(!r, of Massaclinsi^tts, in this .Senate,
Mar-di 30, I-'4(!. (ireat liritain cannot expect anythinj^soutii of 4',l^. .. 45
Extract from the debate on tlio Orej;on (|Uestiou in the House of Rei)re-
Hcntatives, Ecbrnary l», l"*!!'). Jolinjf^uincy Adams re;i,irils American
; title as clear to all territory on tht; I'aciiic, south of 51 ID' 45
..'. Extract from the S])eeeli of Mr. J. i^. Adams, in the House of Kepresenta-
} lives, Ajiril 13, 1S40 45
Extract from thespe(;ch of Mr.Cuss, of Michijjan. in the SlmuiIc, June, 1840.
To aece))t the lino of 41t rejjfarded as a sacrilico 45
Extract from the speech of Mr. .Sevier, ot Ark;iiisas, ohairman of XXvi Com-
mittee on Foreign lidations, in the Seiiatts, March 25, ISJO. Many
Americans claimed 54 41)' as the boundary, and would liolit for 41* 40
No. 3(i. Extract from thi> [London] (,»uarterly IJeviesv for March, 1840, vol.
Ixxvii, paye()U3. The Quarterly in favor of the line of 41) and I'uea'.s
Straits 4(>
No. 37. Mr. ISuchanan to Mr. MacLanc, February 2(5, 1840. The I'resident
may consent to consult the Seiiato on any Ihilish ]>roi)osJti()ii. 'I'he
President wishes not to leave open any source of new diflieultics. The
President would submit to the Senate thts liiu; of 4'J and the straits of
Fnca 4G
No. 38. Mr. MacLaiio to Mr. Buchanan, March 3, lf!40. Mr, MacLane re-
ports that Great Britain Avill assent to no better partition than the lino
of 4'.)' and Fuca's Straits 48
No. 3i). Mr. IJates to Mr. Sturi^is, Ajtril 3,1840. The Orcyon iiuestion sure
to bo settled on the Ame? "in basis 48
No. 40. Mr. MacLane to Mr. Buchanan, Ajnil 17, 1840. The British Gov-
ernment wait for Conj^ress to give notice of the abolition of the treaty
for the non-occupation of Oregon 4i)
No. 41. Extract from the spetsch of Mr. I)ix, of New York, in the Senate.
February 1'.), 1840. AVilkes's majt of Oregon the map used by the
American Senate 49
No. 42. Mr. MacLane to ^Ir. Buchanan, May 18, 1840. Mr. MacLane and
Lord Aberdeen discuss the Oregon (luestioii. The British (iovernmeiit
will olfer to divide the territory by the parallel of 41) , Birch's Bay,
Canal do Haro, and Fuca's Straits. The above proposed boundary-
line is that suggested by Mr. Everett 49
No. 43. The Earl of Aberdeen to Mr. Pakenham. (extract,) May 18, 184<).
Lord Aberdeen offers the forty-ninth parallel, retaining the whole of
■\'aneou ver Island for England 51
No. 44. Extract from the speech of ^Ir. Benton, of Missouri, in the Senate,
June 18, 1840 ; debate on the ratitication of the Oregon treaty. Mr.
Benton liuds that the boundary-line passes througli the Canal de
Haro 52
No. 45. Extract from the speech of the Earl of Aberdeen, in the House of
Lords, Monday, June 21), 1840. Lord Aberdeen and Parliament are
aware of the interpretation given to the treaty by the United States
Senate. Lord Aberdeen's regard for Mr. MacLane 52
No. 40. Extract from the speech of Sir Kobert Peel in the House of Com-
mons, Monday, June 29, 1840. The words of tlio treaty were chosen by
the British ministry. Sir Kobert Peel's interpretation of the treaty.
Sir Robert Peel declares every cause of dissension between Britain
and America at an end , 53
No. 47. Mr. MacLane to Lord Palmerston, July 13, 1848. The American
President regards the treaty of June, 1846, as establishing amity 55
No. 48. Extract from " Exploration du Territoire de l'0r(5gon, etc., exdcut<iO
pendant les aundes 1840, 1841, et 1842, par M. Duti'ot dc Mofras, at-
VI
CONTKNTS
MKMUinAL ON Tlir, CANAL l>i: IIAi;< ». \c.— ('oiitiiinnl.
tai'li('' h III Iv(';;;ili()ii (If Friiiico a Mexico." Mot'riis doscribcH tin- cliaii-
iicl (>(' I laid an tli(^ best
No. 41*. I'ali'v's Works, cditioii ol' I>j."i, vol. i\ , ji. ~.'>. Ambi;^iiity iio e.scupo
IVoiii f lit^ ]iro|ifi' Hciisr of a jiroiiiist^
No. r>((. Si'ci'ftary Moiiroi' to tlic Aiiiciicaii roimnissioiuTs for Ircatiiij; lor
pciu'o ".vitli (Ii'cat I'liitaiii, Maicli "Jvi, l"'! I. .Viiicrican lOiiiiiiissioiiciN
iiistriictcil, in I-'l 1, to yield iiolliiii^- south of I'.t
Pago.
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IKIJ IIIMTANNIC MAJllSTV .slHMITT
<>I' HIS MV.IKSTY Tin; KMI'KK'OK
CASK (IF Tin: (iONKl.'NMHNT (»F
TO TIIK AIMilTUATloX AWAIM)
GKKMAN^ETC.
Case of the fJovcriiuwiit of IIit J5rili'-"iic Majfsty
'I'lic (iiu'stiou for (li'cisioii ^.
Treat V of .hiiic \r>, l-^Ki, (Article '^
Treaty of Jlay .■^, I.-71. ( Artiel.' X.vXIV)
'J'ho strait of (ieorj;ia
The liosario Strait
TheCr.ual i!e Ilaro
Orii;ii) of the names of the t wo channels
Kxteut of Fnea's Strait
Navi<;ation ot' I'ncu's .^traits
I lilies for the intcr^iretatioii of treaties
The lirst rnle of interjiretation mi its a[»i)lication to the treat v of 1>1(>
The second and third rnles ol" interpietation. The context of tln^ treaty
considered. Th(> consonance of the second and third para^raidis of
the treaty. IJeason cd' the thiid iiara»>raidi
The fourth rule of iiderpretat ion. The motive (d" the treaty
The object of the treaty. No name is j;iven to the cluunnd
The (iflh rule of interiiretation. A favorable iiderj)retation to be pret'erred
to an odious interpretation. Tli(> (diaits in use in l-^Ki
'J'he sixth rule of interpretation. The lu'esuniption is in favor of tlie pos-
sessor of a thiny,-
Kecapitulation of facts
AiM'f.Ninx :
N'o. I. Articles XXXIV to XKII id' the treaty liet ween Cireat ISritain an<l
tht^ riiitc(l States of America, signed at Washington on tin; ''th Mav,
1S71
No. II. Copy of treaty between (Jrcut lliitain and tlie I'nited States of
Anieri<'a. sij;ned at Washington on the l.">th Jnne, ISK!
No. III. A n.'irrative ot' the passage t)f His JJritannic .Majesty's shijis dis-
covery and Chatham, under the command of Captain \'aiicouver,
through till' Straits of .luan d(! I'"uca, and through tlm channel known
at the present day as the Ifosario Strait, to IJircli ISay, situated ii; tin;
aai'ient gulf (d' (ieorgia. S. •>:> W. and N. 7'J W., (extracted I'rom vol.
I of Captain A'ancouver's \"oyages, publisheil in IT'.H)
No. IN'. A narrative of the voyages made liy rlie Spanish vessels Siitil
and Mexicana, in the year IT'.i'J, to explore the stiait id' Fiica
(A nd'erence to tins voyage; of sub-lieiitenani Don Manned (^)u.imper, m
IT'JO, to the strait of Fuca, extracted from chapter I of the Narrative
of the >'oyage of the Sutil and Mexicana, in IT'.i'J.) -.
No. V. Ueelarations of W. J I. McNeill, W. Mitchell, Captain Swansou,
^lessrs. Anderson, If. C. J-iCwis, and Finhiyson, master-mariners, Ac,
who have oommanded or are in command of vessels navigating the
straits bidween \aneouver'.s Island and the continent of America
No. \T. Attested cojiy of the log of Her Majesty's steamship Cormorant, in
the months of Sep tend )er and October, l-'lCi ,
UI.
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98
117
REPLY OF THE UNITED STATKS R) THE CASE OF THK COVEKNMENT OF
IlEU JJillTANNIC MAJESTY.
I. The British Cuae
1-2:]
II. Keply to the arguments of the British Case 121>
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CONTKNTS.
VII
I'.i-i'.
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, 111
117
KXT OF
12n
i5>y'
IIKPLY Of Tin: rNI'IKD STAT'l'^. A •.—('. )ntiniii'il.
III. I'nicrcdiii^M iinilfr tlir ticjit\ of 1^1(1 1 ;•>.'>
IV. Jiitfri»r<;tatioii of the treaty "of l-n; {.[•»
Ari'i'.NPix' TO nil- m-.n.v :
No. r»1. CoiTcsiPoiKlcncf Ix'twiTii Mr. I'lniiiTofl , Mr. r.iii'Iiiin;iii, ;iii(l l.onl
raliinMston 117
Mr. ItaiKToft to Mr. ISiicliaii.iii, Nostinln'r :;, l>li'.. 'I'lic .straits of llaro
(lie treat \ 'loiindiiry 117
Mr. iiiieliaii.iii to .Mr. Iiaiierol'l. Deeeinlier •i-, l-lf.. Iiistriiets Mi'. Haii-
( lofl lliat lliiio is the lioiimliii y-i'liaiiiiel 1 17
Mr. li.iiK'idft to Mr. IJiielianaii. .Maieli •>'.>, '.■'17. NN'ariis Mr. IJiieliaiiaii
of (lie tlesii^lis of the I liiilsoli's r>:iy Colllliaiiy 1 I"'
Mr. Jiancrofl to .Mr. r>iieliaiiaii. August t, 1-h. .^Ir. iiaiierol'l's iiitei-
\ icw with Lord I'aliiierHloii 148
Mr. Itiinenift to l-ord r.ilnier.stoii, .liil.\ I'd, Hl^. .Mr. liaiierofl write.-s to
Lord i'aliiierstoii tiiat llaro is the lioiiiid.iiy II!)
Mr. r.aiicrofi to Mr. liiichaiiaii, ( >elolier lit, l-'l*. Mr. lianeroft eoiitiiiiU's
the SI I litest ion that nnjii>l ehiims may 1m! made 1 1'.l
.Mr. li.ineioft to Lord raliiierstoii. N'ovemlier IS. l*h. .Mr. I'.aiieroft olli-
eially informs Lord I'almerstoii that the lionmlary runs i hroui;li the
middle of the ehaimel i.|" jj.iid l.')()
Lord I'alm.'iston to .Mr. It.imroft, \ii\ ember 7, 1-f-?. Lord ralmerston
ijives the aei|iiiescriiec of silniee to the 1 liiro ('liannel as the 1ioiind;iry lilO
No. ">'i. Mr. riaiierof( to .Mr. ('amplMli. ,)iine !.'>. l-.")~. .Mr, iS.iiierofl refers
.Mr. ('am|ihell to liis eories))uiideiiii' w itii J, Old I'alinerston 1"()
No. .''):). l)e(dar:»tioii of ]'ear-.\ilmiral \Vilkes, i\i»rii'iry Iti, 1-7'J. Ki'ai-
Adiiiiral AN'ilkes on the chaiiiiel of llaro l.")l
No. ■")!. Commodore Case' to the Secretary of the Xavy, I'ehniiiry l'>, 1-7'.'.
Statement fif Commodore Case on the Canal d(! llaro l,j'2
No. .')'>. Mr. (iihhs to the Secretary cd' St.'ite, I'elniiary "J", l-7"i. Statement
ol' Mr. (ieori;e ( iiUlts on the Canal de Haio l.'):5
No. .')(!. Lxtract from letter of M<'ssrs. Caiiijibell and I'arke to the Secre-
tary of State, I'elniiary :>, l^l'i. Why the vessels of the lludsi,.! IJiiy
Coin]iaiiy used the so-ealled Ivosario Straits VA
No. .")7. .Mr. Camidtell to the Secretary of State, January 1'.', l87-i. Tlie
IfaroClianmd the usual chanmd 1.").')
No. .')ri. 'i'lie. Attoiiiey-tieiieral to <^^he Secretary of State, Ainil ti, 187'J l.w
Mr. Crosl)y to tliu'AttoriK^y-Ceiieral, April •,'. l-^7tj. Why the Ho-called
Kosario Str.'iif was used. The Canal de Haro used by the vessels of
the IFudson's ISay Coi'i/any liefoi-e If^Ui l.")()
Canal de Ilavo the passage to the north l.">7
Wortlilessiu'ss of the middle; channel l.")8
DifVereiic«5 between Haro ami Kosario Straits loS
No. o'.t. ]5riji;adier-(ieiieral Caiiby to the assistant adjutant-general at Sau
Francisco, April 2. 1>'7'J '. l.')0
Why the so-ealled Kosario Strait was used l.j'J
. No. fii). Koport of Captain (?. II. Kiehanls, October "2'>, 1'^.')^, in jiajaTs re-
lating to British Coliiinbia, presented to both houses of rarliaineiit,
by cmninand of Her Majesty, Anj>ust 1'2, 1>.")1I 159
Description of Haro Clianiiel by Ca[itaiii IJiehards, British boundary
comiuissioiier 1.^)9
No. fil. Atlidavits concerning;- the iiavij^ation of tlie Cana! de llaro 159
Kcminj^tou F. I'ickett l.V.*
(Jeorgc Thomas Seymour ItiO
Albert Henry Giiilil 1(51
■Williani J. Waitt : Haro ('haniiel used exclusively tor noit hern trade
.since csiablishmoiit of I'ort ^'ietoria, Hl"i 1G2
Francl.s Tarbcll : Haro Channel used, by Hudson's Bay Company since
establishmcuit of Fort Victoria 1()3
Hudson's l?av Coinpanv used Haro Channel before 181(5 1(54
Charles Willoughby...' 1(;4
James S. Law.soii 1(55
Thomas McManns 1(5(5
Wilke-s surveys Canal de Haro in 1S41 Ktfi
Adam Benson 1(37
The steamer Beaver towed the ship Columbia through Haro Channel in
1845 ]()7
William N. Horton 167
JolmMcLeod 169
VI II
CONTEiVTS.
Tnno.
REPLY OF THE KNITHI) STATES, A-c.-Coiitirnifid.
('aiiiil (Ic Haidrcf^nlarly iiavij;iiti'«l by vomhcIs of JIiiilsoii's Hay Conip-'ii'V
•HiiH.' iHl-i ■ '. Ki!)
W. H. Gray 1<>'.>
.1. A. (iardiiiti 17(»
William II. Oliver 170
Canal lie Haro i('f;ularlv ii!ivij;att'(l by vchscIm of IIikIsoh's Hav Comiiaiiv
Hiuco IHJ'i ; ". ". 171
( 'liarlt'H M. liradnhaw 172
IJriali N.-lsoii 17:{
No. i'>'2. Extract of tlu« ii'jtoit of tlio voya}i<^ of do Eli/.ii, forwurdfd Dcctiiii-
Imt 'J'.t, 17!tl, fioiii San lilas, by .liiaii I'aiitoja y Airiaj;a 171
Siiivry of tlu' (!aiial dc Ilaro by tb<! Spaniards in 171U 174
Uiscovrry of th(^ lnoad npiicr •liaiiiicl of Uosario 17(i
No, (■)'.{. Extract from tlio iiistnictioiis to Commaiidci' (<cor;ic Vancouver,
by the commiHsionei's, for execntinj;' tlie oflice of Lord Hif^b Admiral
oi' (Jreat Ibitain and Irelaml, iVc 177
Vancouver followed the lead of AmericaiiH. Hi.s in.struction.s 177
No. (il. Extract of voya<j;e of Cai»tain \'ani'(niver. No soundinjj;.s api)'.'ar
on Vancouver's map when^ tlio water is of jfrcit depth 177
No. (!'». J'^xtracts from tlie reniiiiks of Mr. Daniel Web.stiM' in tiie Seiiato of
the United States, :Mareh :!(l, lH4(i 176
No. tiC). Four years in Hritish Columl)ia and Vancouver Islund, by Com-
mander l{. ('. Ma vne 178
Where Fuca's Strait ends 178
Facts and liu;nres relating; to Vancouver Ishind and Hritisli Ccdunibia, l)y
J. Despard rendicrton 178
Limited extent of Fuca's Straits 178
?i'o. ()7. Extract from a letter of Sir .F. I'elly, governor of tlie Hudson's Bay
(,'omitauv, to the Lords of the Committee of I'rivv Council for Trade,
February 7, IS^H / 171)
Tlie HikIsoii's Ha\' Company expel Americans from t'.e fur-trade 17l>
Allidavit of \V. II. (iray 17'J
Jlxtract from a hitter of Sir .1. Pelly. <;overiior of the Hudson's Bay Com-
jiauy, to the F^arl of Abenh'cn 180
Tlie HudHoirs Bay Comjiaiiy sujff^est to liord Aberdeen to draw the
boundary-line through the eliannel used by Vancouver 180
Xo, G8. Mr. Crampton to Air. liuciianan, .hinuary 1:5, 1848 181
The British Oovernment wislies the Americiin to agree on the channel
used by N'ancouver as the boundary 181
No. ()1>. Extract from additional instructions to Captain I'revost, Decem-
ber iiO, IHoO ; 181
Tim British ( Jov(;rnmeiit in 18.'>(') does not claim the so-called Kosario jis
the boiindarv 181
No. 70. Captain Wevost to Mr. Camiibell, (extr.nct,) Octolier 2'^, 1857 182
Admiral I'revost on the channel of the treaty 182
No. 71. Mr. Edward Everett to Mr. Campliell, (extract,) May 2!t, 18.->h 182
Mr. Everett on the channel of the treaty 182
No, 72. Mr. Campliell to ]\Ir. Cass, (extVaet.) February 10, ls.-,8 183
Lucid statement of Mr. Campbell on the channel of the trc^aty 183
No. 73. Lord .loliu IJussell to Lord Lyons, (extracts.) August 24, Is')'.) 184
The British (Jovernment announces its intention of obtaining the Island
of San .luan 184
Sir L'iehard I'akenhani on the watei'-bouiidary under the Oregon treaty
of 184(1 185
Sir \i. Pakeuliam, in 1851), denies the Rosario to be the channel of the
treaty 18.5
Sir K. Pakenham misstates Lord Abtadeen's instruction hy ^uppres8illg
.lis description of the cliauuel of the treaty 185
No. 74. Mr. Cass to Mr. Dallas, October 20, 186'.) 18G
Mr. Cass on the channel of tlie treaty 18G
No. 75. Lord John Russell to Lord Lyons, (extracts,) December Ifi, 1859.. 188
The British government in 185'J does uot claim the so-called Rosario as
the boundary 188
Lord John Russell does injustice to the moderation of his own adminis-
tration in 1848. Lord Palmestou gave the acquiescence of silence..., 188
No. 7G. Abstract of the returns of the ninth census from the " disputed"
islands in the county of Whatcom, Territory of Washington 189
The population of the Ilaro Archipelago more than two-thirds American 189
Charts and maps to memorial and reply 183
SKCO
al
'al
al
'a;'
II
M
A
i
<f
,i
No.
No.
No.
No.
No.
CONTENTK.
IX
I 'age.
>;iriv
• • • »
1()<)
- - • ■
1(>!)
- - • •
170
- . . .
170
Kiuy,
• • • •
171
- . - -
172
• • • .
17M
•(•Ill-
- • - •
171
> ■ • •
174
• • > .
17(;
VIT,
lii'iil
• • • •
177
....
177
I^'-^ar
....
177
iiioi
....
178
'oin-
• • - •
178
. . - •
178
J '>^
178
- - . •
178
Uay
kIl',
- - - •
17»
• - - -
17!)
- . . .
171)
0111-
180
tllo
• • •
180
. • •
181
iiicl
• • ■
181
eiu-
* ■ .
181
) as
> > •
181
...
182
- - -
182
. . «
182
• . ■
182
- - .
183
■ ■ .
18;}
• , .
184
(lul
• . .
184
'ty
1^5
tho
» • •
185
"K
185
> • .
18G
, ,
18G
)..
188
as
. •
188
IS-
^ ^
188
1"
• •
189
lU
189
, ,
18a
sr.(
' IV.
ONI) AM) iiKi'iMi i\'i; si'A I i:mi;\i' ox ukiialk of riii; covi-.i.'n.mkni
OF IlKl: i;ii'll'ANMC MA.IKSTV.
HI I
lit II
Ill III
Hi IV
Ill V
Ilistdrifiil notes. IHJH to 184(1;
Mis ...
|H-.>4
lH-2(i, IH27
1H-<>7_1HI-J
1rt4:{
!4:'
1844
1845
lH4(i
('Ill'nlinl()n;i(';i| list showill;; lllr liiiliics illlil ilatrs iii' ii|)|iiiilil aiciit oC tlir
\iirioiis l'iliici|ial Scrrcfiirir.s ol State lor I'oicinii ADaiis in (in-al Hril
aiii and IJrilisli Ministers at \Va>liiin;loii, anil ol'llic \arioiis I'rcsiilmt.s
anil Scciclarics of Stale of tlie rnileil States, ami Fnited Slates Mini --
ters at Loniloii. I'roni l-'l* to F-'Vi
.Meinoiandiini relalivi' lo (lie ()iij;in ,ind |iri\ ileu,e^ of ilic lliidsdM' l!a\
(.'oiiipaiiy
Ari'i:.M)i\ :
No. 1. I'',\ll'ael >llo\\ inn llie \ i( AS III l",all nl' Aliildirii niil Sir I' •liird
I'aKenliam
Lold.lolin h'lisselj In Loiil Lyun>, All;;ll.>l •-'l, l-^.'i'l
liielosiire in a'lovi uieinorandiini liy Sir K', I'.iIm iili.iin lei llic u.i'rr-
boiind.'iry iiiiili I liie Ore;;(Mi |real.\ ol" l^lii. ..
No. 2. t'onesiMindcnee lictweeii Mr. Mancrori and .Mi'. l!ii( hiiiaii
Air. l?ai.i .'(il't. to .Mr. I?iielianaii, Xo\eiiil>er :;, Hlli
Mr. IJiielianan lo Mr. l'>anrrot'l. Deeeiiilier 'l~. isHl
No. :>. Letters ol' Mr. ( 'ram pi on show in;;' .Mr. Ilnelianan's u|iiiiioiis
.Mr. Cranniiiiii to N'iseonnI I'almervim., ,lanuar.\ I:!, I-I^
Mr. ('rani|iton lo Mr. .MariN , l''el>rii,ir.\' ".', F"'.')ti
Xo. 4. Conversal ion and em respondenee between Mr. Ilaiiiiull ,iml \i.-^-
eoniil I 'aimer. -.ton .
Mr. lianemrt to .Mr. Iltielianaii, .Aiij'iist 4, lr\t^
Mr. Biineidl'l to Xisiiiinl I'almerston, ,)nly :'il. l.-|.-
N'iseniint I'alinerslon to Mr. I Sane roll, An nasi "il. I>1-
Mr. Hanerol'I lo ^'iseonnl I'alnu'iston. Nosenilier ;>. 1>IS
^'isl•olUl^ I'almerslon to Mr. I Jane roll, No\ i ndier 7, F'^l'^
No. r>. I'l'oposed amendment to Artieh; II of treaty
Mr. lioelianan to Mr. .Mael.aiie, .liiiii- i:;. I- 111
V.
Xo.
•iiye.
1!).-.
lit:
1!)'.)
2117
•i'l'.i
21 T
217
21>
.>\s
21!)
•.'•ill
22:}
22(!
211
•-Ml
•ill
• ' 1 '.
21.".
24.".
24tl
24ti
2)7
21!»
24! 1
2.')l»
•J.'d
250
251
251
251
COKWKSl'oXltFXtM:.
1. Mr. I'Msli to Mr. Maiicrol't Ineloses diaii;;Iil ol' a note in lie pre-
.liily 1-^. 1>7I. rented lo the Kiiipeior ol' ( ierniaiiy.
inviliiii'' liiiii to act a.s .■irl)iti'ator lie-
I'.veen the I'liited States and (ireal
Hiitaiii in I he nortliwest watcr-lionml-
aiy eontroveisy
No. 2, Air. Hiuicrol'l to Mi; Fish Imloses copy of joint mile pii'seiileil
.Inly 2!t, 1.-71.
n\ itiiif;' the- Kiii]ieror to aei as ail
trator
Xo.
Xo.
Xo.
:?. Mr. liancioft lo .Mr. Fisl
4. SaiiU! to same
Ainiust 21, l.-^71.
S(M)teiiiber 1, 1871.
The Emiierov aeei'pis oflice ol ail tia-
2.".:
tor
Foi'iiial acceptance by ilie lOiiipeior of
the oflice of arbitrator
5. Mr, Davis to Air. Hancroft
... The President exprfsses his j^ratel'iil ae
Se]iteiiiber 2'^, |S71. knowledgiiicnts for the. action of tli
Eriiperoi
25>'
11 r>
f;(:)NTKNTS.
Vane.
COKKliSPUNDENCE— Contiiiii.Ml.
No. (i. Mr. B;iii(;n>ff til Mr. Fisli .MciiiDiiiil of tin- I'nitiMl Sfiites on the
Dfcciiihcr 1"<i, |h71. Ciiii.vl dc Miiro us tlicir nortliwi'sl
l)oiiii<I.iry prfsciift'd 'J.')'.!
No. 7. Siiiiic 1(> sMinc I'.ritisli (Imsc jiinl K\ iilciicc iirt'sciif.cd. . "J(i(i
Ditccinlicr l.'i, IrtTI.
No. f^. Siiiiu^ to same K'lccipl ui' (lie nifinoiiiil acknowledged. '2(i()
DcceiiilxT 'J^, 1H71.
No. !». Same to sanif Iicplics ol (Ik^ United States and (ire at
JniK' 11. 1"'7'J. liritain delixered to the (ievnian gov-
(M'nnient "JdU
No. 10. SauK^ to .same TranHinits copie.s of tlie replies and of
June 17. lH7'i. Ilie eorrespondcMiue attending tiieir
delivery '2t)l
No. 11. Same to .same. ... lveeei|)l ot" detinitiM' statements l>y (lie
June 'Jt. 1H7'^. iJernian government .leknowledged.. 2I):{
No. 12. Same to same A)i])ointni(^nt of gentlemen to (examine
June ys, IH7'J. Ilie llaro l>onndary ipn'stion 'HV.\
No. 11{. Same to same l)etisioi
I resiMM
■tiiiji fli(^ northwest
1'
Sejdemlier :i(). 1"<7'J. boundary ap)>roaehes its .solution 'Jill
No. 11. Sami' to same Announeement of awaid delaved l)\-
OetolxM- 1. rs7-.'.
leath of Trinec Alhreeht "JlU
No. 1.">. Sami' to same 'I'lie iniiierJ!;! arl>itrator decrees thai the
Oetoher y:?, 1H7'.'.
laim of the riiil((l Stales is most in
ilh I he true interpreta-
.icciirdaiicc w
No. 1»>. -Mr. Mancrott to Mr. I'isl
lion of the IreaiN of .)nne 1'). Ir^KI
. ( Niniirat nl.ii ions on ;i\\ .•iri
•i(),1
October •»>!. \f*7->.
No. 17. Mr. r.iini'roft to Mi'. ImsIi
.\\Nard iiccixid and forwarded. Con
()ctol)er -.'l, 1-T'.'.
gr.itnial ions on
result. 'rhanl.'.s ot'
the President expressed lot lie l^ui])
ror
No. IM. Same to same Importance of the award. I'lieiidly
( )itohcr ".^4. IH7"2. (ondnct of the British emliassador
rhronghoiit till' discussion 'ili'
No. I'.t. Mr. Nicholas h'ish to Mr. Fisli lu'e-inihiirsement ol' costs and <'xpenses
Novemher 'J. I'-T".'. of the arliit rat ion decjiiu'd hy the
(ierm;in government 'Jtl:
No. 'UK Mr. I'"ish to Mr. IJaneroft I'licndlv act of the (xorman govei-nment
s'ovemher
>7, i-^r-.
No. "-21. Sir K. 'riiorntoii toMr. l-'isli
Novemher '■!] . lS7'-i.
liigldy appreciated 'UVJ
Kll'ecl to lie given to the award with-
out delav .' ',>7tl
No. yy. Same to s.ime The detachment of roval marines has
November '-lA. lH7'i.
•'711
Mr. I'isli to Sir Iv Thornton
N(
lb
H7
e\ acuated San .1 nan
Acknowledges note. Spontaneous ac-
tion of the British government in
accepting the aw ard is highly appre-
ciated 'J71
Page.
s oil the
ortliwt'sf
anil
H(^iit("(l.. '2V>U
k'lt'dnred.'itio
1(1 (ilCiit
i.'in <4()v-
mj
' and of
ig their
'^'(il
<!•>• the
I'djred.. 2V):i
;x.'miiiie
ti(>:{
rtlnve>!t
ion "ilil
ved liv
'. -ifit
hjir the
nost in
rpreta-
IH4() .. ',>(!.-,
tifir)
('"li-
nks ()('
l']n!|)e-
i2<i5
iendly
ssiidur
-.'(IH
)en.si!.s
y tlie
-JfW
mienl
'>m
witli-
270
s lias
'270
s ac-
it in
[ipre-
-,'71
r.
:memoria.l
osr
THE CANAL DE HARO
AS
THE BOUNDARY LINE OF THE UNITED STATES OF AMERICA,
rin;sKNTKi) in tiih xamk of
THE AMERICAN GOVERNMENT
' , - f Of- , .
HIS MAJESTY WILLIAM I,
r,i;i!MAX EMPKUOU AXD ICIXO OF I'liUSSrA,
AS ARBITRATOR,
]]Y Tire AMKKICAN rLEXIPOTENTIAKY,
GEORGE BANCROFT.
Id
r
M E M R I A L .
The treaty of which the interpretation is referred to Your Majesty's
arbitrament was ratified more than a quarter of a c«^ntury ago. Of the
sixteen members of the British cabinet which framed and presented it
for the acceptance of the United States, Sir llobert Peel, Lord Aber-
deen, and all the rest but one, are no more. The British minister at
Washington who signed it is dead. Of American statesmen concerned
in it, the minister at London, the President and Vice-President, the
Secretary of State, and every one of the President's constitutional ad-
visers, except one, have passed away. I alone remain, and after finish-
ing the threescore years and ten that are the days of our years, am
selected by my country to uphold its rights.
Six times the United States had received the oiler of arbitration on
their Northwestern boundary, and six times had refused to refer a point
where the importance was so great and the right so clear. But when
consent was obtained to bring the 'Question before Your Majesty, my
country rCvSolved to change its policy, and in the heart of Europe,
[4j before a tribunal from wliich no judgment but a just one can *eni-
anate, to explain the solid foundation of our demand, and the
principles of moderation and justice by which we have been governed.
The case involves questions of geography, of history, and of interna-
tional law ; and we are glad that the discussion should be held in the
midst of a nation whose sons have been trained in tliose sciences by a
Carl Ritter, a lianke, and a llettter.
The long-continued controversy has tended to estrange from each
other two of the greatest powers in the world, and even menaced,
though remotely, a conflict in arms. A want of confidence in the dis-
position of the liritish government has been sinlving into the mind of the
States of the Union now rising on the Pacific, and might grow into a
popular conviction, not easy to be eradicated. After having secured
uniou and tranquillity to tlie j>eople of Germany, and attained a hapjii-
ness never before allotted by Providen(!e to German warrior or states-
man, Avill it not be to Your .Majesty a crowning glory now, in the fiUI-
ness of years and in the (luiet wliich follows the mighty struggles of a
most eventful life, to reconcile the two younger branches of the great
tlermanic family i
THE POINT Foil AUBITKATIOX.
The point submitted for arbitration is limited with exactness. By
-Vrticle 1 of the Treaty concluded at Washington on the 15th of .lune,
184G, between the United States and Her Britannic Majesty, it was
stipulated that the line of boundary between the territories of the
United States and those of Her Britannic Majesty, from the
point on the forty-ninth parallel of north latitude up to '*'' '■'"^^' ' " '
which it had already been ascertained, shouhl be continued westward
along the said parallel of north latitude " to the middle of the
channel which separates the continent from Vancouver's Lsland, and
4 NORTHWEST WATER BOUNDARY ARBITRATION.
[."»] thence *southerly, tlirongli the middle of the said channel and of
Fnca's Straits to the Taciflc Ocean." The British Government
claim that the water-line here referred to shcmld rnn throngh a passajic
which they have thonght proper to name the straits of Itosario, and
which the United States, for the purpose of this reference, permit to go
by that name. The United States claim that the water-line runs
A,i,,„aix,i.4.i.aii, through the canal de Ilaro. The arbitrator is to say finally
-' and without appeal which of those claims is most in accord-
ance Avith the true interpretation of the treaty of June 1"), 184G. That
is the point submitted, and that alone ; nothing more and nothing less.
If the United States can but prove their claim to be most in accord-
ance with the true interpretation of the treaty, it is agreed that the
award shall be in their favor; how much more, then, if they prove that
their interpretation is the only one which the treaty admits!
HOW THIS DISCUSSION WILL BE CONDUCTED.
In conducting this discussion I shall keep in mind that the restoration
of friendship between the two powers which are at variance is the object
of the arbitration, ^'othing that has been written since the ratifications
of the treaty were exchanged can alter its words or affect its interpreta-
tion. I shall, therefore, for the present at least, decline to examine all
communications that may have taken pl.ace since that epoch, excep!: so
far as is necessary to explain why there is an arbitration, and shall thus
gain the advantage of treating the subject as simply an investigation
for the ascertainment of truth.
Since the intention of the negotiators must rest on the knowledge in
their possession at the time when the treaty was made, I shall use the
charts and explorations which have advanced, or profess to have
[G] advanced, our knowledge of the *country in question, and which
are anterior to that date. Of sucli chai Is I have found six, and six
only ; and though they are of very unequal value, yet for the sake of im-
partiality and completeness I present ))hotographic copies or extracts of
every one of them. Of charts of explorations of a later date, it was my
desire to make no use whatever ; but then, as will appear in the sequel,
there would be not one map on which the channel claimed by the British
government could be found with the name of "the str its of Kosario ;"
i am therefore compelled to add a later chart, on which that name is
placed, as required for the arbitration. This chart also shows the length
and breadth and depth of the resi)ective channels.
My task is an easy one; for I have only to deduce the inte!itions of
the negotiators of the treaty from its history, and to interpret its words
according to the acknowledged principles of interiuitioiml law.
PARALLELS OF LATITUDE THE CUSTO^LVRY BOUNDARIES OF ENGLISH
COLONIES IN NORTH AMERICA.
A parallel of latitude extending from the Atlantic to the Pacific was
a usual boundary established by England for its colonies in North
\,.i,cmi,v,i,...i.u America. The charter granted in 1020 by James I, to the
-'" con)pany of Plymouth for 'Sew England, Ijounded its terri-
tory by the parallels of 48° and of 40° north hititude " in length and
breadth throughout the mainland from sea to sea." The charter granted
by Charles I to IMassachusetta in 1028 had in like manner
v.h.i-n-i,. ^^^, its northern and southern boundaries i)arallels of lati-
tude running from sea to sea. So, too, had the old patent of Connecti-
^1
r. r. I, r I'l
r. r, I. ii; h.
MKMOltlAL OF THE LMTKD STATES. 5
cut; SO too had the charter to Connecticut, granted by Charles
II, in 10(»2. The charter granted in 1()G,'J by Charles
II, to the Lords Proprietors of Carolina, adopted as their
northern boundary the parallel of six and thirty degrees, and
as their southern boundary the i)arallel of " one and thirtj' de-
[7] grees of *northern latitude, and so west in a direct line as far as
the South seas." The precedent was fc'lowed by George II, iu
the chaiter granted in 1732 for Ceorgia; and in 17G1
(leorge III otticially described that colony as extending by
parallels ''westward iu direct lines" to the Pacific.
Ai.ii.-n.lix, p. r. \.->'>
-'1.
THE SAME KILE CONTINUED IN THE TREATY OF PEACE OF 1872.
In the first convention between the United States of America and
Great Britain, signed at Paris on the 30th of November,
1782, the northern boundary line of the United States was "'""'''" ■""■
carried by the two powers through the great upper lakes to the most
northwestern point of the Lake of the Woods. If from that point the
lino was to be continued, the treaty, adoi)ting the precedent of the past
centurj' of colonization, and foieshadowing the rule of the future, pre-
scribed " a due west course." ,
THE SAME IJULE APPLIED TO THE BOUNDARY OF LOUISIANA.
ENGLISH
ApiMii.i.v No
lly the treaty of April 30, 180,">, between the United States of America
and the Frencli liei)ublic, the United Stat<»s came into pos-
session "forever and in full sovereignty " of the colony and
Territory of Louisiana.
Xo sooner had the United States made this accpiisition than they
.sent out an exjjloring expedition, which made known to the world the
IJoeky Mountains and the branches of the river of Oregon, the mouth
of which an American navigator had been the first lo enter.
By the acquisition of Louisiana the Republic of America and Great
Britain, as sovereign over the territory of Hudson Bay, became ueigli-
l)ors still further to the west ; and the two powers took an early oppor-
tunity to consider their dividing line we.st of the Lake of the'Wood.s.
The United States might have demanded, perhaps should have
[SJ demanded, under *the treaty of 1782, that the line "due we.st"
should proceed from " the most northwer-t point of the Lake of the
Woods." That point is near the parallel of 50°; the United
States consented to the parallel of 40'='. But with regard to
the continnatiou of the line, while Mr. Madison, the American Secre-
tary of State, was desirous not to advance claims that could
be "offensive to Spain," both parties, adopting the words of
the treaty of ' "^2, agreed as between them.selves that the line should
l)roceed on that parallel " in a due west course " to the
Itocky ^lountains. In 1807 this agreement would have
been ratified; but the maritime decrees of the I'mperor Napoleon, dated
at Berlin and at Milan, disturbed the peace of the oceans, and orders in
council in Great Britain, which finally provoked war with the United
States, interposed delay.
When, in 1815, the terms of peace were to be adjusted, the American
plenipotentiaries wei-e instructed by their Government as Mpen.ivxo. mm
to the northwestern boundary, to consent to no claim on "'
the part of Great Britain to territory in that quarter south of the forty-
ninth parallel of latitude; and they implicitly a<lhered to their instruc-
tions.
Alip.'ii.)i\ N... (>. I
Al 1
IV 111.
API lix N.i
;i. I. 1. -J.
b NORTHWEST WATER BOUNDARY ARBITRATION.
In due time the negotiations, Avhich bad effected an agreement in
n.nv,„tM,n w.th ^^^^■> ^^'cr« renewed; and, on the iiOth of Octobe', 1818, the
<^ 'i"rMmn''n,i."ao! ])arallel of 49° was adopted as the boundary line between
" the two countries as far as the Stony, or, as we now more
commoidy call them, the Kocky ^Mountains. From that range of moun-
tains to the Pacitic, America, partly from respect to the claims of Spain,
was willing to delay lor ten years the continuance of the boumlary
line.
THE UNITED STATES ACQUIRE THE CLAIMS OF SPAIN NORTH OF 4-i .
The ocean chivalry of Spain were the first to explore the northern
coast of the I'acilic. Hernando Cortes began the work. The
[9] straits of Fuca take their name from a Greek *navigator who was
in the Spanish service in 1;">92. Perez, a Spaniard, whose explo-
rations extended as far to the north as .54°, discovered Nootka Sound
in 1774. In the next year Bodega y (Quadra reached the flfty-eighth
degree, and Heceta, on the 15th of August, 1775, returning from Nootka,
noticed, though he did not enter, the D)outh of the river Oregon, in
1789, 1790, 1791, before a British keel had entered the straits of Fuca,
a succession of Si)anish n.ivigators, Martinez and de Ilaro, Eliza.
Fidalgo, ((Juimpei", and others, liad explored and draughted charts of
the island which is now called Vancouver, and the waters which lie to
the east of it. When Vancouver, on the 29th of April, 1792, passed
Arremi.x No, I.' tlirougli tlic straits of Fuca and entered those waters, he
' '■' encountered, to Ins mortification, Spanish navigators who
had already explored them and who produced before him a chart of
that region made by Spanish oflicers the year before.
By the treaty of Spain with the United States, of the22d of February,
Tn„..io.i,iiM„t,, 1819, " llis Catholic Majesty ceded to the United States all
M. ( i..vi.,i jijj^ rights, claims, and pretensions to any territories north
Fill re
K.-tliilii.H iiiihIii.4 .1
Aliifncil. Art. ',i.
of the parallel of latitude 42°, from the Arkansas lliver to
the Pacitic."
Thus did the custom of boundaries by a parallel of latitude receive a
new confirmation ; and thus did the United States become sole heir to
all the jnetensions and rights which Spain had acquired in North Amer-
ica, north of the parallel of 42°, and beyond that of 49°.
]MR. HUSKISSON OBJECTS TO THE DIVISION OF VANCOUVER ISLAND.
When the ten years' limitation of the treaty of 1818 drew near, Mr.
Miemiix N.i. « ,. Canning, secretary of state for foreign affairs in Great Brit-
'" ain, on the 20th of April, 182G, invited the American Gov-
ernment to resume negotiations (atteu)pted in vain in 1824) for settling
the boundiiry upon the northwest coast of America.
1 10] *At that time John Quincy Adams was President of the United
States, with Henry Clay for Secretary of State ; and the nego tia-
tion on the American side was conducted in London by Albert Gallatin.
Keenforced as were the United States of America by the titles of both
France and Spain, in addition to their own claims from contiguity and
discovery, they remained true to their principle of moderation, and again
it was resolved not to insist on the territory to the north of 49° which
Ap... Mijix No. «. p. Spain iiad ceded ; and on the 19th of June, 1 820, " in the spirit
" of concession and compromise, which he hoped Great Britain
would recognise and reciprocate," Mr. Clay authorized Mr. Gallatin
to proi)ose " the extension of the lino on the i)arallel of 49° from the
Stony Mountains to the Pacific Ocean.'* '' This'- he wrote, '' is our ultima-
(
.MEMORIAL OF THE UNITED STATES.
anient in
1818, tbe
between
ow more
of monn-
:)t' Sixain,
(oundiirv
OF 42 .
iiortliorn
ik. Tl»e
who was
ie ex[>lo-
:a Sound
;y-ei8litb
Nootka,
gon. hi
of Fiica,
[), Eliza,
jbarts of
cb lie to
I, passed
aters, be
tors wbo
cbart of
[ebriiary,
tates all
es nortb
liver to
eceive a
e beir to
X Anier-
ILAND.
ear, Mr.
eat Brit-
an Gov-
settling
! United
logo tia-
;ialhitin.
of botb
lity and
id again
o wbicb
le spirit
Britain
jallatin
rora tbe
ultima-
tum, and you may so announce it. We can consent to no line more
favorii )le to Great Britain." In tbe following August Mr. Clay repeated
to Mr. fjallatin : "Tbe President cannot consent tbat tbe a„,.,,.i,xno.i.,p.
boundary on tbe nortbwest coast sball be soutb of forty- '-'i"
('itrivcntif)n with
Grf;u IlnliiiM, Au-
Kll^t ti, 1MV!7.
i
inne."
On tbe 22d of November, 1S20, Mr. ITuskisson, one of tbe P>ritisb
plenipotentiaries, remarked on tbe straigbt line proposed aii.uIv n,. k..
by tbe United States, tiiat its cutting ott" tbe lower ])art of ' '-
A'ancouver Island was quite inadmissible. Here is tbe tirst intimation
of tbe boundary line of 41P to tbe Paeilic, witb Just so mucb deflection
as to leave tbe soutbern extremity of \'ancouver Island to Great Britain.
To tins Mr. Gallatin, nine days later, replied, tbat '' to tbe forty-nintb
parallel tbe United States would adbere as a basis." Yet A,.,..n.i,x s„. n.
as it seemed to cut Vancouver Island in an inconvenient ' "
manner, bo bad in view tbe excbange of tbat soutbern extremity fw" an
equivalent nortb of 49° on tbe mainland. Here is tbe first intimation
of tbe possibility, on tbe part of tbe United States, to vary from tbe
line of 49°, but only so far as to yield to Great Britain tbe soutbein ex-
tremity of Vancouver Island, in return for a full equivalent.
[11] *But tbe interest of tbe Hudson Bay Company was better sub-
served by leaving tbe wbole region open to tbe fur trade, and tbe
United States on tbeir part bad no motive for bastening an adjustment.
Tbe American envoy, tberefore, in 1827 consented to prolong
tbe treaty of 1818, yet witb tbe proviso tbat eitber party
niigbt abrogate it, on giving notice of twelve montbs totbe
otber contracting party. Under tbis convention tbe question of juris-
diction and boundaiy remained in abeyance for nearly sixteen years.
LORD AlJEI^DEEX AND MR. EA'ERETT DISCUSS I'DE NORTIIWESTERX
BOUNDARY.
In October 1822, tbe Britisb foreign secretary, tbe Earl of Aberdeen,
wbo tbrougb tbe agency of Lord Asbburton bad just settled
our n<n'tbeastern boundary from tbe Laice of tbe Woods to i.u'."" '' '^" '
tbe Atlantic, expressed to Mi. Everett, tben American min- ' ' ' '
ister at London, a strong wisb tbat be migbt receive instructions to
settle tbe boundary between tbe two countries on tbe Bacilic Ocean.
American emigrants bad already begun to tind tbeir way on foot
across tbe continent. In 1843 a tbousand emigrants, armed men,
Avomen, and cbildren, witb wagons and cattle, liaving assembled on tbe
western frontier of Missouri, marcbed across tbe plains and tbrougb tbe
mountain passes to tbe fertile valley of tbe Willamette in Oregon. Tbe
ability of America to enforce its rigbts by occupation grew A\itb every
year. But its increasing power did not cliange its policy of modei'ation,
and to meet tbe wisli of Lord Aberdeen, on tbe Otb of October, 1843,
^lie Government of tbe United States sent to 3rr. Everett a„i,™iix nc. w.
tbe necessary powers, witb tbis instruction : " Tbe offer of •" '"
tbe forty-nintb parallel may be again tendered, witb tbe rigbt of navi-
gating tbe Columbia on equal terms."
On tbe 29tb of November, 1843, soon after Mr. Everett's full powers
[12J bad arrived, be and Lord Aberdeen bad a very *long and
important conversation on tbe Oregon question ; and tbe Awenjix nu, k,
concession of Lord Aberdeen appearing to invite an ex- " r'id. i. 2.. 27.
pression of tbe extremest modification wbicb tbe United States could
admit to tbeir former proposal, Mr. Everett reports tbat be
said :
I thought the President might be induced so far to depart froui tlie forty-ninth
i'. ->'.). 1. ;ii :»;.
■5P
NOKTHWKST WATER IJOl'XDAKY AKIJITRATION.
1'. IH, I. ;iL>. :i:i.
1'. ■.':). I. .T.I. 111.
]miiilltl as to l»'iiv<! tlu! \yh()Ie of Qniulia iiiid Vancouver's Island to Eiij^lauil, wIicieuN
that lino of lutitutlo wonltl ji'wo. ns tlu' southern extremity of tliat island, ami conse-
qtiently the eonininnd of the straits of Knea on both sides. I then
pointed out on a uuip the extent of this conei-ssion ; and Lord Aberdeen
said ho would take it into consideration.
Tlie next day IVIr. I'^vorctt more foriiially referred to tlie subject in a
Ai.ii,Mi,x,|. 11 JL' note to the British secretary:
4() (ii!os\KX()K Pi,.\( K, :K»th Xonmhcr, 1841!.
Mv 1)i:ai! Lni!i> AifKi{i)i:i:x. » * » It apjiears from Mr. Gallatin's correspondence
that » * » y\i; Iluskisson had especially objected to the extension of the 41t ' to
the Pacific, on the ground that it would cut off the southern extremity of Quadra and
Vancouver's Island. My su<fjfestioM yesterday would obviate this oltjection. * *
A glance at the map shows its importance as a uujdilicatiou of the forty-ninth degree.
* * * Edward Everett.
On the 2d of February, and on the l.st of Ai)ril, 1844, Mr. Everett
ApiKiHiiv .v.. ill. reports that he continuously insisted with Lord Aberdeen
"-'--' that the only moditication which the United States couUl,
in his opinion, be brought to agree to, was that they shouhl waive tlieir
chiini to the southern extremity of Vancouver Lsland, and
that Lord Aberdeen uniformly answered : " he did not think
there would be much difficulty in .settling the question."
During the following months 3Ir. Everett and Lord Aberdeen, both
wishing sincerely to settle the controver.sy, had I'urther frequent conver-
sations, and, as the result of them all, 3Ir. Everett reported that
[l.'JJ England woidd not accept the *naked parallel of 4!P to the ocean,
but would con.sent to the line of the forty ninth degree, provided
it could be so modified as to kave to (Jreat Jlritain the .southern ex-
AiMHiiiiv N... .'.' tremity of Vancouver Ishunl. " I have spared no pains,'"
" ="'• '• '■^'^ " wrote 3Ir. Everett on the L'-St h of February, 184."), " to impress
upon Lord Aberdeen's mind the persuasion that the utmost which the
United States can concede is the 49th jiarallel with the ntodification
suggested, taking always care to add that J had no authority for saying
that even that modilication would be agreed to."
To one fact I particularly invoke the attention of the Imperial arbi-
trator: not the least room for doubt was left by IMr. I'^verett with regard
to the extent of the modification i)roposed. lie had pointed it out to
Lord Aberdeen on the map, and had so often and so carefully directed
his attention to it, that there could be no misapprehension on the limit
of the proposed concession. jNIr. Everett retired from ottlce in the full
persuasion that the northwe steru boundary Avould be settled, whenever
the United States would consent so far to dei)art from the i a 'allel of
49° as to leave the whole of Vancouver Lsland to Great Britain.
Ainii'tuli.v N
p. 24. 2.1.
THE rAMPHLET OF MR. STCRGLS.
The subject attracted public attention. On the 2-d of January, 1845,
]Mr. William Sturgis, a distinguished citizen of the United
States who had pas.sed several years on the northwest coast
of America, delivered in Boston a lecture on what was now generally
called the Oregon question, in which, hitting exactly the idea of Mr.
Everett, he proposed as the boundary: ''a continuation of tlie parallel
of 49° across the Itocky Mountains to tidewater, .say to the middle ot
the Gulf of Georgia ; thence by the northernmost luivigable passage (not
north of 49°) to the straits of Juan de Fuca, and down the niitldle of
these straits to the Pacific Ocean ; the navigation of the Gulf oi'
1 14J Georgia and the Straits of Fuca to be forever *free to both parties ;
all the islands and other territory lying south aiul east of this
line to belong to the United States, and all north aiul west to Great
;lauil, \vhert>ii>
11(1, iiud t'oiiMc-
ti'uU'H. I then
^ortl Aberdeen
subject ill ii
i
cmho; 184:{.
JiTospondenco
of the 4!» to
1" Quadra and
ion. * * *
uiutli degree.
Ir. Everett
Aberdeen
ates could,
waive their
slaiid, and
d not think
estion."
decn, both
2nt conver-
)orted that
the ocean,
; provided
iithern ex-
no pains,'-
to impress
Avliich the
Ddification
for say in y
erial ai'bi-
ith regard
it out to
y directed
I tbe limit
n the full
whenever
a;allel of
iti.
lary, 1845,
le United
vest coast
generally
3a of Mr.
e parallel
middle ol
5sage (not
iiiddle of
e Gulf of
li i)arties ;
5t of this
to (heat
tj
MKMOUIAL OK THK IMTKI) STA TKS.
{)
IJritaiii. I>.v this juriin},aMiH'nt we should .virhl to (lioat IJiitnin th«
portion of (Jmulra and Van(!oiiv('r's Ishiiid that li»'s south of hititiulc
MP * * # Will (Jioat IWitaiii a(!mlo to this ! I think slir will."
TIu! parnphh't of Mr. Sturjiis, accompanied by a map on Mhi<'h the
proposed boundary is nuuked, was road by Lord Ashbnrton and by
Lord Aberdeen. To one who eminently enjoyed the conlitlence of Itoth
j;overnments Lord Abei'deen pronounced it "a clear and ^„| ,„ ^, ,„
sensible view of the matter."' Lord Ashbnrton, whose opinion '"''•'•
on the subject carried the j'reatest weif;ht, wrote to iMr. m,„..,„i,, s„ ,,,,
Sturgis: * p^-.i.-n.
Ymir troatisf ciialiU'S iiic cvcrv flay to aiissvcr satisfactorily tin- <|ii(*stioiis j»nt to iin'
so ol'ti'ii, wln-ic is tilt' On-^^oii, and wliat is tiiis »lis|iiit(' about .' Voii liavti statt'il tlir
casi,' distinctly in a few pajfcs, and, what is indeed unconiinon, witii j;ieat iin|iaitialil\
Mli. IJIC'HANAN NKfJO'lIATKS WITH MR. I'AKKNHAM.
.Aleantime the ncfjotiation on the Oregon question had been trans-
ferred to the new IJritish minister at Washington. Oilers of arbitration
had been rejected; emigration aiMoss the plains gave promise of fountl-
iiig States on the I'acific ; and the Congress of the United States teemed
with propositions to prepan^ for establishing a territorial government
in Oregon. When the administration of Mr, I'olk entered upon oHice,
all parties in America were unanimous in insisting on a boundary at
the least as favorable as the parallel of V.P ; while a very large number,
and seemingly the largest number, thought the tinu^ had come for
America, as the heir of Spjun, to carry its claims beyond the parallel of
V.)^. r>ut the new administration would not swerve from the modera-
tion which ha«l marked the policy of the country.
1 1.")| Meantime both parties had received moreac(!urate in*formation
on the geography of that district. In July, LS41, a,,,. ,1, n.. i-r
Captain Wilkes had made a survey of the waters s(mth of ' "
4!)o, especially of the channel of llaro ; and in the, early part of ISt,") his
narrative and accompanying map had been published both in America
and England. Believing now that Great J3ritain would accept the line ol
4!) -, with the small moditication for the southern end of Vancouver Island,
the American administration, on the 12th of .lidy, 184.">, made to the
British minister at Washington the proposal, "that the Ore- A,,,,,■l,^ x... ^v
gori territory shall be divided between the two countries by ' ■"'
the forty-ninth parallel of north latitude from the IJocky .Mountains to
the Tacilic Ocean ; offering at the same time to make free to Great B? ' in
any i)ort or ports on Vancouver's Island south of this parallel, -which
the British government may desire."' A friendly spirit dictate<l the prop-
osition, which it was sincerely hoped and expected might " prove the
foundation of lasting peace and harmony between the two countries."
The proposition, which excited surprise by its moderation, was re
Jected by the British plenipotentiary at Washington, who, AiM.,„,ii^ %, ...
without even waiting to refer the subject to the ministry in ' '-
Kngland, suttered the negotiation on his part to drop, expressing his
trust that the United States would offer "some further pro-
posal for the settlement of the Oregon (piestion.''
In consequence of receiving sucli an answer, the American Secretary
of State withdrew the otter that he had made.
On hearing of this abrupt rejection of the American proposal, Lord
Aberdeen invited JNIr. Maclrane, the new American minister a,,,,,,,,,,,, s„ ,,
at London, to an interview, of which Mr, INlacLane made ' "
report :
Lord Aberdeen not only lamented bnt censured tlie rejection of our proposition by
\pi ii
. XJ. xt.
,]v//'^'"-
/)///ff/Y/o/(/i'r//f///o//rs .s
Xoi)
lor I .V
r
Ihnuuln" suf/f/rslrdlnMr. Shnr
/i
('(
[L
G.
MAF OF W, SI
1845
tfta
G.
P OF W^STimRGHS.
1845
10
NORTHWEST WATER BOrNDARY ARBITRATION.
!
Mr. rakouliiun without rofi rring it to liia povoninuMit. Tie stilted that if Mr. Pakenhnm
had coiinnunitated the Ameiieau i)roitositioii to tiie eoveniiiieut here, aH ho was ex-
pected to have done, he. Lord Aberdeen, wouhl liave taken it njt asahawis (»f his
[IG] action, and entertained little donht that lie would hav«' been enabled * to jiro-
pose iiioditicalions which uiiyht have resulted in an adjustment uiutnally satis-
(ixctoiy to both jfoverniiients.
The coiidtu't of "Sir. ri.koiiliaiu was not ceii.snred in private only. Lord
\p,»^,>a,x N.. 1. Aberdeen (ensured it in the Htm.se of Lords. In the Jlonsi-
''■•■''•» of Connnons. on the nijjht of Friday, the 2.'{d of January,
1S4(», Lord ,lohn Kussell condemned it as ''a hasty i)roeeedin}i:." Sir
Kobert Peel was cheered, when on the same evening he observed :
It would have been better had he transinitted that proposal to the home <j;oveiii-
nient for their consideration ; and. if found in itself nnsatisfactoiy. it niij>ht possiljly
iiave formed the fonmlatioii fur a fnitlier luoposal.
And now that the re-opening of the negotiation was tlirown upon his
ministry, lie was loudly applauded by the House, as he gave a pledge for
his own future conduct in the.sc wonls:
I think it Avould be the "jreatest misfortune, if a contest about tiie Orejion between
two such powers as Eiij;land ami the I'nited States, could not, by the exercise of mod-
eration and f^ood sense, be brought to a perfectly honoraVde and satisfactory conclu-
sion.
FINAL PROPOSAL OF THE EARL OF ABERDEEN.
Lord Aberdeen confes.sed that it now fell to him to ])ropose a i)eacefid
solution of tiie long controver.sy. ]Mr. l-^verett had left him no doubt
as to the utmost dejiarture from the parallel of forty-nine degrees, which
the LTnited States, under the late administration, eotdd have cont^eded.
The only doubt was now. if the Tnited States would still be willing to
yield so much. The rude n'Jection of Mr. Uuchanan's proposal had
Ai.pen.ii, No. :!.,. rouscd auil united their jieojde. Mr. Calhoun, the late Sec-
' '^^'' retary of State, and the ablest Senator from one section of
the country, declared himself in the Senate for the forty-ninth degree as
the boundary line. Mr. Welister, the former Secretary of State, who
had settled with I.ord Ashburton the northeastern boundary, re-
[ITj peatedly ''said as jdainly as he could si>eak, or put down * words
in writing, that Knglan<l must not expect anything south of forty-
nine degrees." All those UKMubers of Congress wlio were t)f a dilferent
,. j„ , , .,, mind, Mr. John (^uincv Adauis, a late President of the United
' *" ' "'-"'^' States, :\Ir. Cass, aftt'rward Secretary ol' State, Mr. Sevier,
then the chairman jf the Committee on Foreign Affairs, contended, not
for less than the line of forty-nine degrees, but, under the heirship from
Air^mii, No. *. Spain, for very much nu>re. The voice of lOiiglaud became
''Appendix N... :a \o\u\ for the line of the forty-ninth jiarallel. Mr. IJates, an
' '" American naturalized in (In'at Uritain by act of rarliament,
and much trustetl by both goveinments, wrote from London :
The forty-ninth degree, to the strait, jiiviny Vancouver's Island to Great Britain, is
as much as any Ameriian, be he Bostouiaii or I'aroliiiian, will, I think, consent to )j;ive
up. If (jrcat Britain is not satislicd with that, ht them have war if they want it.
The British government sought anxiou.sly to know what proposition
the American Crovernment would con.sont to receive, and the
American (rovernment proved its lirmness by its moderation.
To protect the rights of the country. Congress voted to give to (Ireat
Britain the twelve months' notice reipiired by treaty, for terminatijig the
(convention of 18li7, and thus open the region of the Northwest to the
progress of American colonization. ^Feanwhile, on the 20th of Febru-
Aii-,„ix N.. :ir, '^ly? I'^^O, Mr. Buchanan answered, that the President would
consent to consult the Senate on the proposition, to divide
!• :i.V 1. 11. \>.
r.\ 1. 7 '.I, ir.
^
LTIOX.
liaiifMr. Piikonlmm
lifie, aH he was ex-
it iip .'iHahaNis oflHs
I'U ('iial)l(Ml • to ino-
it'iit iiiiitiially Nati.'s-
vato only. Lord
'• In the 1 1 on St'
-.'Ul of Jannar.v,
rocoodinrr," ^[^,
' observed :
tlic lioine ^jjovcrii-
', it IlUj^llt l)(),SSll,ly
thrown npon his
live ji pledae lor
ie Oregon bffwccii
i<" excreiso of n,,,,).
iitisliR'tory coiitiu-
EN.
pose a i)eacefnl
t liim no donbt
tlej^rees, whieh
Jave conceded.
11 he willinji- to
proposal had
N the late ►Sec-
one section of
inth degree as
of State, who
bonndarv, re-
down * words
K)nth of fort.v-
of a dilferent
t of the United
c, Mr. Sevier,
onteiKled, not
lieirshipfroni
rland became
Mr. JJates, an
' rarlianient,
)n :
'^^•lt Britain, is
cuuseiit to ^ivo
ley want it.
fc proposition
;eive, and the
5 moderation,
ive to (heat
'"inatin<«- the
'•west to the
th of Febrn-
sident wonkl
Dii, to divide
W 1
f^*-'
.^i
■^/..v
■f-J^T'
I
.'.I
c:Jl
.»■_■
.-'aC ,
■tS
't8
'-c
m-
iri\
MEMORIAL OF THE UNITED STATES.
11
-^.■)0
va
K'4
I
I
e torritory between the two conntrios " by the forty-ninth parallel and
10 straits of Fnca," so that "the cape of Vancouver's Island would be
the ter
the straits of Fuca," so that "the cape of Vancouver's Island would be
surrendered to Great Britain/' This was exactly the proposition of Mr.
Everett.
On the ir)th of INIay, 184(5, information of the notice for terniinatinj?
the convention of LSUT was received by the British ministry in
London. For fonr years Lord Aberdeen had been striv- A,.p..na,x sn. «,
iug' to close thisipiestion (if boundary. IJe ha<l])iivately and i'^" ' "' i"^^*
[1S1
publicly censured his subordinate, IVIr. I'akenham, at Washinjiton,
for rejectinj*' the jjaralb't of i<»r.\v-nine. ♦ IJe had taken pains to
learn what deviation from that parallel the United States mi<iht
accept. The Secretary of State for the United States, after minute
iii(|uiry concerning the probable vote of the Senate, had promised not
at once to reject the otter of the line proposed by Mr. Everett, and not
to listen to any demand for a larger concession. This had been formally
communicated to the British (lovernment by Mr. Macliane, the American
minister at London. And now, within two davs alter receiv-
ing news of the termination of the convention of JSi'T, Loru
Aberdeen held a lengthened confcience with ^Ir. MacLane, in which the
nature of the proposition he contemplated sulnnitting for an amicable
settlement of the Oregon (iiiestion •'formed the subject of a
full and free conversation.''' Mr. MacLane was a calm and
e.\i)ericnced statesman, trained in brsiness. exact in his u.se of words,
careful especially in reporting what was said by others. Lord Aberdeen
in the House of Lords publicly expressed his esteem for him, x,,,,,,,,,]., s... *:,.
founded on an acquaintance whicii dated from tifteen or six- ' ''-i *" '••
teen years before.
With this knowledge of ]\ri'. MacLane's character, and of the conti-
dence reposed in him by Lord Abenleen, I re(piest the imperial arbi-
trator to take in hand the map of the Oregon territory by
^Vilkes, which had been ])ublished in England as well as in *'""''
America in LS4."), and which was the latest, most authentic, and best map
of the Territory, as well as the only one recognized by the ap,.,.,,,!,, x... 4i.
Amerii'au Senate; and with this map in hand to read the i' "■ '" "
loUowing extract from ^Ir. MacLane's otticial rex>ort of the interview,
made on the 18th of x\Liy, 1840 :
I liiivt" now to stiito that iiistnu'tioiis will Ik! traiisiiiitft'd to Mr. rakfiiliani by the
stfaiiicr of t()-iiiorni\v to siihiiiit a new and CiirlhtT itroposition on tho Ai.i..-nii.\ s,<.', ti.
part of thi.s (iovciiuncnt for a )i:uti)ioii of tlic tcnitory in (lisiinte. i. 4-, i. a-ii.
Tlic ]lld]to^iIioll, most i)i()l(alily, will oiler fsnlistantially :
I'ii.si. I'd (liviikr tlif tfiiitoiy liy the cxtt'ii.sion of the linti on the jiarjillel of
[I'.iJ forty-nine to the sea ; that is to say, *to the arm of the sea called ISiieh's 15ay,
thence hy the canal lie Airo and .straits of l'in.a to the ocean.
• »»»»»«
Here follow other dau.ses conceding to the ITud.son Bay Comi)any a
temporary use of the Oregon Biver for navigation, with
otlu'r advantages, and protection to British subjects who
would suddenly come under the jurisdiction of the United States. To
these clauses the phrase " most ])robably " applies, for they were not
luecisely a.scertained ; Imt not to the boundary; on that point the fur-
ther statement of Mr. MacLane in the same dispatch leaves no room for
a doubt. Jlis words are:
Dnrinj; the precedinjx administration of onr Govcriimeiit, the extension of the line
ron the fcrty-nintli jiarallel to the straits of Fnca, as now proiyo.sed by j, ^^ ^ _^^_^^
|Lor<l \berdeen, wasactnally sn^jrested by my immediate predecessor,
^(Mr. Everett,) as one lie tliouj>;ht his Government mij^ht accept,
Now what the proposal of Mr. Everett had been, we know from the
131
tio
y:>.i
y\^
li
I'^Aj
^^r-^*:
51
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s-^--.
,^,,
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'^R
fi
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."'^vij:-
Iv1<
n«
'r'v:*.'
»-«(r'
oo
'»9|
48'
4ff'
46
^■3:^
■■.""■^■„
^t<5K';
'A«w'
'^^■T'-
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^0 >^*><a;'*' •'f"
v^
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>.
ui>
l-iu'
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\f
F
MAP OF W
184i
»! * TruAf^'^i tj«h
AP OF WILKES
184.>
'1^
12
o
NOKTllWlvSr WATKR nOlXDAUV ARMITRATION.
Ifl
, 4!'.
U. 1.^
citiitioiis wliicli I liiivc timdo IVom his disitiitclu's; and I hii\o alioad.\
ii'feiTcd to the lact tliat ln' had drawn tho liiu; of doniarkatioii upon tht
niaj), .uid si»(Tially dirccti'd the attviitioii of Lonl AbonUnMi to it.
On the sanu' day Lord AhcrdtM'n sont the treaty wliich :Mr. Pakonhiini
, ,, was to invite Mr. Ilnchanan to si;.>n. In the aceoinpanyin-
instruction to .Mr. I'akenliain he accepted the ' .irallel oi
^ „ 111- as the radical jtrinciple of the boundary. " .,. described
tlie line as aline of deinarkation "leaving;- the whole of
" ■ Vanconver Island with its ports and harbors in the posses
sion of (Ireat iWitain."
A snspicion of anibi-iiiity could not hirk in the mind of any one. Mr.
IJenton found the lanjiiia^e so clear that he a<lopted it as his own.
In his s[»eech in the Senate on the day of the ratiticatiou of the treaty,
he said :
The lirst lUt it'll' uf tlic ticiit.v is in tlic very words wliicli 1 myself would linvi
[•,>UJ used, if tiie two K"^ •''i'""'"''* •""' ''''■'• 'i f'* ""' f" •I'"""' the
boiiixliny line between them. " ' * The line established by .,\J;|;"'''^ ^■■- "
the first :iitiel<' (bllows the iianillel of -IK to tln' sea, with a sli^fht d»)- '
ilettion. tliroiiy;li the Stiaits of I'lU'a, to avoid enttin^- olf the sontli end of VaneouverV
Island. ' ■* When the line reaches tin' channel which separates VaneonverV
Island iVom the continent, it ]Hi)cecds to the middle of the channel, and thence, tnrn
inj; sontli. tIioiij;h the chan,.il de Ham. ( \vronu;iy written Arro on the imips,) to tin
Straits lit' 1'm( a. and then west, thionuh the middle of that strait, to the sea. 'J"hi>
uives n.i " * the clnstnol' ishnnls between de Haro's t'haniie! and the couti-
i.ent.
Tlie lanjLiuajfe of the treaty seemed perfectly clear to the Senate, to
the rresidcnt. to his Secretary of State, and to every one of his const i
tnrii»nal advisers, as departinii' fi'om the line of tiie parallel of 'IM'^ oidy
so t'ai' as to yield the southern extremity of Vanconviu's Islantl, ami no
more. And so it was sjo-ncd on the l")th ot Mnne, 1S40, and returned to
lOniiland for the exchanj^c of ratitications.
In the House of Conimons Lord Pabnerston weleonjed it as honorable
v,i , ,s,,, . to both countries; Sir Robert Peel <pu)ted from a dispatch
'^ ' " " which proved that he was aware of the three days' debate m
the .Vmerican Senate on the treaty l)efore its api)roval. lie cited every
word of the artii'le on the boundary, and interpreted it thus:
Those who remember the local conformation «l' that country will understand that
that which we iiroi)osed is the coutiunation of the fortv-uinth i)iirallcl
1 .III I 'il 'V^ '
of latitude till it strikes the Straits of Fuca; that that parallel .should
not be continued as n boundary across \'aucouver"s Island, thus deiuivin^ us of a part
of \ ancouvei"s tsl.iiid. but that the middle of the chauuel shall bi; the fiUure hop idaiy,
thus leax lut^ us in possrssmn of the uliol" of \'anc(Hiver's Islaml, with e(|ual rijjht to
the navi;;atio!i ot'tlic straits.
f-.'l] *.Mi^ JUCIIA.XAN .\M> sli; K'oHKliT I'KKI. ISKMKVKD TIIi:V 11A1>
(i.O.SEI) KVKHV CAi:sl'; <)]• DiSSK.NSlON.
Jt had bet'u the special (►bjeet of ]Mr. IJuchanan to lea\'e nothin<>' in
vi,|»mi.> N.. 4.. the treaty which cordd o-ive occasion to future controversy.
; .4 1 2'. I's. ^^,,^ ^jjj j]|,. ,,j„i,{^ before Sir Kobert IN'el retired from otlic*'.
never a<;ain to resume it, he spok»> of the treaty as h.ivin<;' averted the
<lr«Mdful calamity of a war between two mitions of kindred orij^in and
(.'ommon lan;,iuaji;e, and haviii;^ at len<jth '-dosed every cause of dis.sen
.-,4. 1 u !., '"^'o" between the two countries.'' All ( Jreat Jiritain, ;dl tlie
'"' ' United States, were jiladdened by the belief that at last
« f'ly <'ontroversy between the two initions had come to a iiai)py cud.
THE MINISTKV OF l.OHI) .lOHX Kl'SSKLL RENEWS DISSENSION.
Ami yet it was not so. My country lias had no serious dilticulties on
its limits with any power but Great Uritain. AVlien it.s boundary on the
sol
til
Ixf
it.]
sej
sil
I'i
la
of
coj
tb
St I
'T*
lia\e iiliviul\
tioii upon tin
Ml to it.
Ir. Pakt'uliaiii
it'(!oin|)}Mi.yiii-
M' ' .irallol <ti
.» <U'.s(Til)('(l
the whole ot
n the posses
my one. ]Mi.
; as his own.
)t' the treaty.
lelf would liavi
D
If Al'p.'Ji.liv No. 41
' :i. .1').
of Viiiu'oiivcr's
:<'s A'aiK'oiiv*'!'.-
tl tlifiict', turn
! iiiap.s,) to tli<
th.' s.-a. 'J'liis
and the eoiiti-
le Senate, to
)!" his consti
i of VJo only
land, and no
I returned to
IS lionorable
II ii dispatch
ys' debate in
cited every
dcrstaiid that
niiitli parallfl
arallcl mIiouM
a us of a part
lire lioiv ida: y.
"lual lijjbt to
TIIKV HAD
nothino- in
ontroversy.
from ollice.
\erted tlic
orij^in and
' of dissen
ain, all tin-
lat at last
ppy eud.
iiculties on
lary on tiie
MEMORIAL OF TlIK irNITED .STATEH.
13
south with Spain was adjusted by treaty, not a dilterei\:e arose, thoiioli
the line extended from sea to sea. When, afterward, the soutluu'ii
bouiuhiry was rej;ulated with Mexi(M) under a treaty most imperfect in
its descriptions, commissioners unrestrained by instructions promptly
settled the line. It is with (ireat Ibitain alone that ot)stip.;ite dissen-
sions on boundaries, e.\t<'ndin<;' from the (lulf of S;iint liawicnce to the
I'acitic, have exercised disturbino- intluences for sixty four years. At
last we thou,i;ht ourselv«'s assured of (piiet on that side also by the treaty
of bSKI: and though its terms were not alto;it'tlier satisfacloiy, the
country, in the exju'ctation of r*'st, accepted cheerfully and unanimously
tlu' action of its (lovernment. Yet. aft«'r a pause of hardly two years, the
Strite was re-opeued by the miuistrv which succeeded that of Sir Robert
Peel. Under instructions from Lord Palmerston, the IJritish min-
ri'i'j ister at Washinytou on the *l.)th of danuaiy, IStS, in a proposed
draught of instriuitions to commissioners for settling' the boundary,
indirectly insinuated a claim that tiie line of boundary should be drawn
on the clianncl throuj^h which N'ancouver in IIU'2 had sailed friuu Admi-
ralty Inlet to lMr<;h"s l>ay.
This insinuation took the American (lovernment by surprise. The
history of the m'j;otiatiou shows that no such line was su^yested by
either" side to the other. Vancouver was an ex[»lorer, who examined
e\ery inlet and bay and passage, not a merchant seekin<i' the shortest,
most natural, and best passaj^e. Nothiiiji' justities a refereiicr to his
course of sailin;n' from one interior bay to another, as the liiK <)f the
treaty. The suof;estion is in open couliict with the law of a,, >.ux. i. m, ;,
luitions. The draught of the treaty was made entirely, '.Vi "mir.
even to the minutest word, by the IJritish ministry, and was '' " ' '■'-"'■
signed by both parties without change. The IJritish government can-
not, therefore, take advantage of an ambiguity of their own, otherwise
the draught of the treaty would have been {; snare. Such
is the principle of natural right, such the established law of i..i!'i-7j.!"".^. iii.'!.''i>
nations. Jingo (Irotius lays down the rule that th<> inter- ""'
]>retatiou must be made against the i)arty which draughted the con-
ditions: " Ut contra euni tiat interpretatio, qui conditiones v.ti.i i^ w. >,
elocutns est." Uut no one has expressed this more clearly -"^•
than \'attel, who v.rites:
VoU'i line ir^ilo (lui coupe eoui't a tonic cliicanc : Si ccliii i|iii ])onvoit ct dc\ oit js"e\-
pliciucr ncttcnii^nt ct plcincinciit, iii- I'a pas I'ait, tanl pis pour Ini : il nc pent ctic rcrii
a a)iporici' siil)sri|ncniniciir, dcs restrictions ([ii'il n'a pas e\i>riiiit'es. C'est la niaxinie
ilii droit roniain : pactioneni ohscnrain lis nocere, in (inoniin t'liit potestate lei;fiii apcr-
tius conscriitere. l/c(|nite de cette rcj;le sa-iite anx yeiix; sa iK'ccssitc ii'est ]tas nioins
t'vidcntc. NuUe convention assnrce, iinlle concession I'eriiie el solide, si on pent
[".':')] les reiidre *\ aines [)ar des liniitations siilisi'ipieiites, ([iii devoient et"'c enoncces
dans Tacte, si elles ('■toieiit dans la voloiite dcs coiitractans.
'lien! is il rule which cuts short all thicaiiery : If he who could and should ex-
ptcss hiinstdl' ]>lainly and I'nlly, has not done so, so much the worse for him ; he can-
Miit he iiermittei' snhse(|nently to introduce restrictions which he has not expressed,
li is th(( maxim of h'oman law: An ohscnre contract harms tliose in whose ])ower it
■>\as to lay down tlm law more (dearly. The e<|uity (d' this rule is self-evident : its
licctssity is not less olivioiis. There can \h' no assured convent i<Mi, no tivm and sidid
concession, if they can he rendered vain hy Kuhse<iuent limitations, which oiii;ht to
have heeii announced in the act, if they existed in the intention of the contracting'
parties.''
rid'.A I'Oli THE IXTE(iKITV OF SIR KOIH'.UT I'llEL'S MI.MSTRV.
And can it be true, that Sir Robert Peel and Lord Aberdeen were
insincere in tlu'ir [)rofessions of an earnest desire to settle the boundary
<|uestion in Niuthwest America ? Did they put into the core of the
treaty which they themselves fnuiied, words interpreted in one way by
14
NORTHWEST WATER BOrNOARY ARHITRATION.
V.ltti
■i 211:1.
II. ir.
all An ericans and by thoinsolvos in public, ami soc^ivtly int(>ri)reto(l bv
thorns >lv('s in another ? When Sir Jtobeit IVel, on the last ni^ht of his
otlicial life, in the face of political enemies and friends, cast up the ac
count of his niiinstry for thejudj^nient of posterity, and declared, in tin;
most i)ublic aiul solemn manner, that he "had closed every
,.*ri'':«V.!'' '" cause of dissension between (Ireat IJritain and the Unite<l
'" "' ' ' ' States," had he indeed planted the seed of end)ittered dis
cord in the instrument that he and his associate minister claimed as
their own work, and extolled as a convention of peace 1
3Iy respect for tSii- Uobert Peel and his administration forbids
[24] the thoujjht that tliey i>ut any ambiguity into the treaty *whicli
they themselves drau}»htcd. There attaches to human lanj^uagc
such imperfection that an acute caviller may dispute about the meanin;;
of any i)roposition. Uut the words of the present treaty are so singu
larly clear that they may claim protection under the first general maxim
of international law on the subjec' of interpretation :
" Qu'il n'est pas permis dMnterpn'-ter ce qui n'a pas besoiii
d'iuterprt'tation."
THE WORDS <»F THE TREATV.
The words of the treaty are as follows :
From the point, on tho forty-uintli jtarnlh-l of north hititmlt', \vh«'ie tlio houiitlar\
laid down in (xi.'^tinjjf treaties and < (iiwcntions hctwoen tho Unitoi.
,, *i'i"'"in N'l. 1 p. .States and (Jrcat I?iitain torniinates, the lino of honnilaiy hotwctui tin
tcriitorits ot" the I'nited States and those of Her Ihitannic Majesty
shall ho oontiinied westward aloiii; the said forty-ninth jtarallol of north latitiulo, ti>
tho middle of tho channel whieli .sejtaratos the continent i'roni Vanconver Island, and
thoiue sontherly throiijih the niiihlle of tin' said channel, and of Fnca's Straits, to the
racitic ( >eeaii : I'mvUhii, howircr. That the navi;fatioii of the whole of the said channel
and straits south of the forty-ninlh jiarallel of north latitude remain freti and open to
both parties.
THE WORDS OF THE TREATY, TAKEN TOGETHER.
The language of the treaty, taken as a whole, admits no interpretation
but the American. The radical principle of the boundary is the forty
ninth parallel of north latitude, and the only reason for departing from
that parallel was to yield the whole of Vancouver Island, and no more,
to the power which would already i)os.sess the gn-ater part of that island.
To express this line com'isj'ly, iu both countries it was described as the
line of the ''forty -ninth parallel an<l Fuca's Straits.*' Tnis short
[2.')] form of expression occurs many tinu'S in the dispatches *of Mr.
^[acLane; in the instructions of Mr. lluchanau ; in the letters ol
^Mr. Bates from London ; in an article in the Lomlon (Quarterly Review,
^vritten in rebruary, 1S4(), and published in March; and, finally, iu thf
speech of Sir Kobert Teel, on the L'!)th of June, IStd, which 1 have
already quoted. The dese.iption of the line as that "of the forty ninth
l)arallel and Fuca's Straits'' was not only the usage of the day; it was
also well chosen tor all time. The forty-ninth parallel can be found as
long as the sun shall continue in the heavens; Fnca's Straits end at the
southeast ca[>e of VaiK'ouver Island, and will end there till nature shall
heave with a convulsion. If the mime of llaro does not specially appear
in the treaty, let it be borne in mind that neither does the name of the
Cirulf of Georgia.
THE CHANNEL.
The words of the descrii)lion, considered collectively, establish tin-
American interpretation of the treaty and exclude every other. The
same result follows froni the consideration of each separate word. When
f
M'pretod h\
iif?ht of his
: up the ac
illHMl, in th((
losed even
the United
littered difs
chiimed as
ion forbids
aty * which
u language
lie nieaniiijLi
e so singu
L'ral maxim
rpretation :
pas besoiii
ho l»ouii(lar.\
1 tlio IJnitoi.
' bctwctui tllr
niiic Majt'stv
h liititiide, tti
r Isliind, aiitl
straits, to tlif
said chaiini'l
J ami open to
['rpretatioii
< the forty
irting from
d no more,
[hat island,
ibed as the
In IS short
les *of Mv.
e letters ol
iy Review,
illy, in the
(;h 1 have
forty ninth
ay ; it was
)e foun<l as
end at the
ature shall
illy api)ear
ame of the
tablisli the
ther. The
ird. When
- r^^^rSTr '
HMHi
• »0
49
taker
I
i
V
49
tlier
o()
'.<•■.■;• Vi
t>;\5«t^^
*^f»\ ' U .^ ••**. • ■ iV;"" •UfciJr 'Br- ,'
•^.■^
•■^ '? "^I* t»>TllpU«
• ''^
^<f J^
c.
MAP OF VANC
171)fi
r.M"
•<«^-J
i
i*>;
^:.;-fr v^:r^.>«;;.-.;i;a•
f;:••^.•Jc/■ ;^'i:^u••.:••'^■^«.•
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'u8ut>sarafrS4>inid 1^
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V'-^J
-*•^■•'■^^^^■•k:'■:-.■'^■
.-;;*v.;;.i» ,-; ,"
ii.'i"
B-*-"
OF VANCOUVER
17 9B
1^
r <;,rr:» •
MEMORIAL OV THE I'XITEI* STATES.
15
J
tlu' treaty si)oaka of the "dumiiol," for that ])ait south and west of
IWrch's Hay, it must lueati the channel of Haro, for no other '^channel''
was known to the negotiators. Tlie channel of llaro was on the map
of Vancouver, the liighest English authority, and on the j,,„,
map of Wilkes, the highest American authority at the time *'"''^
when the treaty was signed ; and no other channel is namcvl on either
of these maps, or on any map used by the negotiators. On
the chart of those waters by Dutlot de Mofias, pul)lished in ^''"''
1844, umler the auspices of Louis lMiilii)pe and the Freiudi ministry, the
channel of Ilaro is naim'd, and no other. In the collection of maps in
the Ivoyal Library at Ilerlin, not a single (lerman or other map, anterior
to -lune, 1840, mimes any other channel than that of llaro. How is it pos-
sible, theti, that any other channel could have been intemled, when
[2(JJ no other was named on any map which it can be ]»retended *was
known to Lord Aberdeen or .^Ir. ^LicLane, to Mr. lUuhanau or
-Mr. Takenham *
Again, the word "channel," when employed in tre.ities, jneans a
deep an<l navigable channel; and where there are two navigable chan-
nels, by the rule of international law, preference is to be given to the
largest column of water. Now, compared with any other channel
through which a ship could pass from the sea at tlie forty-ninth paral-
lel to the Straits of Fuca, the channel of Haro is the broadest and the
deepest, the shortest and the best. Its maximum width is six and a
half English miles, and there is no other channel of which
the maximum widtli exc'ced.-. four miles. The narrowest
l)art of the channel of llaro is abojit two and a (piarter English miles,
and there is no other channel of which the minimum width exceeds
about one and a (piarter I^nglish miles. With regard to dv'ptli, the con-
trast is still more striking. A cross-section on the parallel of 48^ 4.j'
shows the Canal (h^ llaro to be there about a hundred and twenty fath-
oms dee|), about twice as deep as any other: on ihv parallel of fS" 35'
the Canal de llaro is nearly a hundred ;!nd tifty fathoms deep, against
thirty tathoms tor any competitor; on the parallel of 4S- l'.">' the Cauai
de Hiirci has n^-arly a hundred and ten lat horns, while no other passage
has more than forty.
Not only is the volunw of water in the Canal de llaro vastly greater
tlian that in any otlu'r passage — a single glance at any map* shows that
it is the shortest and most diiect way between the parallel
of l".t and Fuca's Straits. Dutiot d(>MoiVas describes it as
notoriously the best.
If the channel of ilaro exf-elled all others only on one point — if it
were the widest though not the deepest, or the reverse, tu', if b«'iug the
■*IiI H,
K|.|.-iili\ N.
widest and deepest, it were not the shortest and best, there might be
souM' degree of color for cavil; but since the chaniu'l of llaio is the
bidadesi and the deepest, and the shoitest and the best, iiow can iuiy
one \eutiire to i>retend that any other is •• the channer' of the treaty .'
I-;*) "•Tin; C'11ANNEI> WHICH si:i'Al>'AiT.S llll'; (.ONTlNilNr IK'oM VAN-
COlAKlv' ISLAND."
The next words of tlu' treaty are: "The <'hanncl winch separates the
♦'ontinent from Vancouver Island," and this, from latitmle about 48-
W, can be no other than the Canal de llaro. it is t!ie only one which
fronr that latitude to 'M^'iu-a's Straits" se])arates tin' continent from
\ aneouver island. There are othei- passages which divide islamls from
islands, but none other separates the continent f .om Vain-ouver Islaml.
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IC)
NORTHWKST WATER BOUNDARY ARBITRATION.
Til tho vstiitomeiit tho contiiM'iit is i^roporly ikimumI first, because it is fai
iiway in tlie interior of the eontiiieiit tiiat tlie liiu^ begins, iiinl it is thr
continent tbat tlir line leaves in ^oin;^ towanl ^'ancou^er. Uiit when
a great continent bl<,' North America is spolvcn of as (listinf;iiishe»l
from a large island lying near it, the intervening cluster of smaller
islands would, aciording to all geographical usage, be taken as included
with the continent, and thus the channel of Ifaro divides the continent
from Nancouver. J>ut we will not waste words. Nobody can dispute
that the ranal de llaio washes tiu' east"rn shore of \'ancou\er Island,
and separates that island from tho continent.
"AND TH1:NCE .SOLTHF.IM.V.'
The next words in the treaty are: ''And thence southerly." The
soutlierly detlection frinn the forty-ninth i)aralh'l is nnide to avoid cut-
ting' S'ancouver Jslan<l, and must he limitetl to tiiat object. The nu)ve-
ment of the boundary lim^ is steadily west to the Pacific. The treaty
knows only two points of compass: ••westward" ami this "southerly"'
deviation from the due west course. The southern defiection, there-
fore, must always be a/ (tnipanied with the idea of a western direction:
and of two channels go a ••southerly" direction, that whi'jh least
interrupts the general " v, ird " direction of the line must be chosen
as the channel of the treaty.
[2^] '"THROllill Tin; MIDDi.i; <tl-^ Til!: SAID (MIANNKL AND OF IT'C'A'S
.STRAITS iO IIIK PACIFIC OCEAN."' '
The next words of the treaty are: "Through the middle of the said
cliannel and of Fnca's Straits to the Pacific Ocean." The treaty <;ontem-
])lates a continuous channel to the Pacific ; the channel of llaro and
Fuca's Straits forni snch a continuous ehiiniu'l, and a glance at the ma[>
will show that no otiier channel (ran pretend to do so.
So, then, the description of the treaty as a whole applies to no channel
but that of llaro: and ev<'ry single jdirasc, taken sepaiately, points also
to that channel, and to that channel alone.
"TlfE STIL^iVS OF nOSAIJIO."
And yet the Ib'itish government ask the Imiierial arbitrator to find the
channel of the treaty in a [)assage tor which, in rianuary, ISIS, they had
no name and no other description than •• the wide channel to the east
of nunierous islands, which is laid down by \'aiicouver," and which now,
in 1S71, they call by the name of "the IJosario Straits.''
^ly first recpiest is that the Imperial arhitrator will ascertain where
on the I.")th of , I tine, IStlJ, the day when the treaty was signed, the ne
gotiators supposed Ksisario Straits to lie. On that (lay the name "Straits
of liOsari(»" was, on cn cry map used by the negotiators, i)laced upon the
waters whi(;h divide the island of Texada from the contiiu'ut, far north
^1 ^ of t e parallel of •t'.)'^. There it lies fast anchored on the
map of \'ancouver, ])nblislied in 171>S; it holds the same
place in the atlas of the l*'reneh translation of Vancouver. There, too.
„„, p it is found o!i tlu^ French map of Dullot de Mofras, jndi
^' ' *■ lished in ISIl; atid als»> on the map of Wilkes, publishctl
in 184.i; and thei'c, too, on t!ie Ibitish map of N'aiu'ouver Island, puh-
lished by the g(V)^rapiu'r to the CJueen, so late as ISIS. Then.
[20] since all British and Anu'rican maps, which in ISKl *had on
them the mime "Straits of Kosario," located those straits far to the
I
use it is far
ml it is tlu'
r>nt when
stiiifiiiishiMl
[• of smalU'v
as iiu'liuUMl
10 coiitinont
can ^lisputo
iver Islaml.
lerly/' The
o avoid c'ut-
The move-
The treaty
"southerly"
ctioii, there-
Mi direction ;
: wb'-'jh least
ist be chosen
I) or FIX' AS
of the said
■eaty contein-
ot llaro iind
Hi at the map
to no channel
y, points also
tor to find the
SIS, they had
lel to the east
id which now.
icertain where |
,!;;-ned, the ne
name ^'Straits
lacetl upon the
lent, far north
chore<l on the
lolds the same |
r. There, too.
e Mofras, puli-
kes, puhlislied
L>r Island, pub- |
slSlS. Then,
ISKJ *had Oil
traits far to the
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AIEMORIAL or IIIF. rNriKD STATKS.
17
M;il. II.
M i|i II.
iiortli of 111 ', !n)\v (Mil tlic l>riti.sli ^cncniiiuMit iiixitc Vtuir .Miijcstv to say
lliat the straits of IJosaiio form tlic line ol ' "MiKlaiy fstaliHslicd by
lliilisli and Aincricaii ncuotialois in that xcai' Iti'twcon tlie United
States and tiic 15ritisli tcrritoiy .'
J low and why tlie l>ritish iin moored the name from the \v;.ters to wliieli
they themselves Iiad consigned it, and wliere it remained lor Just half si
eenlMi-y, 1 h-ave them to explain and to jnsrify. I remark only that
they cannot i)rodin'e a inap. I'.n^nlish, l-'icneli, Spanish, or (ierman,
oldei' than IS IS, on which the passaj^e whicii they now eall the Straits
of ]{o.>^ario hears that name. On Spanish maps the nana' is
applied only to the \'ery broad channel 1\ inu noith of the
Canal de Ilaro and of tlie forty-ninth i)arallel of latitude.
l-'urther: the so-called Straits of b'osaiio are not straits at all. It is
the track of Vancoii\er on lus way from Admiralty Inlet to the math,
as his map shows; but it receive<l fioui liim no name whatever. On
llritish nnips it never bore a name till after the IJritish u'overnment in-
troduced a new iiitei'itretatiou of the treaty of -lune, isb*.
Ajiain — and this reujark is of c(uic!usi\e iiupiutance. by itself alone
sullicient to decide the (piestion — the line of the tieaty must run from
tiKs middh of " the channel whicli separat<'s the continent from ^'an-
couver Jsland." >'ow, the ■;o-called Straits of Kosario neither touch the
continent nor Vancouver Island. They divide small islands from snudi,
islands, an'' .lothin*;' else; they ha\t.' no jiretensiou todivitle Vaiu^ouver
from th» continent, or the continent from \'ancou\er.
!M(U"eover. the water-line of the featy nuist be a channel which makes
a c(mtinuons line with l-'uea's Straits; for the words of the treatv are,
Now,
M,i|i \.
"through the middle of the said channel ;uid ol I'lica's Straits
the so-called St raits of Jiosario lead (udy to a sound, which
Spanish voya}j;ers ealled the Hay of Santa IJosa; they
|;)(»1 do not cnunect with I'm-a's Straits, *\\hieh cea.se at the south-
eastern pionauitiuy of \ancouver Island. Jfex crsinj;' the track of
VauriMivcr. and followinu the so-called stiaits of Ifosario southerly,
the mariner would enter Admiralty Inlet; he never would reach the
Straits of Fuca.
Then, too. com])ared with the <'aiial de Ilaro, tlie so called Strait
of Kosario is, as we have seen, a narrower passaiic. a .sli.illower passage,
and a roundaliout pa^saue.
CnNClJ sptN.
Hut eiioii;ili : tlie rights of Auu'rica cannot Ite darkened except by an
e.xees.s ol Word
Tl
le mlelitloii ol liie paitle.s to til treat.N is
made
jilaiu l),\ its iiistoiy,and t he lioundar\ which weelaie 's clearly set forth
in its word.s, tak^-n collectively and taken separate
I will close 1»\
eitinj^: u'eneral principles of interpretation cstaldi.shed by iiitcniational
llaw.
A party olV<riii^ the draui;hl of a treal.\ is hound by the interpreta-
lti(Mi which il knew at the t ime that the other party .iiave to it. Lord
UVI>erdeen cannot have doubted how the tieaty was understood by Mr.
Alacbane,l»\ .Mr. IJuehanan.and lt\ the Senate of thel'nitiMl
Stat
es.
W
lere tiie teriusof promise." w riles t'ale\ , w ho.sc
•Vl.l..-
Avork was Ion;.;' a text book at Oxtbrd. "admit of tmu'e senses timn one,
the juomisc is to be perlormc'l in the .vimisc 'in which the piomisei' ap-
ju'ehended ;ii the lime that the pr(»misee r<'"ei\ed it." This will not
|ilitfer trom the actual intent i(m of th<' promiser. win-re the promise is
ijii\ en without <;ollusioii or rcsiuxc; luti we put iherulein the al>ove
J I)
w Si
I
»t^
(eHJu/,i/f f///,f 'f»i.'n/AiAir/./,.,f„ru»/. /,,■,//.
^ Mrxtt,trt'rtUil(,/r„ frn,„/,.///^//,u/r„.//„/,,,r/./m,rin/
/r, ixM •iH.^t/l,,/,/^,,,/, H,lfj/*rUrl r/,/i,U/yr, )/,/>/ //hi//,',,
■ •rn/nilt/ j,^,ui/iiil r/- '.H.mjo/./r aNl,i.%M <, . ii u,„U, „//iiui
"'Si'"^ 'W|««»„„ ^<i/,„i,/.uaHu/i',y ■,///,, M./',iv/n,-<rti,
t/hi/mj„/Vfnntl/u/,lJ luA •nm.it,/,,/^ ,„,//, J,,,/' ,,„',/ .
/ittr- -mifn-,!: /utittluM,/ tlt( .vc/< ,'■/ /hr {i-n.tii<,i/, ,//
Jciitjr /.i,.i Miu/ ,/u, 0/ (I ,/,-/vK ,„ /Af y,«/y,„, /„,/
'^V''- /i-i.yniu/ri, /ij/ciLitii
/fro
•/
-Kill,
noiii
r..- i».|,.f ,1,1 .n^j.a.J ^ut nxuit -^
/^^' •{ ' '"turr f/r , '/nn/ii
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n„f/,/,/ (Wfr/rr,/,,/r/r/: //mr//ro,o r/r
-•LfUiii/nn'o/M/-.iti f^iliiu'i f^i/otoy):'(/,ni \(i/oJo/>r\
, • • I
tr
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'TT •'
< I,
18
NORTFIWEST WATKR BOl'XDARY ARKITRATION.
ill
r.'i ht, a ».■>
K(l. IWlf.
[.31]
form to exclude evasion, Avlieievi'i- the promiser attempts to make his
escape throtifih some ambifi^uity in the expressions which he used."'
Again: "Where a ri;L,'iit atlmits of dirterent defj^rees, it is only tiie
v,n,.,. smallest dejivee which may be taken for granted." ''1st eiu
' '"' Jtecht verscliiedener Abstufnngen fiiiiig, so darf zuniichst
iiur die geriiigste >Stiife als zugestanden angenommeii
^werden/' Tliis rule of IFi'tfter iits the present case so ai>tly that
it seems made for it. There Immo}; degrees in the de[)arture from
the parallel of 1!)^, it must be taken that only the smallest degree was
conceded.
Finally and above all : there is a principle which not only controls
the interpietation of treaties, but llic results of investigation in every
branch of human knowledge. A ilu'ory which implies confusion and
contradiction is at once to be rejected ; of two rival tlut)ries, that which
most nearly rcc<tnciles all phenomt-na is to b(^ jireferred: the theory
that reconciles all ai)pearances and all circun:stanccs is to be received
as tru<\ The British interpretation of the treaty implies that the Jirit-
ish, who exclusively draughted it. sowed the seeds of future <lis:sensions
in the N'cry instrument by which tln-y proposed to settle every boundary
(piestion forever; that anu)ng' the negotiators of the treaty there were
those who dnpe<l, and those who wi-re dupes. Lord Aberdeen ceases to
.be the ''straightforward"' man of Mr. MacLane's report. On the Amer-
ican side the statesnu'ii apiiear void of spirit and of ccunmon sense, an<l
easily cireniincnted. The historical process by which the treaty was
arrixed at beconu's incomprehensible. The names on maps n)ust be
changed; the conformation of islands ami continents and the highways
of the great (h'cp are made to expand and contract so as I.* suit the
cavils of a governnuMit which does not profess exactly to inulerstand
the true meaning of the treaty, for every word of which it is itself respon-
sible. Take the other theory; interpret the treaty as the Americans
accepted it, and there are no statesmen on the Ibitish side who attemptyil
to dupe, and no dupes on tin' Aiiu'rican side. The history of tin nego-
tiation becomes clear, and is consistent with its result. Mr. Macliane
retains the I'cputation for ])rudence and clear percei>tion and careful
statement which has always been attriluited to him. All words that fell
from the ])en or lijts Mfcveiy one concerned in fiamiiig, accepting,
[.'»2J or approving the treaty, agree together and *bear tlu', stamp »»f
;'ood inteiitittn and uprightiie
I'iVervtiiing that was uttered bv
Mr. I^verett, ^Ir. Macl.ane, and .Mr. r.uchanan, by Lord .Vberdeen,
Mr. IJenton, or Sir Itobert Peel, is j>erfectly recoiieiled, without even
the semblance of contradiction. The straits and channels may rest
where nature has set them, and old names may be restored t<t their
rightful places. The completion of tlu^ treity d(»( - lM)m)r to the laiiors
of honest amiable statesmen, luMit on »'stal>lishing friendship and peace
between '■ kimlred nations.*' I'ersons and history, an<l i'ei>orts of con-
versations and the words of the treaty, all chime togethei' in the most
]»<'rfeet harmony, inviting an awanl whic^li will command I'cady aquies-
cence, anil leave m)tliing to rankle in the wound wliieli it heals.
miike his
only the
''1st eiii
zuiiiichst
ciioiumeu
iptly that
tuve IVoiii
L'jiiee was
,' contntls
[ill cvt'iy
isiou and
liat which
le theory
received
: the IJrit-
issensions
boundary
liere were
1 ceases to
the Ainer-
■;ense, an<l
rcaty ^Yas
must be
highways
,* suit the
nderstand
I'lfrespon-
Vnu'ricans
itteinptvd
tli( ne;f(»-
aMacLane
id careful
s that tell
acceiitin.i;,
', staai]) »>t'
ittered by
VbtM'deen,
lout even
may lesr
1 t(> their
tlic laliovs
;iiid peace
ts ot con-
tlic most
\ aquies-
A ri'KN III X.
No. 1.
E.itract fnnn the treaty of Washhxjton, i>l' ■Jxm I"). IS-tO.
AuTK'T-i: 1. J'rom the '^>oint on the forty-ninth jtarallel of north lati-
tude, where the boundary laid down in existinj;' treaties and „ ,„, ,,.,,|,.
conventions Ix'tween the United States and (Jreat Uritain '■'•'"i""'
terjninates, the line of boundary between tlie territories of the United
States and those of Her llritannic ^fajesty shall be continued westward
alonj;- the said forty-ninth ]taral!el of north latitude to the Jiiiddle of the:
channel which separates the continent from A'ancouver Island, and
thence southerly tliroujih the middle of the said channel, and of Fu<:a's
Straits, to the Tacilic Ocean : Proridrtl^ hoircccr, That the navigation
of tlu> whoh^ of the sai<l channel and the straits south of the forty-ninth
parallel of north latitude renuiin free and open to both parties.
X
o. L'.
M.i1li-r .111(1 lorin "I
Extract J'lo IK the treat// of Wa.shintjfoit, of Maij S, ls7i.
Tin: NdiMiir.n.N I'.or.NnAir..
Akt!(JL!': ."U. Whereas it was stipulated by Article 1 of the treaty con-
cliided at Washington on the b">th ot' .lune, ISK!, between
the Inited States of Ameiica and Her llritannic .Majesty,
,4] that the *line of boundary betwt'cn the territoiy of the United
States and tli(»se of Her llritannic .Majesty, from tlie point on the
forty-ninth parallel of north latitude, uj> to whicli it had aheady been
ascertained, should be continued westward aloni; tlie said parallel of
north latitude ''to the middle of the channel which sepaiates the conti-
nent from \'an(;ouver Island, and thence soutlicrly thiou^h the middle
of the said channel, ami of Uuca Strains, to the 1 'aci lie Ocean ;" and
whereas the commissioners appointed by the two hi^^h contracting;' [tai-
ties to dctt'rmine that portion of the boundary which runs southerly
ihrouj^h the middle of the channel aforesai<l were unalile to aj-i'ee upon
the same; ami whereas the .uoveinment of ller llritannic ^Majesty
claims that such boundary-line should, under the terms of the treaty
above recited, be run throu<;Ii tiie Kosario Straits, and the (lOvernnuMit
of the I'nited States claims that it should be run thr(Ut<;h the Canal de
llaro, it is aj;ree(l that the respeetivi' claims of the j;(>vernment of Her
llritanni(! .Majesty and of the Ooveinment t>f tlu; United States shall
be submitted to the arbitration and awai'd of His ]\Iajesty the l''mj>eror
of Oermany, who, having; re<;ard to the above-nu'Utioned article of the
said ti'caty, shall ^Jecide thereupon linally and without appeal which of
these claims is most in accordaii'-e with tli- true interpretation of the
treaty of .June lo, 18 10.
•w
20
NORTHWEST WATER IIOINDARV ARItlTRATION.
w
AlMiri.i: .l.l. Tlic ;i\v;ir(l of Jlis Miijcsty tin; I'-iniu'ior of (Icrinaiiy
sliiill be coiisidcicd ns alisolutcly liiiiil ami coiicliisivc, mid lull ('iVcct
shall be ;;i\('ii to such award Avithoiil any objection, evasion, or delay
"whatsoever. Such (h'cision shall be ,niven in writinj;' and dated. Jt
shall be in whatsoever Ibini His ^lajesty may choose to adojtt. It shall
be delivered to the rej)i'esentatives or other public a;4'entsof the Tnited
States and C.reat Jbilain res|>ectiv( ly, who maybe actually at Beilin,
and shall be considered as operative from tin- day ol" the date ol' the
delivery thereof.
Akticm: .")(». The written (»r ]irinted case of each of the two ])artios,
JH'companied by the evid«'nce offei'ecl in siipjiort of the same, shall be
laid before Ilis !\lajesty the ICmperoi' of (iernniny within six months
fr»»m the date of the e\clian,n(' of the ratitication of this treaty, and a
copy of such case and «'videnc»' shall be conimniMcated by each party
to the other thronuh their re, ; -tive representatives at Jlerlin. The
liijih contractin,i« paities nuiy in, hide in the evidence to be considered
by the arbitrat<ir such (htcuments, ollicial correspondence, and other
ollicial or public statements bi'arinj;' on the subject of the refer-
[5] ence as they nniy consider necessary *to the support of their
respective cases. After the written or printtHl case shall have
been ('(unmunicated by ea<'h i>arty to the other, each i»arty shall have
the power of drawinfj; up and laying? before the arbitrator a second and
detinitive statement, if it think tit to do so, in reply to the case of the
other i)arty so <'omniunicated, which definitive statement shall be so
laid before the arbitrator, ami also be mutually communicated in the
same manner as aforesaid, by ea<;h party to the other, within six months
from the <late of laying the first statement of the case before the arbi-
trator.
Article ."ST. If in the case snbmitted to the arbitrator either ])arty
shall s|>ecify or allude to any r<'p(U"t or document in its own exclusive
])()ssession, without annexinj;' a cm.v, such i>arty shall be bound, if the
other party thinks proi>ei' to ai)ply . jr it, to furnish that jiarty with a
copy thereof, and either ]»arty niaj' call upon the other throujih the
arbitrator to produce the oiij;inals or certified copies of any i>apers ad-
dnc«'d as evidence, jiiviiif;' in each instance such reasonabh^ notice as
the arbitrator may riMpiire : and if the arbitrator should ilesiic further
eincidation or evidence with rej^ard to any point contained in the state-
ments laid before him. he shall l»e at lil)erty to lu'ar one counsel ora.u('nt
tor each |>arty in relation to any matter, and at such time ami in such
manner as he may think fit.
Aif'i'icr.E .'iS. The representatives or i»ubli«' agents of the United
States and (ireat Mritain at Uerlin respectively shall be considered as
the agents of their respectixc (lovernmciits to (-ondnct their cases before
the arbitrator, who shall be re<pu'sted to address all his communications
and give all his notices to such representatives, or other ])ublic agents,
who shall repi'csent their respe<'tive governments generally in all mat-
ters connected with the ail>itration.
Artk'LE IV.K It shall be comju'tctit to the arbitrator to pioceiul in
the said arbiti'ation. and all matters I'clating thereto, as and when he
shall see tit, either in person, or by a [)eison or jjcrsoiis named by iiim
for that purpose, either in the presence or absence of either or both
agi'nts. ami either orally or by written discussion, or otherwise. The
arbitrator may, if he think lit. appoint a secretary or clerk for the pur-
l>oses of the ])roposed arbitration, at such rate of remuneration as he
shall thiidc proper. This, and all othei- expenses of and connected with
said arbitration, shall be provided for as hereinafter sti[»ulated.
MEMORIAL Ol Tin-: INITEJ) STATES APPENDIX.
21
(ifrinany
lull clVrc't
. or drill V
(lilted, it
. It sliall
he I'liitcMl
iit IW'ilin,
iitt' of the
,() ]>iii'tios,
I', Sllilll 1)0
i.\- montli.s
uty, aiMl ii
■iU'li piU'ty
"ilin. The
(M)Ilsi(lOl(Ml
and other
the rei'oi-
it of their
sliall have
shall have
econd and
case of the
(hall be .-so
ted in the
six months
i; the aibi-
ither party
rxelusive
and, if the
ty with a
ronjih the
)apers ad-
notiee as
ire further
the state-
I oi-ayent
id in such
he United
sidered as
is«'s before
nnieations
lie agents,
II all niat-
)i'oeeed in
when he
mI by iiini
('!• or both
vise. The
r the pur-
ion as he
eeted with
I.
N
(I. o.
E.itnict J'foiii iln' jKitciit iii'ttuft'l h)f JdiiirN I of EikjJhihL Xorioilxr '■'>, in
ilu- (inltti'cnili i/car of his niijii, to the cokhcH if I'lyiiioulli.
* * * * " Wee, therefore, of our ("^peeiall (Jrace, nu-re
.Motion, and eertaine Knowledj^c, by the Aduiee of thv' Lords j.,,^,.,, , ,,
and otJK rsof our I'viuy ('onneell.have Ibr I's, our Hey rsiuid Kt;V.':i?.X'm".'\Vy
Successors, yraunlcd, ordained, and establishe(l, and in ;;nd i'":i^i' ■■' i"'""i--
by tiiese Ticseiits, JJo for L'.s, our ileir.s and .Successors, jurant, ordaine,
and establish, that all that Circuit, Continent, rrt-cinc ts, and Limit ts
in America, lyin.t;' and bein^- in Lreadth from Fourly J)e,'irecs of >.'orth-
erly Jiatitmle from the I'^quinoctiall Line, to Fourty-eijiht i);'.i;i'ees of the
said Xortlicily Latitude, and in Len<;tli by all the J5r«'adtli ai'oresaid
throughout the Maine Land, Irom Sea to Sea.'' ' ■
E.itravt
from Ihi' clidrlrr <f Mds.sachitseft.s I'-iji, t/riditcil lnj Clunlis 1
of Enijland, March \. Kil'S.
***** 'MVe <lo .liive and yraiit all the Laiides and
Hereditaments within the Space ol" Three JOnulish .Miles to the south-
ward of .Massachusetts Lay : and all those LaK'les and Hereditaments
within the Space of Three 10ii;;lish Miles to the Northward of the Jtiver
calltMl ]\I«'rrimacU", all Landes and Jlereditaments whatsoever, lyinj;'
within the Lymitts aforesaide. North and South in Latitude and iUeilth,
and in Lennth and Jionyitude, of and within all the llre^'h atbresaide,
throu,uh(»ut the mayne I.andes there, from tln^ Atlantick and A\'csterne
Sea and Ocean on the lOast J*art(>, to the South Sea on the 'A'est Laite.*'
* * * * * lie #
give
* Extract from the old patcitt for Connecticut.
* * "l{obert,Earl of Warwick," * * "doth
„.._ * * "the Space of forty L(Mj;ues upon a straight line
near the Sea-Sliore, toward theSouth-West, West-aud-by-Southor West,
as the Coast lieth towards Mrgiiiia, accounting three English .Miles to
the League, and also all and singular the Lands and Hereditaments what-
soever, lying and being within the Lands atVu-esaid, North and South iu
Latitude and Breadth, and in Length and Longitude, of and within all
the Breadth aforesaid, throughout the .AFaiii Laiuls theie, from the
Western Ocean to the South Sea;"' # * * •
fpr
•>9
NORTH WKST WATKR BOUNDAKV AKIUTRATION.
E.vtrnvt J'iom the charter (jranted hi/ Charles FT of England to (he lords
pr(>2>rietors of Carolina, March 1*1, 1G(m.
* * * * "•all that territory or tract of s''<^iin(l"
* * * ''('xtciuling from tho North end of the Island
called Liicke-lsland, wiiieh lieth in the Sontliern Vir^'inia Seas and
Avithin 8ix and thirty de;;rees of the Northern Latitnde, and to the West
as far as tho Sonth Seas, ii^id so sontherly as far as the river St. jNIat-
thias, which bordereth npon tho coast of Tlorida, and within one and
thirty decrees of Northern fiatitnde, and so West in a direct line as far
as tlieSonth Seas aforesaid:" # » # *
Extract from the commission of Gorernor Wrifjht, of (leorf/ia, of the 20th
of Jannary, ITtil.
" (leorsje TTF, l»y the j;raco of flod of Great Thitain, France, and Ire-
land, Ivinjjf, Defender of tiie Kaith, and so forth, to our trnsty and well-
beloved .James A\'ri;;ht, esqnire, jj^reetinjj:
* * " Wo did, by oni- letters-patent, nmler onr .^reat seal of
(Ireat Britain, bearin^r date at AVestminster, tho 1th <lay of iMay, in tho
first year of onr rei^n, constitnto and api)oint yon, .lames Wright,
esqnire, to be onr captain-.ueneral and yovernor-in-chief in and over our
colony of (leorgia, in America, lying from the most northern stream of
a river there most commonly called Savannah, all along tho sea-coast to
the southward, unto the most southern stream of a ceitain other great
water or river called Allamaha, and westward from the heads of the
said I'ivcrs, res|.('ctivcly, in direct lines to the South Seas." " *
[>^J
*No. 1.
Articles betiveen the United S/alis of Ainerita and I/is lirilaniiic Majesty.
I\oremhcr 30, ITSL'.
Article II. •
#
'■to
"From the northwest angle of No\a Scotia" * *
F.r.t i„i.iy I..- '^through Lake Superior" # * *=
lllwlVuA i\r'''-^ the Long Lake ; tluMU'o through the middh> of said Long
hoVria'.r^r,iZ'v.,'.H Lake, ami the water communi<'at ion between it and the
""'"*• Lake of the Woods, to the said Lake of the Woods; thence
through the said lake to the nu)st northwestern point thereof, and Ironi
thence on a due west course.'' * * * * *
No. 5.
Extract from thi treat ii hetu-ecn the United States of America and the
French Eepnhlic, April .".0. l,StK5. "
Article L \N'hereas, by the article tin? third of tho treaty concluded
Ti, . ir„ii..,i s.,... , ut St. Ildelionso, the 0th Vendi'iniaire, an (1st October,
""""'""""" 1800,) botwecu tho First Consul of the French and Ills
M
MKMORIAL OF THE IXITED STATES — Al'PEXDIX.
23
<>/• the 20th
('atliolic Mii)t''*<ty, it was njjfiTod as follows: "His (Catholic Majesty
i>roinisi's and eiij^afios on his part to code to the Froneh Kepublic, aix
months after the lull and «'ntire execution of the conditions and stipu-
lations herein relative to his royal hi^-hness the Duke of I'aruia, the
colonv or province of Louisiana, with the sanu^ «'xtent that it now has
in tiie hands of Spain, and that it liad when France jtossessed it ; and
such as it should he after the treaties subsequently eiiteriid into between
Spain and other States."
And whereas, in pursuance of the ti'caty, and particularly of the tliird
article the French Jtepublic has an incontestable title to tlu^ <lomain
and to the i)Ossession of the said territory : The First Consul of the
French Kepid)lic, desirinj; to j,nve to the United States a stroujj proof
of his friendship, doth hereby cede to the said United States, in the
name of the French liepublie, forever and in full sovereijiiity, the said
teriitory, with all its ri^jflits and appurtenances, as fully ami in the
same manm'r us they have been acquired by the l-'rench Republic, in
^irtue of the altove-nientioiied treaty concluded with His Catholic
^Majesty. '
|i»j
*No. 0.
Additional and e.vplanatort/ nrticUs, sltptrd tlit — dai/ of . 1S(>7, to
l>e added to tin; tnatif of amiti/, coinmrrrc. and uavif/atioit, In'tirecn Jlis
Iiril<(n)iir Majcsfj/ (Hid ill) I'liitcd Slufrs of America, sii/tied at London,
the Mst day of Jhremher, 1S()(>,
[Iiitlo.ifd ill Mfs.srs. Monroe and I'incUnc.x's li-tt( r ol tlic "jritli April, l-u7. I'lum Lon-
tloll.]
.VirrrcLi: "t. It is aj,n'eed that a line drawn due \v(»st from the Lake
of the Woods alono; the tbrty-niiith jiaiallel of north lati-
tiuh' shall be the line of deinarcati<ni [division linej between an,i''^ir.'';i'' lir't'm
Ilis IVIaJesty's territories and those of the United States to ''""'h "."ir'n'-i '■!',"„
the westward of the said lake as far as the territories of the "'"'"" ""
United States extend in that (piartt-r; and that the said line shall to
that extent form the southern boundary of His Majesty's said terri-
tories, and the Jiorthern boundaiy of the said territories of the United
States; i)rovide<l that nothin*;- in the inesent article shall be construed
to extend to the northwest coast of America, or to the territories be-
lon,',nn,if to or claimed by either ))arty on the continent of America to
the westward of the Stonv Mountains.
^'
o.
Mr. i][adison to Mr. Monroe and Mr. Pinchnejj.
[Exti:i.-t.]
Depaimment oj' Statj:, J/f/*/ 30, 1807.
C. EXT 1. EM en: *####*
ea and the ■ 1st. The modification of the. fifth article (noted as one which the
Uritish commissioners would liave agreed to) may be admit-
ted in case that pro[)08ed by you to them be not attainable. rHMM.'^^h;.'?!,,?,',;',"'!;!
But it is much to be wished and pressed, though not made " " """ ''""""
au ultimatum, that the proviso to both should be omitted. This
T
24
xNOKTIIWKST WATKK 1?()IM».\I{V A1MIITKATI<»\.
{10| is ill IK) view *\vliiit('V('r ncccssnry, jiihI ciiii liiivc littlo other
ell'eet tliiiii iis iiii oHeiisive iiitiiiiiitioii to Spain tliat our <-laiin.s
extend to tlie I'acilic! Ocean. Jlowexer reasonable siieli claims may be
eompared with those olotlieis, it is impolitic, especially at tlu^ juesent
moment, to sti'eii<;tlien Spanish Jealousies of the rnited States, which
it is ]irol)al»ly an oliject with (iieat ISritain to excite l»y the i-lain^e in
question.
No. S.
.1/*'. ('((iiiiiiif/ to Mr. Kinij.
FolIKKlN Ol TICK, April L'O, ISLMI.
The uiuleisiiiiied. His Majesty's Principal Secretary of State tor
Th. i!,,ti.ho.^.r„- I'orei;;!! An'aiis, has the honor to re^piesf Mr. K'nf'iis lvin,ii',
t'im''^'ru'iJ''.v'vv.' Kn\(»y Ivxtratu'dinary and Minister i'leiiipotcntiary of the
boumiury. U 11 1 1 cil S t a ( CM, toluivc tlic <;(todness to inform tin; under-
siju'iied whether .Mr. Kin;;' is provided with instructions for the resunij)-
tionofthe ne;;(»tiations of last year, with icspect to a settlement ol
boundaries upon the northwest coast of America.
The Tin(h'rsi;;ned is particularly induced toinake thisiiupiiryby having;'
received from ^Mr. A'au;;han a copy of the cominunicalion. lately ad-
(hessed by the J'resideiit of the Unite<l States to the Jluus( of Jlepre-
seiitatives, of that i)art of 31r. Kush's correspondence of last year which
lelates to this imjioitant subject.
The undersi;,nied has to add that the llritish jdenipoteutiaries, 3Ir.
Huskisson ami !Mr. Addin^jton, are perfectly prepared to enter into con-
ferences with ]\lr. Kin;;' thereupon ; and eiilier to renew the itroi>osal
brought forward by Mr. Iluskissou and Mr. Stratford Cannin;;' in their
eonference of the J.'Uh of ,hily, ISiIl, and unanswered, or to brin;;' lor-
Avard aiiotlu'r; to discuss any new prupos.il on the same subject, or
■which may be sn;;';;ested on the part of the jtlenipotentiary of the United
States. Till' undersigned has the honor to renew to 3Ir. Kufus Jvin;;'
the assurance of his hi;;h consideration.
(iEOKr.E CANNING.
]iUl'lS IClNd, i:s(i., tlv., dr., dc.
1
I
■I
I
i
[11]
*No. t).
Mr. C'l<(y to Mr. ihiUatin.
[Kxtnict.]
.Innc 1!», 182G.
A.s by tlie convention of 181S the forty-ninth parallel of north latitude
has been aj;reed to be the line of boundjiry between the ter-
ti» .'lit'm?,i!mM!ni'. torics of the I'nited States and tJreat ]>ritain, east of the
imtt. >uu:. ytony ^Mountains, tluue would seem to arise, from that stip-
idation, a strong" consideration for the extension of the line along the
same parallel, Avest of them to the I'aeilic Ocean. In bringing them-
selves to consent to this boundary the Government of the United States
feel that they are animated by a spirit of concession and compromise
MKMOKIAf- OF THE IMTKH STATKS — AIM'KNDIX.
25
tlo other
ir claims
s may be
V lUCSlMlt
PS, AVllicll
cluiisc ill
», ISL'li.
Wtiitc tor
t'us Kiii;^',
ly of till'
lu' iiiHlcr-
i' ii'sump-
IcllK'Ilt ol
l»y liiivin<;'
lately aU-
)1' Jlejue-
I'av whieli
aries, ^Iv.
[• into con-
]»io])osal
^ ill tlieir
hriii;;" lor-
iihjeet, or
le Tiiited
fus J\.iii<i
:^l^Ti.
i
%
whieli, tliey i)<>rsiia«le tlM'inselves, tliat of Ciieat ISritain cannot but recoj;-
nl/e, anil oii;;lit not to hesitate in r<'('i|troeatiiiu-. \\.\\\ are then aiithoi-
i/.ed to ]»i'o|tose the aniinlinent of the third art:i"le of the convention of
l.sjS, and the exlensi«»ii of the line on the parallel of l!> from the «'ast-
ern side of the Stony .Mountains, wheie it now terminates, to the I'acith!
Ocean, as the in'iinaiient Itoimdary between the territories of the two
Itowers in that <|iiartei'. 'J'liis is oiir nit iiiiatnm, and you may so an-
noniice it. We can coiiscni to no (ttln-f liiif moie favorable to<ireat
ib'itaiii.
.!//•. i'Unj to Mr. (utUiitin.
[Kstiart.]
LFAINdTitX, Aliji'sl ;», is_';;.
* # *
^'i
>• He jtiie IMt'sidt'iil | is very di'sirons of an amicable settlement of all
the jxiiiits of dilfereiiee between (Ireat Ibitain and the I'nited State's on
just inim-iples. Siu^h a settlement alone woidd be satisfactory to the
]ieo|)le of the United States or would coiiimand the coiic'iirrence of
their Senate, in statin;;' in your instrnctions the terms on which the
rresideiit was ^villinj^• that the several (|uestions iiendin;; between the
two j^ovcinments mi;ilil be arran.n'ciljieyieldedas much to a spirit of con-
ccssi(»ii ashcthoujiht hecould consistently with the intcrestsol this
[ li'j country. Jle isespecially not *nowprepare<l to autlKui/eany stii>u-
lations invohin;;' a session of territory belon^iin.n' to any State in
the Cnion. (»r the abandonment, expressor implied, of the ri^lit to navi-
;;ate the St. bawrence, or the surrender of any territory south of latitude
forty-nine on the northwi'st coast."' * * * * "11. The
l'resi<leiit cannot consent that the boiiiidary between the territories of
the tw(t powers on the Northwest Coast should lie south of forty-nine.
The liiitish (lovcrnmeiit has not been committed by a positive reiection
(»f a line on th('i»arallel of forty-nine: but if it had been, its i>ride may
take refuse in the olfer which, tor the lirst time, yon are to i»ropose, of
a ri;;ht in common with us to the naviuation of the Columbia Kiver.
There is no objection to an extension of the time to be allowe<l to Ibitish
settlers to remove from south of forty-nine to a ]»eriod of tifteeii years if
you should tlnd that it would facilitate an ariaiini'meat."
No. 10.
|), 182G.
I latitude
n the ter-
i.st of the
that stip-
alons the
iuft' them-
ted States
m promise
Mr. <i(tll<(fin to Mr. Cliii/.
London, XorcmJn'r Uo, bsjo.
SiK : * • * • • * *
The latter part of our conversation was of a more conciliatory nature.
Mr. lliiskisson said that it would be lamentable that, in this a^ic, two
such nations as the United States and (ireat IJritain should be drawu
to a rupture on such a subject as the uncultivated wilds of
the Northwest Coast, ibit the honor and di<j;nity of both iM.^iI.llm'.imiTvu.'.,
countries must be respe<'ted, and the mutual convenience of """''
TT
\ I
i>f;
NORTIIW KST WATKIi HOrNDAIlY AUIUTHATION.
both parties .should also bo coiisiiltnl. Jle th«Mi objected to tlic strai;»'ht
brie which we proposed, as haviiiji,' no ie;;ard to such convenience, and
ol)served particularly that its cuttinyoll' tiie soutliern portion ol'C^uucba
and \'ancouver"s Island, (that on whi«;li Xootka Soiiiul is situated) was
• |uit(^ inadniissihlc. I told him that, takini-oidy coincnience into con-
sideration, their proposal was lai' more objectionable. » # «
AMSKIIT CVM-ATLS.
I Jon. ilKNUv Clan .
Srcnhtn/ o/' tStdlc. .
fi
i;5j
*X(). II.
Mr. HaJUtl'm to Mr. Chn/.
LdNDON. Ihromhvv L*, 182(5.
i^fP . # * * * # ♦■ # ♦
j\lr. JlusUisson then asked my whether I was authorized to deviates
from the (brty-ninth i>aralh'l of iatituch', as a boundary. I
wl'j. V..' «.''i,'',m'- (b(l n()t think that he had any ri^ht to ask the (jui'stion ;
»(vT/r\nr...illmll.',','t but, as it was only from courtesy, and to avoid, at the oi)en-
in<;' ot the iK'^otnition, <'\i>r(!ssions at all savorinj; ol luirsh-
iicss, that I had used the words " whilst insistinj.^ on tln^ forty-ninth
de^jree,'' instead of tlie word " uitimatuni;"' and as, in fact, the LTnited
►States had nothin*; to conceal, I answeretl the question : To the forty-
ninth i)arallel of latitude the United States would adhere as a I)asis.
If, on account of the ffeof^raplncal features of the country, a deviation
founded on mutual convenience was foiiiul e.\'[»edient, a proi)osal to that
etfect might be entertained, ])rovided it was consistent with that basis ;
that is to .say, that any (bniatiou in one phu.'e to the south of the forty-
ninth parallel should be compensated by an equivalent in another place
to the north of that ])arallel. I must observe that what 1 had in view
Avas the exchange of the southern extremity of Nootka's Island,
(Quadra and \'ancouver"s,) which the forty-nintli parallel cuts in an in-
convenient manner, Ibr the whole or part of the upper branches of the
Columbia IJiver north of that itarallel.
Aid'.HRT (lAId.ATIX.
lb>n. llr.NRY Clav,
tSirretarif of )S((tl(\
m
No. 12.
Extract from Vaiwouvers " Voyaije,'^ rol. 1, page 312.
'*As we were rowing, on Friday morning, [June 22, 17!)2,| for Point
?i,hi,h -Mpinr.,, ^Irey, # # * we di.scovered two vessels at anchor
'""""'"'^""""""- under the land. * # * The.se vessels proved to be a
detachment from the commission of Seuor Melaspina, who was himself
employed in the Philipi)ine Islands; that Sefior Melaspina )iad, the pre-
ceding year, vi.sited the coast; aiul that these vessels, His Catli
[14] *olic Majesty's brig the Sutil, under the command of Seilor Don
D. Galiano, with the schooner Mexicaua, commanded by Seuor Dou
MKMOKIAL OF IIIK rNITF.D STATES APPENDIX.
27
of <^iia<li.i
latcil,) was
I' into roll-
# •»
LATIN.
i\ Valilt"*. Itoth captains of frijiati-s in tin' Spanish navy, had saih'd
from A<'a(»'''<'<' "*" tln'Sth of March, in onh'r to prosct-ntc discoveries on
this coast, kScfnn' (iaiiano, who spoke a little ICnylish, infoiinetl ine
that they had arrived at Noolka on the 11th o^' Apiil, from whence they
had sailed on th«> rtth «)f this month, in oidei' t(» complete the <-\amiini-
tion of this inlet, whu-h had, in the precedinji' year, been paitly snr-
^('ve(l by som«' Spanish olliceis whose chart they prodnced.
'"' I cannot avoid a«'knowledj;in,'j;' tliat,on this occasion, I experienced no
small dcfiiee of nntrtilication in lindinj; the e\t<'rnal slM»res of the ;;nli»h
had been visited and alrcinly «'\aniined a U'w miles beyond w heic my
reseai'chcs dnrin;; the excursion had extended." * . » «
2, ks-m;.
# ♦
to deviat*'
mdary, I
(inestion ;
t the oi)en-
<; of havsh-
forty-ninth
th(> LTnited
) the forty-
US a basis.
i deviatu)ii
>sal to that
that basis ;
the forty-
)thcr place
id in view
I's Island.
s in an in-
lies of the
.LATIX.
for I'oint
s at anchor
ved to be a
as himself
id, the pro-
llisCath
Sefior Don
SenorDou
No. i;!.
Mr. Krcnit to Mr. Wrhstrr.
l.dMioN, Orlnhn- 1!», 1S|L».
o.p. * ■»- * * ■♦ * #
Lord Al»erdeen, in the conlerence w liieh ensued after the exclianj;e of
the ratilicatious, ol)seived that his only sul)iect of rej^rct in
coTUiection with tin' treatv was, that the bouudarv between ..-i.''. ...V,.V|.M'l„'•'
the two conntrH\s on the Tacihc ( )c<'an had not been ]U()-
vided for: and exiiressed a slronj; wish that I niiiiht leceive instructions
on that subject. * * * ' * * #
KDWAIJD KVI'.b'KTT.
Danikf- Wi:ijstki{, lOsq.,
ISv<rt'f(irij »;/' Sfdic.
'•']
*No. It.
Mr. J-Jnirtt to Mr. Wth.slir.
London. XorcDilm- is. 1812.
Sik:
■''lit •
On arriviu;:;at the Forei>in Ofiice I \\:is told that liord Al)erdeeu wished
to see nie, and was conducted to his loom. ile infornu'd t ri Ab«rHP<.n
Mie that he wished to read me a copy of a despatch which ,^;T,,\.'T,.m;'',''i',>''>'
he had addressed to Mr. Fox, directinji' him to make known ^- '""•■'••|'>
to the President the stronj;' desire of Her Majesty's {government to en-
j;a};i , V ithouc delay, in a ne>;-otia1ion for the settlenu'ut of the bi-undary
between the two countries on the raciti<' ()c«'an, and his wish that in-
structions shonld be sent to me for that i)niiM)se, * * * In
the conversation which ensued, lu^ dwelt with ftieat earnestn»'ss on the
danjyer to the j^ood understanding'- between tlu' two countries so happily
established by the treaty of Washington, to be ap|>reheiided from leav-
ing this question in its present unsettled state. * * # #
KDWAKD KVKKKTT.
Daniel Webster, Escp,
{^I'cn'tarif of State.
28 NOirrHWKST WATEU I$0I \It.\RV AKISITUATION.
N(». IT).
Mf, F.i't'ntt to Mr. ('jisliiir.
[('()liliilciiti:il. ]
• LoMxiX. Ainnist 17, 181.'!.
Dr.Ai: Sii; .#*#**
NVlu'ii l.oid ^Mn'itlrcn spol^cof iiistnictiii;^ Mr. I'dxoii tlicOro.^oii <|U('s-
Mr. F.v,M.u tinnk. tluii, lic juMimI ill! «' \ ] »r('ssi( )i I (tt lils n'urct that the iic^utiii-
h'rb.".7"l';rl'' I'.ui ',1 tioii sliouhl liill iiitoliis hands, lie has on many occasions
\v,i.ii,t.«i..,, expressed a wish tliat I shouhl Im- chaii^cd with ihc negotia-
tion. Could 1 hope to biinj;' it to a suceesslnl issue, it would ol' i-ourse
bt^ very ajiTceable : but it seems to me out ol" the (juestion ti> eaiTV ou
sucli a ne.yotiatiou anywhere but al W.i.sluniitou.
KDWAi.'i) k\i:im:tt.
lion. A. 1*. ri'siin;.
i I
1(>J
*Xo. !•;.
Mr. CjisItKr fi> Mr. Errrttt.
Dl'.l'Ai: I Ali'NT <ii Statk,
Wasliiiigloii, Ovtolnr !», lSI-'>.
SiK : The i're.Nith'nt ilirccts th n \oii take an early occasictu to brini;
F,,ii |...,,,.,, ,„■. ayain to tlu' attention of llei- Majesty's jn»)veninM>nt the
vi''n.«.^«Ii. i.M Vh.' sultject t)t" the claims of the f vo countries I'espectisely te
.>r.,,.„i„M„„b,>.' theterrilory west of the llorky Mountains. Tiu- dillicuiti<'<
vhich the conllictinn' ehiimsof b'ussia to a imrtion of tids ter'.itory ha,\r
lu'retofore interposed, are now happily iemo\ed liy tlu treaty of April.
ISi'l. which detincs the limits withii' which lliat power e.ii^a.u'es to re
stiict its setlienu'Ut; so tliat the (piesrions now to be settled rest exclu
sively bc^tween (ireat Uritain and tlu^ I '..ited States. * *
The oll'ei' of tiu' ,'brty-nintli pai'alici of latituile, allliouuh it has onc<'
been rejectcil, u>ay be a,nain tcnd.'ird, |o'_;.'(lier with (he ri.ulit of iia\ i
;;atin<;' tiu' < 'olumliia upon eijuitaliie terms. r>i'yond this the TresidfU'
is n(>t iH'W prepaied to .u(». * ' * '
You will \ecei\(' heiewilh the necessary p(»wers to nc;4otii''e upon th''
subject, if. ho\\e\'er, the Ibitish i;it\ ei iimcat i»;efcrs that ti.i' ne^ioti.)
ti«ui shall be comluetcd in Washini^'tou, thai arranycnu'Ut wdl be pei
IVctly agreeable to the rresideni.
A. I', rrsiiri;
Kdw.vwi) 1]vi;i;ktt, \ls(\.
No. 17.
Mr. Er.ntf to M,. fjiJun:
[C'«lllill.lili;(I.J
K(»MU)\, Xurcnihrr '2, ISi;
Silt : Dy the steamer of the Idth October.
ad ^!ie honor to receive
» f II »■ It iiti tiiiii
iiiHton.
your (U'sp.ileh No. (!".', iuclosiuj; ji lull power frou) the I'res-
Awi" ident to treat with this jioviTuuieiit for the atlpistmeiit e(
tile Ori'jrou boundar\, and eontainiiifr vour instructi.>ns or ^
tUiit siibjeel". J lost no time in a]>plyiuj4 foi an interview with lioivi Abe
MHMOKIAr. OF Tlli". IMTHD STATKS AIM'HNDIX.
20
17, 181; J.
ro^on f|Uos-
lic iicj^utiii-
V occasions
he iM'^otia-
l ui' (nurse
() ciiiry o\i
«
i:im:tt.
(ItHMi, niul s;i\v him tiic iiist (iay of his rctnni to town. On ;<it|)iis-
[flT! iiiy ^hiin ot' tiii' tlispositinn (»tth( I'rcsiiJcni to ojK'n a negotiation
^ on'^thi.s subject at London, Lord Alitiiieen inloinied iiie that such
'an ariani^cnHMit wouhl hn\c lu en altop't!!'.'!- a.i;)ceal)le, to him if some-
\vliat earlier made, and reminded me tlnit i;e had very otteii, in the
[course of the last winter, expressed the wisli that th(> I'resid .d would
'aiitlioiize nic to ti'ent on the sni';"et. Jle had, ho'.\ever. lately otme to
I a conchision an(). taivcn a step tliat made it m'ce.-^sary to treat u])on tln^
sultject at Washinfi'ton : thiswas therecall of Mr. Fox ami theai)pointment
of a snecessor. -Vmoiiji' the .mounds for ado])tin,u' this measure, was the
belief that tiiere woulii be d'('ide<l ad\anta^-e iu puttiui;' the manage-
ment of this subject into now hands, and consequeidly that had been
and wonhl be assi^^ned as a leading- reason for the coidemplated ehanjic.
This eiMirse, he said, Imd not been resolved upon till they had eidirely
I j'i\('ii n[) tht' ('xpe('tatioii that 1 sh()uhl be authorized to treat (.n this
snltject.
♦ # # * * ♦ #
EDWAKi) i:vi:i{i:tt.
A. I'. ri'siiiK. Ks(|.,
ISicrrlarji of State.
!■)■:,
>••», 1S1;5.
Ill to briiiu
I'liniellt the
|)ectl\t'ly to
' ditheultit'N
I'vitory ha\ r
of AjMil.
H'cs to re
rest exclii-
«
it hiis oner
It of lia\ i
rresideiit
' upon llie
).i'- iiegoti.i-
ill be pel
I'siiri;.
•J, i8i;i.
|(» reeeivt
I the I'res
isiment oi
uctions or
i.ui'l Abcr
'i
1 lion. A. !'. ri'siifi;
No. IS.
Mr. KrcrHt to Mr. I'p.shur.
I I'r'n :il(' iuid iKiiliili'iitial.]
London, Xomnhtr I L ISI,"..
" Ml.' iMiilkl i>r
! had a loiiif and, upon tlie w hob . (piite a satisfactory con-
versation with Lord Aber^leen at his dwellim:- house on the
ilrh instant. He was on a \isit to Windsor Castle, from
which IieMrot'iiie a note reipiestin^- me lo call upon him at Aruyli
Ilonse (histown residence. ) and I believe he came to London prim'ipally
for tile i»nipose of IntldiiiLi tliis iiiter\ iew. lie returned to the castle to
dinner, lie told me that he had com mini ica ted to .Mr. Fox, by the steam* r
of tiic Itli, that his successor was appoinied. * * He then led
the way to ii free and ih-sultoiy biif <ieneral and c(»mprehensive coip t-r-
s, I tit in oil the( >re.uoii tpicNtioii. o!)sei\ iiit;' in the outset that it was chielly
in the hope of putlin.u this tpiest ion in a t'a\oral>ie train of a<liiistmeiir
that .Mr. Imix had been recalled ami .Mr. I'akeiiham appointed, *
jl"^] * * Lord Aberdeen assented also *t<t m,\ remark that the
nniiieioiis stations which th.' Iludsoii's l>a.\ ('ompany had estab-
lished south of the fortyiiiiith decree, ot north latitude sine ■ the year
1>>1S, tlioii^^h they nii.uht and nmpiestioiiably would emliarrass the lb itish
liOM'iiiiiieiit ill reference to that comp:'.i!y, and tiiroiii;li them in refer-
ence to public opinion, oiiuhf not to prcjudici' the claims of the I'nited
States, This I think a \ery important point, to be liiiidy kept in view.
* III oUenn^j; tlie loi tyniiith de;iree of lalit iide as the
I'oirndatA wemak 'a \«'ry fail', etpii table, and liberal olVer, an offer founded
the (ib\ ioii> and natnial principles of distiiliulion • "hilethey, in rc-
ii;,: thi-; <i|fei and iiisis'iiij; on the ('oliiinl>ia Kixcr, proceed upon no
o!l
ilSI
such principle, but simpl\ insist upon a l»oiiiidar\ very favorable to
theiiisehcs. Our oHer. I said. I'loceeded on the old [>rinciple of the
J\
30
NOKTlfWKST VVATKR nor.NUARY AKUmJATIOX.
En<:(li.sh (tliartors of rumiiiij'' noithcni and sontlicni bouiulaiics IVoin s<\i
to .sea. It' it be ohjci'ted by liOi'd A. (as it was) that liiu's of latititdt-
were arbitrary fi"d ini^lit b«', very unnatural and ineonsfnient bounda
rie.s, I toUl him that tins cirennistance was as likely to be in their favoi
as ours; that lines of latitude had theadvanta;ne that they eould alwa\s
be a.seertained by men of science ; and tliat, in point of fact, the forty-
ninth dej^ree, had proved a very Cijnvenient line for l.iKKhniles. In fact
the part of the boundary runninji" on the jtarallel is the only [tart in rel
erenee to which no controversy lias arisen or is to I)e feared. Another
natural and obvious principle, I ol>serve<l, connected with this, but not
identical, was the extension of conti};uons tei-ritory. * # *
This train of remark produced an ob\ious elfect u|)on Lord .Vberdeeii.
and after makinj;' some in<{niry as to the course whicli things would
probably take in Congress duriuu the approaciuiiin session, in refeiencc
to this subject, and e\p!('ssin,L; a stron;; hope that no step would lif
taken by either lloir-^t' to embairass the two ;i-overnments in the nej^o
tiation, lu' said, il' this can be avoided, " I <h» not think s\-
iiMuk.iii.Mf. wdinoi shall hu\r uuirh (li!nrintv; and tins umikuk Iu* repealed.
m»rtii.nsHM h,H,., As not a syllable le.l Irom nu' authon/anj;' the expe<!tatioii
that the I'tiited S;;ites would be induced to run tin- liiif
below the forty ninth de.u'.e; , I considered that renuirk, twice made,
coupled with the tenor of my own observation «)n tiu' ri'asonabk'Uess ot
that boundary, as anth<u i/.ini; the inference that Mr. Pakenham wcudd 1m
instiuclt'd to assent to it. The main ditliculty in the way of this will If
that the forty-ninth dej;rec. has twice i»een otVered by the rnileil
|l!t| Stati's, (>!■ ratlier thrice, and declined by Eujiland. Lord *Aber
(U'cn <tii former oi-casions has adndtted as much. To mee;
...'.'I .iM,V""i.flr^ tins difliculiy, it nmy deserve the President's consideration
|;;;;V';;"',1i',,,r'i'ii'' ^vhether h<- would not ayi'i'e to uIm' u|> the southern e.\
vV//um"ri"i!m!i'.' "' treuuty ol (>»uadra and \ancou\er's Island (wliich the foil, v
ninth dejirec would lease within our boundary ) on condiiioii
that the eutramt' of the straits (»f .Iiiaii <le I'uca should at all times h.
left i)pen ami tree to the I'liited ."Stales, with a lr«'e naviji.ition betWiMii
.t.'l l_lil -1 I I .• .1...I .1 w
that island and the main land, ami a free outlet to the mitli.
If there is any ri'lian<-e in appear.ince and professions. Mr. rakenha
will j;o to America with the Itest fe.-lin^s In! an liouoial>le adjust meiii
the matter in discussiiui.
i:i>\vAKi) i:\i:im:tt.
Ill
v
.. i!».
Mr. L'rcntt U, M,. I'lishur.
[l'.)iiliilciiti>il.]
L'>M>ux. Ih'ct mhtr 'J, isp
'•>lli : I had a lull;; and impoitant conveisation with Fiord Aberdeei
on the. -".Mil ultinn>, which 1 now lie;; leave to report to yen
Ml. Km nil .11.
I.iii.l »ii..ril...'ii iIm
conhdentially lor the infornuition of the I'resitlent.
I ha\e oliser\ ed to \ou in a fornu'r communicaiiou that,
thouj-h the nej4;<»tiati<m n-lative to tlu' Ore,t;(»n boundary had, in consc
<piem'e of the recall of Mr. l'\t\ and the appointment of Mr. I'akenha:ii.
Iteen transferred to Washington. I shoiihl use my inst elVorfs to |»rodinc
such an impression <m Lord Aberdeen's ndn«l, as to the prominent pointstii
the question, as nuj-lit have a favorable in liiu-nce in the i)reparalionuf t!i''
MKMOKIAL OF THE UMTKD STATES APPENDIX.
n
'S from sea
of latitudf
nt bouiidii
tlu'ir fiivu!
uld al\\a\s
, tlu' forty-
's. In fact
Itart ill rel
Anothci
lis, hut uiit
# *
.VluMdcoii.
liiij^s wouM
u refuroiici'
|) won hi Itt'
II tlu^ iiepo
i)t tliink \V'>
(' i'('|U'at(Ml,
i'xp«'('lati<"ii
in lh«'. liiM'
wicc iiiadf,
lahU'iicss (It
nil would 1m
this will !»■
Lln' riiit(»l
.Old *Aln'i
1. To iiwf;
msidt'iatioii
[oiitlicrii ex
1 tlif I'oitv
II coiidilioii
linu's 1m
(III llt'tWl'ill
raUciihaiii
llStllU'Ill (M
i:iii:tt.
in.stniction.s to be given to Mr. rakoiihani. AVith tliist'iid in viow I liad,
foriiiorintervie\v,asl liavealroady infornu'dyon, jjoiu'ovtirtln'fjronnd
111 a
S srciH
/ li, isi;.
Altcidfi
port lo y<
lit.
■aiioii t1i;n.
d. ill coiisi
I'alicniiirii.
t«) product
'lit poiiit.>«ii
alioiiot 1'
rally in support of our claim, i^articiilarly urj^iii}^', and as I thought
\\ith sonic clVcct, the reasonableness of the terms on \vhi<'li the United
States have uniformly olfcrcd to adjust the boundary. Jn my interview
with Lord Abcrdi'cn on the L'Utii I jmrsiicd tlic same line of argument.
I lust made some remarks on the claim of the United States, as
L'Oi the i-epi:csentati\es t)f ►Spain, to an ( xtensioii on tlu' nortli*\vest-
ciii coast of America, originally indciinite, and limited only by
the ccdiipacts wiih Kussia, to which Siiain and the United States are
parties.
I'as.'^iiig i'rom this topic I urged witii ail the force in my power the
extreme reasonableness of the }u'oposal of the Unite<l States to run the
line on the furtyiiinth |»arallel to the sea, on the grininds (»f extension
of contiguous territory; of giving to each power the tract due west <,»l
its acknowledged territory: and on the ground that in a linal appropria-
tion of ;; region at jnt'sciit unai»pr«»|ni;itcd (assuming tor the sake of
argument that Oregon territory is in that conditi<m) that the I'nited
States ('(itainly were eiititletl, besides their <»\\n share, to two other
snares, in the right of fiuiice and Spain, whose title they had combined
with their own. * * *■ * * *
Alter considerable discussion of these points. I,<ud Abenh'cn tinally
said tliJit these Mere grounds which, in the main result, had been long
aiio taken !>> tlu' Uniti'il States, and reject«'d l)y laigland ; that the
question was tpiite ditVereiit trom what it wtmld have been if now pre-
sented for tile lirst time; and that it was iiui»ossible lor the iiresciit niiii-
istiy to accept what had been rejeeteil in ISL'l and ISl'ti; that they did
not suppose that w«'. any niorc^ than themselves, ccuihl now agree to terms
wiiicli we had declined tlu'ii; and that, consecpiently, tlier*' must be
concession on both sides; thatthev were willinn to act on this principle,
and that we iiiusf ilo the same.
I regarded this obseix atioii. now made to ine for the lirst time.
ii!lhoii;^li the Oregon boundary since my resiih-nce in laigland has been
the sul»jcct of very frefpient con\ t'lsiition lietwecn Lord Aberdeen and
inyselt. as very important. 1 told Lord Aiterdceii (hat 1 thought it
would he \«'ry dllliciilt for tiic Unitetl States to maki' any modilicution
ot' their tbriiicr proposal, ex<"ept in one point, whiili I did certainly regard
as \er\ important to laigland, if she eiiteitained any \ lews to the lutiiie
^ettleiiieiit of the country. I thought the I'residcnt might be iiiducc»l
so far to dc|»art from ilic tbrty ninin parallel as to leaNC the whoh' of
<juiidia and \'aiicoiiver"s Island to I'higland, wlwreas that line of latitude
would L^ive us the southern extremity of that island, and c(Misc(|uently,
tile com maud of the stiaits of Luca on b(»;li si<les. If the country is to be
occupied by a tiense jtopulation, as there is no reason to doubt would one
ila\ he the ease, this wouhi be a \ aiuable conees.Nioii to Lngland, without
implying a great saciilicc on our part. I observetU I was not au-
-i tlioii/,cd to say this would be agreetl to; I ciuild tmly *say I
tln>n;;ht and wished it might Ite. I then pointed out Mr Kv.r..i i,.,m.
oil a map tlie cxteiil ot this concessi«ui, and Lord Aberdeen 'iiiVi'!'.'ii'"in'm''4ii''ih,'if
^aid lie would take it into consideration. v., f„i.r.i>iiimai.,.
lie then asked me it I was coiilident ol the accuracy of the s(at<'ment
wliicl^ 1 had iiuuh' relative to the olfei in iS'Ji;. un the part of (Jreat
Ibitain, to give us a port vithiii tlu- stiaits of i'lica, with an adjacent
territory. ♦ * » * » * *
I accordingly considered Lis in^juiry to [Mocei d from some anxiety lest
m
;]2
NOirniWKST WATEK nolNDAUV AKIUTHATIOX.
I slumld 1)0 inistiikcn, jind ;i wish to liiive tlii' fact ostiiblislicd that th«\v
liad then oH'cicd lis a tciritoiy iioith <»!' ('oliiiiil)ia, in orth-r iio\v to tiunl- ^j
iUifc the way foi' an al)aii<huiiii('iit of tlic Colimibia as the l)t>uii<lary.
I may bo in an error In this view of tiie snbjeet; but it is tlio result
of the closest <'onsi(hMation I have been alth' to yive it. that the i)reseiit
iiovernnient, thonjih of course ih'terniined not ti> make any discreditable
sacrifices of wliat tliey consich-r their rights, are I'eally willing to agrei'
to reasonabhi t<'rnis of settlemi'iit. # ♦ # *
1 spoke with considerable earnestness in reprol»ation of the conduct ot'
the Hudson's IJay Company in multiplying and pushing their posts far
to th(! south of the Columbia, and said I trusteil that the government
would uot allow itself to be. embarrassed by this circumstaiK'O. Fair
warning ha<l been giveu to the (.'omiiany in ISIS, that no setthMuents
after that dat«' should lucjudiee the rights (»f eitiier party. He said he
did not consider the existence of th<»se settlements as a veiy serious
matter, but the navigation of the C(»luud)ia was a serious one. * * '
KDWAKI) K,Vi:ifl<:TT.
A. V. Uvsmu. Ks(|., fi'.jj
ISecntari/ <>/ Stati;
[Iiicliisiiic 15 t(i llic ahcivc, I
Mr. Ercrrtt to Lord Ahcnlreit.
rPrivntc]
i
b! CiKosVKNHU I'l.ACK, Xorrnihcr 'AH, 1S4;{.
Mf. K«..n... ,.r,.. '^Iv Df.aij LuiM) AnKin)i'j;\: The proposition relative to
ZZrTdZ^ll'n. ii l>'>»'f within the straits of Fuca and an adjacent tract of
'"'""•' country was made by .Mr. Huskissou and .Mr. .Vddiugton tu
jiil'l Mr. (lallatiu. on the 1st December, ISi'i;, and will *bc found re-
corded in the protocol of the third confeience, which was held on
that day.
It appears t'roiu Mr. (Jallatiu's cfu'respondence that at a former con
ferenct- Mr. Iluskisson had especially oltjecled to the cxtiMision of the
Ibrty ninth degree to the Pacific, on the ground that it would cut off the
southern extremity of <j>uailra and \'aiu'<»uver's Island.
My suggestion yesterday woidd ol)viate this object ion. 1 ought, how
ever, to repeat, in thus alluding to that suggestion in writing, that
tiiough it wtudd have been within my competfuce to prctpose it, (.siibjcrt
to the ai)probation of my (loverunu'ut,) had thf negotiation remained in
my hamls. it would have been so only undi-i' the general aufhoiityte
propose and receixc terms of rompnunise. The suggestion itself is not
si»eciiically alluded to in my instructions.
A glaiu'c at the map shows its importance as a nu»dilication of the
forty-iMiith degree, and 1 should be tiuly rejoned if, in r<'gardiug it ni
that light, your hudship wouhl permit it to bccomu the basis of a final
settlement of this serious dilticulfv.
The 1:ai!1. (•] .\ni;i;i>l'.J'.N. dr.. (l-i
KDW AKl) K\ .TnyiT,
MILMOR
1 tllilt tllCV
)\v to t'acil-
niiKhiry.
rlio n'snlt
:li(' present
scriMlitahlf
jg to ii;jfrei'
♦
i conduct of
r jiosts fill
■ovcrnineiit
iiico. Fair
-ietthMuents
He .said lie
eiy serious
e. "^ * * *
JO, 184:5.
I relative to
'lit tract ot
l(liiij;tou tti
loiiiid re-
Aas held on
|ti>riiu'r eon-
hJoii of the
It eiitolf thf
jm^iht, ho\\
Iritiii.u. tli;it
it, (Mlh/jeet
|-eiiiaiiied in
jiilhority te
Itself is not
litioii of the
lirdiii^' it in
s of a liii;i'
;i">TT
Sir:
The priii('ii)le o
lAL
OF
Till-:
rXITKI)
STATKS-
— AI'l'KNDIX.
33
Xo.
20.
. Errrcft t
M)
. X<
I. son.
London, April
1,
ISlt. !
#
*
* #
•
f rumiiii"' the
forty
iiiiit
hde
"■ree
ttf latitiidi^
<t of tiie Jloek
I...r.l ,M..T.|..M, r..n
'Ml'. I' \hr ill-i il-.-!
^ to the sea and leaviii;,;' to eaeli parry west oi tlie JcoelvV
l^klouiitaiiis the eontiiiuatioii ol its territory east was in all
*f other respects the most iiatural ami e(|uital)le basis of settlement.
I had on previous occasions ])ursued siil>staiitia!ly tliis line of aryii-
-Imentwith Lord Aberdeen, and I received from iiiin now the same answer
■•to it as foi'iiierly, viz, that (Ireat P.ritain could not now accept terms
::whieh she had distinctly refused before; that he felt that we were under
l^the same necessity; that he did not expe(;t the fnited States to afjree
[to what they had already rejected ; and that conse(pnMitly it must, lie
thought, be assumed as the i)asis (»f negotiation that simiething
ir23] must be yielde<l on each side. To*this I replied, that thoiij^h as
a .uenera! priiicii»h^ of ne;;otiation under such circumstances this
^ini;;lit be admitted, it was impossilile to leave out of view the substan-
tial character of the former propositions on either side; and that in
Iproportion as he (Lord AI)erdeei') should, on reconsideriii;^' the subject,
|be iiK-lined to think that the olfer formerly made by the Tnited States
to continue the forty-ninth parallel to the sea was an equitable otter,
and one founded on natural and reasonable princii)les of adjustment, he
outiiit to l>e satisfied with but a motlerate departure from that proposal;
l»articularly if such a mo<lilicatiiui, without involving a jjfreat sacriticc to
us, were eminently advanta^ieous to them. In fact such a modifnration
was the only one which the United States coiihl, in my opinion, be
bioii^'ht toa;;ree to. The modification which I had formerly sn^^csted,
I viz, that the Tiiited States would waive their claim to the southern
I extremity of (Jiiadra and Vancouver's island, which would be cut olf by
;|tlie forty-ninth degree of latitmle, was precisely of this kind.
# It could be of no great imj)ortance to us to hoh' the southern ex-
■^ tremity of an island of which the main i)ortion belonged to lOiighind'
;| while the entire possession of the island, and conse<pu'ntly the free
1 entrance of the Straits of l-'uca, wonld be a very important obje(!t to
I Great Britain. I repeated what I had often oi)served before, that I had
no authority to say that this nioditication would be agreed to by the
United States, but that I thought it might.
Ijiird Al)erdeen did not <;ommit himself on the point, whether or not
jthis ])roposal, if nnide by the (loverninent ot the United States, would
he accepted. He however stated (as 1 undeistood him) that he had
jcansed a map to be (colored as I suggested; that lu was <lesirous to go
as far as possible for the sake of settling the controversy ; that Mr.
il'akeiiham's original instructions were drawn up in this spirit; and that
jsinct' he left home, lie (Lord Aberdeen) ha<i enlarged his discretionary
h)owers. I confess from thes«' facts, viz, that Lord Aberdeen does not
[expect us to agree to the (Columbia as the boundary, not even with the
jjiddition of INnt Discovery and an adjacent tract of country within the
[Straits of Fiica (which we refused in \H'2Vt,) that he has never negatived
[the idea of the forty uini!« degree with the suggested nioditication; that
he has unitV/nnly saiu tliat he did not think therl^ would be great
[l-I] dilliculty ill settling the question, and this although I* have ax
uiiiforiiily assured Liiu that, iu luy opinion, the L'nited States
;jd
34
nouthwj:st water mocxdary arhitration.
wr K>. r.t woiiM not stoj) short ol" tlu' VMU (U'^ioc cxi'cpt in tlic point
tir'i'am 'i'l'i .'.',T,'I above stated ; I draw tlie inference Unit tliis i»r(»|>()Sid woultl
riM''!!'M,'I,.',-.,r '•'.'' ill tlM' last res(»rt lie aeeejited. I am satisticd that the niin-
"'-■'""" istry sincerely wish to settle the controversy, and are williiii;
to ft'o as far as their views of consistency and the national honor will
pernnt to ell'cct that ohjeet.
They do not, thei'cfore, I inniyine, niin-h reyiet the a;iitation of tin'
subject in the I'nited States, and are willinj;' we slntnld advance a claim
to the r»l ' 10'; snch a c()uise on oni' jtart will make it easier foi theni
to ag'ce t(» stop at lit' . ' * :» » .
HDWAIM) KVKRKTT.
John Xki.s(»n, I]s(|.,
Svfi-<t<irii <>/ Stulr ml iiifi'iini.
I'J
gin.
..I Ml. "n
No. I'l.
Extrnct of (t liclrrr ihllrrrcd hi/ Vr, Will lam iStnrfiis hrj'on' flic MirviDdilt
l/thrnnj AssociiiliiHt of Hostoii, ■fitnii'irji LIL'. 1>^I.">.
♦ * * I (U'cm it \('ry desirable that the (juestion ot' b(iundar\
should Ite speedily adjusted, an<l that the limits and the
rijihts of each party be s(( clearly established and delined
as to ]»i<'vent all <lan}ier of collision hereafter.
In this opiiMon I doubt not that the distin^iiiished statesmen, Messrs.
I'akenham and <'alh(»un, who now have char<:e of the n<'^dtiation, will
cordially concur ; and it seems to aie tlnit each party will ;. ain their
object, and Justi<'e be done to both, by a<loptin<;' as the boundary a <'on
tinuatioii of the parallel of -UK' across the JNtcky ^Mountains, to tide
"water, say to the middle of the (lulf <d" (leorjiia; thence by tin
northernmost inivi;^'ab|e passa;^-e(not northof 10 )totheStraitsof .luandf
I'uca, and down the ndihlle of tho.s** straits to the I'acitic Ocean; the inivi
j;ation of the (Julf <»f (leor<,iia and the Straits of Juan de I^'ucii to be for
«'ver tree to both l)al•tie^ — all the islands an«l othei" territory lyini; soutii
and east of this line to belong to tlu^ Ijiiited States, an<l all north and west
to (Ireat lUitain. J>y this arran^iCiuent we should yield toCJre.r
|l'oJ *J'.ritain the i>ortion of (^Juadra and \'ancouver's lslan<l that \\v<
south of latitude il» ', which, in a territorial i>oint of view, is ei
too little importance to <leservc a moment's consideration ; and both
j)arties wouhl secure, for a consi<lerable extent, ii welldetined mituriil
Ixuindary, about which there could herealter be no doubt or dispute.
\Vill Cir< at JJritain accede to this J 1 think she will. Up to the close
of the last negotiation, in ISL'7, the free inivigation of the Colundiia
was declared to be indispensable to (Ireat Uritain, by the ilritish com
missioners; but subsequent developnuMits will probably ren 'er thf
British less pertinacious up(ui this point. The "'sumnniry"' i)resented hy
the commissioners in LS27 shows that tlie Columbia was then supposetl
to be tho most convenient, in fact the oidy, navij^able ehanmd of (rom
nmnication betwcoii the ocean and inf»st of the niimerous establish
ments of the Hudson liay ConipuTiy, west of the Kocky Mountains.
Within a few years past, however, .several rivers of considerable majf-
nitude have been expl(>red from tlie interior to the seas into which they
empty, luuth of latitude 1!>''. These are '* Frazer's Kivcr," which dis
euibojjiies about that parallel; the river called by Ilarnioii the " Nacli-
if
J
\"i
MK.MOKTAI. OF TIIK IMTi:!) STATKS AITKNDIX.
35
ill tlic poitit
pOSill NVOllltl
lilt llu' mill-
I arc willing
ll(HI(»I' Mill
itidii of tilt'
iiicc ;i claiiii
cr for tlu'iii
* '
rHuiriT.
«
iiotfataiii." in iil»oiit tlic laliliuli' ."»■!''; "Simpson's IJivcr," a little noith
of latitadc "m^ ; iiml " Stickfiic IJivcr." in .">.">- oO', All tlicsf would Im
witliiii lilt' Ui'ili-^li t«'iritoi\. oi' arc so situated that tlif l!iitis|i, hy tlicir
coiivciitioii with Iliissia, would havi'thc riyht of iia\i.L;atiii;^- t Im'Iii : and
tht'V wtaild atlord convciiiriit coiiiiininicat ion with most of their estah-
lisliiiieiits north of l!> ; and if this ailjnstmeiit should he made they
Avould retain none south of that line. 1 should lie rt-luetant to eedc; to
(ireat IWitain the free navi.u'ation of the Coiiimliia, for there are seri(»us
olijeetions to ji'iv inu' to any nat ion the unlimiteil ii;i'ht of iisiiina stream
wiu'ic it tlows wholly throu;.;h the territories of allot her. I'or olivioiis
reasons the exereise of such a ri;;ht must eiidan;.;'''' ''n- hariiioiiy and
jicae*' ot' the parties; and, espe<'ially at siieh a remote point, woiihl he
a friiitfal cause of ,iealou--y, and xcry likel\ to oceisinii collision. I'.iit
(ireat lliitaiii will not relim|uish the ri;;lit to t le tree navi;iat ion and
use ot" the St liis of Jtiaii de l'"uca, if she retains the territ«uy north of
}!» . The use of these straits would, in fact, he in<lispeiisalile to her,
tor through them is the only c(Uiveiiieni aeitess to a eoiisiderahle jxir-
tion of thi< territf'iy. **#*»*
(■ Mo en II til;
>t' hoiindarv
its and the
and detiiMMl
lien, Mes.srs.
)tiati(Ui, will
;. ain tlieii
idary a con-
ins, to tide
nee l»y tin-
tsof .Inandt'
n: the na\i
ra to be for
lyinj; south
til and wes!
eld to (Irea
ml that lies
view, is el
I ; ami botli
lU'il natural
or dispute,
to the close
ic Colmnlii;!
>iitisli com
icii Icr tlic
resented by
■n supposotl
iiicl of <'<)II1-
< establisli-
JNIouii tains,
ruble nKifj-
which tlit'V
' which dis
the *' Nacli-
[L'O!
'N.
Mr. Knittf to Mr. CaHioim.
k-. Ihit 111- lili.-
4>i . .iMik'iTp.l
-" :n to gni' 111"
V*h'»l.' m \ :(lli'iiUVt'
.1
LoNDiiN. lu hrii'dif _'S, jSl,").
I have anticipatetl in .some de;,'ree another i»oiiit to which Lord .\bei
deeu has ^jivei'i jiicat i»romineiice in all our conversatiims, „, y,, ,.,,.,
\]/.. the entire impossibility that laijiland should accept
terms which she has alieady refused. I do not think I can
he mistaken in sayiii;;' that, unless it comes in the form of ti'iyhT.''M'iM'r'p»r.y
an award, she will never a,t;ree tt» the naked ]U'oposition of •!! ••"•■'
the forty-ninth de;;ree. I liave, however, a pretty eontideiit belief that
she would accept that line with the modilicatioii alluded to in my dis-
))atches above mentioned, vi/. the southern extremity of (^)uadra and
\aiic(Ui\ei's Island, th(Ui;;li cut oil' by the fortyiiinth parallel, to be
theirs. Lord Aberdeen lias iie\er told me they would a;;ree to this ;
lint 1 am still of tlu' opinion expressed in my former dispatches, and for
the reasons therein stated, that they would do so, and I am conlideiit
that tills i.s the best Ixuindary which we can j^ct by ne;;otiation. The
concession of the southern end of the island, while of little im|n)itanee
to us. Would be a ;;reat boon to them, as j,dvin;i' them a passa^^c llirou<^ii
the Straits of Fuca: and on the .ground of this advantaj;e, 1 am of
opinion that tln'y would consider themselves justilied in ai'cedin^' in
other respects to the forty-ninth de;;ree ; but if the expectation pre-
vails that they can be le<l by ne.i^otiation to a<i:ree to a boundary which
we sliouhl re;,Mrd as more fav*»rable than this, I am contldent that ex-
pectati(m will jirove delusi\ e. At the same time I have spared no pain.s
to iiiijuess upon Lord Aberdeen's mind tin* i)ersuasion that the utmost
wliicii the I'liited Stat«'s can conce<le is the fortyiiintli parallel with the
modilicatioii sn^jf^ested, takin;jf caii^ always toatld that I had no author-
ity for savinj^ that even that nioditlcation woiihl be agreed to. » • #
KDWAJJD KVKIiETT.
.John C. Caliioin, E.sq.,
iSi'crctary of 8t 'U'.
\r^
3G NORTH WKST WAThU I5(HM)AUY ARIUTUATION.
|i'7| Ni.. L';5.
Mr. IJtrrttt to Mr, ('(tUioitn.
li<iM)(».\, Miirrh 7, 1SI."».
SlK: * * * * * * *
I took :iii o|))»(ii'tU!iit.\ a lew days siiic' to cxiilaiii to the ('iniit*' ilc St.
Aiilairt", tilt' I'lt'iicii niiltassador, at, his i«'t|iU'.st, tin; iiiciitsol' tin* claiiii
of till' L'liitcd States, and tlir prcsi'iit state of tlic controvcrsv. I liavf
since done tin* same tliinn in <'(»n\ cisation with the Chevalier Jlinisen.
tlie Prussian niiiii>ter, who. at my leeoinmendation, has maue idinseit'
ae«inaiMted witii .Mr. (Ireenliow's work.
A (hiy or twosinee I iiad a ;,foo(i deal of conversation with I.ord Ash-
Iturtonon the<>eneral <|Uestion. Knowin;;; tliat he is liahitnally consult-
ed hy the 4io\ crnnient on American sulijects, I tliou;>ht it
l.""l A.I ,1... . • . , t • 1 • • I -..I
tiuhk- ih-,. «,ii I... ()t some importance to encU'avor to impress his mind with
II. n.nun, to .„. :„i- llic rcasoiia I Mciiess ot the American pri'tensioiis. Jlavinj,'
done this, 1 stated to him my conlident opinion that tlic
(lovornmeiit of the I'liited States would never accept a boundary mate-
rially less favorable than the forty ninth dejjree of latitude. Jle said he
4lid Mot think there would be much ditliculty in coming to an adjustment,
un'.oss steps were taken on our side w hich wore the appearance of deti-
an/e and meiia(M>. Any sm;h step would i>ut it out of the power of I'^ng-
land, as a similar step on her part would put it out of the power of the
LTiiited States, to coinpr»)mis(' on any terms. I attach the greater im-
portance to the.se remarks, bei;au.se Lord Ashburton lias lately conferreil
with Lord Aberdeen on the subject. # ♦ * # «
KDWAKI) HVLltiyiT.
John C. Caliku n, Ksq,,
tSirn-tary of IState.
!L'!»i
No. L'L
Mr. Krtirtt to Mr. CaUioim.
I Ciiiiriilt'iitial.]
London, .-lj»// li, 184.">.
A i»er.son very lii^h in the eonlidi'iici' of the government, but not
belongiiig to it, iiilbrmetl me a ihiy or two since
pi i..'t r.v"'i;- 1 '!.',"!; 1 28] that he con*sidered the view of the Uregoiique.stioii
.,m'Mr'y'w"r...'r'!,'mi 1 atcly (Icl i vcicd on the subject in Jioston by Mr. Wil-
liam Stiirgis asta'rand candid.
I niultil.
KI)WAin> KVKKKTT.
.loiiN (.'. Cm. HOI N, Ks(|.,
Stvrt'tary of Stote.
MKMOKIAL or Tin: IMTIin STATKS AI'I'KNDIX.
ol
No. 2:
IS 15.
iti' <lt' St.
tilt' I'iiiiiii
, 1 hiivc
I' llimst'ii,
ic liimsjelf
Lord Ash-
y consult-
liou^ht it
niixl with
JIavinj,'
that tlic
hny mat*'-
lie saidht'
Ijiistnient.
cc of deii-
er of Vluii-
weiof.thi.'
roator iin-
cDiifiMied
* •*
:ui<:tt.
I
fjord Ashhiiiion to Mr. Sfurijis.
London, April L*, l.S4"».
Sfk: Vtmr Icf'tmc on the Orejjon (|nestioM reached nie hist week, and
as the sultject itself interests ine, and still more so everythinfjconnecteil
with the Kiaintenanee of peace and frieinlly in'erconrse between our
countries, I lost no time in reading' it. I he^' you will acee^it my very
Itest thaidis for your oblisins" attention. Vonr treatise ena- ,.„„, A,M,.,r,.,n
l>les me every day to answer satisfactorily the f|uestion put ;T,[;M..V:;/!h:'',:,';
to nie so often, where is the Ore^^on and what is this dispute " ""••"•''•
about .' Vou have stated the case distinctly in a few pa.^cs, and what is
indeed uncommon, you have stated it with j;reat impartiality. Your
leaning' is perhaps to the side of the American argument ; but if those
wlio have to settle the subject by negotiation treat it with the same
fairness and camlor you have done, there can be no (hmj^'er of its lead-
in;j: to c()nse(|uences which all honest men wouhl deprecate. I have per-
sonally a hijih opinion of the future destinies of that portion of the coast
of the Pacilic. The Xorthern I'ac.-ilic Ocean, ami in the course of time
]ui)baltly the eastern shores of Asia, will lind their masters in the country
north of California. Ibit 1 have a very low oi)inion of any interest
either your country or mine are likely to have in any division of the ter-
ritory. I'r(»m the monuMit it becomes of any real importance, it will not
l)c. and should not be, governed IVom either Washin^iton or from We»it-
miiistcr. Vou do not, uv should not want land, and we certainly do not
want colonies, and least of all such as would beunmana;^eablefrom
JL'!i; tlicir distance, and only serve to (Mul)roil us with our *nei;ihbors.
1 am iu)t without a wish that this new Pacillc, repul)lic sli<»uld Ite
founded by our own race, which witli all their <lefe(.'ts, are likely to
spread the Itesf desci'ipti<Mi of Christian civili/,ati(»n : but to say the
tiiith, 1 care little whether this bedone tVom Old Mnniand directly, ov
iMteiiiieiliately thi'ou.u'h Xew ICu.niaud. What I <lo care about is that W(^
sli(»uM not (luarrel al>out this oraiiy other measure, and I really Iteiieve
tliatwesliould all be better i»y leaving- this ([iii'stio;i to sii'cp a;^Miu I'or
another half century.
b'epeatin^i' my thanks for your obli^inj,' a; lention. I Iia\i' the lioniu- to
be, sir. vour verv obedient.
ASlllUllTON.
The lion. W'm. .Si'CiJiii.^.
i r.
r
L', ISlo.
but n(>t
fwo siui'c
(piestion
Mr. Wil
;ui:tt.
No. L'*;.
*
Mr. J!itf(.< to Mr. Stiir(/is.
, f Strirlly (•(iiirnlriiiial. ]
London, ^fay 1, ISI.'*.
Mv 1>I",AU Sii;: I wrote von some weeks since to thaidc vou for the
I I AI..T.i.-.-u
lirniiiMllirf, ^Ir. <\UT'
ti-*'* I' iriiptil.-l I'l-.if
pamphlets you were so kind as to semi m«.' on the Oregtui
t|uesti(»n. .Since the <late of my letter the few (copies of your
aildi'ess sent over have circulated pretty rapidly, and have
heeu read by all the ministers. 1 have no doubt. 1 now inclose you an
article cut from the I^\aminer of last week. It was written by my frieiul
Senior, the political economist, as you will see, with your paper before
38
NOirniWKST WATKR IKHNDARV AIJIUTK'ATION.
Iiiiii. Hr sliowcd it to iiic hclorc it was piintcd, as lio fn-quciillv ^l<)(■^i
his arficlt's \\)V ri'\ lows, (I suppose^ lor tlic jHiiposr (if <;cttiii.y a coiiiiiioii
sriisc opinion,) and I advised liini to send it to Lo'd AImmiUmmi, uitli a
iu>ti> to say, if lie found an.vtliiii;;' amiss in it lliat it slionld not 1m' piih-
lislu'd. liOi'd Alx'i'dccn answcicd that it was all ri;;ht, ('xccjit an unini
]»oitant omission in n';;ai'd to tho n('j;(»tiations of lSls_'li». A I'rw (hi.v.<i
since Lord Alicrdet'ii, amon^' others, dined with Mr. \'an der NN'eyer.
Alter dinner Lord Alterch-en ( ame to me, anil talkinj:' on various
|30| matters, j^ot to Anu'riea antl the ( )re;;()n *tpU'stion. I carefully
avoide<l leading;' the couNcisation, but he seenu'd desirous to tallx
Oreji'on. The sum of what he said was this : hei.'omitlinuMiled your ]>apei
as a (riear and sensible view of the matter; that the declaration [of J the
I'resident required to be met by a declaration of somi^ sort IVoni this
•government: that what had been said he hoped would be taken in the
sense it was j-iNcn as meanin<;- simply that the llritish .i;oveiiMnent d(i
m>t admit that the I'niled States ha\e a ri^ht to the whole of ()re;;on.
I told him that the declaration of the I'resident appeared to have ex-
cited veiy little attentiini in the I'nited Stat«'s. lie scenu'd anxious in
impress on my mind that tliis countiy was disposed for peace and an
amicable settlement of tlu' (juestion. '* * * * *
.lOSlIL'A iJATlvS.
The Hon. W.M. yri ucJis.
J'j0t)'<ttt f'rotU «n artivir In/ Mr. —
A'o. I!ii;5. ,'<atiir(l((i/, April '2V>, \>^
Senior, !n the \T,ouih>ii\ K.nimincy.
^' li' arbitration be unobtainable, the only mode of accommodation is
nuilual con(!ession : and the terms which we su^'i-csl for
Til. o„lv,.-;,l.l„:., ... ^ , ' . . 1 • 1 •!• 1 -i
.,1 tiw iir.u.h r.M, that mutual concession are those which, ii we w«'re arlutra-
tors, we should award, mimely, that the boundary should W
the forty-ninth parallel until it nu'ets the i'acilic, and then the sea. Oin
only real claim rests on conti<jfuity,and this wouhl .nivo us more than men:
oonti'-uity entitles us to. This would ;;ive us the whole of N'ancouver's
IshuuU and it would <;ive us an abmulance of p)od harbors. It wouhl
also s'ive us the (Miuntry which is best for the purposes for which we use
it, the fur trade. * * Whatever be Lord Aberdeen's policy, tln^
Opposition will, we trust, not add to its dillieulties. * # * \\\.
trust that thii I-^nylish nej-otiators will not deny every principle of law.
how* ver sa<!red, which they find opposed to them, and every tact, how-
ever notorious, that nuikes aiiainst them."'
■ m
|;iij
*N
o. J<,
Xarrafirr of tin I'niftd States i.rplornui ixpiilltion thirUuj the i/riir,s l.S.^S,
1S;J!>, ISJO, isll, ISIJ, /,(/ Clnirlrs Wilkrs, I'. S. .V., n>mm,nuhr of tin
i.riK'dltlon, in lire rohniie.s anil an ((tla.s: I'hihvlflphia, \^\~k
I N'lii.rMi. i\ , (11 \i'i i.i; \i\ , 1~ 11, I'.vi.i: I- 1. J
'*A lar^e boat expedition was also fitted out, of which I took charp
w.ik-.. -nrvv- '" P''"'"**'"- ^" prtx'ced across tlu^ Straits of the I'uca, tocroiii
'■ I .leii ".'.'.'■' .i,;!v j)lete the snr\'ey of the Canal de Ari'o, with the adja<*ciit
bay.s and harbors, and thence to the mouth of FrastiV
rl\er. *#####
MKMORIAL OF Till; rMTKI) STATKS AIM'KNDIX.
39
luoiitly <l()('!s
: a coiiiiiiDii
Um'Ii, uilli ii
not Im> pill)
lit nil iiuiiii
A It'W «lii.v>
(Icr W'ryci.
;• on various
I carefully
rolls to talk
I your ])a|»fi
[ion [oij tlic
t IVoiii tlii>
taUc-ii ill till'
•('iiinu'iit <1<>
' ol' ( )r(';;'oii.
to lia\«.' ex-
I anxious Id
I'ac'c ami an
» *
1 J ATI: 8.
?].r(()HlnC)\
iiiiodation i>
su^^ycst t'nl
vie arbitra-
y shouUl 1m'
(i sea. Our
than nieio
Vancouvrr's
. It would
liich we use
policv, till'
*■ ■ \\v
•iple of law,
\ tact, how-
i/ciii.s l.'^.''.S,
lOtdfr III' till
took cliarp
Ilea, to eoiii-
lie adjacent
of Krasor'"
'*()n tlie luoruiufif of the -•">tli .)ul,\, isu. tin- iuinpaiteil company, ami
ill the MUeriiooii I set out, with se\cu iioats, (o cross ilic strait. * *
'•On the -iltli wi- lM';;an the survey ol this labyrinth ot islands, which
' -was coiitiiiiicd the next day, liTth. * » #
''On the I'Sth the duties of our suivcmus were aj^aiu lesnmcd, and a
liiiish iiiadc of llio>e of the Canal de Aitd. This was etlecled llirou<;h
the stii'iiuous exertions of both ollieers and nieii. and the same nijihl \vc
I'cachcd the \'iiiceniies. * * * We had coiniili'tctl all that was
{ essential for the navigation ol the ('anal de Alio." * * •
No. I'S.
Mr. liiirludidii til Mi\ I'lthvnhnm.
LIMiact. J
Dl'.l'AU 1 Ml'.M t»l' Sl'A IK,
WiisJilmjIons-hily I J, bSb").
* * * He (ihe I'resideiil; has, therefore, instructed the uuder-
siuned auain to jiropose to the .i;o\ ci iiaicnt of (ir<'at ibitain „r nu.h..ni.n ..i-
that the Orcjiou Territorv >hall 1m> divided between the two :,;;i/';;:J''p..rt'/"J
countries by the forty-ninth parallel of north latitude, from *""""■'•
the IJocky Mountains to the Pacifu! Ocean; olferiii;;' at the same
[."i2J time to make *free to (Ireat liritaiii, any port or ports on V^incoii-
ver'.s Jslaiid. south of this parallel, which the Hritisli government
iiiav desire. * # * # * # #
.lAMKS 15l'CllANA\.
l{t. Hon. K. rAicilMlAM, dr., dv., ilv.
N
o. _
'!>.
Mr. l\il,riilt(im to Mr. Iiiii-li<nt(i)i.
IKxt
r.ici.
WASIllMiloN, ./idi/ L'!», ISI.li.
Mr PjiVcnltnm kp-
r. lllTf iKltlU'l*!!
* * * The niidersi,uiied, therefore, trusts that the Aiiioricaii
phMiipotentiary will be juepared to olfcr some further ]>r()-
posal lor the settlement of the Ore;;«in quesl ion more »'on- ^'y\
.sistont with fairness and equity, and with the reasonable
cxpt'ctations of the liiitish jioNcriiment, as deliiied in the statement
maikeil I), which the uiidersij;ned had the honor jto present to the
American ]denipotentiary at the early jtarl of the present ne;;-otiatio
iloll. -IaMK."^ Bl (IIANAN, ill'., dc, lie,
]{. i'aki:mia.m,,
rsi
40
NOKTIIWJi.ST WATKU UolNDAHV AIMUTKATIO.V.
No. Ml
Mf. Ilitchdituii to Mr. Vul^vnham.
[Kxtiiict. I
I)i;paiii'mi:nt of Statk,
Wtisliinnton, Auiiust .'H>, ISjri.
• * Siicli ii i>n>|M)sitioii ii'^ that which has Itcfti made ih'V(M- woiihl
>ir.iiM,i.,i..M,>ii,. havt'i iu'cii atithorizoti hy tlic I'lcsi^lciit hud tliis hi'i'ii anew
''"'""" "' «|ii('sti(»ii.
Upon his ac(M'ssioii to ollicc lie loiiiid th«' pn'sciit. iH'j,'otiatioii p«'n(liii;L..
It had liccii iiistitntrd in the spirit and npou th<> piinciplt^ ol° conip.-o-
iiiisc. Its ol»j«'»'t, as avowed by tlir n«'};otiators, was not to di'inand tiic
whoU' tciritory in dispntc tor cithoi- (tonntry ; hut, in thrlanj^iia^e ot
the tiist jiiotofol, " to tivat of the ivspcctiv*' (ihiinis of the two
[ouj conntiit's to the Oicycni territory, with a view to *«'stabhsh a
pt'iinancnt l>onn<laiy bt'twccn thcni westward of the Ivocky
3I(»nntains to th«' Paeilie Oci-ini."
IMaeed in this positi(»n, and eonsidci in;;' tliat Presidents Monioc ami
Adams had, on formei- occasions, oll'cred to divide tin* territory in dis-
pute by tlic Ibrty-ninth parallel (»f latitude, he felt it his duty not at
once abruptly to arrest the ne;;<>tiation. bnt so far toyield his own opinion
.asonc*^ more to make a similar offer.
Mot only respect Ibr the condiiet of his predecessors, but u sincere
and anxious desire to promote peace and harnnmy between the two
<'ountries, intlin-nced liim lo pursue this course. The ()rej,'on qiu'stion
presents the oidy intt-rveiiin;;' cloud which ndercepts the prospect of a
ionjj career of mutual frien<lship and beiu'llcial conuiiercc^ between tin-
two nations, and this cloud he<lesired t(» icniovc.
These are the reasons which actuated the l*rc>ident to oftV-r a [uopo-
.sition so liberal to (Ireat Britain.
^\nd how has this prttp(Kition been receiNcd I»> the I'.ritish pleiupo
tentiary .' It has been jcjecled witlioiit even a inference to his own ^^ov-
ernment. Xay, im>re: the Uritish plenipotentiary, to use his own lan-
guajiic, "trusts thai the American plenipotentiary wdl be prepared to
otfer sonu' further proposal tor the settlenu'Ut of the (>re;;(»n (pU'stion,
more c(Uisistent with fairness and iMpiity, and with the reasonai)le e\-
pe<'tations of the I'.rilish ;;o\ernnH'nt."
I'nder such i-ircumstances, the undersi^^ned is iuNtructed by the I'res-
ident to say that he owes it to his own eouulry, and a just ap|>reciation
of her title to the Oi'ei^'on territory, to ^vitlldraw ihe jiroposition to the
liritish f^overnmeid which had been made uudei- his direetiim ; anil it is
hereby accordin.uiy withdrawn.
In takinj;' this necessary step, the ri'csident still cherishes the hope
that this lon,u' pending controversy nniy yet be tinally adjusted in such
a manner as not to distuib tlM> peace or interrupt the liarmony now so
happily subsisting- between the two natimis.
I
the
whi
tic
bct^
An:
the
I
.ia:mi<:s uucuanan.
]{iffht ITon. IviciiAUi) IVVKHNiiA^r, dc, dr., dv,
MKMOKIVL Ol' Tin; J NITKK STATF.H — APPKNIUX.
t1
[341
M>, istr..
(ver woiihl
H'On il IK'U
II pciKliii;;.
)f coliip'.o-
I'liiaiKl tiic
iii;;na;;,'o of
il' tlio two
stiiblish a
lie Kdc'ky
[oni'ot' anil
ory ill <lis-
iity iii)t ar
wii opinion
t a sincere
Ml tin' two
n qneslioii
»speet of !i
t ween the
T a [»iopo-
di plenipo
< (twn ;;ov-
s own Ian-
'paretl to
(pu'stion,
Hiahle cx-
tlie Tres
►reeiatioli
ion to the
; and it is
th«^ h()])e
mI in snc'ii
iiy now HO
«
A NAN.
•Xo. .'U.
Mr. McImiu In Mr. Ilinlmnan.
London, (htolm- :'>, !•<».■».
►Sir: I received, on the L'Oth ultimo, yonr dispatch Xo. !►, dated tho
].".th Septeiiilier, iiansiiiittin;,' a <'opy of yonr hist note (.'intli
Aiij^ust, ISl.'o to Mr. Pakeiihain, rehitive to the Ore;;o
rpiestioii
l.nr.U
•f (ilrrfimi
On tliedas I'ollowin;; I was invited l>y I,ord Alterdeeii, in
lltf Arlirrti.tfi pn»|H>-
•ilMMi I'jr Mr PHkf'n
hxfti.
tht^ note hereto ap|ten(h'd, to an interxiew at his Iioiisc in Ar;.'yll stre<'t,
^vilich I jii'.iiited aec<M'din;,'iy. The oliject of tlie interview, as I had aii-
tieipate(l, relate<l exclusively to the posture in which the ne;rotiatioiis
lictweeii tlie two <»overninents had lieen phiced l>y yonr note ot" the .'!<>tli
AiiLiiist to Mr. I'akenhani, and the withdrawal of the pi-oposition which
the i'resiih'iil had previonsly directed.
Lord Alierdeeii in»t only laiuented Imt cens\ired the rejection of our
proposition l»y Mr. i'akeiihain. without referrin;^' it to his ;;overnment.
* * lie stated that if Mr. rakeiihain had conininnii-at«'d the
Aiiiericaii proposition to the ;;«>vernMient lieie, as he was e\pect»'d t«»
liave done. he. L(»i'd Alterdeeii, would have taken it np as the hasis of
his actio!:, and entertained little donlit that he wonld have heen enaliled
to pioposc iiiodifieations which ini;^ht iiltiniately have resulted in an ad-
[ jnstiiieiit iiiutnally satisfactory to l»oth ;,'overiiments. # • •
1 did not fail, however, to take the occasicm to press upon Lord AIkt-
deeii llie.nivat tlinienlties with which, in the present state of piddic sen-
tiiiM'iit in the Liiited Stat«'s, the President eoiiid concede even that
wliicli JH' had (lone in tin' position he had antliori/iMl. » • •
It \\as(|iiiteol»vioMs In ine that Lord Aherdeeii had become convinced
ill his own iniiid, thoiij;h in what way I do not pretend to conjectuic,
tliat the teiiiis which it was his intention ultimately to prt»pose or assent
to would lie aeccpied by the President, and that on this account he par-
tictilarly regretted the internipt ion in tli.* ne.;dtiatioli without atfoidiii^'
an opportniiitN Ibr that purpose.
*•*••♦•
LOT IS M. LANK.
Jloii. ,Iami;s ^l•(•I[A^^\^•,
Sicrcldn/ III' Shitt .
*X
o.
Mr. Mcljdit to Mr. Iti(rli((ii((n.
London, Ihrcmhir 1. 1S|."».
Siij : Althonjih it is well iiinlerstood here that in the present posture
of the ()re;i()n qiu'stioii my connection with it must be in a
jU'reat de;;ree informal, tlui Karl of Aiierdeen occasionallv »•■'!'• i...'v'' Jk'"
makes it a siiitject f)i conversation. ».ih.f i.i.,..,i !»*,.
At his re(|nest, I have r<'cently had an interview with him,
when he put in my hand, to read, two dispatches from .Mr. Pakenhain,
Olio in explanation of his reje<'tie:i without reference to his j;overnment
of the President's proposition ; the other (tontainin^i' a statement of hi.s
|Siib.se(pieiit attempts to induce yon to allow the President's i>ropositioti
•vr.
42
NOilTllWKST u VrilK UOrNHARV AlUHTKATKW.
1<» stiiiid lis (lie Icisis of ftirtltcr ncijotiiv Idji. or to luuc soino nssiii'iini'c
(jf tlic anssvcr wliicli a new jHt»t>osit.i(>i) iVuin tlic Hiitish ;j,(»V('iiiiiH'm
wonhl receive. # * * Tlie priin-ipiil ohjeclol' l.onl AhenleuM in
scekiii;.;' Ilie iiitt-rvirw, a]t]nMi'i'il tonic to Ix- to point out (lie eailjai'rass
lueiit in wliicii lie !.lioii,L;lit I he I'lcsidi-iit's m itiitir.nva! of his jn'oposili* ji
lia.(l [ilaced this fjoveiuineni. It was (Hiite evident, iiMleed lieexpiessly
.said, Ihat he was li-t i rcparcdto aecept the Picsich'iit's pioposilioii, hiii
de;-:red <»iily lo make il the '>asi> of fiirtju'r m';;"otiation and nioiiilird
]>ropositioiis from this <>'()veniment, wliich hr would lia\ e done, notwitli
staiidini;' tic- V('je<'iion of it In Mr. I'aKeiiiiaiii. if it had not Iiccii with
drawn l>y direction of the lM<'si(U'nt.
* '' * Alliiou.u'h 1 am (juif*' sure tlial tin- ICari of Alx-rdeei!
lias no idea at present <d' acce|>liiiL;' the coiiipromisc cDutained in the
President's ]coposition, it would not surprise me if an airan^i'cmeiii
niion that basis shouhl prove aeceptat>le to lnv^v and import :int classe>
in ihis eounti'v, indeed eoiiiplained of ]>i incipallv l>y the !lnd>oirs ilay
Cotii[>aiiy, ami those in iis interest.
Tiiat the ministry ueuld fiml it dillienll and h.i/.;irdous ;o prefer wai
to such a settlement may well be ima^^ined. a!tho(it;Ii yon niiiy assume it
to be certain that when v>ar becomes ine\ italile it will reeeive the un
divided siipperl of the IJritish people.
1 believe the j,overnmeiit and people here are tpiile pie}>aied for the
re assertion ii' tin- message of (lie. President's opinions expressed
[.■)0j in his iiiau.niiral address, and. perhaps, for a r<'eommendation *l)\
him to termiiiate the joint occupation in the manner jn'ovided by
the existing;' treaty.
And I also thiidc tliat ui less the recommendation in ihe message
should be such as lo discoiiray:c further ne;;of iatioii, and to manifest a
ilelcrmination lo insist ii)»on (tni- whole ri;vht, they would nol le;iil to
afiy iiunu'diate me isiircs iijioii the j tart of i ids /^-ovcrnmeiit. or mate rial 1\
U(l«l to the embarrassment iii which the ichitioiis between the two ceuii
tries ai>pear to iw af t»r('sent iiivol\cd. * * * * #
L()( I.S McL.VNK.
.).\Mi:S r.l ( ilAN AX. Msq..
Stcrrt'tri/ of Stair.
iccl
M
rcfi
M-
t;it(
will
%
jire
'■■'
Occi
and
<iio
coll:
liav
com
fiill\
Jiiiiii
V,otii
kiio\
<lisa
to .yi
iiiav
No. ;;;{.
Ml . i'-'ilrs til Mr. Sliin^is.
LMM)it\. /)((■' mill r \1. I SI.").
Sii? :***>•*
Our i-iltttioiis irilh tin I'ltUi.l SI<tt(s.— \\ nru I last wrote to yon eii
iiu.uni, n,yr..,„. this su))ject, I fjave yoil to miders!aiid that t he ne^ioMalinii^
mZ.''sTLXr','. ^^''i"*' J^oiii':' well, but I soon alter learned that there Inol bi .
ii.'ll. .7riM,« ..'i'«'« II hiieh at N\ ashinuton, ami a very awkward one it is, I
""""""*"""'"■ the Uri'ish ydvernmeiil must now make the tirst nio\'
and wJM'tlier they will make that mov*^ remains to be seen. <>!
thiii;.^' is consolatory, viz, Ihat after the piildicalioii of Mr. NVebst* i
speech here yesterday eonsoI^ improved. The .stock jobbers say lli
''the ll» 'IS about ri;xht. and Iheveeai; be no difllcuUy." That will bcthi
Loll
It
fniiii
Rll.HM)'
]iriipii
liitl ;i|
term-.
I I Intel'
Id lii> 1
lii'llii
III ihi
Uroii
I'llittM
10 liju
ii-riiw
m:;moi{Ial of thi: initkd states — ArM'KNi»ix,
43
i^ assiiraiicc
idvniiiix'iit
propositi! !i
I' «'xpi(>ssly
osition, hill
(I iiioililici!
10, not witli
!>»M'ii with
f Alirnh'iMi
iiicil ill tile
riiiii;i('iu('iit
hint ('liisst'>
idsoiTs ilav
It't'liii^s of nine tt.Mthsr;" .lie jM'oplf oldroat Uritiiin; but this has hocMi
I'l'l'iisfil l»y Si) many uiinistfi's prrvionsly, tlnit Loi<l Aberdeen may liosl-
tate; tlie western members of' <'on.!^ress will rail, and the merehant.s
^ Mill be k<'i)t in hot water another year. Tlu^ Hudson IJay Company
^^ j»revent a settlement, i haN<^ no doubt — thev !ni;,dit have twenty years'
oe'iipation an<l the ri^ht ot'pre emptitm to their lands under ei'liivation,
and to i'ecoiiie Anierieans or not at theevpiiation of the time, .s they may
( hitose. always eoiit'ormin.i;' to any laws the I'nitetl .States iiiay establish
lor the ji'oveninieiit of the t«'iritoiy. This, with the lit to tin.'
; l;!7l strait, uivin;;' N'aneonver's Island to (Ireai, lliitain, is *as mnch
4 as any Ann-riean, be In llostonian oi' Carolinian, will, I think,
■" eiiiiseiit to;;i\('np. Ifdreat nritain is not satislie.t with that, let them
liave war it' thev want it. ♦.!.♦»
,i<»sin'A r.ATios.
! I.I.I. W'l. SifK'iis.
piel'er war
y assume it
iv<' the nil
iired I'or \hc
IS expressed
ndatioii *l.\
|)rovided l>,v
lie niessaj^t'
I manilest ii
nni lead t''
I' materiali\
1(> two ('(Mill
• »
li LANK.
(• J. isi.-».
*
to yon <>!■
lie;;o'ialie|i-
le hiid be.
»ne it is. I
lirst mo. .
seen. O^
, Webst.i
rs say lli.''
\ will be tilt
No. r.l.
Mr. Mil.i'iic to Mr. lUn-hitiinn.
l,i>M)()N, FdiiiKirt/ -i, ISKJ,
Mi;
It will be peice'ved iVoiii the remaiks ol' Lord .b»hn l!n>sell. and Sir
J'oheii I'eel iiiiMc part ienlaiiy, that t he obsei\;, lions 1 haxc
lieretolore made oi' the elVeel npon pnblie opinion in this ,..„/,'•,. J. ',.','"'1',''
eonnliy of the {'resident's proposition for ('(mipjomise ar(i '"'"""'""«
fully eoiilirmed. and that the rejeelion of the ])ropositi(ni by ■SFr. Pakoii-
liain, without sendin«;' it to his i^ox einineiit, at least as the l>asis of ne-
gotiation, is stion;;ly disapprctved by b(»tli parties. 1 hasc reason to
know. also, that theic is an e\pe<'tation with all classes heic that this
di>approi)ation sh(»iild lia\i> its inllnenee in disposing oiir Cioveinment
lo;,M\ea I'avorableand ainiealde reception to any future overtures widch
may Ite made for resumini;" the negotiation. # ♦ ♦
On tin siihsetpieiit ni.uht, I'riday, the -.>d <if .laniiary, the subject was
HiiiUU introdiieed to the notice of I he House olCoinmons by
1111 II II II • 1 ' l.'r .| ,l<diri l(ii«*»>1l
iord •loliii liiissell,, lie .>aid ; , ,n.vr r.k.hi„iiii'.
r, \ 'I ti"H III Iti.'AllliT
Il Nviiiilil ,i|i|M;ir fliiil ji ipin|iiisi( iiiii r.ir ;i (•i>iii)>riiiiiisr liail lit'cii iniidc iU'i*' ' '''
tVoiii III!' I'lrsiilciil III ll'f .NLjrsI v's yiiMiiimi'iit. anil In- i l.unl .loliii
lill»rll > rii!ir(i\c(l tlint lliat |>l i>|>ii>il inll ll.ail iliaii;;ril t lie Niair of t III' ijilrHl iitn. Tlli^
|iiii|Ki>iiiiiii ItM'ir iiii;;iit 111' s,ii i'«l'arloi V nr iiiil >»il i->l'ai'liiiy ; Iml, liaviii;; lii'i'ii maili', il
iliil a|>|i('ar In him In ii'i|iiiii- a siadiinnt ('lum llio-ii- in anllioiilx in I lii-i I'lninl ry nf tliti
tiiiii-. ciii w I licit ilii'\ vMnilil 111' sal i> lit 1 1 III mI ill- t lii> i|iii's| inn, 'liial |l^l)|l(l'^il inn, Im
iiiiiIiIsIiiimI. 1 1 III imt lii'rn rn'rix n' liy ili'i Majivtv's ^ii\ iTniiniil . Inil 1 1,1 1 1 lici'ii ili'dari'tl
111 ill- wlinlly i nail III issililr liy tMinnini>'lrr in .Vini'iira. Ih 1 l.nni .Inliii Uns-i'll ' roiil'i'ssi'il
III' Uiiiii'^lil I ha I wa-a liasly |>rii( iliny tm tlii' part nl'lln' n'lni'si'nlal isr nl' llii .Ma.ji'f*ly
III llir I iiUril Stiiti's. Imt wliat In- « islicil tn a>k w a"., winl In r tin' iii'^;nliat oil's iiail
n riiuiimiu'cil OI' wiTi' ;'irni^ mi.
m
'Sir Ivob-'it I'ee! oliseiNcd :
(!a till' Milijii I III till (»ri'^iiii ti'iiitury, I have In .■^hife that .'i iiriip'tsal wii8
'nadti liy Mr. hinliaiian, with tlii' aiitlimiiv nf tin- I'li-xitlnit nf llii"
riiili'il Si.'iii'^, to Mr. I'ak.'iil
1 ll PlU'l
•itl'll
iki'iili.'im, ami iliat llii' |iro|i<).sal sn niailr sii;;- .iy< tim liir I'nifii
1 ilivi»i(iii id'ihr tiiulnrv. \\ Ih'IIht
ml thai |iiii|iiisal
iiijiht
i..>'ii
alil lit hntii
r.j-rrt'tl lit*. Aiiii'ri-
Il «..., •• r.i-rn'ti III.' ..iiii-Ti
10 liaM' Imtii acci'iili'il, 1 r iniml !»ay. Mi. I'aKi'iiliain lhiiii:ihl liialtln' 1 m ..n.r n. h . «..*
ii'tnii |irii|inMi'il \v<ii MO liuir iikriy to In- arii'iiialflr, that In- diil iml It'i'i
I
m
u
NORTIIW i:ST WATKIJ I'.OCN'DAnY AK'l'.ITK'ATIO:
fiiiiiHt'lf Uiiiiaiitnl ill fiaiisiiiittiiifj tlif i»i<>|mi.s!i1 to tlii^ i^ovci-iiiiicnt at lioiiif ; and, mi
Ni);iiil'\iii;i tliirt to Mr. liiicliiiiiai!. tlic lattt-v iiunifiliatfly ^^tatrd tlint tli<< itiniiosal was
withdrawii. Tliis is tin- siatf of ilic in';;otiatioii at iivsriit, so far as i am iiiforiiicd,
rcsitccliii;; till' proposal siilmiillcil liy Mr. Mintiiaiian. I liavi^ tin; lii^iicst oidiiion of
Mr. raki'iiliiiiii ; J liuvc tiic ;;ri'atfst rcs|MMi tor Ids lali'iits. and the y,riMtt'st, coiilidiMici-
in Ills jiid;,' lit : \i;t. I niiisi sa\, that it \sonld liavr tici-ii Ix-ttrr had h;- transmiiti d
that |)ro|iosal lo tin- hoiii<- ;rii\('riiiiu'iit lor tiicir coiisidi'iation. and if I'oiind in itsdi'
nnsatist'aclorv. it iiii;{ht iiossildv hav ■ roinitd tin' t'oundalioii lor a further iiroposal,
[IlcarlJ
W.- h
lave no lirsitatioii in .'Uiiioiiiii-iiiir one sincri't' dcsiri' for tin' intiTcsts of th
lIHMlt ii| 111. On
ijiir-titiii.
coiiiitry. for till- intficsts of tiio L'liitrd States, and for the intiTcsts nt
till! civilized world, in continiiin^ to strain every elfoit wliiidi is ci'ii-
Hiriteiit. with national honor for the piirpose of aiiiiealdy teriiiiiiatin^
those disputes. [Hear!] . . , ,
1 think it would lie the ^jreatest niisfortiiiie if a contest a'loiii the C)rei;on lietweeii
Iwo such powers as MiimIiiihI ;nid tlie I'liileil States could not. Iiy the exercise of mod-
eration and ;;oi)il sense, lie liiiiii.j;lit to a pcrt'citlv honor;! 1 lie and s.it ist'.eiorv eoncliisioii.
[Cheers. J
Altcf these oliscrviit ions. I uwi' it iiioif pnitiiMilarly to iiiysclf ti> st;ite
tliiil. lH'lit'\ ii|o rioiii tlic liistoiv of' our prt-vions iicootiiitioiis
its to till' Oii'ooii (|iicsti(iii tliat it may now he scttk'fl ii|>t.ii
the liasis of a coiiiiudiiiisi', aii<l, witii rclcrcii**!' to interests
wliieli have mown up dmino thi- Joint occupation of t!
Mr. M.l.ai..- I-
|ii.ct'>Oiiil tiM' llril.-h
■nvi-riiiitfltt Hill III
It'll Ih" llIK' nt «U
territory, williont a \iohition of any <lnl.\ which a |.iiltlic man owe.s to
tile riolit.s antl lionor of his foiini r,\ , I won hi not lie nnwiiiinn. taUin.u' tlie
President's proposition of the I'Jth .hiiy as a iiasis, to iir;;e a linal ad
jnsdiicnt of the <|neslio!i aceoidmo' to tliat proposition. luit eoncediii;;
to till' llndson Hay i 'ompany a continuance of tiie privileoes of joint oi
(Mipation. inehidino' tlie navi;:°ation of the ('ohiml>ia, for a period
[;»!»| of seven or ten years hinder; and I hope that *I may l»e aUowed
to add tlial I woidd lie willino to assume liie responsihility of as
senl.iiiy: to an adjnslim'iit l»y extending,' th<^ bcmnihiry to the J'aeitie hy
tlie forty iiinlh paraUel and the Strait of I-'iiea willi iVee ports to liotii
nal ions, or Iiy exleiidiim tlie free na\ ioat iiui of t lie t \)laiii!iia IJiver for
a ioiiuei period. pio\ iih'd similar ail\aiita;,fes npon liie ."Snint i.awreiicr
eonid tlieieli\' he secured lo the I'nited States.
I liejieve thai upon one of these ;;foiinds, p.-ili;i;»s up m eillicr. an
adjustment may I»e coiieliided. and I have a strono- ciMiviction that the
lirsi indicated is ; ,i(irely |tract ieahle.
I am, however, constrained at the same time |,» slate, I'l'om all th;it
has come lo tii\ knowh'.iiie liere, that I have n » re.isoii to believe that
laoie favoraltle leriiis than tliose I ha\e aliove ad.erted to would iindei'
any circumstances lie eoiisi-nted to l»y this oo\,.i-nnienf.
I.OllS .McL.KNf:
lion. ,1 VMK.s I'.l i-M WAN.
Siriilid!/ ill' St(tt>
lO, .i.l.
Kxti'<(ct from thf sjirr<'li ct' Mr. ('((Ilnnni, ui' Siiith ('<ir(ilimt. In flir S,ii(ifi\
MiUih 1(1, IS It;.
• • * ••'riiep.ist history of the alVair, the fa"t that it had
Th.- III,.. 1.1 «• I.,.- '"''"" lieipienll> olVered i)y us siihstaiilially as an nltimatiim.
"•'»'"•••'""••''''' ndaled to the fact that IIP was the boundary ,>u this side of
t!u» I'ocky Monntains, left no doiild on nty miinl that, if setlied byeotn-
promise, it inusL be on tli.it basi.s." • » # »
mi:m(>i;iai, or rm: i mti.k statks — Ari'i:M»ix.
45
K.ilntcl f'rom the spi'icJi of Mr. 1V< ^.s/cr, «/" ^fnn,s(lvhl(.sett.s, in fhr Siuate,
M'inii .;(». isio.
* * * I was not vory l';ir out when I took tlic ]ir(M'nution of
ndiiciiiff Avliiit I intt'iidcd to siu to wiitin^i. NVliat I said
was. (aiiu I pi'csiiiiHMi not to oictatc, <»r to siicaU as r.r cotli- n.i .,,-; mnumt
(•'//•(),) tliat in my Jnd.^nu'ni: pnUlic (»|iinion in both cMnidiics
iciidi'd to a nnion on tlic m'licral basis ol tlio i)i'o|>i>sal niado by this
("lovn-nincnt t(t tliat ut' !ji'4iand in isi'd. # * *
to] * # # *\Vliat I mean!, and what I said, was, that it' I!)"
shduhl be a^i'iced on as a /^i-ncial basis. I was satislicd ti» iif^fo-
liiitc about all liic rest. I5nt the ucntlcnian Irom Ohio ami the Scnato,
',vil! (h) mo tlu' Justice to allow tliat I said, as jdaiuly as I t'ould spi'ak
1.1 |iut down words in w litiiiii, that l-'ainland must nut r.ipt'rt (ini/tliiiiri
south of Jhrti/ninc (Ifijrcis. I sanl so in so man.\' woi'ds. ♦ *
Eftnict I'roni tlir thlxilt' on the Orriiitn (inrstion. in tlif Ifttiisi of' I'cprrsrnf
otircs. Filirnnri/ '.K ISKJ.
Mr. T. r.. KiNi; : * ' * •• I should like, with all it'S|M'ct and
ilili'ieiict' to tlu' learned and \enerable jientlenian Irom ,„,,„ ,,„,„,,
Miissa<-hu.setts, (Mr. Adams.) t(t ask whether, in his Jud;;- ^;I,.';,',';/';f,;,'.' U
iiicnt, our title to the entirety ol the Ore;;»»n territory is V';;;;.^",.:',',,';:"^;;;,',';
•ilear and un(|nestionable r" ' ' "'
Mr. .biiiN i^! s. V Adams. # # • ••Aeeordinj; to the.
idUstruetioM wo ;.,.ive to ' elear and indis|»ut.d>le,' in relation to the
i|iie>tion of li^iht ami wron;;', I sav thai our title is clear and uimjiu's-
tioiiablo." ♦ * * • . * •
Urtriict />•<»)} the .spct'ch of Mr. 7. (J. Atlrons, in the Jlonsc of Rrprcscutn-
tires, Ajtril i;{, ISl(».
* * • "I am not lor settling; the (|uestion at the line (»f IIP."
* * * " If this House pass this, and instead ol puttinu' down
•south of the line of 4U"',' ;is is proi»osed \>\ this amcmlmrnt, will say
•south of latitu(h' r>P W,' I will vote for it." • * * ••(Iroat llritaili
liud no claim w hatexcr. I beliexc she lias no i)retensions to any now."
f..:lriirt from flir spircli of Mr. Ckss, of Mirhiijiin, n the Senate, >fnnr. lS|i;
• * * '' We art> seokiii}; a doubtful ijood, at tlu- certainty
uC a ;;r(>at sacriiiee." • • • »* 'I'ho.so who belie\ o that
"iir title toall Orejion is so *ch'ar and un<|uestionable' that <■' t<v''.-'t'.''r.i!T,.i"'.'
no porti«>n of it ou;;ht to Im' relimpiished, ma> veil (•onteiul
'"' its whole extout, and risk the eon ;!»quoiice8." • • •
m
M.. MV A-.. .
I liiirii .VI 40 .)« t
l)(>lillil'(t V. nr.i! *• '.
46 NoinilWKST NVATKli llolNDAKV AHIUTKATJO.N.
[41 ) * E.ilrnct front the .sixtcli <//' .1//'. Si riir. <<!' At Lonsas. choiniKin c/'th,
i'nnniiUln' tin Fin'riijn Itihdioii'i, in the Sintifr. Marclt -'t, lSl(i,
• ' ' Sir, I Mill Hot sine l»iit, tli;it ;i iiiiijuiity ol' llu' |)tMi|ilc.
nf till! I'liilcd Sliitfs Undid mtlicr li.ulil (iifat l!iil;iiii td-
iiKUiow tliitii viclil lip to Iht any piiit of ( )r<';i(»ii soiUImii'
."il io . I iiiii Mot stii'c ImiL tliat :i iiia.joi ily of the ]ico|i|('
of flic liiilt'd Stales arc now ready t(> assert tlic title ol' ilic Initetl
Slates to the wliole of ()re;i-oii. Iielie\lii;r. as tiiat iiiajorily do, that tlic
title of tlieir coiiiitry to t lie whole of it is illii|iiest ioiialile ; aii<l with tliis
assertion ol their title, I am not sure luit that this tnajoiity are not now
ready, npon the slijihlesl intiinatioii iVoni those who ha\e eoiilrol of oiu
l»iil»lie alfairs, to niaintain it a! all Inizards. * ' * These peoph-,
with these iiiipressi(»iis, aic new lookin;;' and rea<linji" al)t»iit ( )re;4(»n, and
ai'e <|iiietly and liriiily lorniiii;,' their resolves upon the snlijeet. "il'^ Ui'
are ehatked upon doors and windows, and upon walls, pillar, and post,
est'iywhere. • * * These p<'opIe are in no >etnper for iinjiisl eoii-
e«'Ssions, in the form of <'onipromises. Is Iheie, sir, a man in Aiiierieii.
of any parly or of any se<'t, that would in»t sooner li;4ht (Ireat ISrilaiii
tomorrow than yield up any part ot Oregon south of {'.» .' In support
of <uir title, up to that line, and for eveiythiii,:; south of it. we slioulil
(ind even our (^Miaker friends in unilorm, villi arms in their hands, eiy
in^i' ahuid. in the highways and Ityways. ••To \ our ti'iits. O Israel I"
No. ;;<;.
Kthfut J'loni tltr\L<)n<h>n\ (Jutirfcrhf Juvleir for Muith, ispi, \'(,l. /,.\ I//.
jnnir tin,!.
• » * We Ix'lievc that the proposition for a di\isioii Ity tlif
It,. .j.„..,iv forty I'iiilh deinree and the .Straits ol' I'lu-a — which we ha.r
fiV" ',''„,i"V I, ',"'„■: hitherto called .Mr. haruan's, luit of which w<' hear no mot.
""""■ under that name — wtuUtl have heen at any lime and iiiidci
an,\ i'ir<uiiistaiiees icceived with as much satistaelioii as now. We ao-
more and iiioic ct n\ iiiced hy the advices which we have latclv
\VJ\ 're(»'i\ed, that the Aiiieii* an cahiiu't will not and — it it would—
c(Mild not make any lar;;er eoiicession. It is, we ltelie\ c all llur
an\ American slatesinaii could hope to carry, and we are eipially satis
lied, that on our part, alter so much tlelay ami complicaiioii. and con
.sideriii;i it in its (iitiire t'lVeel on the trampiiliily of the distiict itself, it
is III*' lies! fur our inteiests and sullicieiit inr -nii Iioiku. * •
No. .".7.
Mr. llu ItiUKhi tit Mr. \Ul.aitf.
IM;I»A!ITMKM ol" StMK.
Sll{
The IMo.sideiit, since the date of Iiim i(U's.«i:ijrt., |ias svvn nrt-<
T<-
I III I'rt "i-U-nl tnnv
llir *ti-iwi|.* nil jiiiv
eliiin<^e Ins opinion. <
it her in rejrard to oiir title KJ^ftnuon
i)i' to the manner in whu-h it ou^dit to he asserje«L !»in fin
•""•'"""'•"""■•' IVderalConstitutioii has miide the SeJiute, to a ^i
II e\
MKMOKIAL ny IHK rMIKD s IATl> Al'lM.MU \.
47
Udil I'flli,
Sir.."
11' |t»'«)|ilc,
iritiiin to-
sontli til
ic ]in»plt'
I' I'liitt'il
tlint tlif
Willi this
• not iKtw
inl of our
■;»' |u'(»pl»'.
.'iiow, iiiid
. ."il Hi
illitl post.
ijiist coil-
AiiK-ric;).
t llritiiiii
II support
vc slioiiM
;iin|s, rw
I. I.XVII.
Ill liy til*'
no moil
ml iiiidi'i
Wf ai.'
IVC lilti'lv
would—
•. all tlia:
ly sati><
and I'oii
itStdf. !'.
»
1 slH,
\U\\ tin-
t:<ai t'\
tent, il co-oidiiiato luaiudi «)!' the f rcatyiiiaKiiiL; power. \\ itlioiil tludr
iidvici' arul coiisciit no treaty can ln' coiKdiidt'd. This powci' coultl not
lie iiitnistt'd to wiser or hcdter Ijaiids. i'.esides, in tlitdr lei;islative
cliiiraeler, tlie.\ «'oiislitiite a portion of the war inaliin^'. as in their ex-
ecutive capacity they coiiijiosc a pail of the treaty iiiakiiin' power.
Tlicy iue the represeiitatiN es of the so\ creii;!! Stales ot' this I nioii, and
are reuardetl as the liest index of t he opinion ol' their const itiieiits. A
ivieetioii ol the Uiitisii iilt iiiiatiiiii nii;:ht prol-.ddy lead to war. and as a
bninch of the le;nislati\<' power, it would lie iiicimilieiit upon them to
aiitliiiri/e the necessary preparations to render this war siiecessfnl.
Iiider these considerations, the President . in deference to the Senate,
and to the true tli( ory ol' the constitiilioiial respoiisiliiliiies of the ditVer-
cut hraindies of tie' ( lovermiieni, w ill for(';:o his own opinions so fai- as
to siihmil to that hody any pio| o>itioii whieh may lie made li> tlie
Ihilisii (ioveinmei'.t not, in his jiiduiiu'iii, wlioll\ iiK'oiisistcnt with the
ri;:lit and honor vt' the country. Neither is the fad to he dis;;uis('d
that, from the spceidies and proeeedin^is in the Senate, it is prohahle
that a preposition to adjiist the ()re'ii»n <piestioii on the parallel ot" III '
would r<eei\'e their fa\oralde coiisideratii.ii. . • . *
|:'.j ''I'he ('resident is desirous so to adjust the ( )re;;on tpieslioii as
net to leave opei any source Iroin which miulit p "o-
(ced new diniciilties and new daii^it'is, ai^ain to threaten
tile peace ol the t wo count lies.
.^ i.hf* nut tn li-iilr*.
i"-ii miy i»ntir»'i* «l
The I'n'sideiit would also consent. thoii;ili with reluctance, to >ulimit
to the S»'liate the second proposition sii;:;;ested l»y yoii,
dixidin;;' the territory in dispute lielweeii llie two loiiiil lies, .'."i'
-hy ext<'ndin;;llu' Ixmndary to the I'acilie l»y tin' forty ninth
parallel and the Straits of I'lica ; " luit without the super
added W(ir<ls "with free ports to liotli iiatioii.>
• I* ri' •« I il f It t
I «t»t>rii(| lit Um
vU-\Uv lihi*-.| 40"
.1 t • M'.iiU i*C
Tl
lese worUs aio
I iiidetiiiite, and he eaiiiiot infer from them tin* extent (.f your meanitiju:.
Ill case the lirst projiositioii to which you refer should lie maile liy the
lliitish j;o\»'rmnent. the I'resideiit would not olijeet lo the terms of hi;
iitfei ol the iL'th .Inly last. '• to make free to (iieat I'liitain any port Ol
|i(iit.s on \'anc<.ii\ <•!• Island south of this paralhd, which the Hiitish
tio\crniiieiit may desire." It' tin' cape of this island should, liow<'\t'r,
lie surrendered to (li'cat Itiitaiii, as woidd he the case under the >iecoiid
|iinposilion, then he wouhl consider ilie (piestion in regard to I'leejiorts
as terminated. J need not enlarge to you upon the iiicoiiveiiieiice, not
to say impossihilii y, under oni' system of ydNernmeiit, after om-or inoi'«s
Stales (-hall liav<' lieeii estalilislu'd in < )reyoii. lan e\ cut not far distant,)
ot iiiaUin;; any of their ports tree to ( ireat i>ritain, <ir any other nation,
llesides, »uir system of drawhatdvs secures to other nations the material
advanta;;('s ol tree ports without their incoii\ eiiieiiees.
There is one point which it is necessary to ;,qiard, whether the lii >t or
the second proposition should lie siiltmitted l»y the Hritish /^[overnuieiit .
The .Strait of l-'iic.a is an ,irm of the sea, and under the piildic law all
nations would pos.sess the same ri;,dit to na\i;,Mte it, tliKiii'^hout its
aIkiIc extent, as they now have to the navi;;a(ion of the l!i itish ( 'liann«d.
Still, to prevent future dillieidties, lhisou;.dit t«>l>e (dearly ami distin«tly
understood
l.viris .\U Lane, Esq., dr., iCc, iti
•lAMLS lU tTIANA>'.
i
48
j\o|?Tll\Vi:sT WATKi: I'.OI NhAKV AI{l!lTK.\TIO\.
4H
•No. ;5S.
Mr. McLiinc to Mr. lUtvhnnan.
London. Mnrrh .;. IS 10.
MU
Mr, M.I. in.-
I st.imli* iiiiil oldiiiiUMJ ;iii iiiifixifu will) l.md AluTtlocii
...m'. ih'ii '"('ir.'.',, oil the l.'">tli l''cl>riiarv. » » *
.m"',"I"i ,*!. r ""ii",' I li;i\ (' lillh' or iii» I'vpi'ftatioii tliat this ^joNi'iMimtMit will
iv''.'»'.'i'K. ,'.''','•". olVcr or assent to a lit'ltt-r |i:trtitioii tliaii lli*- fxlfiisioii ot' :i
liii(M)ii tlio t'oit\ iiiiitli |taiall<! to tin- Straits ot' I-'iica, ami
lliciM'c down tlit> niiiMli' ot' tlii' strait to tin- racilic; and it' tin- lint' of
llic forty iiintli parallel .slimilil intersect the Colninhia, a(^or(lin^ to Mr.
(iallatin's proposition, at a point from which it is na\ iualde to the ocoaii.
with the free na\i;;atioii of that river, at least for such a peiiod as iii;iy
be neeessar.v for the trade of the Hudson's Kay (,'oinpaiiy, they will also.
) am tjiiite sure, expect s.tme arran^i'einents foi- tin' proti'clion of the jnc
('111 a;4^riciiltiiral settleineiils of llritish siihjects south of the forlyiiint'i
<le<;ree of latitude, and north of the Colninhia. If the Coliimhia Itivci
he not iiaviyahle from the point at whiidi it would l»e IntcrsectttMl l»\
tin' extension of a line aloiiji; the forty ninth parallel. I Indieve it <pi,li'
(•ertain that the na\i;^ation of the river woidd not he insisted on.
• * » • • « «
I must, liowever. lepeat the opinion that, \\hale\er may l»e the result
of aiiN present e\p»'ctatioii, ami accordin;:' to any view it may take ot
the tpu'stion, lliis government will not he likely l») propose or assent tn
a Itasis ot' partition ditfereiit from that I have alieady stated in the fore-
;^'oin^' })art of this dis|i:iteh. if there he a dis|)osition on the part of om
<lo\«rnment to treat, upon tliat hasis, I have ;;reat conlith'nce that the
iu>;j^()tiatioii would result in an amicahle settlement of the <pi. stion.
I.(JL'I.S .M( LAM<:.
lion. .1 AAll'.S !5l (IIANAN,
Sorrltirff vf Stutv.
Mv
had
aiiswe
vou til
i.f .Mm
that t
ii('j:<»ti
notice
Ilolt
m
|lo|
•N.
.1!>.
Mr. Ihitis III !/(•. Sliiniis.
l,i»M>MN. .l/»r/7 .'), IS ji;.
•n.- .ir.-...M I .. , '^'v I)i;ai:Siii: l"ie ()re;j[oii (piestion is (low as yood as
in TthV' wn ^t'tlled, provided the Senate. Ity a ^ood majority, pass theii
'"'""" paeilie looluHoiis. Voiir p.unphlel. Ity Iimii:; piddie atteli
tion on a leasoiialth mode of seltleiiieiil. on Itotli sides o| tlie water lia^
(h)ne more than ,ill the diplomatic notes. I el.iim tlie merit of siijL>y;est
111)4 the nio(h' ol ;;cttin;: rid <d the tpiesiion ol tin- ilndMin's l>ay Coin
pans and the na\i;>ation ol the Colnmhia, liy allov\iii^ the eoni)Mn; to
enjoy it for a li\ed nnmher (d .\eais. .Mr. Mel. me and the (loveriimont
had not ihon;;htot it In tin- ii>iiarlerly is an uliele written hyrndiei,
which adopts eompUleh thes«' view s. r • •
JtXSIICA r.ATICS.
MK.Mnl.'lAI, <»F TIIK IMTKI* slMi:
-AITLNMX.
4fr
No. 1<».
1//. Mr I. <UU tn Mr. IIhvIki
lllllt.
,i, isn;.
Alicidci II
IIH'Ilt will
isioii ot' :i
•'ilcil, illlll
he line nl
i)g' to Mr.
lie (MM'iiii,
>ii lis iii:i\
will also.
' tlH' JHO
ulyiiiiil'i
hill iiivi 1
scctt'd lt\
• it (inilc
oil.
•
tllll IVSIllt
ly talcc of
assent tn
I the fort'-
art of oiii
' that till'
■itioii.
•
LANK.
i,<iM»(>N. A /nil 17, ISiO
SliJ
ISKJ.
yoiMJ ii^
a^s tlifii
i(- alti'ii
alcr liii>-
siijl;m('sI
la\ ("oil
llMll^ 111
(M miuMit
("rokri ,
\Ti:s.
My (lisiiatcli of tlic ITlli of Maicli. alter an oppoi tuiiity
liMil Im'cii allbnl'Ml of seeiii;; aial relleetiii;; upon yoiir liniil
iiiisw«'r to Mr. i'akeiiliaiir.s proposal to arbitrate, aeqiiaiiited .' .i''.'''rii,."I.'.'i
t 1 III r »* * • tn $l\f
h •'( llif !r.Nity Itir
>! Or«-|iMt.
yoii that vei'v soon after the date of the last noteolthi' Karl
iif Aberdeen to Mr. I'aUeiihani, I had jiositively ascertained
tliiit this ^overnnieiit would tak«' no liiitlicr step toward icnowin;;' the
iM'i:otiatiftii until after < 'ou^ress had tiiial!\ acted niton the (|uestion of
imtici'.
• ♦ •■ . ♦ ♦ »
I.OCIS Mcl.ANi:.
Hull. ,1 \MKS l;i CIIANAN,
Sivfi (tin/ III' Sfiilr.
•No. II
I
I! I hurls I'iniil till sjiiirli nl' Mr. hii\ nl' XiiV )'i>rl,\ ill (Itr SiHi(h\ Frhrilil 11/
!!•. is Id.
♦ * • ••The historical facts are too well autheii- a.ij...'. ,,.,.„ .h
linited to he liernianeiitly niisuiidcrstooij. They were so !';'",",', !.'";';,'t:;nt
well known at tin* time, that even the rivalry — not to say - "'"
ilir detraeti(Mi — of the day conceded to (Iray the merit ol the discovery
U\ desi;;iiatin;; the rivci' Ity the name he ;;a\(' it — the name (»!' the \<'ssel
iliiit Ih'st cntcied its waters." " * ' '• Kook at the tuap oi'
Oiciioii on \our lahle. hy ('a|»tain Wilkes, and you will timl < ! lay's r.a\ . s«»
iiaiiied hy r»iou;;hton, (see \'ancoii\ ei "> .loiinial. \()l. .'!. p. !tL',) on the
iiuith side of thf ("idumbia. and hi^iicr up lliaii Astoria. Accordiii;^" ti»
tliay'sttw n lo;;-. he anchored, the da\ he dismx cied and entered tin- ri\er,
!('li miles aho\e the eiitiaiice, and three da\ -- afti-r he saihd twelve or
lifteeii miles higher Up. He must, therefore. Iia\ e hceii tiom six t<) tilt cell
'ililcs aho\-e t III' -ite of the set lIcllM'Ilt 111 A-^Ini ij. ■ • ' *
N'o. IL'.
Mr. Mrl.mir In Mr, Jiiirlnti^'di,
T.nNDiix, M'li/ 1>, Isk;.
_s;il<. » • * » * •» < *
III it»> la^t dispatch, daiid on the ,!d instant, alter an „ ,,,, „,„,
iiter\ iew \\ith liOid Alierdceii, I informed \ou that as soon ' ..SV-ror'",©';
e* he leeeixeil olli, i.d ililelli;;('nee ot the Senate's vote upon ' '
till* resolution of notice, he would proceed linall.s to consider the snhjec.t
<>t nre<^oii. and direct .Mr. I'akenhain to siihmit a ttirther jiropositioti
li'oii the put of I Ins ;;ovenimi'iil : and al-o t Im' il was u tide istood i hat
I 1>
m
.0
NnKIIIW i:>r UAIKi; I'.olM.AK^ AIMW 1 K'A 11' »N.
If wiiiild not 1m' |tii'\ ciilril I'ldiM laKili;; t Ills r((iir>i' liv .iii\ (li<;i;;l '•••;ih
I if
lict ween !li(' I w u I |iiii>t> ii> tit 1 iic Inriii ot I lir linlirc
I liiixc now Id ii( (|ii;iiiit ,\nii tlinl, iil'tci tiic i'<Tci|it ol voitr ilispatrin ^
Oil til*- l>*illi iiist:iiil li\ llir ('iilctlitiiiii, I liaii ;i N'liutlit iit'il i-niilrrriii"
\otli l.oiil Alifiilfcii ; i)ii wliii'li ucciivimi i1m' H'sniii|iti(»n nl' tiic m
UDl iai ii'li lor ail aiiiii-altif Sfttlrliiclit nl tlii' ( >I'r]>,''i)|l qiK'stinii. ain;
IT llic iialiiii' ii! the |)in|M)'<it joii lit- coiitciniilatrii 'siilniiitliii;:: li'
lli'iii |iui|MiM'. luriiiril till' siilijict Ilia lull aiitl I'li-i- cuiiv iisaliMii.
I liavt' iiuv. !i) >tatf ih;;i iii>lriiotiiiii.-> will in- iraiisiiiittcil to Mi.
raiviiiliaiii l»\ tile .••IcaiiK r o|' to iiinirnw. to slilniiil a lli-w ainl lilltiir;
|iio|M>-itioii (III till' [larl i.i' lliis ;;((\ ('1111111111 I'or a ii.iililioii oi llic iti
iiltii,\ ill ili~-|)iii('.
'riic |»ro]ii>.-.ii i.ia, most |)i<iltaM\'. will otVci .>iii».>t.i!i iall,\ —
l''ir-*l. To (ii\ idr lite tcnilors hy the i-Mfiision of liic liiic im iln
pa I a lit I ol' loi I \ mill' lo 1 lie -^ca — that i • lo >a.> . lo ilii- ai .'1.
of ilic M'a i-allfil r.iicii'.-, i;a\ : tliiiici' li\ the ( anal (if llaiu
ll.r |il.|..l| in
. • 1M1«11> V llll.lt>-, 1
1,. >V il,» tt>ir(*i*'
..> ",,-,...f.,ll.'tirf I'.
iiir. I.'. 11.' ,1 •"■i\ a
Ki
mi Straits ol' i'm-a to tiii> oi-can, aii.l fonlirniin;.: to lii
I liilcil Males — wlial iinlfi li 1 !ii\ Woiilil ]iossf.ss \\ ii IkuiI ;ri
sjH'cial foaliiiuat ioii— i hi' ii-jlit lVci-l\ to ii-f ami i;a\i;;a!c t!ir stia;
tliioiiul'or.i il < csti'ii!.
Scrninl. To «i'fiiH' lo liii' r.iiii>li Milijccls o('('ii |iy i ii;;' lalids. lolls. aiii
station- a ii,\ v\ ! •(■!(■ in ilu- region noi i li nf I In- < 'oliuiiliia ami voiii inir tli
t'oiivninlli )>aialii'l. a iK-rpciiiai title to aii tinii' iaml^ and >lalioii
01 wliieli lliey iiia\ lie m aeiiial oeeiiiial ion : liaiile. however, in all p
Npecls. a- I iinder>tand. to I lie j 111 i.> diet ion and m>\ cieiunt v ol' t lie i 'iiite<
^^lale•'i a > ell l/eiis n
1 the riiiied Mati
siiniiai pri\ ili'ues v il
iit'l'eied to lie e\t>iidi'i| to e:li/en> nl tin I idled Stales, who mav Inr ■
.setlleineiits north id the lori,\ ■iiint Ii parallel: tlioii;;h I piesniiie ii :
pre||,\ well lindelstood tlial there ale no set t ieiiieiits Upon wliieh ihi^
nominal iniitiialit,\ eoiihl operate. I lia\e no nieaiisid aceiirately a>eei
lailiin.u the extent of (he ple.x'lit i'.liri-h selllenielits iielweeii |!i.
(oliiinliia and the lolly niiilli parallel. Tin'y aie mil IndieM-d oy I.umi
.Mteideeii to lie nniiifloiis, liiiwcver. consist inj;, as he supposes, i.l' a leu
pri\ni.«' laiiiis ami two or three loiis and ;«taiions. I hasc ainad.v. in ..
]in'\ ions dispateii, taken tiie lilierl.N to reiiiiml ymi that li\ I heir eharh;
the lliidson> l'>a,\ ( onipany are prohiliited Irom aeipiirin.u title in land'
ami that the oeeiipalions to lie atleeted hy this resersalion have lieen
made either l.\ the sipiatlei s ol' thai eoiiijt in.\ . or hy llie l'n;;e('s SoiiiMi
Land < ',iiiipan\ . lor the purpose nl e\adiii;: the piohiliiiion ol' the ilii.l
•sun's I5ay eliarter.
The\ are, in poinl oi I'aet. also, aeeordili.^ to Captain \\i I lues's aeeonr;,
••nliivated and iixd ( iiieil\ li\ the per>ons eiiipio\ed in the ser\ii'
ol' the roriiier eompan\.aiid a"* au.\iliar.\ to their ;j;eneral l)iisine>^
ol linnliiii; iind trappin.L;'. ratliei' than with a \iew. as it has lieeii i^ciie
iall\ Mippo>ed. of enliilii/in.L;' or ol' lierinaiirnl set lieineiit.
|-1.S| 'Lastiy. Tlie proposition will deinaml lor lite llndson'^lli^
Coiiipanv '.!ieii;^Id id' lieel\ iia\ ii^nt ill- I he ( 'oiiiiiiliia I»i\ el.
Il wiii. lio',\e\er. a> I nndei-iand. diMlaim the idea id' so\erei!;nl.\ "i
id the li;.;ill ot e.vcrcisin;;' ail,\ llirisdletloli or poiiee whate\er on tin
pait id I ids ;;o\ I'l nnieiit or of tin- eomp im\ . and w ili euiiiemplate old'
ilie ii;4hl of na\ i,;;aliii;.; the ii\( 1 iipoii ilie >.\\\\<- fooling and airDidia.
to the saiiH' rei;iilathili> as may lie applieaUle to the eiii/ens of ih;
Cnited St.iies. ~ , , »
li IS seareidy ne>es>ar,\ for im lo .>ta!' llial I he piopndlion a> ':y
.salnnittiMl lm> not leeeiMil iii\ conntrtianee.
.\l!honL;li ii !ia> lie( 11 110 ea>\ task. iiiider all the eii eiiiii.slaiicis. !■
MKMoWlAI. <'|- Illi; I MlKh >r\ll,^ A I'l'KNMX.
51
li'iiil In a If oiMMiiii;:; ol tin- in'i;(<i i.it iit;i> li\ any |»rn|i(i>itii.ii tiuiii tins
^tivrniiiM'iit. ami lo iiiiliifc it to atlnjit llir paiallcl nl t'ortyiiiiic as the
IkisIs oI a iMiiiiitlai \ , iM'Nci'iliflfss I liojicil ii v.nulil lia\r hrtMi in my
|H»\vi'f ti> yivr tlir |ticst'iil |»in|»ii.siliiiii ;i less ultici-t ioiialijc slia|>f. ami I
most ilv*-|il\ laim-iil in\ liialMlity to ari'iiiii|)lisli it. I lia\ r. tlii'i't-loti-.
till it my <liit,\ to tlisiMiiiiaur any i'\|M'clation llial i! ufiiM Itc acffjitrtl
lis tlir l'if.>iilciit. Ill', if Niiliaiil tcil to 111, It f)oi|\. ap|»id\<Ml ii> tin*
Siiiatf.
I (III not tliiiiiv iln-ic can ttc niii>ii doaht. lio',vi'\ «'i', llial an im|iii'-->ioii
ii.'> ! n proiliiciMl licii- tlial tlir Si-na!.- wonltl acf('|tt tin- |ifo|io>il ion
iiii>\ olVfi't'il. at least willioiit matcii.il iiioiiilieat ion, ami lliat tin- I'le^i
(lent wonltl not laUe the le-inmsiliilit y oi n-jiTt iiiu it witlioii! ((tiivii||.
1.,- Ilie Senate. , .
It mn>l no! esrajie o!»Nci\ ;ii ion that, tliii in;; tlir |)i ceeilini; .ulinini>-
I lilt ion of oni' ( ioNcrnnieiit. the e\ tension oi' tin* line on t lie
i.iity iiimli parallel to t lie Strait.- ol i'm-a. as no.v pinposetl
ii\ I, mil Alieitleeii. w as aeliiallv -ii;; jested l»v my iiiiiiiedi.
I \if n *tn \ r vtx'
• •M.) IliiulI'lKV ttU''
Oi «t «ii«iit4«t**<l liy
>l Kurt II
ite preili'cessKr. \I r. 1 ',\ eiet t. as one lie t lloii'jhl hi ; ( io\ erniiielit liii^ht
:irri' If
I lia\ e lli,\ -ell' ah\a\ - l»elie\ eil. it' t lie e\t eii.-inn of tile line < it I toll in I
,n.\ o!i till- foitN ninth parallel l>y the Stiaits of l'"nea to the sea wonhl
'«e aeeeptalile to oaf (Io\ einiiienl , tli;!t the (leinaml tif a li^ht treely to
ii.i\i;;'ate the ('olamliia L'i\ei' eoiihl lie eo'iiproiiiiseil iipon a point
<it' lime. l>y eoneeilili;.;- it I'of s!iel| pelioit as mi.i;lit he iieeesN.ir> lor the
!! ide of tile llmlson's l'ia\ I ";iiii|iaii\ . iioith or south of the l'o!t\iiinth
parallel.
I'.i ■ I ha\ e not the lea>t iea>.o'i to >uppiise it would li • posNihic to
ohtain the e\teii.-ioi! ot' the foityiiiiitli p;iialle| to thi- sim. so as
;•• uive the siiillheill eape ol' \'aiieon\fl Island to the I'liileil ."^tale,-.
5
i.oris M. I. am:
lion, .Iami s r.i (MAN \:
Si) II liifij (»/' Stitti
No. I..!.
Tin F.iirl !>/ Aliiiiliiii In Mr. l'(il:nili<i:
[i:\tr.i.t.J
M \\ H. \su;
The it iiiiidai\ .>aid Lord Aheidi-i-n i lia\iii;; l»eeii fixed liy the eon-
leiilioiiol JSIS. lii'I ueeli the pdssessioiis of (Ireat lilitaill
iiid the I'liiled Stales, nnd the line ol (lemaicat loll haxiiiii i- r. ii,,. rum'n'inii,
II .11. • .1 II I .' I . ' . I 1' ' iirit"l.r.-i umwlli ■
iieen «'arned aloiiu the h It \ iiiiil ii.p.iiallel ot latit iidi- lof a '.-..ivi,,, vh,
. !• • I . I 1 l' .1 II .1 1 ' liu.llMr Ku«)'i'e
ilistanee ol ei^lit handled or one t lioiisand miles, t iiroii;;h
.III unriei|neiited .111)1 niikiiowii 'omiiIiv, from the Lake of the Woods to
the iloeivv .Mountains, it appealed to the (lo\crnmei:t ol the I'liiled
States that it \v,in a natural and reasonalile sii^'uestion that this line
slionid lie eoiilinned ahui:.; the .same par.illel linahoiit halfthis distance,
iiid liiioi|;;|i .1 coiiidr.v as little knoui; or lieipn'iited from the iJoeKy
Moiiniains to the sea. And. indeed, with reference to such a eoitntry.
the extension of any line oi Itoiindaiy already fixed miuht eijiially lia\e
Ixeii .sii;.;;;-ested. whether it Ini 1 hoi'ii carried alonu tile forty-ninth or
:iny other parallel of lat nude.
I tl
52
NOKTIIW r..sT \V.\li:i{ noiMiAIIV \i;illTI{ATI(»\.
Oil (lie (iIImt liaiid, liowcMT, it may justly be ohscrvrcl that aii\
(livisi(»n nl ti'iiitMiy in wliirli liotli parties |Missrss (M|iial ri;;lits nii;rlii
to piucccil on a pi'inciplt' of nintiial <-oiiviMiirncc lathrr than on thr
adhcifncr to an iina^^inary ;;fo^ra|)liii-al line; and in this irspt'ct it
must be coiitrsscil that thi' hoiiiiihiry thus piopostMl wonhl li<> iiiani
t'cstly (h'lii'c(i\ ('. It wonhl cxchnh' ns IVoin cNciy roinniodioiis or ac
crssihlt' harbor on tlic coast: it wonhl dr|>ri\(> ns of our loii;i.' c^tali
lishc<l means of watcrcoiniiinnicat ion with the interior for tlie proseeii
tion of onr trade; and it would interfere with tln' possi'ssions of ItriliNli
colonists resitleiit in a district in wiiich it is believed (hat scarcely an
American citi/en, as a settler, has ever set his foot.
ITtO) *Von\\iII aecordinjily in<»p(»sc to the American Sc<'H'tar\ oi
State that the line of demarcation should be contiinied idoii;; the
forty-ninth parallel, from the Rocky .Mountains to the sea-coast, and from
thence, in a southerly direction, tlironuh the ceiiler of Kin;'; (ie(ni:t''>
Sound and the Straits of .Inaii de I'nca. to tlie I'acilic ( >ceaii, It avinu t In'
wh(»le of \ancoii\er Island, with its ports and harbors, in t ii" posso
sion of (ireat l!ritain.
No. II.
E.rtiuift fi'inil Ihf sjKi-rh o/' Mr. Il(ii>i>il, i>f' Missmirl, in th<' S'Hiili\ ■Inm
IS, ISpl. IhliiUi (HI the rdtllicdiiini of' llir Uniitin trmlfi. Ajijifiuli!
(i> llif ('oii;it'>'s.siiniiil al'ihi., Jirsf siisiiHi Tiri iiti/ iiiittli ( 'niiiinss. IS|.")~
"hi. I'lK/r SH~,
111 I'll
iii^laiil
|ol thr
I »i"':;iin
l-th of
\'rW hill
I hi- Srii
li "uillti
Ii llilli'll
;n 1 Kl'ilil
II. r Mil
\t iiliiiiit
(iral
lis wel
Icsliiii
liiis In
ininiti'
(Si cell)
|H'i feel
In this
or ill tl
isfaclii
"The lirst ailicleof the trcatv — and il is thr iiiaiii o.ic. and aitiio-
the whole ireatv — is in the ver\ words which I invscl
Mr ll> 11 I'lli'l
l!nl^MiM.^X''.''»^ \voiild ha\(' used if the t wo ^iovi'inmeiits had lelt it to iiir
"■'""'•""■ to draw the li*)iindary line bet ween them. The line cstali
lished l»y thai article — the proloii,i;atioii of the boiindar' on the cast sidr
of (he Ijocky Mountains — follows ihe parallel of I't to the sea, with a
sli;ilil dctlcctioii tliroiij^h the Straits o! T'lica, lo a\oiil ''iittiii;;' the south
end ot \aiicoii\er Island. . • » , •
When the line reaches the channel which sepiirates \'aiicoiivci
Island from the continent, (which it does within si;;'lit of the month ol
I'raser's IJi\ ei. I il proceeds to t he middle of I he eh ililicl, and thence,
tiiriiiii;;' south, throiijih Ihe ehaniiel I >e Ilaio. (wroii;' ly writlen Arro on
the maps. I to the Straits of I'l lea ; and t hen west throiij;h the middle ol
that strait (o the sea." .,.♦».
No. l."i.
7'itrilrf I'idiil the sfti f<-h of' tht Karl d' Alu iiln n ii, thr llnnsi ol' Lorils, Mnii
ihii/, -hini •_'!>. Lspi. {iliiiis((rd\s Dtbdm ST, JOuS.)
When T saw that the Si'tiate and the TFoiise of [Jepresentatives hml
adopted resoliitioii.ol such a conciliatory and frieiidl)
h.rirM.l.r»V.-'.«^^^^^^^^^ j."»l I 'desciipjion. I did not dehivfora moment pntlinu
111 111.' mti-niii-iiiiiiHi ' ■ , II • 1 .•II . ' ■ .. 1 ■ ! ■ I .
B,(.„(t.. III.' ir-.i, aside all ideas ot diplomatic etii|iiettc, which mi;;iil
ha\e Ie(l me to expect that some •.feps would be taken on
l:'.itnici
ilccisioi
would 1
;,'('nce V
hisr atl
wliieli,
ill the I
lect (hi
lory of
Preside
to disci
into .se\
Kiir dill'i
allied tl
The tw(
Ins nm|i
the I'lii
•onvent
etller^vi^
the deel
vent ion
MMMmKIAI, or I Ml. I MIKI) s taTKs Al'l r.M)I\.
Illlt ilU\
Is Ml
urlii
II on till'
l'S|l-M'l it
lie iiiiilii
IS or ;ic
ii;: t'stali
p/OSCCIl
)li' l(i'iti>)i
r-t'ly
:iii
H'till'.N <'l
ilnll^ lllr
IIIhI t'lOlM
»\ inu till'
l»U>Sl'>
III
II III
Ir, .1
.\\tjH'nili
.'. isi:.
till' iitlirl siilr; Itllt, w itliollt Wilitill'^ ;i IlluliiflM, I pti-pairil t lie <ll;lll;;|it
(ijii (MUivt'iitioii, wliicli was si'iit !>> Ilic piirkrt ul tlic istli ul Miiv to
.Mr. riikcllliiiin, to lii> proposed tor the acccptiilin' ot tlir I'liitiMl Stiitrs
(Invci'iiiiiciit. I liiiM' l>i-oii;;lit with iiir ii ii'ttrr tioiii .Mi. I'akciiliaiii.
wliirli I ici'civrd this tiiortiiii;.', ami ttoin which I sliall i«'a<l an cvtiart.
Till' htfcf is (latcil the VMM olJuiic. ami .Mr. I'akriihaiii says;
III loiirniiiiilv with what I hail thr Iimihii Id Mlalr in iii\ di^iialih \i>. •' % <>!' tli< Till
ni^laiil. I lif I'n'>'i<l''iit m-iiI a inr>sa;jr mi Wnlni'Mlav la^'l li> iIh- Si naif. ••nlMiiitliM'4
III) thr Djiiiiiiiii III' that ImiiIv thr iliaii;^lit ul' a rniiM'iit inn Inr ihr >rtth'inriil III' the
( iii:;iiii i|iir>tiuii. wliiiji I wa> iiistnirti'il li\ mum- hiii|shi|i'^ ili-<|iiit('h. \i>. I'.', ul' tin'
l-ih III' May, In luuiior.c I'df ijic ari'i'iilaiiri' 111' iIh' I'liili'ii Siati"H (iii\ rrmniiit. Al'Icr a
itw hiiiii-<' ilriiliiTalioii nil ri.rh iil'lhi' ihiiT <ia.\>. Wriiiii'Mlav . ThiirMlav , and I'lulav ,
I ill' Sena It', !)> a iiiajnrilv nl' thirl, \ ri^lil vnlrs to I wrhi'. aili>|iti il m'sIi nlav <-\ riiiii;; a
ii'Miiiitinit ail\ i>in;; thr rirsiilriil to ai'n'|it thi'trniis iti'ii|iii>i't| \\\ Hit Ma.ji'>l> ^ v;i>v-
riiiiiit'iil. 'Ihr l'rr-<iilriit iliii lint hi'silati' III art on lliis aihicc; ami Mr. I'liirliaiiaii
:ii riiriliiiul\ si'iit tor nil- tliii nmrniii;;, ami inloitiii'il im- that Ihr romliliniis ollrii'il liy
" III r Maji'sl\'.s yoMiiiimnt wcii- arri'iitcil liv the ( io\ i rnimiit of tin' I nitnl Slahs,
w 1 1 III ml till' a I III i I ion or altriat ion ol a .siii;;li' w on I.
<iratilyiii;;as thisiiitclli;;'cm-)'is. I trrl it is I tut an act ot <ltii\ ami iii.>ticc,
lis well as a pleasure, that t should hear the triliiite of \\\\
Ifstiiiiony to the most riiemlly and conciliatory «'oiirse which .«»ii t.r Mr' m'
lilts been adojiti'd lt.\ the liiited Stales minister ill this
rniiiitry. That (gentleman 1 have lotiLt known, and Ion;; had leasoii to
isieem in ollicial intercourse lit'teeii or sixteen yeais a;;o; and I am
peiiertly certain that, l»\ e\ery means in his ) 'twer, he has contrihtited
(n this result. 1 am well assured that there is no person in this house
111 ill this country who more coidially participates in the leelin;; of sat-
islai'tion which it is fitted to produce than Mr. Mcl.ane.
lie es
id almo^'i
I insseli
I it to iiic
tall
east sidr
;i, w il 11 ;i
the SDlllli
aiicoiisci
mouth 1)1
1 thelicf.
1 Arro (111
liddle lit
11 lis. Ml
tivc
>1 IriemllN
t piitliii.i;
I'h mi;.;lil
taken oii
|.")1.'| 'No. i<;.
K.I t >iirt finm thr .s/jccc/i of Sir Rohirt iWl in thr Ihnisr of Cinnmous^
Moufhiy, 'lunr •_".», ISKt.
• • • Sir, if anything; loiild have indmud me to ien;n't that
decision on the part of the House which terminates the ;;overnment, it
Would have het-n the wish that we shonld survive tlm day when intrlli-
y:eiice mi<fht be r«'eeived from the I'nited Slates as to the result of i)ur
hist attempt t<i adjust the ilillerences with that country; <lin'erences
wliicli, unless speedily terminated, must pioliaUly involve both countri<>s
ill the necessity of an appeal to arms. The House will probably recol-
lect that after we had otVeretl to leave the dispute lespectin^' the terri-
tory (tf the <)re<;on to arbitration, and that oiler had been rejected, the
I'lesident of the liiift'd States sent a messa;;e to Conyfress, which led
to discussions with re<^'ard to the termination of the convention entered
into several years since, which pro\ iied for a temporary adjustment of
iiiir dilVerences — at least, for a temporary avoidanee of (piarrel — and en-
allied the two cmmtrles Jointly I Mcupy the territory of the Ore^'on.
The X\\^^ Houses of the Americai
i>ii
ress advised the I'resith'iit to us«'
Ills umpiestionable power, and X\ si^i^iify to this country the <lesire of
It 111 I ''"' '^ "•^♦'"l ^tiites to terminate, j 'N r 'lie lapse of a year, the existi
W'Z
(onvention. They, however, addi'n jo iliat advi<'e, which mi;;ht, perhaps,
(itherwise havii been considered tif an unsatisfactory ov hostile «liaractei',
the declarati«>n that they <lesired the notice for the termination of the con-
vention to be;;iven, in order that an amicable adjustment of the dispute
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54
NORTHWEST WATER liOlNDARY ARBITRATION.
ft!
'Ill'* wor<t
trmty w
l.y th
F-try.
I
between tlie two eountiies might thereby be facilitated. It appeared to
lis that the addition of that conciliatory declaration — the expression of
the hoi»e that the termination of the convention might the more stron^Jy
impress npon the two countries the necessity of amicable adjustment —
removed any barrier which diplomatic punctilios might have raised to
a renewal by this country of tlie attempt to settle our ditterences with
,„. the United States. We did not hesitate, therefore, within
iinr,.i',''un'>," two days after the receipt of that intelligence — we did not
hesitate, although the offer of arbitration made by us had been
rejected — to do that which, in the present state of the protracted dispute,
it became necessary to do, namely, not to propose renewed and
f.j3] lengthy negotiations, but to specify frankly and * without reserve,
what were tlie terms on which we could consent to a partition of the
country of the Oregon. Sir, the President of the United States met us in
a corresponding spirit. Whatever might have been the expressions here-
tofore used by him, however strongly he might have been personally com-
mitted to the adoption of a diftereut course, he most wisely and patri-
otically determined at once to refer our proposals to the Senate — that
authority of the United States whose consent is requisite for the con-
clusion of any negotiation of this kind ; and the Senate, acting also in
the same pacific spirit, has, 1 ha.e the heartfelt satisfaction to state, at
once advised acquiescence in the terms we offered. From the impor-
tance of the subject, and considering that this is the last day I shall
have to address the House as a minister of the Crown, I may, perhaps,
be allowed to state what are the proposals we made to the United States
for the final settlement of the Oregon question. In order to prevent the
necessity for renewed diplomatic negotiations, we prepared and sent out
the form of a convention, which we trusted the United States would
accept. The tirst article of that convention was to this effect, that —
From the point on the foity-uinth parallel of north Latitude, where the bomulary
laid down in existing;- treaties and conventions between Great liritaiu and the Tnited
Sta; ,s terminates, the line of boundary between the territories of her IJritannic Majes-
ty and those of the I 'nited States shall be continued westward along the said forty-ninth
parallel of north latitude to the middle of the chanuel which separates the continent
from A'ancouver's Island, mid thence southerly, through the middle of the said channel,
and of Fuca's Straits, to the Pacific Ocean ; provided, however, that the navigation of
the said channel and straits, southof the forty-ninth parallel of north latitvule, remain
free and open to both parties.
Those who remember the local conformation of that country will un-
derstand that that which we proposed is the continuation of
Sir Itnlx-rt PpcI V
,nur,mt,,i„n 111,,, tlio forty-uiuth i)arallel of latitude till it strikes the Straits
of Fuca; that that parallel should not be continued as a
boundary across Vancouver's Island, thus depriving us of a part of Van-
couver's I.sland, but that the middle of the channel shall be the future
boundary, thus leaving us in possession of the whole of Vancouver's
Island, with equal right to the navigation of the straits. * * #
Sir, I will not occupy the attention of the House with tlie mere details
of this convention. I luive read the important articles. On this
[54] very day, *on my return from my mission to I[er Majesty to otter
the resigiuition of Her Majesty's servants, I had the satisfaction
of finding an oflicial letter from Mr. Pakenham, intimating in the fol-
lowing terms the acceptance of our proposals, and giving an assurance
of the immediate termination of onr differences with the United States:
WAsntNGTOX, JiiHc 13, 184(>.
Mv Lom> : In ( onformity with what I had the honor to state in my dispatch, No. (>',
of tl'.e 7tli instant, tie President sent a ruessage on Wcdncstlay last to the Senate, sub-
MKMOKIAL OF TIIK. rXITEIJ STATES APPENDIX.
5.-)
iiiittiiifj lor tlio opinion ol'tliat body tlic di'an<4lit oi' a convtutioM for tlic scfllciniiit of
the Oregon (picstion, which I was instructed by your lordship's dispatch, No. I'J. of
the 18th of May, to i»roposo for the acceptance of the I'nited States.
After a lew hours' deliberation on each of tlie three days, Wednesday, Tlinrsday, and
Friday, the Senate, by a majority of thirty-ei<?ht votes to twelve, adopted yesterday
evening a resolntiou advising the President to accept the terms proposed by Her Majes-
ty's government. The I'resident did not hesitate to acton this advice, and Mr. l$u-
clianan accordingly sent for mo this morning, and informed me that the conditions
iill'ered by Her Majesty's government were accepted by the (iovernment or' the I'nitcd
Stat<'s, without the addition or alttMation of a single word.
I have the lienor to be, Ac,
11. PAKENHAM.
The Kight Hon. the E.vnr, av Aukisokkx, K. J'., kS;c.
Tliibs, sir, the governinents of two };reat nation.^i, iiiipellctl, I bolieve,
by the public opinion of each country in favor of peace —
by that opinion which ought to guide and influence states-
men — have, by moderation, by mutual compromi.se, averted
the dreadful calamity of war between two nations of kin-
tired origin and common langimge, the breaking out of which might
have involved the civilized world in general conflict. A single year,
[lerhaps a single month, of such a war would have been more costly
than the value of the whole territory that Avas the object of dispute.
But this evil has been averted coibsistently with perfect honor on the
part of the American Government, and on the i^art of tho.se who have
at length closed, I trust, every cause of dis.sen.sion between the two
countries. * * Sir, \ do cordially rejoice that, in surrendering
.'».■>] power at the feet of a maiority of this House, T have the *oppor-
tunity of giving them the official assurance that every cause of
quarrel with that great country on the other side of the Atlantic is
aniicablv terminated.
Sir UiiI.ert Pi-t-l
(i'-rliire^ every riiu'*.*
ot dir.^t'll'* inn t» H-
Iw.'i'ii llrrtaiij :iii.l
Alliecir;! at :in (Till.
tude, reniaiu
No. 47.
^[r. McLane to LoriJ r<(Jiiic)\s(oii.
July 1."., 184G.
* * The treaty, as concluded and ratified by the Tresident, appear-
ing to bo in all in respects identical with the project ad-
mitted of Her Majesty's (Jovernmcnt, the ratilication on rr..-','>i.MtniimM'h'e
the part of Her Majesty may be anticipated as not likely to .is'.'Ua'hir.iMUB
occasion any hesitation ; and the undersigned has been in-
structed to express a desire, on the ])art of the President, that he should
be able, before the adjournment of Congress, to acquaint that body with
the final consummation of an act which, he cherishes the hope, luay be
regarded as establishing the foundation of a cor«lial and lasting amity
lietween the two countries. # # * # »
i.OUIS McLANi:.
38 Harley Stiieet, July Hi, 1840.
5G
NORTHWEST WATER BOINDARV ARlilTRATlON.
No. 48.
Extract from IJx'ploration du tcrritoire fie VOregon, etc., cxi'cutec pemhuit
Ics annees 1840, 1841, et 1842, j>«r M. Dujiot dc Mofras, attache a la
legation de France a Mexique ; oitvrage publie par ordre du roi, sous k.s
auspices de M. le Marechal Soiilt, Due de Dahnatie, president du conseil,
et de M. le ministre des af aires etrangercs. Paris, 1844. Tome If,
p. 135.
Daus I'espacc qui s'cteiid de la terre forme jusqu'a la partie est de la
grande ile de Quadra, il existe une foule de petites iles qui,
ihr'.'i,-;'m,H' r.rFi'i'ro iiialgro Ics abris si'irs qu'elles off'rent aux navires, i^rt'sentent
a la navigation de grandes difliculties. Le passage le plus
facile est par le Canal de llaro, cntro Tile de (Quadra et Van Couvcr et
celle de San Juan.
loGI
*Xo. 49.
I'aley'ff Worls, edition of 1825, vol. it', page So.
II. lu what sense promises are to be interpreted.
^ I Where the terms of promise admit of more senses than
. npi' jr'ri'iR- p'roi'J, one, the promise is to be performed "in that sense in which
the promiser apprehended at the time that the promisee
received it."
* # m * " * * *
This will not differ from the actual intention of the promiser, where
the promise is given without collusion or reserve ; but we put the rule
in the above form, to exclude evasion in cases in which the popular
meaning of a phrase, and the strict grammatical signification of the
words, dift'er ; or, in general, wherever the promiser attempts to make
his escape through some ambiguity in the expressions which he used.
No. 50.
Secretary Monroe to the American commissioners for treating for peace
with Great Britain.
Department of State, March 22, 1814.
Gentlemen : Should a treaty be concluded with Great Britain, and
Ameri,an.o,nm,» R rcclprocal Fcstitution of territory be agreed on, you will
?sirto{?d,i;'n;!;i',',; bave it in recollection that the United States had in their
,ouihoH9 . possession, at the commencement of the war, a post at the
mouth of the river Columbia, which commanded the river, which ought
to be comprised in the stipulation, should the possession have been
wrested from ns during the war. On no pretext can tlie British gov-
ernment set up a claim to territory south of the northern boundary of
the United States. It is not believed that they have any claim what
ever to territory on the Pacific Ocean. You will, however, be careful,
should a definition of boundary be attempted, not to countenance, in
any manner, or in any (juarter, a pretension in the British government
to territory south of that line.
JAMES MONKOE.
II.
C ^ S E
Ol' Till',
GOVERMENT OF HER BRITANNIC MAJESTY.
8rHMITTKI> TO TIIIO
ARBITRATION AND AWARD
OP
HIS MAJESTY THE EMPEROR OF GERMANY
IX ACCOliUAN'CE WITH
ARTICLE XXXIV OF THE TREATY BETWEEN GREAT
BRITAIN AND THE UNITED STATES OF AMERICA
.SIGNED AT WASHINGTON, MAY 8, 1H71.
i
•'I
Carta
y 1792, 1
"t Madr:
TABLE OF CONTENTS.
CiiHeol tlie govermneut of iler JJritaniiio M.-i
estv ..
(Ji'fiiian Aiiicr.
I'llitioii. rditidii.
ItoIUGltoHl
A I^ 1> E X D I X .
N«». I.
Ailicles XXX IV to XLII of the treaty bctweou Groat Britain an.l the Unite.l
States of America, Bigue.l at WashinjitoM ou May 8, 1871 ! . . . . ... .-57 ^l
No. II.
Copy of treaty between (Jreat Britain and the United States of Anieri.^M
8i>,'ned at Washington on June 15, 184*>.... Anitiit.i,
No. III.
A narrative of the passage of His Britannic Majesty's ships Discoverv and
Chatham under the command of Captain Vancouver, througl 5be Sra s
t'S'liio S5t'^' Bir7h ^? the channel known .4 theVesent day
S 23 W and N 72 ^ 7^^^'''^/ 'n'*!?'''*^*^ ^" *V« ^"^i^nt Gulf of Georgia,
' ;}9 8i>
No. IV.
A namitiye of the voyages made by the Spanish vessels Sntiland Mexicana
in the year 1/92, to explore the Straits of Fnca. (Kvtraced from to
aeconnt of the voyage, publishe.l at Madrid in 1H02) .\ .1 . . . . " „ 41 88
No. v.
iiptaiu Swauson, Messrs. An-
iiariners, Ac, who have com-
igating tlie straits between
'•*^« 47 98
No. AT.
C H A n T s .
No. I.
vmo**^'*^'^"^*',^''^"^^^^^«"«^i""ento8 Lechos en la Costa \ O d
SS:l?02^)^''''''' '^"*^' ^' '^'''^■"•"«' y «*••«« l>uuue8 de ,^t- Sao
do America, en 1791
gestad. (Published
i
€0
NOETIIVVEST WATEU linlNDARV AKWTRATION.
No. II.
'1
A cliait sliowiiij; ))art oi' t!n' coaist of Xorthwowt America, with tlie tracks of His
Majcstj'.s wloop Diwovcry, and armed tender Ciiatliam, commanded by (Jeorjje \ an
coiiver, CM]., and i)repare4l under lii.s immediate insiiection by Lieutenant Jo.seidi
li.iker, in wliieli tlie contiuentHJ sliore has been traced and determined from Latitude
.')(t' ;5U' north and h)njj;itude 2'.U\ 1 "2' east to latitude .V* 15' north and lonjjjitnde 'j:i'^
10' east at the dill'erent periods shown by the trades. (Publislied at L()n(h>n in IT'J-.
Si> III.
Xiirlh Jinrriiii, ircxt count. — Ilaro and Jiosario Straits, surveyed l)y C.'ai)tain O. II.
liichards and the olHcers of Her Majesty's ship Plumper, iHi'iH-T)'.); and tlie short s m
Juan do Tuca Strait to Admiralty Inlet. (From Captain H. Kellett's survey, 1847.)
No. IV.
Aiwrtca, norihircHl <oaxi. — Strait of Juan de Fiiea, surveyed by Captain Henry Kel-
Ictt, li. N., 1H47; Haro and Kosaiio Straits, by Cai)tain (I. H. IJieJuirds, K. N., 18.>-
Admiralty Inlet and Puf^et Sound, by the United States expiorinj; expedition, l."<41;
south coast of Cajie Flattery, by the same, in l^.jIJ.
No. V.
Map of Oregon and I'pper Ca.lifornia, front the sinveys of John Charles Fremont
and other authorities. (Drawn by Charles Preuss, uuder the orders of the Seuati:
of the United States. Washiugtou Citj, 1848.)
:•-']
i'ASI-: OF THE GOVERNMENT OF HER RiaTANNIC MA.IESTV.
\3
leclitiou, 1841;
:);it,.l 4
His ^liijesty the Einj)en)r of (lOiinany having ctmsoiitcd to .iccept
the otUcc of arbitrator between the (fovermneiit of tlie LTiiited States
of America and the Government of Her lUitannic Majesty, nnder the
provisions of Article XXXIV of the treaty conchided at Washinp;ton
on the Sth May, 1S71, between the United States and Her JJritannic
Miijesty, the (lovernment of ller IJritannic ^Majesty snbmits to the
coiisideration of His Majesty the Emperor of (lermany, in pursnanee of
Article XXXYI of tlie said treaty, the following case :
TFIi: QUESTION FOR DKC'ISIOX.
Tiie <inestiou snbmitted to the decision of His Imperial ^lajesty
attccts so much of the boundary-line between Uer Britannic ]\[ajesty\s
possessions in Xorth America and the territories of the
United States as is comprised between the continent of
America and Vancouver Island.
The boundary-line is described in the treaty between the
United States and Great liritain, of June L"), 184(), in the
following general terms:
TKKATY OF JL'XF 15, 1846.
From tlio point on the forty-ninth paralkl of north latitndo, wlioro ^ |^ ^
tho bounda ; lino laid down in exi.stinfj treaties and conventions
['i] between *Great Britain and tho United States terminates, tho lino of boundary
between tho territories of Her Ikitannic Majesty and those of tho United States
sliiill be, continued westward, alonjf the said forty-uinth parallel of north latitude, to
tlie middle of tho channel ■which sejjarates the continent from Vancouver Island,
and thence southerly, throngfh tho middle of the said channel and of Fnca's Straits, t<>
tile I'acilic Ocean ; provided, however, that the navifration of the Avhole of tho sa'd
iliannel .and straits south of the forty-ninth parallel of north latitude remain free and
"IKii to both parties.
The question more immediately submitted to the decision
of His Imperial Majesty is described in Article XXXIV of
the treaty of Sth May, 1871, in the following terms:
Ai.|"'ii.li\ N'
AlM>'li,i,j( Nu. 1.
TIIEATY OF MAY C, 1871.
Whereas it was stipulated by Article I of tho treaty concluded at W,^shin<i;ton on
tlu' ir)th June. 1H4(!, between Her Britannic M.'ijesty and the United States, tliat tho
hue of boundary Itetween the territories of tho United States and those of Her I'.ritan-
iiic Majesty, from tho point on tho forty-nintli parallel of north latitude, up to which it
liad already been ascertained, should be continued westward alontj tho said parallel of
north latitude to the middle of the channel which separates the continent from Van-
couver Island, and thence southerly thronffh the middle of tho said channel and of
Fiica Stiiiits to the I'acific Ocean ; and whereas tho commissioners appointed by the
two hijjh contracting parties to determine that portion of the boundary which runs
southerly through the middle of the channel aforesaid were un.ablo to aj;ree upon tho
winie; and whereas the jjovernment of Her Britannic Majesty claims that such bound-
iiry-lino should, under tho terms of tho treaty above recited, bo run through the
l.'osario Straits, and the Goverinneut of the United States claims that it should be run
through the Canal de Haro, it is agreed that the respective claims of the government
of Her Britannic Majesty and the (Government of the United Stat?s slitiU be sub-
[•!] mitted to tho "arbitration and award of His M.ajesty tho Emperor of GermaJiy,
who, having regard for the above-nuMitioned article of tho said treaty, shall
(li'tide thereupon finally and without appeal whicli of tliose claims is ijujst in accord-
ance with the trne interpretation of the treaty of .June l.j. 1840.
or
C'J
NOIMIIW KSI' WATKW HolNDAIiV AK'l'.ITRATK »N.
rt. will l>i' ohscrvcil by His Iiiipi'iiiil .\riij(v-.ty, tliat wluMvas the ticiitv
ul' . I line, ISK;, speaks only ol' the eliaiiiiel wliieli separates the eoiitiiieiit
tVoin N'aiieouvt'r Island, throiiyh the middle of whieh the l»oinnlar\
lino is to l>e niii, the treaty of 1S71 speaks of the K'osario Straits ami
the Canal de Ilaro as if there was mori than one channel between the
continent and A'anconvcr Island thronj^h which tiie boundary line niiiy
be run and Iw continned thron.uh the middle of [''ilea's Straits to tln^
Pacific ( )ceaii.
It will be '•onveiiieiit. therelbre, to biiiiii' to the attention of liis tin
l>erial .Majesty at once the hydroni'aphy of the entire spiici- between tlic
continent and Nancomcr Island south of the forty-ninth parallel ni
north latitude, accordinj^' to the best information which is in the jms
session of Her .Majesty's ^■o^•ernlllent.
TIIK SlK'All' OF (IKOIMIA.
The forty-ninth parallel o!' iiortii latitude, conliiiiied west wardly, ac
cordiii;;' to the provisions of the tvciitv of .Iiiiie \~), iSlil.
strikes the upper waters of the ancient (liilf of (Jeoryiii,
(lesi;L;iiated l)y the Spaniards VA Canal del J.Josario, in Seiniahmoo JJii\.
These waters are now termed, in British charts, the Strait of (leorjiia.
CoiitimuMl across that bay. the parallel line intersects a narrow i)eniii
sula, the extreme of which was named, by \'ancouver, J'oint Kobeifx,
This i)oint extends about one ami tliroe-(iiiarter miles (ICnolish) south nt
the ]»arallel line. Continued across the Strait of Cii'()rfi,ia, the parallel
line strikes at an acute an.yie a line drawn southerly through the middle
of the channel.
IJespectinji' so much of the bi)undaryliiu^ as extends to the miihlle dl
the Strait of (ieorj4ia, theii'- is no contio\'ersy between the lii;nh con
tractin,!:;' parties to the treaty of June 15, 1 SKI, that it terminates at a
])oint on the i»arallel of ti»^ north latitude in the miiUlle of tlu'
1 4] Strait of (Jeorj;ia. Jt is with re,!4ard to the line to l)e *dra\vii
southerly from the parallel of -10- north latitude through the mid
die of the- channel that the commissioners of the high contracting par-
ties have been unable to agree. The true direction of such aline drawn
toward the Strait of I'nca would appear, from a survey of the waters,
to be southeast by east for a distance of al)oiit nineteen miles, where tlu'
Strait of (Jeorgia gradually (*xpands to a width of nearly forty milos,
and may be saitlto lose the characteristic features of a single strait.
The space now entered upon is encumbered by numerous islands,
varying in si/e and character, among which are tliree navigable chan-
nels leading into Fuca's Straits.
The most eastern of the three channels has been of late termed in
JJritish charts the Hosario Straits, and in American charts llinggold's
Channel. The most western is termed in JJritish charts the IlaroStvait.
and iu American charts the Canal de Arro. The latter term has heeii
borrowed from the Si>aniards, who term the lower part of the strait tlic
Canal de Lo[»ez de Ilaro.
There are, besides, other narnAv passages ; but they may scarcely he
considered as highways for ships passing from the Strait of Georgiii
into Fuca'S Straits.
THE KOSAiao STK'AIT.
From a point midway between Saturna Island and the continent ami
four miles (English) south of I'oint Whitehorn, on the shoro
of the continent, the waters of the Strait of (Jeorgia mery\'
CA8K OK <;ri:at immtain.
Cu]
iiiablc cliiiii-
oil aliiio.st the .siiiiie line of iK'uriiij; (southoiist by cast) into tliu.^c <»t tlif
Kosario Strait, jiassinj:- eastward of tlie siiiall islands of I'atos, Siiria,
Matia, and Clai k, tlienct between the hiiye ishmds of linniini and Oreas.
At I'oint Lawrenee, which is the eastward ]>()int of < >n'as. tlie strait
trends a little westward of soiilh for tiiree or four miles, (l'ji;;lisli,) and
tlien leads by a dne south course into the headwaters of the Straits of
Faca, the whose distance from the jtoint al)(t\i> nienlioiu'd as where the
Strait ol' (leoruia iner;^'es in the IJosario Strait, i)ein,y thirty niili's, (^ICim-
lish.)
'flic width of the IJosario Strait \aries from six to one and oiu'-tiiird
niih's, (ICn^lish.) .Vt its northern entrance, lietwi-eii the island oi
.")] Sncia and Sandy I'oint. on the *eontinent, it is six ndles (i'lnuiish;
across: but the .Mden Hank lies almost Ijctweenthosc two points.
There is, however, u clear ])assaiie of four nules (ICn^lish) eastward of
llic hank', and a ])assaj:'e of one and a half miles (I-Ji.t;lish) westward.
Till' least water on the shoal i)art is two and one-fourth fathoms illn,:;
iisli.) The l)ank itself is an extensive ])ateh, beinj-- two and a half miles
.lliiulish) noi'th and south, and more timn one mile (Mn^lish) east and
ui'st. On the ;nieater ]»art of it. anclHuaue may be liad in iVom li\i- to
niiie J'athonis, ( l']n<;lish.)
The bank is not really an im]>edinieiit to the cliannel. The shoal part
III' it. which woidd be «lan,^■erou.^ to a shii», is of small extent, and is
I'iisily iivoided by j^ood natural leadin^'inarks durinj;' tlie day, ami by
the lend at inght: ^vhile it is a manifest advantage to a sailing-\('ssel to
ill' able to aiu'hor in a moderate dejith should calms, strong tides, oi
l'o,i;'s I'cmler it desirable, ami ^vhen it Avoidd ])robal)ly be imi)ossiblc to
fetch a harbor. The width of the Jfosari* Strait, southward of the
Alden Uank, .soon decreases to three ami a half miles ami two miles,
iKiiglish,) which latter is about its average l)readth. JJetween Cypress
and Jilakely Islamls it is as narrow as one ami one-third miles; but
sueii opens out again to two and a half miles. The Uird ami Uelle
liocks lie almost in the center of the strait, three ami a hall' nules (I'lig-
lisli) within it.s .southern entrance. The former is an extensive rock, 1 ">
I't'i't above high water. The latter lies north-northeast of it, more tlian
lialiamile. (English,) and is covered until near low water. The tides,
which sweei* with considerable .strength over these rocks, are ealcidate<l
to render the passage between them dangerous to sailing-vessels in
calms or fogs ; but there is a good passage on either side of them ; that
to the eastward of them being one and three-fourths nules (English)
wide, while the width of that to the westward is one ami a half miles,
(English.) The AViiliamsou and Denis lloeks, which exteml about (tne-
tliird of a mile off the soutUwe.st side of Allan I.slaml, are easily avoide<l.
The former is 22 feet above high water; the latter awash at low spring
tides.
The Davidson I'ock, occasionally uncovering itself at low spring tides,
lies three-fourths of a mile (English) east by south of (Jolvilie
i'»| Island, *and is easily avoided, as it is marked by kelj). The only
other hidden danger which has been discovered to exist in JJosa-
rio Strait is the Painuna Iveef, which extends one-third of a mile (iCng-
lish) ofl' the northwest end of Siiudair Island. This reef is marked l)y
keli), find uncover.s itself at low water. A rock, also, which is about the
fiame^ distance west of Jloek Islet, near the north end of Cypress Islaml,
is also marked by kelj), and uncovers itself at low water.
The tides in Itosario Strait run v.itli considerable .strength. In the
narrow part between Cypress and Ulakely Islands they have been found,
during .spring tides, to excee<l six miles (English) an hour; in other
'-''•'
^i^
i;::;
J, K|
(14
NORTMWKST " ATKR HOINDARY AlffUl RATKj.N.
I
l>iuts (»f th«' strait tlicir velocity is fVoiti two to liv<! niilrs, ( l-hi^jlisli.)
The (loptli oi' water, however, Weiii;^ from twenty-live, to tliirtytive liitli-
oms over the jjreater jmrt of the strait, a<lmits of vessels aiiehoriii^' any
where, if it sh(mhl be necessary; but tlie jnost desirable stopiun^'placcs
are Fidalyo Uay, on the western sitle of the island of the same name;
Walmouth JJiylit, on the southeast side of I^opez Island; the (Ineiiics
I*assaj;;e an<l Strawberry JJay, on the west side of Cypress Island.
Tin: (ANAL l»i; llAl.'n.
On the other lian«l, the Canal de Ilaro, from the point where the
Strait of (Jeorgiii niav be said to lose the eharaeteristic
Cll T * S ' 1 *
features of a sinji'le strait, takes a direction about southwest
and a half south between the east point of Saturna Island and the small
j'sland of I'atos, for a distance of ei}i;ht miles, (Knylish;) it then turns to
the westward, and runs in a direction southwest by west for ahnost an
e(|ual distance, until between Stuart and ^Moresby Islands, where it
turns to the southward, and runs for a farther distance of about twenty
miles, (Hnjilish,) trending;' to the scmtheast, when it strikes the Straits ot
l^'uca.
Tin* width of the Canal de Ilaro at its northern entrance, between
Kast I'oint and I'atos Island, is two and one-half miles, (Knj;lish,) wluiv.
trom th(^ strong tides and irrejjiularity of the bottom, heavy races occur:
about the same width is carried tor twelve miles, (Ku<^iish,) when.
|7| between Turn I'oint and Moresby *lslaud, it decreases to some
thing less than two idles, (I^^nglish,) and the narrowest i)art.
which is bet\M'en Situart Island and Cooper's Ueef, is one and tiircc
fourths miles, (l-'nglish.) After ])assin<;' south of Henry Island, it gradii
ally widens, and is inor*! than six miles in breadth when it enters tin'
Straits of Fuca.
The water is deeper and the depth is more irregular in tlie (^'anal de
Ilaro than in the liosario Strait, and though the tides run with about
equal velocity in both, the former is more subject to irregularities aii<l
races.
The eastern or San duan shore of the canal is bold and steep.
After passing San Juan, when northward of Jleiiry Island, very stroiiu
and irregular tides are met with, and there are rocks otf Spieden Island
which must not be approached too close.
Off Turn Point, on Stuart Island, there are strong whirls and eddy
tides; and, unless with a commanding breeze, a sailing-vessel is liable
to be turned round by them and lose the power of her helm.
On the western side of the canal the principal dangers are —
The Zero llock, and its neighboring shoals in Cormorant Bay ; also
the Kelp Keefs, which extend southward and eastward of Darcy Island.
Cormorant Bay, however, affords good anchorage. To enter it vessels
may safely stand in midway bet^veen Gordon Head and Zero Rock, and
anchorage in nine fathom.s, where they will be free from any consider-
able tide. The Low and Bare Islands, northward of Sidney Island,
should not be approached very close, and Cooper's Beef should be par-
ticularly avoided. The Hood-tide sets strongly to the northwest through
the Miner's Channel, and sailing-vessels would be very liable to be sit
into it during light winds.
riumper Sound, on the northern side of the bend of the strait, between
Stuart Island and the east point of Saturna Island, is a good anchor-
age, with a moderate depth of water for vessels .seeking shelter, and oiio
CASK t)V anV.VV 111?! IAIN.
ol'tlio few iimoiii;' tlio <:froii|) of islands, \vlii(!h is of easy acci'ss to a sail-
In }?- vessel.
|,S| ( (twlitz I'lay. on tlit- wt-sicni side of VN'aldron "Island, is also an
cxccllcnf sto|»|)in;u plaiT, easy of aeccss oi' i'^rcss.
Tlicri' are two small anchorages in Stnait Island, Keid and I'revost
Harbors, Imt they aic only suited to small vessels or steamers.
A vessel passin;^' tliroiiji'li the Canal de Ifaro may seek shelter in any
lit the al>o\-e mentioned anehora;ies, hut the ;;reat depth and ii're;;nlar
iialiue of the bottom \\o(dd render it impossible for hei' to an(dior any-
where in the main channel.
Such is the most complete account which Mer Majesty's (iovernment
is al)le to lay before Mis Imperial Majesty respectinj^' the hydrography
of the two «'hannels which are in conti'oveisy.
(n;i<;i\ OK Tilt; namks df 'iiik two ciiawki-s.
With I'efi'ard t(» the oii^in ol' the respective names of the two <'hann(ds
there is some iiiMcrtainty. ]''i'om an acc(Mint published by Mr. Kobert
(ireenhow, the librarian of th«^ J)epartment of State of the United
.States, in his " llistoiy of Oregon and Calilornia," (Boston. ISlo,) it
would appear that, in the summer of 17!M>, an .ittemi)t was inadi^ by the
S]»aniards to explore, the waters supposed to be identical with a nortji-
west jtassajie leadinj; into the Polar .Sea, whi di, aiuiordinj;' to an ancient
tradition, had been <liscovered in thesivti 'nth 'cntary by a (ireek pilot,
called conimonly .luan de J''nca. I''or tint purpose, ti> (piote Mr. (Ireeii-
liow's v.iM'ds, (History, ]). -21,) " Klisa, the commandant of Nootka, de-
taclicd Lieutenant (^uimper, in the sloop 5'iincess Jloyal, who tra(!ed
the passa;;e in an east wardly direction, examiinnj^ both its shores to the
(listan<'e of about a hundred miles from its mouth, when it wasobserved
to branch off into a nundter of smaller passages toward the south, the
cast, luul the north, some of which were channels between islands, while
others appeared to extend I'ar into the interior. (,)uin>i)er was unable,
froui want of time, to penetrate any of these passages ; and he could do
110 more than note the positions of their entrances and of .several harbors,
all of whic.'h are now well known, though they are generally dis-
fO| tinguished by names *difterent from tho.se assigned to them by
the Spaniards. Among these passages and harbors were the
("anal de Caamano, afterward named by Vancouver Admiralty Inlet ;
th(^ IJoca de Flon, or Deception I'assage ; the Canal de Guemes, an<l the
Canal de Ilaro, which may .still be found nnder tho.se names in English
charts, extending northward from the eastern end of the strait; i'ort
Quadra, the Port J^iscovery of Vancouver, said to be one of the best
harbors on the racitic side of America, v, ith ]*ort (>)uimper near it on
the west ; and Port ISunez (hiona, called I'overty Cove by the American
I'ur-tiaders, situated a few miles east of Cape Flattery, where the Span-
iards attemi)ted, in ]7!»L*, to torm a settlenuMit. Jlaving ])erformed this
duty as well as possible, nnder the circumstances in which he was
l>laced, (Juimper retnrned to Nootka, where he arrived in the beginning
of August."
It is probable that it was npon the authority of Quim])er, who was an
ensign of the royal navy of Spain, that the nam ? of the Canal de Jfaro
was given to the strait which .separates Vancouver Island from the
island of San Juan, in the Spanish chari of the discoveries made on
the northeast coast of America, annexed to the narrative of
the expedition of the Spanish exploring vessels, Sutil and on.i.N,,. i
Mexicana, which was published at Mad 'id in 1802, by order of the King
of Spain.
5 D
!1PP
(yii
NOIITHWi:,ST WATKR l{Oi:NJ)AKV AKMUTUATIoN.
I
:;!h
A i'i'«"ii<li\ \'i. 1.
A very brief allusion is iiuule >ii tlie (list eiiapter ot" that narrative to
(^Miimjier's exiiedition. lie is stated to have sailed from
the Tort of NootUa on 3Iay .'Jl, ITltO, to have reeoiinoitercd
the I'ort of Claueaud, (in Van<!onver Island,) to have entered after
ward into the (Janal of Fuea, to have visited certain ports and jiart of
tiie coast, to have taken surveys, and to have retired on the 1st ot
Aufiust, til 3 weather not perniittiny' him to continue his labors.
Mr. (Jreenhow cites, as his authority, the journal of (^uiniper's voy-
a};e, among the manuscripts obtaiiu'd irom tin) hydroj;^ra[»hical depart
nient at JNladrid.
On the other hand, the name of L'osorio Channel appears, from tlio
narrative of the Sutil and iMexi(!ana, to have tuiginated with
1 101 Lieutenant *I'ilisa, who, prior to the arrival of those vessels, had
penetrated into the uppei- waters, now called the Strait of Georf-ia.
and had given to them the nanu' of '• El Canal del JJosario."
That mime is accordingly given to those waters in tlic
chart which represents the course of that expedition. Vancouver, on
the other hand, in his chart, to which, reference will W
nuide hereafter, assigns that nau)e to certain narrow waters
farther north, which separate the continent from the island now caliod
Texada. How the name has come to be applied in modern days to tlio
waters of the Strait of (Jeorgia, as they are traced southerly throuiiii
the islands until they Join the head(|u.arters of the Straits of Fuca, does
not api»ear. No name was in use at the time when the treaty of Juiif
lit, 184G, was concluded, to distinguish these waters from the uppm
waters. Tlwjaet, hoicenr, is clcar^ that the name assUjncd hy the Spaniards
to the upper waters of the ancient (iulf of (ieorgia is used in the present
(lay to denote the channel irhich Her Majestifs yorernment maintains to he
the true continuation of that strait.
The expedition of the Sutil and ^Nlexicana, in 170-, api>ears to have
\„p,n,i,xN.. I, ascended the Straits of Fuca to its headwaters, haviiij;
'"'""''• touched tirst at Fort Cordova, (now Fsquimalt Harbor,) at
the southern extremity of V'Uicouver Island. It thence proceeded he
tween the Island (►f iJonilla (Smith's Island) and the southeast point ot
Lopez Island, at that time believed to be one and the same island witli
San Juan, until it reached the mouth of the Caiud de (hiemes, whicii
separates the Island of (luenies Irom the continent. The expedition
then passed up that strait into the " Seno de (laston,"' now Uellinghaiii
liay, ami thence along the i)assage which separates the islaifd ol
Facheco (now Lummi Island) from the continent, into the upper waters
now known as the Strait of CJeorgia. The two vessels contiiuied their
voyage onward in those waters past the promontory of Cepeda, after
ward called Foint Koberts by Vancouver, and were employed in recoii
noitering the IJoca de Florida, the tirst large inlet north of I'oint Fob-
erts, when they were Joined by Vancouver.
[IIJ The expedition uncler Vajicouver, after making *a complete
survey of the Strait of Fuca up to its headwaters, had
also passed onward through the channel between the
the northeast point of Lopez Island and the continent ; but instead ol
directing its course eastward, like the Sutil and Mexicana, on reachiiii;
(luemes Island, it continued its course northward along the main
channel, which separates lilakely Island from Cypress Island, and
anchored in Strawberry Fay.
Thence it pursued its course between Orcas Fsland and Lummi (Ta
checo) Ishuul, until it reached Jiirch Fay. Fassing onwaid, it pursued a
north and west course jtast I'oint Koberts, and fell in with the Sjianisii
So -J.
CASK OF (;i;eat Britain.
fi7
vessels Siitil and Mt'xicjina, a.s alivady iiiciitioiicd. olV tjic first large
inlet north of Point Ifoherts.
Tin* narrative of N^ancouver's expedition was made imUlie in 17*.».S, and
there was annexed to it a ehart, in which the eourse of the ex[>editiim
is traced throngh the present Rosario Strait, and son nding's are given
at the enirani (! and in various ])arts of that strait, and in the upper
waters of the ancient gulf in continuation of that strait.
The name of the Canal de Arro ai>pears also in this chart, assigned to
the lower ]>art of the strait which separates Vancouver Islaml from
t^an Juan; but the parts on the west and north shores of these waters
are not shaded, intimating that Vancouver derived his information from
Spanish authorities.
No soundings whatever are given of the Canal de Ilaro, either in
Vancouver's chart or in the Spanish chart annexed to the inirrative of
the voyage of the Sutil and ]Mexicana.
The chart of Vancouver, in w hich the soundings, as above mentioned,
are laid down, has been the guiding chart for all Dritish
vessels navigating the waters between the continent and
Vancouver's Island from 171)S until some time after 1847, when a more
accurate survey was made of the Strait of Fuca by Ca])tain Kellett : and
there is evidence preserved in the logs of vessels in the service of the
Hudson's liay Com[)any prior to that year that it was their invariable
practice to use the Kosario Strait as the leading channel from Fuca's
Strait into the upper waters now known as the Strait of Ceorgia.
iL'J *Mr. Greenhow, in his 'Olemoir on the Northwest Coast of
Xorth Anu'rica," (Xew York, IHii),) page l.'iO, says that "the ob-
servations of Vancouver form the basis of our best maps of the west
eoast of America, from the thirtieth degree of latitude to the ni.rthern
extremity of Cook's inlet, as also of those of the Sandwich Islands, which
he surveyed with care. The maps contained in the atlas annexeil to the
jctmnal of the voyage of the Sutil and Mexicana are nearly all copied
from those of the British navigator.*'
kx'|'i:nt of ffcas sriiAiT.
It will have been observed by His Imperial Majesty that Her ]MaJes-
ty's (iovernment, in si>eaking oi' Fuca's Strait, uses that ex-
pression to denote the iidet of the sea whiidi extends from
• 'ape Flattery to Whidbi^y Island, whiijh lies off the American conti-
nent. The utmost length of Fu(;a's Strait would thus extend over about
- - .V of longitude, eipnd, in that latitude, to about SO miles, (lOnglish,)
when it merges, at its southeast extremity, in Admiralty Inlet, and at
its northeast extreinitv in Kosario Strait.
lii..rt N". H.
NAVIGATION OF FCrA'S STlf.MT.
The Rosriio Strait and the Canal de Ilaro are l»oth of them connected
iiinnediately with I-'uca's Strait, so tlmt it is possible for a
vessel setting out from a port on either sick', of tin; channel, '^ ' ' ^
under the i'.Hh ])arallel of north latitude, to i)ass by either of these inter-
vening channel" into l''uca's Strait, and thence to the Pacilic Ocean;
with thisdiJVerence, however, thata vessel ]i((ssin(f doini the Jiosnrio IStrait
w((uld enter Fiu'a's Strait at its eastern end in about 121'^ 47' west lon-
gitude, the proper and safe course for such a vessel being to the east-
ward of Davidson's Hock, at tiio distance of about 1 mile south of Cape
Co.ville, and .so ivould have to navigate the inhale of Fuea\s iSt rait ou its
68
NORTHWEST WATER BOUNDARY ARBITRATION.
11
way to tlie Pacific Ocean, whereas a vessel passing down the CaimJ
[loj tie Jiaro can keep a safe *course between Discovery Island and
the Mi(ldh> Bank, and enter the Strait of Fiica in about 123o Ki'
west ionyitnde, and so would only he ohlU/ed to naviffate ahout tico-tliinh
of Fuca^s iStrait on its way to the J'aciflc Ocean. On tho
(hart N,,. ) other hand, a vessel entering Fuca's Strait from the Pacific
Ocean, and bound vp tite liosario atrait by night, after making the light
upon ]{ace Island, would have to make tlie light upon New Dungeness,
which is about 70 miles from Cape Flattery, and then the light upon
Smith or Jilunt Island, which lies almost in the centre of the east-
ern end of Fuca's Strait and about (J miles from the entrance of the
Kosario Strait. Having made Smith's Island, the vessel may pass safely
either to the northward or the southward of it, according as the wind
may allow. In the former case she would probably have to pass within
.'J miles of Cape Colville before she can enter the Itosario Strait.
On the other hand, if she is obliged to keep a course to the southward
of Smith's Island, she would probably have to pass within 3 miles ot
Whidbey Island before she reaches the entrance of the Kosario Strait.
She might thus be obliged, in one or the other case, to navigate within
the three miles limit. On tlie contrary, a vessel entering Fuca's Strait
from the ocean, and bound up the Canal deHaro, will not be under any
necessity to pass within territorial waters on either side of the boundary
line in order to reach the entrance of the Canal.
i ! i
6 I I
Having thus, in the first place, brought under the consideration ol
His Imperial Majesty the physical features of the waters through whicli
the boundary line is be drawn, pursuant to the provisions of the Treaty
of the l.^th June, 1S40, Her Britannic Majesty's Government proi)oses.
in the second place, *^o submit to the consideration of His Imperial
jMajesty certain rules of interpretation which, in the ojjinion of jurists
of the highest authority, are applicable to the interpretation of Treaties,
and which, in the opinion of Her Britannic Majesty's (Government, may
be i)roperly invoked to elicit the true interpretation oithe treaty of tin-
loth June,' 184G.
[14]
-RULES FOR THE INTERPRETATION OF TREATIES.
There are certain a<lmitted Kules to which Her Majesty's Government
invites the attention of His Imi)erial ^Majesty, as proper to be observed
in the interpretation of Treaties:
1. The irords of a Treat}/ are to he talen to he used in the sense in which
theij were eommonli/ used at the time when the Treaty w<(s entered into.
In artirniatiom of this rule, Vattel ( 1. ii, chap. 17, sec. L*71) writes : " in
the interpretation of Treaties, conjpacts, and i)iomises, we
Ml. ought not to deviate from the common use of language un-
less we have very strong reasons for it;" and in illustration
of what lie means by "the common use of language," he goes on to say.
in section 272, "The usage we here speak of is that of the time when
the Treaty or the Deed, of whatever kind, was drawn up and concluded.
Languages incessantly vary, and the signification and force of words
changes with time."
Vall.'l. 1.
Hll.
CASE OF GREAT BRITAIN.
69
ica's Strait
2. Ill interpretinff any expressions in a Treaty, rcyard must he h'td to the
context and spirit of the whole Treaty.
In aftirmiition of this rule, Vattel (ibid., sec. 285) writes as fol-
lows: V;,ttH|,,L,„l., „.,■.•.'*•..
It fipqiiently happens Miat, with a viow t , ('oiiciHeiiess, p(M>ple express imppilectly,
and witli some dt^f^reo of obscurity, tliiii<^s wliich they suppose to be sutliciently eluci-
(liitt,'<l by tlie pnicedinjj; niatt«ir, or which tliey intend to exphiin in the se<iuel ; and,
moreover, words and <'xpressions have; a ditt'ereiit force, sometimes even ji quite difter-
tiit signitication, according to the occasion, their connection, and their rehition to otlier
worfls.
Thi! connection and train of the discourse is, therefore, anotlier source of interpre-
tation. W(! must consider the whole disconise tojj;ether, in order pertectly to ((Miceivo
tiie sense of it, and to jfive to each exi»ression 'lot so much the sif^nilication which it
may indivichially ndniit of, as that which it onj^lit to have from the context iind spirit
of the dis(;ourse. Such is the nuixim of the Roman hiw : "Incivih- est, nisi tota
[I.')] h'<?o p(!rspe(,'ta, una aliijua particuhl ejus pro[iosilA, *judicartj vel respondere." —
(Diyest, 1. i, tit. iii, De Leijibus, h'g. 24.)
3. The interpretation should he drawn from the eonnection and relation
of the different parts. . /
Upon this rule, Yattel (ibid., sec. 2SG) writes as follows: ,r':',:,'''',4; ''''''''
Tiie very connection and rehition of the tliinf;s in (juestion lielps also to discover iind
r-.ta))lish th<! true seiisi' of the Ti'eiity or of any otiier pi<!ce. The, interprt^tation ou^ht
til be HKub; in sncrh a manner that all the ])arts may appear consonant to each other — '
iliat what follows may agree with what ]ueccde<l, unless it evidently apjiear that, by the
-liliseipient clauses, tlie parties inten(b'd to nuike some alteration in the preceding on(;s.
li'f it is to bt! presumed that Miti authors of a deed had an nniform an<l steady train of
iliiiiking; that they did not aim at inconsistencies and contradictions, but rather that
ilii'V intend».'d to exitlain one thing by another; and, in a word, that one and the same
spirit reigns throughout the same production or the same Treaty.
4. The interpretation should he suitahle to the reason of the Treaty.
Ill illustration of this rule, Vattel (ibid., sec. 287) writes: v.tt.i ii. ...jHr.
The reason of the law or of the Treaty — that is to say, the motive which led to the
laking of it and the objeitt in (contemplation at the time, is the uu>8t certain clius to
iiil us to the discovery of its true meaning; and great attention should be paid to
II
le circumstance whenevi^r there is question either of explaining an ob.scure. ambigu-
ous, indeterminate i)assage in a law or Treaty, or of a|iplying it to a iiarticular case
W(« certainly know tlu! reason which
lien onc<
iitlliflici; ,>I'«V11(1III1\ l\ll,Fi, III,; i,ii>-,, fii ,,iiii.iifii,fii,Tiiiif-,, 1,^1, 111;
■isoii speaking, we ought to inter|»ret and apjtly his words in t
at reascui ahme ; otherwise, he will be niaile to speak and act c
one has determined the will of the
I nuinner suitable to
contrary to his inten-
W
1"
til
lion, and in opi>osition to iiis own views.
I'nrsuant to this rule, a prince who on granting his daughter in nnirriage has jn'oni-
i-i'd to as.'-ist his Inteinded son-in-law in iill his wars, is not bound to give iiim any
assistanc(> if the marriage does not take pho'e.
[I'i] 'But we ought to be very certain that we know the Uwo and only reason of
the law, tlni promise, or tht( Treaty. In imitter.s of tliis natiu'e it is not aliow-
:ible to indulge ill vain and nncertain conjectures, and to supi»ose reascms and views,
"hen; tluji'e jire noim certainly known. If tlm piece, in (|uestion is in itself obscure —
if, in order to discover its m<,'auing, we have no other resourc(; than the investigation
of the author's views or the nu)tives of tin; d(>e<l, we may tiwMi hav(! recourse to con-
jecture, and, in default of alisolute certainty, adopt as tlu! true im-aning that which
iias the greatest degr(!e of proiiabiliry on its side. But it is a dangerous abuse to go
without necessity in search (»f nu)tives and unttertain vimvs in order to wrest, restrict,
or extfuul the meaning of a deed, which is of itself sulHciently clear and carries no ab-
sinility on tlu^ faces of it. Such a procedure is a violation of that incontestable nnixim,
tiiat it is not ullowablo to interpret what ha.s no need of interpretation.
It may be observed, by the way, that the motive of the Hifth ('ou-
tractinjif Parties to the Treaty of 1S4(J, aud the object they bad in view,
are explicitly stated in the L'reaiubleot the Treaty, so that it will not be
necessary for Flis Imperial ^Majesty to travel out of the v.ords of the
Treaty itself, for the purpo.se of ascertaining- tlu^ rea.son of it.
m
\4
4'
i
.8
I V,,,
i
70
NORTH\VE.ST WATKR BOUNDAKV ARHITRATION.
.">. Treaties are to he interpretett in a favournUh- rather than an otiioiis
sense.
Ill illiistiiitioii of this inU> Vattcl (il)i<I,, sec. ',M ) \viit«'s:
V,itl.-I. I. ., ili.ip.
It will not ln! (lifiiciilt to sliow in ycntTal \\li;it tilings aii.' fjivonriiMf. and what are
«)(lioii8. Ill the first iilacc, i'\ civthinj; tiiat tends to tiif coininon advanta^;!.' in (.'onvt-ii-
tionis, or that lias a teiuliMicy to jdacf IhcContractin^f Parties on a l'ootin<;' of ei|iiality.
is favourahlc. The voiee of eciiiity and tlie <j;en(ial rule of contracts lecinire that tin-
conditions Itetwcn the jiartics should be e(|niil. We aro not to Mresmne. without very
strong reasons, that one of the C )ntractin;; I'artiesinteiuhMl to fav(nir the t>ther to iiis
own prejudice; but there is no (!• ;ii;er in extending what is for the common advantage.
If, thorei'ore, it liajtpens luat theContracrting Parties have not made known their
[17] "will with siirticitMit cl«'ariiei<s, and with all tlie nec(^ssary jnecision, it is certainly
more conformable to einiity to seek for that will in the sense most favourable to
cfinality and the comnioii advantage, than to suppose it in the contrary scmisc. For the
same reason everything that is not for the common advantage, everything that teiitlh
to destroy the ('(jiiality of a contract, everything that onerates inily one of the (tarties,
or that onerates tin- one more than the otlua', is odious. In a Treaty of strict friend-
sliip, nnion, and alliance, everything which, without Ixiing burdensome to any of the
parties, t<!nds to tin; common advantage of the Confederacy, and to draw the lionilsot'
the nnion closer, is favourable. In unequal treaties, and especially in une<|ual alliaiwes,
all the clauses of iiK^iuality, and priiici|)ally those that oiuu'ate the inferior ally, air
odious. Upon this principle that we ought, in cases of douitt, to extend what leads tn
C(iuality and restrict what destroys it, is founded that wtdl-known rule — " Incomnioda
vitantis iiielior, (|naiii comnioda ])etentis, est causa." (Quiiictilian, Inst. Orat., 1. vii.
ell. iv.) The party who endeavours to avoid a loss has a better cause to support than lie
who aims at obtaining an advantage.
(). Whatever interpretation tends to ehamje the existim/ state of things at
the time the Treati/ was made is to be ranked in the class of odious thinfin.
Vattcl, (ibid., sec. 305,) in illustration of this rule, observes that "the
v.,ti.i.i. ii. ,i,ap. proiuietor cannot be deprived of his rij^ht, excei)t so far
IS, sec. m precisely as he relinquishes it on his part; and in ca.se ol
doubt the presumption is in favour of the pos.ses.sor. It is less re[)uji-
nant to equity to withhold from the owner a pos.session which he ha.s
lost through his own neglect, than to strip the just possessor of what
lawfully belongs to him. In the interpretation, therefore, we ought
rather to hazard the former inconvenience than the latter. Here also
may be applied in many ca.ses the rule above-mentionetl, (sec. 301,) that
the i)arty who endeavours to avoid a lo.ss has a better cause to support
than he who aims at obtaining an advantage."
[LSJ *I[er nritaiiiiic Majesty's Government will now proceed to sub-
mit to the consideration of His Imperial IMaJesty, in the third
place, their views as to the proper appliciition of the above rules to the
interpretation of the Treaty of loth June, I84U.
t;ie Fiif.sr kule of
INTEIxM'RETATIOX I\ IT.S
TREATY OF 1<4().
AIM 'LIGATION TO THE
CInrI No. i.
In accordance with the iir.st ruhi abov»' mentioned, Her ^Majesty's Gov
ernmeiit submits to the consideration of His Imperial Majesty the fol
lowing facts in supi)ort of the po.sition that the narrow waters, now
desiginited the Itosario Strait in liritish Charts, were the
only channel between the Gontinent and Vancouver's l.sland
generally Inoivn and commonly used by seayninfi vessels at the time when
the Treatv of lath June, 1840, was made, and that the words
t,- no,,ri„ s,,,ii " tl«e (hannel,' in tlie signincation winch eonnnon usaoe
ailixt'fl to them ;it tl^at tiin , tlciiured tiiose waters.
CASE OF (iREAT HRITAIX.
71
\|.l..-.,,l,x No. 1.
(1.) Vancouver's expedition, in IT!)!', after exploring the head-waters
ot J'nca's Strait, passed on to the northward, ah)n<j;- tlie narrow waters
which separate Lopez IsUmd from what was then believed to be the
Continent, and followed those waters in their eoiirse between Blakely
IsliHid and Cypress Island into Jiireh Bay, and thence i>assed onwards
to I'oint Koberts and the upper waters of the ancient Clulf now called
tlie Strait of (leorj>ia. Sounding's were made throughout the passsaj,a^,
which are stated in Vancouver's narrative, an<l are laid down in tlie
cliart annexed to it, sntlicient to secure for future navigators a safe
course from Fuca's Strait into the ujjper (lulf. Vancouver did not ex-
plore, nor does he give any soundings of the Canal de llaro. It is not
mentioned in his narrative; the name of it, however, ai)pear.- on the
Jiicc of his Chart, distinguisliing" waters without soundings from the
Cliaiinel through which Vancouver ])assed.
(L*.) The Spanish exploring vessels Sutil and INFexicana, in the same
year, appear, from the narrative of the expedition, to
|ll)J have pursued *a course to the southward of the San
Juan Island until they reach the head-waters of Fuca's Strait.
They then enteretl the same channel which \'ancouvei' en-
icred, and followed it as far as the Island of (luemes, when
tlicy i)assed onwards, along the Canal de (luemes, into IJellingham Bay,
■ElSenode Caston.") From Iiellingham Bay they pursued a north-
erly course i)ast Point lioberts into the upper waters of the ancient
(iiilf.
{'.).) The Chart of Vancouver, which gives soundings only for navigat-
ing through the Kosario Channel, was the Chart in general
' ~ ( 'lilt S- . •*
use up to the end of 184().
(4.) Xo Spanish chart of a date antecedent to the Treaty of loth June,
ist(», is known to Her ^Majesty's (iovernment, in which soundings are
uiven for navigating through tlie Canal de Ilaro.
(.").) When tlie Beaver, the tirst steaui-vessel used by the Hudson's Bay
Company, i)assed up from Fuca's Strait to Fort Langley, on the I'razer
River, in ISM, she made use of what is known as the Bosario Channel.
She explored the (-anal de Ilaro for the tirst time in 1S4C.
((».) When the Unite<l States exploring vessel Porpoise, under Lieu-
tenant Ikinggold, passed^ui) to the northward, from Fuca's Straits into
the upper (iulf, in 1<S41, she made use of what is now known as the Bo-
sario (Jhannel. The boats, on the other hand, of her consort, the Vin-
(cnnes, which remaine<l at New Dungeness, were dispatched to the
(anal de llaro to make a survey of it. Lieutenant Wilkes, in his narra-
tive, (vol. iv, J). .">!.'>,) states that they were so engaged for three days, by
which tinu' thev "completed all that was essential to the navigation
of it."
fT.) Her ^Majesty's ^steamer ('ormorant, the fust of Mer .Majesty's
>uamshii»s which navigated the waters l>etween the Con-
tinentand^'ancouver's Island, in September, 1S4(», ]»assed ui>
the Bosario Channel to the northward, and returned to I-'iu^a's Strait by
the same channel.
(8.) The declarations of sea-captains and other ikmsous in the service
of the llu«lson's Bay (Jompany are conclusive that the only
channel used and considered safe by them prior to LSKJ, was ^n'""^" >•
the Kosario Channel.
Aim
[IXJ]
THE 8EC0XD AND THIHl) KULES OF IXTEKl'KETATION.
It is conceived by Her Majesty's Clovernment that the second and
third rules for the interjuetation of Treaties, already brought to the at-
'Ill
72
NORTHWEST WATER HOIJNDARY ARBITRATION.
Mm
Al ii.liv N.i
tentioii of IJis Imperial Majesty, as tbey are of a cognate character,
may be conveniently considered together in their ap|>licatiou to the
((uestion snbniitted to the arbitration of His Imperial Majesty.
These rnles may be, then, briefly expressed :
{<() That the context and spirit of a discourse is a source of interpretation^
where particnlar expressions are obscure from over-conciseness of state-
ment.
{h) The interi)retation of any part of a discourse ought to be made in
such a manner that all the parts may he consonant to one another.
It may be observed, then, in the tirst i)lace, that the only expressions
in the Treaty of loth June, 1840, resi)ecting which any dis-
agreement has arisen between tlielJigh Contracting Parties,
are to be found in the second paragra^di of the first article of it: "And
tiience soutlierly, through the middle of the said Channel, and of Fuiui's
Strait, to the Tacilic Ocean;" and that the disagreemeJit is limited to
the words " tlie said Cliannel." It is considered, tiierefore, by Ilcr
^liijesty's Government that, in order to arrive at the true interpretation
of the above words, regard may jn'operly be had, not merely to the con-
text of the paragraph itself, but to the text of the preceding and fol-
lowing i)aragraphs of the 1st Article, which is tlie operative part of the
Treaty as regar<ls the settlement of the line of bouiulary.
The 1st Article, then, of the said Treaty, is divided into three i>ara-
graphs :
1. From the i>oint in the 4!)th parallel of north latitude, where
the boundary laid down in existing Treaties and Conventions between
Great JJritaiu and the United States terminates, the line of boundary
between the teriitories of Her IJritannic; 3Iiijesty and the lJnite«l States
shall be continued westward along the said 41>th parallel of north
latitud<' to the middle of the Channel which separates the Continent
from A'ani;ouver\s Island.
[21 1 *2. Aiul thence southerly through the middle of the said Chan-
nel and of Fuca's Straits to the Paeitic Ocean,
,'J. Provided, however, that the navigation of the whole of the said
Channel and Straits south of the 49th parallel of north latitude remain
free and open to both parties.
Looking now to the text of the first paragra^)h of this Article in con-
,„,rvi itii, nection with the second paragraph, Iler .Majesty's Govern-
ment submits to His Imi>erial Majesty that the second para-
graph may be read as if it were written in crtcnso thus : "And thence
southerly through the middle of the Channel which separates the conti-
nent from A'aneouver's Island, and through the middle of Fu(;a's Straits
to the Pacific ()(tean,'' the channel and the straits being so connected in
the second paragraph as to be governed by the preceding words,
"through the middle ofV
2sow, the extent ot the waters here designated as Fuca's Strait is not
in controversy. It is true, indeed, that by some writers, amongst whom
may be mentioned Mr. Ilobert Greenhow, the Librarian to the Depart-
ment of State of the United States, and the author of a Memoir, Histor-
ical and I'olitical, on the North-west Coast of Xorth America, published
in 1840 by direction of the Senate, the term " Fuca's Strait " has been
used prior to the Treaty of 1840 to denote the whole of the channel
through which it was supposed that the Greek pilot, Juan de Fuca, found
a passage into the I'olarSea in the sixteenth- century. Tluis Mr. Green-
bow, in his " History of Oregon," (p. 29,) speaking of the three great
groups of islands south of 54° 40' north latitude, says, "The soutljern-
most group embraces one large island, and an infinite number of smaller
■n
'■-.*
CASE OF GREAT BRITAIN.
73
said Cbaii-
ouos, extending t'roni tbe 40th parallel to the 51st, and separated from
the continent ou the south and east by the channel calle<l the Strait of
Fiica." There is a slight inaccuracy, it may be observed, in this passage
as regards the latitude of the group of islands ; but Mr. Greenhow, in a
previous passage of the same work, (p. L'2,) has described the channel
which he has in view with greater accuracy, as running eastward
\'2'2] about one hundred miles between the *48th and 40th parallels of
latitude, and then turning to the north-west.
The view of Her Majesty's Government is, that the term "Fuea's
Straits" is used in the Treaty of 1840 to signify the lower portion only
of Mr. Greenhow's Channel, namely, the inlet of the sea which extendi
eastward from the Pacific Ocean to the entrance of the i)assage, tlirongh
which Vancouver continued his voyage to the northward, and which ln'
lias laid down in his chart as a navigable channel, connecting Fuca's
Strait with the upi»er waters of the ancient Gulf.
Ill accordance with this signification of Fuca's Straits, Her ^fajesty's
Government submits to His Imperial INlajesty that the term "Fuca's
Straits" must be talvcn to have been inserted in the second paragrai)h of
tlie first Article of the Treaty of 1S4G for the sake of describing with
jjreater jnecision the course of the boundary line, and that it is one of
the necessary conditions of the boundary line that it should be drawn
throufih the inithilc of the inlet of the se<i, of which Cape l-'lattery may be
regiU'ded as the south-western extremity, and ])ecei»tion Pass as the
iiortheasterp. extremity.
}sow, a line may be i)roi)erly said to he drawn through the middle of
this inlet, if it be drawn in eitiier of two ways, namely, if it be drawn
lengthways, or if it be drawn breadthways. There can, however, be no
iloubt as to which of such alternative lines is required to satisfy tbe
Treaty, as the line is to be drawn to the raciilc Ocean, and this can only
be ertected by dmiciiui the line through the mithUeof Fueu's Straits leni/th-
wajin. Upon this i)oint in the case Her Majesty's Government submits
to His Imperial Majesty that there can be no reasonable doubt..
Her Majesty's Government further submits to His Imperial ^Majesty^
that in order that the second paragraph of tlu^ first Article
of the Treaty of 184(5 shall be consonant to the third para-
graph — in other words, in order to account for and give rea- '""■
sonable effect to the third ]iaragra{)h, whereby the navigation of the
whole of Fite(('s Straits is secured to both the High Contracting
(-;j| Parties — the second i)aragraph must be interpreted as*re(]uiiiiig
the line to be drawn southerly throiif/h the middle of a ehannel irhieh
H-ill allow it to enter the headn-aters of Ftie<t\s Str<iits. and to he eontinned
through the middle of the Straits in an vnlnterrvpted line to the Faeijie
(k'can; in other words, the boundary line, after it has entered Fuca's
Straits, must tlivide the waters of the Straits in such a manner as to
lender the i)roviso necessaiy which is embodied in the third paragraph.
For the purpose of bringing this i)art of the case more completely
liefore the mind of His Imperial .Majesty, Her Majesty's Government
will recapitulate briefly the characteristics of Fuca's Straits, as thes
bear npon the question.
The breadth, then, of Fuca's Straits where they leave the Pacific
Ocean between Cape Flattery on the Continei.i, their south-
ern point, and IJonilla Point on Vancouver's Island, their
northern ])oint, is thirteen miles. Within these points they soon nar-
row to eleven miles, and carry this width on an east course ibr forty
niiles. They then take an east-north-east direction to the shore of Whid-
l>i'y Island. Between Race Islands and the Southern shore is the nar-
•nii-.i.ii...iN
tl ri.ri.l ill]
r.ir.l,. ,
' ; ■ Sir,
'i f-lj-
74
NoRTIIWKsT WATKR HOl^VUAKV AKHITKATION.
rowcst part of tlic Striiit.s. Tlicir loast broadtli, liowcvcr, in tliis part is
not less than ♦'i};lit miles, aft«'r which the Straits expand ininiediatel.y to
seventeen niiU's, a \vi«lth wiiich they maintain more or less in the part
wliero the Canal de JJaro enters them. On the other hand, it is difhciilt
to dotine precisely the plaee where the wat<'rs of I'nca's Straits mer;;*'
in those of the liosario Strait, hut Fuca's Straits fjiadiially contract as
they apiu'oach the entrance of the Kosario Stiait, which is oidy live milts
wi«le. A ]»rovision which thus secures to the vessels of either natinii
the rij>ht of free uavigation on either side of the boundary line ihroiujh-
out the irhoh' of the vhunnel ami FimCs Straits, would be perfedly intelli-
ji'ible, and, in fact, would be a requisite ])recaution, if the line is to pass
throuji'h liosario Strait, dividinj;' the head-waters of Fuca's Straits; but
it would not be in any such sense a neveHmrii precaution^ if tin; line of
boundary is to be drawn through the Canal de Ilaro.
124] *()n the former supposition it wonhl be reasonable to secure to
cither ]»arty the free navi;;ation of the whole of l-'uca's Straits
etpially asof the Kosario Clmnnel, inasmuch as the />jer//»m, ///»»* ^/7»(r in
ii.a...„ „i ,„. the ui)pernu)st ]>art of Fuca's Straits would be within the
;f I iN-riB,„.i, "threemileslimifof eithershore; ontheotherlmnd, thepait
of Fuca's Straits, where the Canal de JIaro strikes them, are of so "leata
breadth that theie would be an ample margin of common navijiable water
for vessels on either side of the mviJium filum aqua,, ami no necessity
for vessels passing to and from the Facitic Ocean to narif/atc H'itltin th>
juri.sflictional nutters of either of the High Contracting Parties.
If it should be said on behalf of the IJnited States Government thiit
the proviso in the third ])aragraph of the tirst Article of the Treaty of
1840 was not inserted by way oi' precautious but rather by way of co>»/f^.
to preserve to both the High Contracting l*arties a liberty of naviga-
tion hitherto enjoyed by them in common. Her Majesty's Covernment
submits that considerations of comitt; wouUl eciually have required the
extension of the proviso to the waters of the Channel, wijich separates
the continent from \'ancouver"s Island north of the fortff- ninth paraUel
of north latitude, as both ]Kirtieshad heretofore enjoyed in common tlic
free navigation of those waters; but no such ]»recaution has been taken
in the Treaty to limit the exercise of exclusive sovereignty north of the
torty-ninth ])arallel.
Again, it would have been an unreasonable thing tohavei)rovided by
the Treaty that both i)arties should retain the free enjoyment of the
navigation of the whole of Fuca'.s tStraits, unless the Treaty is to be inter-
l)reted as requiring the boundary line to be drawn through the middle
of those Straits, and continued through the Jlosario Channel, in whicli
case the free navigation of the whole of Fuca's Straits to the eastward
of the Canal «le Haro would be at times a couilition essentially neces
sary to enable Ibitish or American vessels, as the (;ase may be, to enter
or leave the channel connecting J-'uca's Straits with the waters ot
|2.">] the upper Culf. *To contend, indeed, that this provision of the
Treaty would be consonant to an interpretation of the Treaty
which would continue the boundary line through the Canal de Ilaro, is
to deprive the proviso of any rational meaning, as American vessels
would i)ossess tlu> right of navigating the Straits to the eastward of the
Canal de Haro without any such proviso, and IJritish vessels would not
require any such liberty to enable them to enter or leave the Channel
through which the boundary line is to pass from Fuca's Straits iiito the
waters of the upper Gulf.
CASE OF (iRKAT BRITAIN.
75
his part is
'diatt'l.v to
n the part
is (lifHcnlt
lits inorjit'
'ontract as
• iive miles
her iiatiiiii
\w throiitilh
(■rly intclli-
B is to pass
traits; hut
tho line of
o secnro to
!a's Strait>
within tlic
11(1, the i)art
)f so <>reat;i
"^ablewatt 1
lo neecssity
te within tin
»s.
I'liineiit that
le Treaty of
\y of comitjj.
■ of iiaviga-
government
•equired tlie
!h separates
nth furaUd
:;oiunion i\w
been taken
north of the
iroviiled hy
nent of the
to be inter-
the middle
■1, ill whicli
le eastward
tially neces
be, to enter
le waters ot
ision of the
the Treaty
de Ilaro, is
icaii vessels
ward of the
s woiihl not
he Chaniu
lits into the
THK KOUR'i'M RULE OF INTERI'RETATION.
Tlie fonrth of tlie rules to whieli Her IJritannie Majesty's (jovernnient
lias invited the attention of His Imperial ^Lajesty is, that ihc intcrprcfa-
1ii>n xlioiild he .suitable to the reKsnn of the Trent}/, that is to say, tlie motive
which led t;) the making of it, and the object in eoiitemplation at the
time.
'•Weoii<;ht,'' says Vattel, (section L*S7,) '"to be very certain that we
know the true ami only reason of the law, or the Treaty. In mat-
ids of this nature it is not allowable to indnlji'e in vajiiie and nnccrtain
(iiiijeetures, and to siii»pose reasons and views wlieri^ there are none cer-
laiidy known. If the piece in (niestion is in itself obscure ; if, in order
tddiscover its meaning, we have no other resonrce than the iinestiga-
tioij of the anthor's views oi the motives of the deed, we may then have
icconiseto conjectnie, and in defanlt of absohite certainty adopt, as the
;rae meaning", that Avliich has the greatest degree of probability on its
>ide. But it is a dangerous abuse to go without in search of motives
;iiid niicertain views in order to wrest, restri(!t, or extend the meaning
of the deed, whiidi is of itself sntliciently clear, and carries no ubsunlity
ell tlie face of it."
Now, the motive of the Treaty, as recited in the Preamble of it, was to
itrminate a state of doubt and uncertainty, which had n,. m.,!,.,. „i -i,..
hitherto jirevailed respecting the sovereignty and govern- ^" '"
nient of the territory on the north-wesL coast of America, lying
jUiii westward of the Kocky 3Iountains, by an *aniicable cominomise
of the rights mutually asserted by the two parties over the said
territory.
It is a reasonable presumption from this Preamble that Her 15ritanni<;
Majesty's Government, which drew np the paragraph of the Treaty of
1S4(J, the meaning of which is in controversy, hada dejinite boundartf^line
ill view, which would terminate all doubt and uncertainty as to the limits
within which the respective Parties to the Treaty were henceforth to
exercise rights of sovereignty.
The Treaty of 18-10, it should also be borne in mind, was not an ordi-
iiiiiy Treaty of friendship or alliance, in which a paragr.aph respecting
iimtual boundaries was inserted amongst paragraphs relevant to other
matters; but it was a Treaty, of which thcprimari/ ohjeet iccifi the settle-
iiii'iit of a houndary line, and it would be unreasonable to attach a vague
and uncertain meaning to any words descriptive of the boundary line, if
siieli words are susceptible of a definite and certain meaning.
It is not too much to say, and it will probably not be disputed — for it
iiii.s been so stated by one of the most eminent of Aineri(!au th.- oUj. •. ..i n,.
statesmen — that the great aim of the L^nited States in J.S40 '""'
was to establish the 40th iiarallel of north latitude as the line of
l>omidary on the western si<le of the Itocky Mountains, ^^ not to be de
jHirted from for any line further south on tlie Continent f' and that with
le^^ard to straits, souuds, and islands in the neighbouring seas, they were
siihjeets of minor iin])ortance, to be dealt with in a spirit of fairness and
e(|iiity. (Speech of Mr. Webster before the Senate of the United States,
. March ;;o, 1S40.)
On the other hand, it is notorious, and it is also patent on the face
\ Hef the Treaty itself, that the great aim of Her Uritaniiic Majesty's (iov-
|enmient was to meet the views of the United States Government in
regard to the -lOth parallel of north latitude with as little Haerijiee
ks' possible of the riffhts heretofore enjoyel by the Hudson s Bay Company
\iiiiil other British siihjtHs in the wafers snu*h of that p'irallel.
'Ms
m
f
i
pR
7G
NORTinVESr WATER I'.OUNDARY ARIUTRATION.
No lllilix' ii* tliv
to til*' Cliiiiintl.
Now, it is 11 nMiijirkablo foatiiri* of the Treaty that no nntiir Ik
yiren t<t the Channel, to the *iiii«l(lle ot wliich the 4!>th i>arallel (it
north latitude was to be eoiitimied alter leavinj:' the Ctuitineiit,
and thron{ih the niidtUe of which it was to be drawn soutii-
erly after bein^' detlected from that parallel. Tiie Ciiaii
nel is ilescribed as "the Channel se]>aratin^ the continent from Van-
conver's Island," and the line is simply directe*! to bo drawn '* southerly
throufth the middh'of the said Channel and of I-'iica's Straits." The pir-
sumption arisinj;- from this description of it is that the Channel inteutlnl
by the Treaty a-as the only Channel then nsetl hy nea yoiny renNels, and thai
it had no dixtinynishiny name, but that uj)on the f;u!e of the chaits tlicn
in use it would readily answer the desc-ription yiven of it in the Treaty,
and would atlmit of the boundary line l)einj;' (h'tiected and continued
throujih the middle of it and of Fuca's Straits to the Pacific Ocean.*
It will be seen by His Imperial ]Ma,jesty, on an examination of Aaii
couver's Chart, whi<;h was the most accurate chart known
(li'irt Nil '* '
to Jler Jiritannic ^Majesty's (Jovernment at the time when
the Treaty was made, and which was the Chart under the consiileratioii
of Her Britannic Majesty's (Jovernment when tiiey franu'd the lirst
Article of the Treaty, that the nanu' of the (lulf of (Jeorgia is assigned
in that Chart to the whole of the interior sea, which separates the Conti-
nent from the group of ishmds, the chief of which is called (^uadiii
and Vancouver's Island, such being the name of the largest island sir
the time when the chart was constructed, and that no distinynishiitij
name is assigned either to the channel up which Vancouver sailed to
the northward, or to the portion of the Gulf in the 4!)th parallel
of north latitude. Her MaJ<'sty's (lovernment accordingly contends,
(1,) that the boundary line, which is directed by the Treaty to be con-
tinued westward along the 41)th parallel of north latitude to the mid-
dle of a channel without any distinguishing luime, and thence south-
erly through the middle of the said channel and of Fuca's Straits, is
intended by the words of the Treaty to be drawn through the middle
of a channel which had, f*^ that time, no distinguishing name;
[28j and (2) that, as the channel now called the Itosario *Strait is
found in the charts of the period (1840) without any distinguish
ing name assigned to it, and in other respects corresponding with the
re«iuirements of the Treaty, such channel ought to be preferred to the
Canal de Ilaro, which bore a distinguishing name at that period.
Uer Britannic Majesty's Government contends, on this part of tho
case, that to draw the line through the middle of the waters distin
guished in Vancouver's Chart from the Channel, through which he
sailed, by the name of the " Canal de Arro," and which waters are
rei)resented in that chart as unsurveyed, would be to continue the lint'
not through "the said Channel" — that is, a Channel without any dis
tinguishing name — but through a channel which, at the time the Treaty
was made, was distinguished by name from the channel surveyed in
N'ancouver. No reason can well be assigned, if such a channel was
contem])lated by both parties, why it sjjould not have been designated
by its distinguishing name to prevent all uncertainty.
But it may be said that there is evidence that the Canal de Haro was
contemplated by the United States Government, and that they had
charts in their possession whicU satisfied theni that it was a navigable
and safe channel, e(pially as the channel along which Vancouver sailetl.
The reply to such an argument is not far to seek. If it can be establisliod
that one of the parties to the Treaty had knowledge only of one navi
gable Channel C()rres[»onding to the provisions of the Treaty, the fact
CASE OF GREAT BRITAIN.
77
tliiit tlu' otluM- party was awaro of anotlior navi<;aWlt' ("liaiiiH'l couM
never Justify such an interpretation heinj;- fjiven to the Treaty as should
liiiid the former to accept tiie Treaty in a sense of which it did not ivuow
it to be capable, when the Treaty may be interpreted in a sense in wliich
hoth jiarties were aware that it was capable of beinjj interprett'd. Tin:
wison of the thhuj is a^jainst such an interpretation as has been i)ro-
]iosed to be j^iven to the Treaty on the part of the Cnited Stat<'s (lov-
criinient.
There is a further reason why the Canal do II arc does not satisfy the
jaiijiuaye of the Treaty.
The commencement of the boundary line, whidi is to be drawn
|L",l| southerly, is described in *the Treaty as beinj,^ in a Channel
under tlie 41)th ])arallel of north latitude; but Ji };lance at the
cliiut will satisfy J lis Imperial ]\[a.jesty that t\w Canal «le Jlaro cannot,
ill liny i>roper sense of the words, be held to commence under that i)ar-
iillel. it lias a distinct commencement between Saturna Island and
I'atos Island, under a lower parallel. 7^ luoi, therefore, not o)ih/ a ilis-
tiiHiuishimf )U(me, but it has its phifsivtd ehuraeteristies irhieh (listinf/uish it
troiii the channel described in tlie Treaty of 1<S4(J as identical with the
oliaunel under the 4"Jth parallel of uortli latitude.
•m
-i
^V^
THE FIETM KULE OF INTERI'RETATION.
(halt V<i
The (iftli rule of interpretation, to which Her ]>ritannic .^lajesty's
(iovernment has invited the attention of Ills Imperial Majesty, is, that
Treaties are to he interpreted in a farourahle rather than in an odious sense.
" We are not to presume," says Vattel, (sec. 30,) " without any strong-
reasons, that one of the Contraciting Parties intended to Af,v,„,r,i.i.,.,t.r
favour the other toliisown prejudice, but there is no danger nr,',!','" ',','/;',,i ',',;,
ill extending what is for the common advantage. If, there- """i"^""""
tore, it happens that the Contracting Parties have not made known their
will with suHicient clearness and with all the necessary juecisioii, it is
certainly more conformable to equity to seek for that will in the sense
most favourable to e(iuality and the common advantage."
Now, it may be stated by Her ^Majesty's (Tovernment without fear of
t'outradiction, that, at the time when the Treaty of 1840 n,,. ,i,,r,.,„„.,.
was signed at Washington, no charts were in use by those " """
wlio navigated the interior sea between the Continent and Vanco'uver's
Island, but Vancouver's Chart and jiossibly a ^»anish
Ciiart, purporting to be constructed in 170.") ui)on the sur-
veys made by the Sutil and Mexicana. Of the latter chart, indeed.
Her Britannic Majesty's Government had no certain knowledge in 1840,
tor the only Spanish chart of those waters, which is to be found in the
archives of the IJritish Admiralty at Whitehall, did not come into
its possession until 1849. In neither, however, of those Charts are
|')i>] *there are any soundings of a navigable i)assage through the
Canal de Haro. It is true, indeed, that in the Spanish Chart
some soundings are given of Cordova Channel, in which the boats ot
tlie Sutil and Mexicana ai)pear to have crept close along the shore; but
there are no soundings to guide a vessel out of the Canal de Uaro into
any jiart of the upper waters, which are south of 49'^ parallel of north
latitude. An interpretation, therefore, of the Treaty, which would de-
clare the Canal de Haro to be the channel down which the boundary
line is to be carried, would be to declare that Her Britannic Majesty's
Government, when it concluded the Treaty of 1840, intended to favour
the United States Government to its own i)rejudice; for it would be to
ly'l
7s
NoKTIlWEHT WATKK JJOl'XDAli V AK'lil lltATlnV.
•I
i J;. If
J
m
(IccImiv tliiif Her IJi-itaimic; Mjijcsf.v's (JovoiiiiiH'iit iiiti'inlcd to nhn,iil„ii
the iixr of the ouli/ chuinwl kadinij tit its oirn ikpssi'shioiis wliicli it knew to Ik
riavij,Ml»l<i !iii«l safe, and to conthn' itsoU' to the u.s(> of a cliannel !os|M(f
inji \vlii(!li it had no assuranre that it was even naviyalth* in its iippii
waters t'oi- s«'a-j;(>in;i' vessels; nay, respeetiny \\hi('h it is not t(«> luiich
to say that Her l>ritanni(! Majesty's (loverninent IkkI a firm ln-litf tlmt
it ir((s (I (lioif/eroiis strait. On tlio otlier hand, an interpretation which
wouhl <h'(!hin' N'anconver's ('iiannel, now distinynished l»y the name di
the liosario Strait, to hv the eomnion honnchiry, will yive to both I'm
ties the nse of a Cliannel, which was known to l»oth Parties at the tiim
when the Treaty was mad*' to be a naviyaljle and safe channel. The
two I'aities in respe(;t of su(!h an interinetation would I»e placed in n
position of e(piality.
Tin-: SIXTH KIJLE of lNTKK)'in;TATI<».N.
The sixth ItnU; of Interpretation, which is a corollary to the next piv
cedin<^- Knie, and which is also submitted to tin; attention (»f His Imperial
Mait'stv, is that, in vasv o/'douht, the ttrcsumiition is in /iuvMc
, n, fi,v„Mr oi II,. of the jtossessor of n thuHj ; m other words, the i>arty who en-
' " '" " «leavours to avoid a loss has a lietter <;ause to snin>ort tliiiii
1h' who aims at obtaining- an advantainc
It has lH(en already said that the Channel in use in 1S4)J. and
|.">1| the only (Channel in use by *JJritish \essels naviyatinji' from the
Straits of Fuca to the stations of the Hudson's JJay C'omi»any on
Frazer's Iliver, and elsewhere north of the 41>th parallel of iioitli
latitude, was the channel surveyed by Vancouver, and ot
which soundinjjs are jjiven in his Chart.
The Government of the United States contends for an interpretation
of th(^ Treaty ichieh trill dispossess British rcsselsof the use of this ehannd
There is iu> evidence, on the other hand, that the Canal de Ilaro was
used by vessels of the United States prior t(» the Treaty of ISK).
Her Britannic Majesty's (lovernmenf, on the other hand, is not con
tendin*;' tor an intei'i)retation of the Tnaty which will deprive the citi
/.ens of the United States of any rij^ht habitually exercised by them
prior to the Treaty. If, iiuleed, the United States Government had
knowhMlse irom unpublished surveys or otherwise, i>rior to the Treaty ol
1840, that the Canal de Haro was a navigable and safe channel, it can
not be denie<l that citizens of the United States, if they nsed any
channel at all prior to 1S4(), made us(! of the channel now called tlic
Ikosario Strait. It is submitted accordingly to His Imperial Majesty.
that an interpretation of the Treaty, which declares the IJosario Stiair
to be the channel, through the middle of which the boundary line is tn
be drawn, will continue to American citizens the full enjoyment of such
rights of navigation as were exercised by them ])ri(U' to the Treaty,
whilst a declaration in tavonr of theclaim of the United States will stii|i
liritish subjects of corresponding rights. Whererer there is doiilit/nl
right, it is less repiupmnt to equity to ic it h hold from a ehiimant the eiijiiij-
meni of a thinf/, ichirh he has neeer possessed, titan to strip the jtossessor <>/
a thiny of ichieh he has habitually had the enjoyment.
The question whether any third channel, other than the Kosario
Strait or the Canal de Haro, would satisfy the re«piirements of tlic
Treaty of 1S4G, has not been touched npon by Her Britannic Majesty's
Government for these reasons — amongst others, that the existence ot
any intermediate navigable channel was unknown to botn tlic
[32] Contracting Parties at the time when the Treaty of *184(j was
signed, and the Government of the United States has never con
--*.<.
(ASF, OV (iWKAT ItlvTlAIN.
79
ti'iidc'd lor uiiy siuth iiliaiiiit'l. Iicsidrs, Ilcr Uritiiiiiiic Miijcsty's (Iunci u
iiH'iit |»i'('.>iiiiu*s tliiit tlu' triH' iiilcrpn'tiitioii of tin* Treaty of IS |<> is to Ik*
sKii^ilit ri'luiK sic xldiitihiiH, that is, upon the statt; ot tacts known to liotli
parties at the time when the Trt'atv of IHHJ was eoin'lnded.
On tiie alM>v«' i'onsjdeiations of faet ami of pnhiic law, Her ISiitannie
Miijesty's (li>veii!inent snitmits to His Imperial Majesty that the eliiim
ot' Her JJritannie Majesty's (lovernnn'nt that the portion of the
Itdinidary line which, ninh'i' the t<'iins of the Treaty of l."»tli dnne, ISIti,
iMiis sontherly thron;;li the middle of the ('hanmd which separates the
Continent IVoni N'aneonver Island, shonid he run tlir(Hi<^'h the Kosario
Stiait. is valid, and on^nht to he preferied to the claim of the (ioverii-
iiieiit of the I/nited States, that it shonid he ran thi'onnh the Canal de
Jliiro.
m
I ' y|
i.'i:(Ai'irii,Arin\ oi' facts.
The consi<lerations of fact may be In icily recapitulated:
1. That the Channel now desi<;inited as the l{osari«» Strait in British
ciiaits, which desi}4nation embraced the ChaiiiusI to the north as well
;is the sonth of the llHli parallel of north latitnde in S[)anish charts, was
tlie only Channel between the Contint'iit and Vanconver Island j^cn-
I'lally known and commonly nsed by sea-;;oin;i' vessels at the time when
the Treaty of l.~)th .Inne, ISKJ, was made, am' that the words '"'I'lie
Cliannel," in the; sij^nilication which romimm ustKjr aflixed to them at
that time, denoted those waters,
1'. That the context of the tirst and second pa a^iiaidis of Article 1 of
the Trcatv of l.")Mi June, ISK), rcfpiires hat the bonndarv
line shonid bo continued thron<;li the middle of a Chan-
nel so as to enter the lieail in(fers of Fiica\s IStraifs, which is jiracticable.
if the line shoidd be rnii thronfth the Hosario Strait, bnt is impiactica-
ble if it shonid Ix^ ran thronj;h the Canal de Ilaro.
[;3;')j *3. That the proviso in the third parajjrapli of Aitide I, which
secures to either Party tin? free navif^ation of t/ie n-hole of Fuvo's
Straits, is intellif;ible, as a necessary precaution, if the bouiulary line is
to he run through the llosario Strait, but is unnecessary and unreason-
able if the boundary line is to be run through theCana! de Haro.
4. That a boundary Vuw run through the middle of the Channel n(nv
culled the llosario Strait satisfies the gieat aim which either party' ha<l
in view prior to the conclusion of the Treaty 15th .Inne, l.S4(i; and as
that Channel had no distinguishing name at the time when tin; Treaty
was nnule, it could not be otiierieisc desvrilnd tlxai as it is described in the
Trvati/. On the other hand, the Canal de llaio had a distinguishing
name, and there was no reason, if the Canal tie Ilaro was contemi»lated
by both the Eigh Contracting Parties at the tin.e wIhmi the Tieaty was
made, why it should not have been described by its distinguishing name
to i)revent ail uncertainty.
•"». That a line of boundary run through the mi(Mle of the llosario
•"^trait, in accordance with the knowledge which both the High Contract-
ing Parties possessed at the time when the Treaty of loth June, 181(».
Was made, would have been favourable to both Parties, whereas a line of
Itoimdary run through the Canal de Haro would have deprived Her liritan-
nie Majesty of a righ"^ of access to her own possessions through the only
then known navigab and sate channel.
•i. That it is more i' accordance with equity that His Imperial Majesty
should pronounce in lavour of the claim of IJei- IJritannic Majesty's (lov-
eiiiinent than in favour of the claim of the (Jovernment of the United
if
80
NORTHWEST WATER BOUNDARY ARBITRATION.
States, as a <lecisio!i of His Iiiipeiial ^Majesty declaring; the Kosario
Strait to be the Channel through which the boundary line is to be run
will continue to citizens of the United States the free use of the only
Channel navigated by their vessels prior to the Treaty of 15th Jniio.
18-tG; whilst a declaration of His Imperial Majesty in favour of the claim
of the Government of the United States will deprive British xuh-
['■'A] jeetH of rifjhts of narifjation *of which they have had the hahiiunl
enjoyment from the tinne when the Itosario Strait was first exploieil
iind surveyed by A'ancouver.
The evidence which Iler liritannic ]\[ajesty's Government has thought
it proper to offer to the consideration of His lni[)erial Majesty in siiii
port of the present case, has, for the convenience of liis Impeiial
."Majesty, been collected in an AppL'ndix, wliich is annexed thereto.
1
J-..A
01
♦APPENDIX.
m
Xo. I.
Articles XXXIV to XLII of the Treaty l)etiveen Great Brltahi and ike
United /States of America, .signed at Washinr/ton on the Hth May, 1871.
Aktkle XXXIV.
Wlieroas it was stipulated by Article I of the Treaty coiicliKled at
Washiufjton, on the 15th of June, ]84(>, between Tier Britannic Majesty
and the United States, that the line of boundary between the territories
of the United States and those of Iler Dritaiinic Majesty, from the
point on the 40th parallel of north latitude up to which it has already
been ascertained, should be continued westward along the said 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 the said channel and of Fnca Straits to the Pacific Ocean;"
and whereas the Commissioners appointed by the two High Contracting
Parties to determine that portion of the boundary which runs southerly
through the middle of the channel aforesaid were unable to agree upon
the same; and whereas thcGovernment of Iler IJritannic Majesty claims
that *(uch boundary line should, under the terms of the Treaty above
recited, be run through the llosario Straits, and the Government of the
United States claims that it shouhl be r* i through the Canal de Ilaro,
it is agreed that the resi)ective claims of the Government of Iler Britan-
nic ^lajesty and of the GovernnuMit of the United St;'.tes shall be sub-
mitted to the arbitration and awtud of His Majesty the Emperor of Ger-
many, who, having regard for the above-mentioiie«l Article of the said
Treaty, shall decide thereupon, finally and without appeal, which of those
claims is most in accordance with the true interpretation of the Treaty
of dune l-j, 1840.
Article XXXV.
The award of His Majesty the Emperor of Germanj- shall be consid-
ered as absolutely final and conclusive, ami full effect shall be given to
such award without any objection, evasion, or delay whatsoever. Such
ilecisiou shall be given in writing and dated; it shall be in whatsoever
torni Ilis Majesty may choose to adopt; it shall be delivered to the
I Represent itivts or other public Agents of (heat Britain and of the
United States respectively, who may be actually at Berlin, and shall be
I considered as operative from the day of the date of the delivery
thereof.
Article XXXVI.
The written or printed case of each of the two [)artie8, accompanied
jhy tiie evidence offered in support of the same, shall be laid before His
[Majesty the Emperor of Germany within six months from the date
6d
si,^i
m
if
,, ,,,,,^,^
82
NORTHWEST WATER BOUNDARY ARBITRATION.
of the exchange of the ratifications of this Treaty, and a copy of .sucli
case and evidence shall be communicated by each Party to the otlnn
through their respective Kepresentatives at Berlin.
The High Contracting Parties may include in the evidence to be con
sidered by the Arbitrator such documents, oflicial correspondence, aiul
other oflicial or public statements bearing on the subject of the rciVi
ence as they may consider necessary to the support of their respective
cases.
After the written or printed case shall have been communicated In
each Party to the other, each Party shall have the power of drawing nji
and laying before the Arbitrator a second and detiuitive statement, if it
think iit to do so, in reply to the case of the other Party so coniuniiii
cated, which detiuitive statement shall bo so laid before the Arbitrator,
and also be mutually communicated m the same manner as aforesaid.
by each party to the other, within six months from the date of layiiii
the first statement of the case before the Arbitrator.
Article XXXVII.
If, in the case submitted to the Arbitrator, either I'arty shall speeitv
or allude to any report or document in its own exclusive ])0ssessi(jii
without annexing a copy, such Party shall be bound, if the other Party
thinks proper to api)ly for it, to furnish that I'arty with a copy thercMji.
and either Party nmy call upon the other, through the Arbitrator, to jno
duce the originals or certified copies of any pai)ers adduced as evidence,
giving in each instance such reasonable notice as' the Arbitrator mnv|
require. And if the Arbitrator should desire further elucidation or
evidence with regard to any point contained in the statenuMits laid]
before him, he shall be at liberty to require it from either Party, ami
ho shall be at liberty to hear one counsel or agent for each Paity, in
relation to any matter, and at such time and in such manner as he inuv
think fit.
[38] * Article XXXVIII.
The licpresentatives or other public Agentsof Great Britain and ot'tlit]
United States at Berlin, respectively, shall be ccnsidered as the Agents
of their respective Governments to conduct their cases before the Aibi
trator, who shall be rc^juested to address all his cpmmuuications and
give all his notices to such Bepresentatives or other public Agents, wlm
shall represent their respective CJovernments generally in all mattiis
connected with the arbitration.
Article XXXIX, . ,
It shall be competent to the Arbitrator to proceed in the said arbitni
tion, and all matters relating th'.'reto. as and when he shall see fit, eitbtij
in x'cison, or by a person or jtersors named by him for tl .it pur]Kbf.j
either in the presence or absence of either or both Agents, either oialKJ
or by Avritten discussion, or otherwise.
Article XL.
The Arbitrator may, if he thiiit fit, appoint a Secretary or Clerk, fortliej
purjjoses of the proposed arbitration, at such rate of remuneration as luj
shall think proj)er. This, and all other expenses of and connected witlij
the said arbitration, shall be provided for as hereinafter stipulated. I
CASE OF GREAT RRITAIX — APPENDIX.
83
Article Xlil.
Tlie Arbitrator shall 1)C refinested to deliver, toj;etlier uith his award,
an account of all the costs ami expenses which he may have been put to
in relation to this matter, which shall forthwith bo repaid by the two
Governments in equal m«)ieties.
Article XLIT.
The Arbitrator shall be re<| nested to jiive hisawar<lin writing- as early
as convenient after the whole ease on each side shall have been laid be-
fore Iiini, and to deliver one copy thei'cof to each (»(' tlie said A.u'ents.
ill
Xo. jr.
i'oinjof Trcufij hciircen Great Britain and the Unilcil States of Amerira,
siijiird at Washinfiton on the I'tth 'how, IMC). \h(itijii-(ifii,ns e.ahmificd
at J.ondon, '/hIij .17, iSiO. |
Her ^lajesty the (^)neen of the United Kin;;(loin of Great III itain anil
Ireland, and the United States of America, deemin;;' it to be desirable for
the future well'are of both countries that the state of «loubt and uncer-
laiiity -which has hitherto prevailed respectinji' the Sovereignty and
Government of the Territory on theXorth-west Coast of America, lyin^'
westward of the Eocky or Stony ^Mountains, should be finally terminated
l»y an amicable comi)romise of the ri,i>hts mutually asserted by the two
Parties over the said Territory, have respectively named rienipoten-
tiaries to treat and agree eoncerniny the terms of such settlement, that
is to say :
Her JNFajesty the Queen of the United Kinodcnn of (.Ireat r.ritain'and
Ireland has, onller part, ai)pointcd theliijiht Honourable IfichardPaken-
liam, a INIember of Her Majesty's ]Most ilonourable J'rivy Council, and
llor ^[ajesty's Envoy Extraordinary and ^Minister I'lenipotentiaiy to the
L'uited States ; and the J'resident of the United States of America has,
on liis part, fiirniahed with full powers elanies lUichanan, Secretary rtf
State of the tt|jj|^ States ; who, atter havinji' communicated to each
otlicr their re^Hpire full ]»oweis, found in j^ood and due form,Miave
ngrced upon antTiponeluded the following Articles : '
Article 1
From the ])oint on the forty-ninth iiarallel of north latitude, where the
boundary laid down in existing Treaties and Conventions between
:(ireat Britain and the United States terminates, the line of boundary
between the territories of Her IJiitannie JMajesty and those of the United
[•'States shall be continued westward along tlie sai<l Ibrty-ninth parallel of
j north latitude, to the middle of the channel which separates the conti-
j noiit fr<>m Vancouver's Island, and thence southerly, through the middle
jot' the said channel, and of Euca's Straits, to the I'acitic Ocean; pro-
j vided, however, that the navigation of the whole of the said channel and
j straits south of the ibrty-ninth parallel of mnth latitude remain free
and op( n to both Parties.
\
II PJ! H.mw^
84
XORTirWKST WATER liOlXDARY ARI'.ITRATIOX.
Article II.
From the ])oint at which the ibily-iiiiith parallel of north latitude
shall bo I'oniul to iiiter.sect the ;4reat lortheni hranchof the Coluiiiljia
liiver, tlie navi^^ation of the said branch shall be free and open to tlu
Hndson's Bay Coini)aiiy, an«l to'dl Drltish snbjects trading with the same.
to the point where the said bran(;h meets the main stream of the Coliim
bia, and thence <lown the said main stream to the ocean, withiree access
into and throngh the said river or rivers ; it being nnderstood that all
the nsnal portages along the line thns described shall, in like mauii(.'i.
be free and oj^en.
In navigating the said river or rivers, British snbjects, with tlicii
goods and produce, shall be treated on the same footing as citi/eiisui
the United States; it being, however, always understooil that notliiiij;
in this Article shall be construed as preventing, or intended tn
[oOJ prevent, the Government of the * United States from making any
regulations respecting the navigation of the said river or livers,
not inconsistent with the present Treaty.
Article III.
In the future appropriation of the territory south of the forty-ninth
parallel of north latitude, as i)rovided in the First Article of this TreiUv,
the possessory rights of the Hudson's Bay Company, and of all British
subjects who may be already in the occupation of land or other property
lawfully acquired within the said territory-, shall be respected.
Article IV.
The farms, lands, and other property of every description belonging
to the ruget's Sound Agricultural Company, on the north side of the
Columbia Kiver, shall be confirmed to the said Company. In case, how
ever, the situation of those farms and lands should be considered by tbe
United States to be of public and political importance, and the United
States Government should signify a desire to obtain possession of tbe
■whole, or of any part thereof, the property so required shall be trans
ferred to the said Government at a proper valuation, to be agreed upoii|
between the parties.
Article V.
The present Treaty shall be ratified by Her Britannic Majesty and by
the Bresident of the United States, by and with the advice and consent |
of the Senate thereof; and the ratitications shall be exchanged at Loii
don at the expiration of six months from the date hereof, or sooner, if|
possible.
In witness whereof the respective Plenipotentiaries have signed thti
same, and have aflixed thereto the seals of their arms.
Done at Washington, the loth day of June, in the year of our Lord I
18IG.
EICIIAIID PAKENHAM. [l. s.J
JAMKnS BUCUANAN. |l. s.J
.. ii
CASE OF GRKAT y.RITAIX Al'PENDIX.
85
Xo. III.
e sitt'ued m
A Narrative of the Pasmije of His Britannic ^[(ljest^fil ships Discovery and
Chatham, under the Command of Captain Vancouver, through the tStraits
of Juan de Fuca, and throtu/h the channel hnoicn at the present day as the
iiosario Straity to Birch Bay, situated in the ancient Culf of Georgia, S.
23W.andy.l2 W. {Extracted from Vol. I of ^^ Captain Vancouver's
Voyages,''^ imhlished in 1798.)
On tbe 29tli April, 1792, Captain Vancouver, in coinniand of His
Britannic Majesty's ships Discovery and Cliatliani, anchored, a,,,,, o,, ,,-m,
about eight miles within the entrance, on tiie soutliern shore ' '*" -"•
of the supposed Straits of de Fuca.
On the following morning (30th) the expedition weighed anchor, with a
favourable wind, and the same evening aiu'hored off a low,
sandy point, to which Captain Vancouver gave the name oi '^" ' '' '' '
New Dungeness.
Ou the 2nd May the expedition <]uitted Xew Dungeness, and sub-
sequently anchored, in 31 fathoms water, about a (juarter ^.y s, ir.12 p„ge
of a mile from the shore, in a liarbour, to which was given --"
the name of l*ort Discovery, after the vessel conunanded by Captain
Vancouver.
During the stay of the expedition at Port Discovery, namely, until
the 18th May, boat expeditions v.ere sent to explore the western shore
of the Straits.
Ou the 18th INIay the ships fpiitted Tort Discovery and entered Admi-
ralty Inlet, aiul ou the 19th thej' anchored off Kestova- „,y ,« ,;.,,. ,„g,.
tion Point, the name given to an anchorage discovered ''"
therein.
During the period of the staj- of the vessels at llestoration Point,
several boating expeditions were dispatched to explore the
shores in Puget Sound and Admiralty Inlet.
Ou the 30th May Captain Vancouver quitted Pestoration Point and
directed his course to the opening under examination by Mr. ^,,j. :,„ ,;,,,, p,,^
Broughton, who comnmnded the Chatham, the entrance to -■'
which lies from Restoration Point X. 20 K., 5 leagues distant, and there
anchored for the night.
On the 31st May he again weighed anchor, and oii the 2nd June Cap-
tain Vancouver anchored his vessels, in 50 fathoms water, M.ym. 17.1
in ahranch of the Admiralty Inlet, Avhich hecalled Possession -""
Sound, distinguishing its western arm by the name of Port -
Gardner, and its smaller or eastern one by that of Port Susan.
On the oth June the expedition quitted Possession Sound and
anchored the same night about half a mile from the western
shore of Admiralty Inlet.
On the Gth June the vessels worked out of the iidet, and reached its
entrance at a i)oint to which Captain Vancouver gave the .i,„„. „, ir^. page
name of Point Partridge, and, proceeding iu)rthward, after -"'
advancing a few miles along the eastern shore of the (lulf, the exi)edi-
tion was obliged to anchor in 20 fathoms water, finding no effect
from the ebb or flood tides, and the wind being light from the north-
ward.
"In this situation," Captain Vancouver stated, "New Dungeness
bore by compass S. 54 W.; the east point of Protection ii,..,r,iu.nn hy
Island, S. 15 W.; the west point of Admiralty Inlet, which, l;";;;':, ^^"",7;".'
after my much esteemed friend, Captain George Wilson, of ;,':;:"?;;„\'.',rH";Hna
the navy, I distinguished by the name of Point Wilson, S. r,;',:,';;'M!,'r;'^,'y'','
35 E., situated in latitude 48° 10', longitude 237° 31'; the "'-"™y„mi
pagp
nm. ii:ige
.Tulu* Tj. irnS, page
'.HI.
..I
ttUi
Chatham.
m I'Hfifiw
86
KORTHWEST WATKU BOUNDAUV ARUITKATION.
Piim-'.".)!.
Jim..- 7, IT'.n.
[40]
.Tune
L':i:).
i;;i:', 1.:
Ju
ir'.L'.
nearest shore east, 2 leagues distant, a \o\v, sandy island,
forming at its west end a low cliff, above which some dwarf
trees are produced from K. 20 W. *to N. 40 W., and the proposed
station for the vessels during the examination of the continental
shore by the boats, which, from Mr. Bro^- '.ton, who had visited it, oli
tained the name of Strawberry Bay, V x \V., lit the distance of about
G leagues, situated in a region apparently much broken and divided by
Avatcr. Here we remained until 7 in the evening. AVe then weighed.
butwith so little wind that, after having drifted to the southward of our
former station, we were obliged again to anchor until the next nioni
ing, when we made an attempt to proceed, but were soon again com-
pelled to become stationary near our last situation."'
"On the 7th June," Captain Vancouver continues, "about
in the evening, with a light breeze from the S. AV., we
weighed and stood lo the northward ; but after having advanced about
eleven miles, the wind became light, and obliged us to anchor about!)
that evening, in 37 fathoms of water, hard bottom, in some places
rocky; in this situation we were detained by calms until Xha after-
noon of the following day. Our observed latitude here
Avas iS'^ 29', longitude 237^*29'; the country occupying the
northern horizon in all directions appeared to be excessively broken
and insular. Strawberry Bay bore by compass N. 10 W. about three
leagues distant ; the opening on the continental shore, the first object
for the examination of the detached part}', with some small rock islets
before its entrance that appeared very narrow, bore, at the distance of
about five miles, S. 37 E. ; Toint Partridge, S. 21 E. ; the low sandy
island, south ; the south part of the westernmost shore, which is com
posed of islands and rocks, S. 37 AV., about two miles distant ; tlie
nearest shore was within about a mile ; a very dangerous sunken rock.
visible only at low tide, lies off from a low rocky point on this shore,
bearing I^. 79 W. ; and a very unsafe cluster of small rocks, some con-
stantly, and others visible only near low water, bore IS". 15 AV. about
two and a half miles distant.
" This country presented a very different aspect from that which we
had been accustomed to behold further south. The shores now before
us were composed of steep, rugged rocks, whose surface varied exceed-
ingly m respect to height, and exhibited little more than the barreu
rock, which in some places produced a little herbnge of a dull colour.
with a few dwarf trees.
" With a tolerably good breeze from the north we weighed about 3
in the afternoon, and with a flood tide turned up into Strawberry Bay.
where in about three hours we anchored in IG fathoms, line samly
bottom. This bay is situated on the west side of an island which, pro-
ducing an abundance of upright cypress, obtained the name of Cypress
Island. The bay is of small extent, and not very deep ; its south point
bore by compass S. 40 E. ; a small i.slet, forming nearly the north point
of the bay, round which is a clear good passage west; and the bottom
of the bay east, at a distance of about three-quarters of a mile. Tliii'
situation, though veiy commodious in respect to the shore, is greatly
exposed to the winds and sea in a S.SE. direction."
In consequence of tlie anchorage being much exposed.
Captain Vancouver resolved to proceed with his vessels up
the gulf to the northwest in quest of a more commodious situation.
" With a light l)rceze from the SE., about 4 o'jlock the next morn-
ing," (11th June,) Captain A'ancouver states, " we quitted this station,
and passed bet\veeu the small island and the north point of the bay to
,1
L".'t).
■11, iriti, 1.;
J A
1 affaiii com-
CASE OF GREAT BRITAIN APPENDIX.
tlic nortU westward, tlirough a cluster of immcrous islands, rocks, and
rocky islets. On Mr. JJronghton's first visit hither he found a quantity
of very excellent strawberries, 'vhich gave it the name of Strawberry
Buy; but, on our arrival, the fruit season was passed. The bay attbrds
good and secure anchorage, though sotr.etimes exposed ; yet, in fair
weather, wood and water may be easily i)rocured. Tiie island of
Cypress is principally composed of high, rocky mountains, and steep
perpendicular cliffs, wht('h,in the centre of Strawberry Bay, fall a little
back, and the space between the foot of the mountains and the sea-side
is occupied by low, marshy land, through which are several runs of most
excellent water, that find their way into the bay by oozing through the
beadi. It is situated in latitude is^ SGh', longitude 237^ 34'. The va-
riation of the compass, by eighteen sets of azimuths, differing from
18^ to 21^, taken on board and on shore, since our departure from Ad-
miralty Inlet, gave the mean result if 19° o' eastwardly. The rise and
fall of the tide was inconsiderable, though the stream Avas rapid. The
obb came from the east, and it was high water 2h. 37m. after the moon
Lad])assed the meridian.
" We proceeded first to the north-eastward, passing the branch of the
gnlph that had been partly examined, and then directed our course to
the iiorth-westward,along that which apjieared a continuation of the con-
tinental shore, formed by low sandy cliffs,
rising
from a beach of sand
and stones. The country,moderately elevated, str-^tched a considerable
distance from the north-westward round to these ..h-eastward,before it
ascended to join the range of rugged, snowy mountains. This connected
barrier, from the base of Mount Baker, still continued very lofty, and
appeared to extend in a direction leading to the westward of north.
The soundings along the shore were regular, from 12 to 25 and 30
fathoms, as we approached or increased our distance from the land,
which seldom exceeded two miles ; the opposite of the gulph to the
south-westward, composed of numerous islands, was at a distance of
, about two leagues. As the day advanced, the south-east wind grad-
ually died away, and for some hours we remained nearly stationary.
"In the evening, a light breeze favouring the plan I had in contempla-
tion, we steered for a bay that presented itself, where about C o'clock
we anchored in G fathoms of water, sandy bottom, half a mile from
the shore. The points of the bay bore by compass S. 32 W. and IS". 72
W. ; the westernmost part of that which we considered to be the main
land west, about three leagues distant; to the south of this jioint ap-
peared the principal direction of the gulph though a very considerable
arm seemed to branch from it to the north-eastward. As soon as the
ship was secured, I went in a boat to inspect the shores of the bay, and
found, with little trouble, a very convenient situation for our several
very necessary duties on shore ; of which the business of the observa-
tory was my chief object, as I much wished for a further trial of the
rate of chronometers, now that it was probable that we should remain
at rest a sufficient time to make the requisite observations for that pur-
pose. Mr. Broughtou received my directions to this ettect, as also that
the vessels should be removed, the next morning, about a mile further
up the bay to the north-east, where they would be more conveniently
itationcd for our several operations on shore ; and as soon as the busi
ness of the observatory should acquire a degree of forward-
[4iJ *ness, Mr. Whidby, in the Discovery's cutter, attended by the
Chatham's launch, was to proceed to the examination of that
part of the coast unexplored to the south-eastward ; whilst myself in
the yawl, accompanied by Mr. Paget in the launch, directed our
researches up the main inlet of the gulph."
rjT
88
NORTHWEST WATKK IJOUNDARY ARBITRATION.
No. lY.
i i
A Narrative of the Vni/tiyvH made hj the iipanisli Vessels Sutil ami Med-
eana, in the year 171H*, to explore the Strait of Fuea. {Extracted /mm
the Account of the Voyage jntltlished at Madrid in 180li.)
The two scliooncrs Sntil .and Mcxicana quitted Xootka in the nij^iht
between the 4th and 5th of Jnne, 1792, and thtf following is an account
of the progress of the expedition through the Strait of Juan de Fiicii,
translated from the Spanish narrative published at Madrid in ISOL* :
El viento cedio luego que salinios
del canal que forma la entrada de
Nutka, y siguio calmoso hasta las
once de la manana, que se entablo
la virazon por el O.S.O. Fne r^ufres-
cando en la tarde, y nosotros se-
guiraos con toda vela, llegando a an-
dar hasta siete millas por corredera,
que es el mayor audar <|ue adver-
timos en las goletas. De las cinco
a las siete se fue quedando el
viento, y al anochecer estabamos
diez y seis millas al O. 10° N. de
la entrada de Nitinat, y cinco millas
de un islotillo que tenianios por
miestro traves.
Debiamos segun las circunstan-
ciasdirigirnos j'l adelantar el reco-
Mocimiento de la entrada de Juan
de Fuca; por esta razon no nos
detuvimos a examinar los puntos
de la costa que teniarnos a la vista,
y solo corriinos bases para colocar
algunos, y rectiiicar la carta que
de ella habian levantado los oflciales
y pilotos del departaniento de San
Bias, cuyo por menor liallamos
bueno.
Seguimos navegando en la noche
con toda vela al F]. 5° S., con viento
fresco por el O.S.O., en la confianza
de que la claridad de la noche, que
aumento a las diez con la luz de la
luna, nos proporcionaba toda se-
guridad; a las dos se quedu casi
calma el viento, y amanecimos en
estas circunstancias como media
legua al S. E. de la punta E. de
Nitinat, y a la vista de la boca del
estrecho 6 entrada de Juan de Fuca.
Hasta las once siguio ia calma ;
les corrientes nos respaldaron para
dentro del Estrecho como una
legua. # # #
The wind abated as soon as we
left the channel which forms tlie
inlet of Nootka, and it contiinied
calm until 11 in the morning, when
the sea-breeze set in from AV.S.W.
It freshened in the afternoon, niul
Ave proceeded with all sail, making
as much as 7 miles by the log,
which is the greatest way that wo
observed in the schooners. From
5 to 7 the wind continued, and at
nightfall we were IG miles W.
10° N. from the inlet of Nitinat,
and 5 miles from a small islet which
we had abreast of us.
We Avere, according to circum-
stances, to employ ourselves in ad-
vancing the survey of the inlet of
Juan de F'uca ; for this reason we
did not stop to examine the points
«>f the coasts which we had in sight,
and only ran bases to place some
(of them) and to rectify the chart
of it taken by the oflicers and pilots
of the Department of San Bias, the
detail of which we found good.
We continued our course in the
night Avith all sail to E. 5° S., with
a fresh Avind from W.S.W., trusting
that the clearness of the night,
which was increased at 10 o'clock
by the light of the moon, Avould af-
ford us every security ; at 2 o'clock
the Avind Avas almost calm, and thus
day broke upon us about half a
league S.E. of the east point of
Nitinat, and in sight of the mouth
of the strait or inlet of Juau de
Fuca.
The calm continued until 11
o'clock ; the currents carried us
about a league within the Strait.
J--A
CASK OF t.REAT J5KITAIN APPENDIX.
89
eriioon, ami
A las once se eutablo el viento
por el S.O.,y nos dirigimosal E.S.K.
para atravesar la boca del Estrecbo.
* * # #
A las cuatro de la tardo avista-
mos el I'lierto de Nunez Gaona, y
poco desfnies luia coibeta en sii
I'ondeadero, que conjetnranios ser
la noinbrada "rrincesa," peiieiie-
ciente al Dep.irtaraento de San
l>las. Seguiinos la derrota j'l cos-
tear la parte O. del pnerto, y a poco
Ilo^'<'» el Tenieute de Navio Don Sal-
vador Fidalgo, Coniandante do
(liclia corbeta, y nos contirmo en la
idea de que la costa O. del puerto
era sucia, conio lo indicaba el sar-
gazo ; la dejamos perdiendo bar-
lovento, y a costa de algunos bordos
eoiiseguimos anclar (i las sels y
media de la tarda miiy ])r6ximos a
la " rrincesa/' # * #
xVunque el Alferez de Navio D.
Manuel Qnirnper Labia reeonocido
liasta el Puerto de Quadra, y el
Teniente do Navio Don Francisco
Eliza basta el Canal de nuestra
Sefiora del Kosario en los afios an-
teriores, no Inibian examina-
[i2] do las bocas de *Caamano,
de rion, Seno de Gaston,
Canal de Floridablanca, Boeas
del Cannelo y de Mazarredo.
Tor las noticias que liabian adqui-
rido de los Indios, la de Caamano
internaba niucbo, pero su fondo no
))ermitia paso sino a las canoas ; la
do Flou era de muy poca conse-
ciiencia. Juzgaban, con alguna
diula, cerrado el Seno de Gaston, y
proponian como el reconociniiento
man interesante el de la Boca de
Floridablanca, que segun se pre-
seiitaba en la carta que babiau
trazado de estos canales, ofrecia
dos entradas formadas por una isla
colocada en su niediauia, que des-
pues de nuestro exanien se ballo ser
la Peninsula de Cepeda y Langara.
El canal, segun babiau compre-
bendido j'l los ludios, internaba
inucho. * # #
Con tales noticias tratamos de in-
ternarnos para acabar deexaminar
el Seno de Gaston, y proceder al
reconociniiento del Canal de Flori-
At 11 tbe wind set in from S.W.,
and we proceeded E.S.K. to cross
the nioulJi of the Strait. * *
At 4 111 tbe afternoon we sighted
the port of Nunez Gaona, and soon
after a corvette in its anchorage,
whicli we supposed to be that called
Princess, belonging to the Depart-
ment of San Bias. Wa shaped our
course to coast along tlie west part
of the port, and in a short time
Lieutenant Don Salvador Fidalgo,
Conunamler of the saitl corvette,
came on board, and he conlirmed
us in our opinion that the west coast
of the port was foul, as the kelp in-
dicated ; we dropped away from it,
losing the favourable wind, and,
after some tacks, succeeded in an-
choring, at half past p. m., very
close to the Princess. * *
Although Sub-Lieutenant Don
jNIanuel Quimper had surveyed as
far as the port of Quadra, and
Lieutenant Don Francisco Eliza as
far as the Channel of Our Lady of
the Eosary, in the preceding years,
they bad not examined the mouths
of Caamafio, of Flon, Bay of Gas-
ton, Channel of Floridablanca,
mouths of Carmelo and of Mazar-
redo. From the information which
they had obtained from the In-
dians, that of Caamano went far
inlaiul, but its depth did not fdlow
a passage except to canoes. That
of Flon was of very little importance.
They thought, though with some
doubt, that the Bay of Gaston was
closed ; and they proposed, as the
survey of most interest, that of the
mouth of Floridablanca, which, as
shown on the chart which they had
drawn of those channels, presented
two inlets formed by an island sit
uated in its oentre, which, after our
examination, was found to be the
peninsula of Cepeda and Langara.
The channel, as they had under-
stood from the Indians, penetrated
far. » # * *
With such information we thought
of penetrating inwards to finish the
examination of the Bay of Gaston,
and to proceed to the survey of tbe
! '
'^'rkl
-^
rri-
90
NORTHWEST WATKR BOl'NUARY ARIUTRATION.
': *
dablsuica, dejaiulo los ile Caainano
y Floii como de nu'iios eiitidad, y
mas propios para ser reconocidos
on el caso, quo creiamos i)robable,
do baber de retvoooder. La dircc-
cioii del Canal deCaanianoliaciael
Sur, y la probabilidad do que fueso
51 salir u la boca de Ezeta proxiina
SI los 4CP 14' de latitud, im otra de
las considoracionesquetuviinos pre-
sentcH al adoptar este plan.
A las doco entro el vionto tlojo
por el S. Vj. ; ol tiempo claro uos in-
dicaba que en el canal reiiwiria el
O. A las docc y media diinos la
vela, y dirlftiiuos a pasar ])or ol pe-
quefio canal que liay al E. de la
isleta de la boca ; lo que consoffui-
mos con felicidad. EsK canal es
mny estrecbo por las re. Lindas que
salon de las puntas que lo I'orman,
y asi solo debo seguirse cuando lo
cxija la necesidad, 6 se vea on olio
una ventaja decidida. A nosotros
iios ])aroei6 que adelants'ibamos la
iiavesacion, puos pensabamos se-
guir la costa sur del Estroclio, por
ostar llona de excelentes fondea-
deros. * * *
Luego que saliinos del canal, co-
iiocimos que la derrota que debia
liacerse para internar en ol era
acercarse ;'i la costa N., respecto de
quo en la que Intentabamos seguir
reinaba una i>erfecta calma. Cuan-
do vimos el oleage que movia el
viento fu6 preciso ecliar el bote al
agua y armar los remos para salir
a encontrarle. * * *
Luego que salimos al viento
fuimos dirigiendonos a la costa del
N., navegaudo al X N. E. y arri-
baudo para el E. al paso que nos
ibamos acercando a ella: a las once
de la noche nos pusimos li costearla
li distancia de una legua escasa, y
seguimos con el viento al O. If. O.,
fresco con un tiempo claro y her-
moso.
Anianocinios corca de la Punta
de Moreno de la Vega, y orzamos a
pasar por entre ella y los islotes
quo tiene en sucercania: derrota
que indicaba Tetacus, y que reco-
meudabau mucbo los que babian
Cbannel of Floridablanca, leaving
tbose of Caaniano and Flon as of
loss importance, and more flttingto
bo surveyed in case of our baving
to fall back, wbicli we tbouglit
probable. The direction of the
CliJinnol of Caamano towards the
south, and the i)robability of its
issuing at the mouth of E/.eta, nonr
m^ 14' latitude, was another of tlio
considerationswhicbwehadinmiiid
when adopting tiiis plan.
At 12 o'clock began a slack wind
from S. E. The dear weather indi-
cated that the AV. would prevail in
the channel. At balf past 12 wc
made sail, and shaped our course
to pass by the little cbannel which
there is to the E. of the islet in the
mouth. This channel is very nar-
row, on account of the reefs which
issue from the points which form it,
and, therefore, it ought only to be
followed in a case of necessity, or
if it api>ears decidedly advanta-
geous. To us it appeared that we
were advancing the navigation, for
we tbougbt of following the south
coast of the strait, because it had
plenty of excellent anchorages. *
As soon as we got out of the
cbannel, we found that tbe course
to be taken to get inwards was to
approacb tbe N. coast, because on
that Avbicb we were trying to follow
a perfect calm prevailed. When
we saw tbe waves whicb were
moved by tbe wind, it was necessary
to launcli tbe boat and ship the
oars to go to meet tbem. * * «
As soon as we got out into the
wind, we shaped our course to the
K. coast, navigating to N. K E.
and bearing for E. as we were get-
ting near to it. At 11 at night we
began to coast along it at the dis-
tance of a short league, and we
went on witli tbe wind fresb from
W. ]^. W., tbe weather calm and
line.
Day broke upon us uear the
Point of Moreno de la Vega, and
wo luffed to pass between it and the
islands in its vicinity — a route
pointed out by Tetacus, and much
recommended by tbose who bad
J....M
CAffiE OF (iUIUT imiTAIN — ArPENDIX.
01
iiavoprado en oste Estrocho. Vori-
fk'iulo oste pa.so, iibonaiizo el vieiiTo,
y sc^niiinos cou veiitoliiias del (.).
al S. toUa la niauana. * * #
Xos diiigimos al jmerto de Cor-
doba, doiide Tetacus iiidicabadebia
quedarse, y si que daba el nonibre
Cliacliiniiitupusas. Tetacus habia
dorinido con sosiepo toda la nocbe,
no desniintiendo Jamas sulranqueza
y conllanza ; dabaHutratocontinnas
piuobas de sii I'aeil coinprebension ;
conoeia en la carta la eonlijjuracion
del estreclio »'; islas descubiertas, y
nos dijo los iionibre.s que el les
(laba. JlJoblada la Punta de IMoreno
(ie la A'ega nos advirtio liiciesenios
alli agua <|ue era rica y abundante,
porque ]»asado a<iuel sitio
[43J los nianantiales *eran escasos
y el agua do nial sabor.
(Joinia con aseo de cuanto le daban,
iuiitando en todo iiuestras aceiones,
que observaba sienq)re cuidadosa-
meute. Se acordaba do los noinbres
<le todos los capitanes Ingleses y
Espafioles que ban visitado la costa
de tierrji-flruie y arcliipi61ago8 de
Clancuad y Nutka, y aun uos dio
noticia de que luibia dos einbarca-
cioncs grandes deutro del Estrecbo.
Cuaudo nos liallabanios cerca de
laradade Eliza se acercarou a bordo
de la "Mexicana" tres canoas cou
cnatro 6 cinco Indios cada una, pero
siu querer atracar al eostado.
A las once de la niafiana conse-
guimos toniar el puerto de Cordoba,
y anclamos en seis brazas do agua,
suelo arena, en la parte del S. del
i'ondeadero. * * * Se despidio
Tetacus de nosotros con la mayor
cordialidad y se fue si tierra. * *
Por la tarde estuvimos en tierra
visitando las rancberias de Tetacus,
donde babia como cincuenta Indios.
* * * Tetacus mostraba la mayor
amistad Ji sus buespedes * * *
y nos retiramos (i bordo nuiy satis-
t'ecbos. Por la uoche hubo sum a
quietud en el puerto, y nosostros
tuvimos la vigilancia que pedia el
evitar una ocasion de desgracia. *
navigated in tbis strait. This pas-
sage having Itcen nuule, tbe >vind
went down, and we pro('<4»Mled witb
ligbt breezes from ^V. to S. all the
morning. ♦ # «
"NVe steered for the i)ort of Cor-
dova, where Tetacus said be was
to stay, and to wbich he gave tbe
name of Chaebimutupusas. Teta-
cus bad slept quietly all night,
never belying bis frankness and
conlldence ; his behaviour gave con-
tinual proolH of his easy compre-
hension ; lie undeistood on the
chart the configuration of the strait
and the islands discovered, and ho
told us the names which lie gave
them. AVhen the Point of Moreno
do la A'e<.a was doubled he advised
us to take water there, as it was
excellent and abundant, but after
passing that idace the springs were
scanty, and the water of bad taste,
lie ate what was given to him with
decency, imitating our actions,
which ho always carefully observed
in all things. He remembered the
names of all the English andSpau-
ish captains who had visited the
coast of the maiidand and the arch-
ipelagos of Claucuad and Nootka,
and ho also informed us that there
were two large vessels within the
strait.
"When we were near the roadstead
of Eliza, three canoes approached
the Mexicana, with four of five In-
dians in each, but without wanting
to come alongside. # # *
At 11 inthemorningwesacceeded
in making the port of Cordova, and
we anchored in six fathoms of water,
sandy bottom, in the southern part
of the anchorage * * * Tetacus
took leave of us with the greatest
cordiality, and went ashore. * *
In the afternoon mo landed and
visited the huts of Tetacus, where
thcrewereaboutlifty Indians. * *
Tetacus was exceedingly friendly to
his guests * * * and we re-
turned on board very well satisfied.
At night it was perfectly quiet in
the port, and we exercised such
vigilance as was necessary to pre-
vent any chance of misadventure. *
-<',t
1^.
t'^m
02
XOIJTIIWEST WATKU MOINKAUY AltlHTHATKiN.
VA piuMtodeCN'tidoba cs hcrnioso. The \m\\ ofCoidovii is hfiiutiCiil.
I'iii osto i>y('rt(» fiU' (IoikI*^ la ftolcta
" Satin iiinii" tiiv<Mnu' cafioncar las
(laiioasdclnsliabitaiitos paraiU'lcii-
der la lanclia del i)a(iiU'l»ot Haii
CaiioH, <|ue vciiia on sii consciva, y
do la quo ob.stiiiadaineiito (|Uoi'iaii
apodoiarso.
Coinool tioinpoiios liabia favore-
{'i<lo para (pie dotoriniiiaHonios on ol
dia la latitud y loiiftitud dol puorto,
nos lovanios s'l la.s trosde la madru-
gada con la niaroa .salionto. Dondo
las oclio do la niaPiana oinpozamos a
gozar do la virazon, (pio ontiM bo-
nanciblo \)ov el S. S. (). Nosdiiiyi-
nio8 a la nicdiania dol canal ])ara
tenor el vionto en toda su I'noiza y
buscar las Islas de Donilla, qne son
una buoini niarca para la dorrota.
rasanios algunos escarceos mny
fuortos de las corrientos, y avistadas
las islas nos diriginios a ellas, de-
jandolas por estribor. A las cinco
do la tanle, qne empozo a qnedarse
el viento, atracanios la pnnta S. E.
de la Isla de San J nan para dar
I'ondo a la parte E. de ella, lo qne
consegnimos a las nnove de lanoche.
El objoto principal de toinar este
ancladero era i»ara ol)sorver en ol
nna emersion del primer satelite do
Jnpitor. * # #
Al foudear estaba la marea pa-
rada ; so oxamino su fuerza, y nunca
past) de nna niilla y media por bora
en direccion al S. S. E. liastalas tros
y media, y a esta bora cambio para
adentro. Snbio ol agna de ocho a
nueve pies.
A las siete de la mafiona <o doj«>
sentir una ventolina por cl B.S. E.;
con ella dimos la vela ;\i.r t aprove-
cbar lo rcstante de la uiaroa favo-
rable ; el cielo estaba nublado, y el
liorizoute apenas era de una milla.
Cenimos el vionto para atravesar a
la costa del E., no solo para seguirla
y no perder la boca del Canal de
Guemes, qne va por entre la isla
de este nombre y la costa, sino tam-
bien para montar los islotes que hay
alamedianiadel canal en queestiiba-
mos, y sobre los que nos respaldaba
a corrionte con rapidez. A propor-
It was in this poit that the sohoonci
Satnriiina had to tiro upon tlic
canoes of the inhabitants to dolond
tlio lanncii of the paokotboat Suii
Carlos, which cami! in her company,
and of which thoy obstinately cm
doavonrod to got possession.
As the weather had boon so fav-
ourable astoenablons to detorminc
the latitude and longitude of tlio
port in the day time, wo weighed iit
.'» in the morning with the tido
going out. From S in the morninj;
W(; began to enjoy the breeze which
sprung np lightly from S. S.W. We
steered for the middle of the chan-
nel to have the wind in all its force,
and to seek the islands of lUmilla,
which are a good mark for the
course. Wo ])assed some very
strong races, and, having sighted
the islands, we made for them and
left them on the starboard hand. At
") in the afternoon, when the wind
began to fail, we ueare<l the S. K.
poiiit of the Island of San Juan, in
order to cast anchor at its eastern
]>art, which we etfected at at night.
The prircipal object of taking this
an. d: ./rage was to observe there uu
emersion of the chief satellite of
Jnpitor. # # *
On anchoring, the tide was at the
slack ; its force was examined, and
it never exceeded a mile and a halfan
hour in the direction of S. S.IO., until
half past ."», when it changed for the
direction inwards. The water rose
from 8 to \) feet.
At 7 in the morning a breeze was
felt from S. S.IC. ; with it we set sail
to avail ourselves of the remainder
of the fa^ ourable tide ; the sky was
cloudy, and the horizon scarcely a
mile. We hugged the wind to cross
to the east coast, not only in order
to follow it and not to lose the
mouth of the channel of Giiemes,
which runs between the island of
that name and the coast, but also
to double the islets which are in the
mid'Jle of the channel in which we
were, and upon which the current
was driving us with rapidity. In
CASK Ol' (iWi;AI HKHAIN — .M'PKMiIX.
93
cjoii i|iic fitiinos siiliciiilo a Isi nii'-
(liaiiiii I'ue tcsiimlo .v aliirj;iiii(los(' la
vciitoliiiii: airiltaiiiiis al past) ()ii<>
iios acrrcabaiiiDs a la ('<»sta tli'I I!.,
y costcamos las dos Islas .Monos
roil <'l aiixilio dc la viia/oii (|IH'
iipaiitii por t'l S. (Icsdc las oclio
do la iiiafiaiia, (1<'>p('JaiMl<) «-l cit'lo.
Jjl('j;ainos ii la piiiita S. (>. «U>I (anal
do (liii'int's, y ciihainoM «'ii cI. iiavc-
••iiiulo al ])i'iii(:ipi(> a iiicdio
[H| *fre() para libeitanios de la
caliiia dc la costa ; ]>t'n) ya
doiitro tomo ol viciiti) sii dirt'ccioii,
yiios aciTcaiuos a la del 8iir para
iilicrtanios dc la liicrza (U; la cor-
ik'iit(^ coMtraria, que seiiipn; coiitrrt-
rcHtaiiios ('(Ml iniu'lia vciitaja, jnu^s
aiiiupie el vicuto cstaba llojo, aiida-
l)aiii<)S tros nullas y media por liora.
La iiavi'<;a<!ion era iiiny ajiiadabh',
l»or lo frondctso de la oosfas. JOii
la del N., que a la entrada es de
playa, vinios una raiielieria pr(»xiina
alapiiiita X. ()., que exaininada eon
ol anteoji.ie hallo eonsistir en dos
casas jiiandes; varios Indios cor-
ri(''rou a la playa, .se einbarearon en
una canoa. y se dirigieron ii las
goletas, diindoles eaza eon tanto
acierto conio i)udiera haeerlo el
mas experto inarino. # # #
Eiitre tanto seguinios la eosta del
.Sur del canal por einco brazas de
agua I'ondo arena liasta la punta S.
E., y desde esta lo atravesamos diri-
iiicndonos a la panto tajada del N.
li, de la que pasaiuos a niuy corta
distancia para seguir la costa de
la Isla de Giienies, y i)or ella y
las "Tres llernianas" dirigirnos al
yeno de Gaston.
Luego que doblanios la punta N.
E. quedanios en calma, y fue nece-
sario acudir a los reiuos para verdi-
carel paso, contrarestaiido algunas
ventolinas escasas del O.S.O «iue
so oponiau; ])ero luego q\ni pasa-
iuos las islai , llamo el vieuto al O.
y cefiimos v biertos por babor para
inoutar la Punta de Solauo. El
calor incomodaba mucho, pues auu-
que el termoinetro a la soiiibra es-
taba eu la graduaciou teinplada,
expuesto al sol subia hasta veiute
y nueve grados y medio, y aun hu-
pi'()|(ortion as we weie getting into
mid rlianiu'l the bree/c iVeslicmMt
and veered att ; we l>ore away whilst
we neared the eastern coast, and
w«' coasted along the two Morros
Islands with the aid of the breeze,
w hich was direct S, from S in the
morning, and (;leai'ed the sky. We
reachccl the S.^^'. point of thi* (dian-
nel of (liicnies, and we entered it,
lavigating at tirst in mid-channel
tit avoid thiM'alm of tluM'oast; but
Wiicn within, the wind took its di-
rection, and we neared that of the
S. to avoid the force of the coidrary
current, whiidi we always resisted
with great advantage, I'or although
the wind was slack we went three
miles and a half an hour. The nav-
igation was very jtleasant Jrom the
woodiness of the coasts. On that
of the N., which at the entrance is
a beach, we saw a station near the
X.W. point, which, on being ex-
amined with a telescope, was seen to
consist of two large houses; several
Imlians ran to the beach, endtarked
in a canoe, and made for the
schooners, giving them chase with
as Duich skill as the most exi»ert
si'aman. * , * * Meanwhile we
followed the south coast of the
channel in live fathoms of water,
sandy bottom, to the S.M jtoint, and
from that we crossed it towards the
N.E. point, from which we passed
at a very short distance to follow
the coast of the Island of Giiemes,
and by thatand the "Three Sisters"
to make for the liay of (Jastou.
As soou as we doubled the N.E.
])oint we were becalmed, and it was
necessary to resort to the oars to
make the passage, resisting some
scanty breezes from W.S.VV. which
opposed us; but as soou as we
passed the islands the w ind veered
to the W., and we hauled free to
port to double the Point of Solano.
The heat was very distressing, for,
although the thermometer iu the
shade was at the temperate degree,
when exposed to the suu it rose to
29^ degrees, and would even have
1
'it
rt
-. vV
^>^A
w
hi
f
94
NORTHWEST WATER BOUNDARY ARIJITRATION.
I
f
r'
biera siibido mas si no luiblt^ranios
salida a eiicontrar la coniente del
Tiento.
A las ciiico eiitablo este por el
S.; liiclnios rumbo, y Jios iiiterna-
mos en el Sonode Gaston, ({iie ann-
que no e.staba del todo reconocido,
costeanios su parte E. paia diri^ir-
nos a su I'ondo, y ver si tenia en »''l
algnn canal. El viento fue retVes-
cando, y iavoreeidos de «''l, estaba-
mos al anocliecer satislechos de
que, ciKvndo mas, babria un lio ])e-
queno en su parte interior. La
costa <iue lo forniaba era de tierra
biija y anegadiza, (jue corria por
entre dos lomas, y ii algunadistan-
cia aparentaban canal ; el Ibndo era
de seis a siete brazas, piedra, y pen-
sabamos boidear para echarnos
fuera, cnando caimos en cinco greda
dura, por lo (lue se prelirio tbndear
contando, como liasta entonces ha-
biamos visto,que el viento se queda-
ria eu la noche. La sitnaeion era
buena para dejar caer el ancla, y
poder reconocer mas prolijamente
la parte interior de la ensenada en
la mafiana siguiente. Alerramos
todo aparejo, aviso el timonel de la
Sutil do cuatro brazas de I'ondo, y
se dejo caer el ancla; perodespues
de arriar treinta brazas de cable, se
hallo la goleta en dos y media de
agua.
Tnmedisitainente Uiando el Co-
mandante sondar i)or la po])a y las
aletas; a dos cables de ('.istancia si
halltirou dos brazas, y se couocio
(pie el ancla habi i cai(U) en tres.
Esta e«piivocacion del timonel nos
puso en muy mala sitnaeion. Se
pas('» la noclie con cuidado, y du-
rante toda ella \ffici('> el agua, de
suerte quo al am.mecer est;ibamos
en una braza y media, llabiamos
visto claridades al S.E. de la mon-
tafia del Carmelo, y aun a ve^'cs
algnnas llamaradas, sefiales ([ue no
dejiirou duda (pie bay volcanos
eon luertes eruiK'iones en atpiellas
cercanias. La iMejicaiut liabia fon-
deado como dos cables mas al O,, y
en mediii braza meuos de agua ; el
risen higher if we liad not gone out
to meet the current of the wind.
At .") o'clock the wiiul settled
from the S.: we made our cour.so,
and we went into the Bay of Gas-
ton. Although it was not at all
surveyed, we coasted along its east-
ern part, in order to make for its
extremity, and to see if there was
any channel in it. The wind still
freshened, and, favoured thereby,
we were by nightfall satisfied tliat
it could have, at most, but a small
river in its inner part. The coast
which formed it was of low, imiii-
dated land, which ran bet\Yeentwo
hillocks, and at some distance they
appeared to be a (channel. Tlic
deptu was from to 7 fath-
oms, stony, and we were about to
tack to get out, when we fell into
.") fathoms har<l clialk, wherefore
it Avas thought best t(> aiu-hor, reck-
oning, as we had found until then,
that the Avind would continue in
tlie night. The situation was favour-
able for casting anchor and for ex-
amining more carefully the innci
part of the inlet on the following;
morning. AVe made all fast, the
steersman of the Hutil notiticd I
fathoms depth, and the anchor was
dropped, but, after paying out
oO fathoms of cable, the schoonci
was found to be in 2 and a lial!
fathoms of water.
The connminder immediately ot
dered soundings at the stern and
the ((uarters; at two cables dis-
tance two fathoms were found, ami
it was ascertained that the anchor
had ralleii in three. This mistake
of the steersman placed us in a very
awkward situation. The night was
])asscd with anxiety, and during
the V hole of it the water decreasetl,
so that at daybreak we were in ;i
fathom and a half. We had seen
illuminations to the S.IC. of tlie
mountain of Carmelo, and even
some Hashes at times, indications
which left no doubt that there aiv
volcanoes with strong erui>tions in
those parts. The ^lexicana had
anchored about two cables more to
CASE OF GREAT BRITAIN APPENDIX.
95
ot jioiie out
he Aviiid.
iiul settled
nnr course,
iay of Gas-
not at all
)iif? its east-
nake lor its
t' tliere was
e wind still
etl thereby,
itistied that
but a small
The coast
r low, inuii-
)etweentwo
istance they
mnel. The
to 7 tilth-
re about to
we Cell into
, wheretbi'c
mclior. reck-
[ until then,
continue in
I was favour-
and for c\-
y the inmi
le followiiiii
dl fast, tlii'
I notili<'d 1
! anclior was
payin.i;: oat
le schooiK'i
and a liali
ediately or-
' stern and
cables dis-
found, and
the ancluir
lis niistalsi'
us in a very
\eni^ht was
and duriiii;
r decreased,
wer«^ in a
i> had set'U
^.1-:. of tlie
and even
indications
at there arc
pru].tions in
xicana had
>les more to
vicnto, fine hahia soplado en la
no(die bastante fresco por el 8.S.E.,
babia levantado alj;una nnirejada,
con lo ((ue empezb u tocar de popa.
I)i(') una espia inmediatemente con
su lancha, y sobre ella trat(> de dar
lavehisiu larjiar el cabo has-
[■15| ta estar en viento. *Entre
tan to la Sutil se llanni a
l»i(|ue del ancla, y se halh) en dos
bra/as de agua ; se estaba metiendo
el bote para dar la vela (juando
avertimos que la IMejicana habia
varado, per lo que so volvio a c(.'har
I'liera, y se le en\ 16 para auxiliarla.
Habia tenido aquella goleta la des-
<;Ta('ia de venirsele el anclote, que
habia dado con la espia, y se hal-
laba nniy expuestu a dar un ban-
da/.o,siendo preciso a la gente hacer
palanca- con los remos para evitar
este desastre. A la Sutil tambien
se le vino el ancla en el instante de
liar la vela, y por pronto <|ue se
a( iidio con el a[»arejo, varo en seis
Iiiesescasosdeagiui; i)ero tonnulas
las debidas luovidenciis, al cabo
de una hora salicroii las dos ;'i Uote.
Inniediatamente se procedi(') a
dis|)oner los bu(iues i)ara dar la
vela y continuar la navegacion, y a
las ncho y media de la ma nana, ya
estaban bordeando con el viento
iVesco del H.S.K. para ecbarse fuera
del t5enodeCiaston,sia exi)erimen-
tar (lue hiidesen agua alguim. aun-
(jue liabian dado muchos golpes en
el Ibndo.
J)e.spues de varios bordos mon-
ti'iron las ])untas S. y (>. del t?eno
de (iaston a las cuatro de la tarde,
y eiitraron por el Canal de I'acheco ;
siiL;uith'on por medio Ireo, cediendo
algo el viento, y tomando la direc-
eion dJ mismo caiud, luego que
eutniron en el, Despues de salir
did canal, en la Eusemula de Lara,
viinos dos embarcaciones menores,
la una con aparejo de mistico, y la
otra con vcda redonda, que seguian
hi costa liacia el 2f. No dmlamos
que pertenecerian a los dos biuiues
Inglesescpie estabau en el Estrecho,
the W., and in half a fathom le5»
Avater; the wind, which had blown
pretty fresldy in the night from
S.S.l"'., had raised a swell, with
which it began to touch at the
stern. She immediately gave out
a warp with her hr.'uch, and upon
that setabout hoisting sail without
loosing the ro[)e until meeting the
wind. .Meanwhile the Sutil was
shortening in her cable, and was
found to be in two fathoms water;
we were hoisting in the boat in
order to set sail, when we noticed
that the Mexicana had grounded:
it was, therefore, got out again and
sent to her assistance. Tha t schoon •
er had had the misfortune to drag
home the stream anchor, which she
had cast with the warp, and was in
great danger of going over, so that
it was necessary for the men to
prop her with the oars to i)revent
such a disaster. The Sutil also
dragged home her anchor at the
moment of setting sail, ami (piiidvly
as the tackle was resorted to she
^.ounded in a scanty six feet of
water; but, all due means having
beeu applied, at the end of an hour
both vessels were afloat.
l*reparations were immediately
made for the vessels to set sail and
continue the Jiavigation, and at
half past S in the m nning they
were ta(d<ing with a fresh S.S.E.
wind to get out of the Jbiy ol'd.is-
ton, and it was i;ot foun<l that they
made any water, although they had
frequently struck the bottom.
After various ta(dvs they double<l
the S. and W. i)oints of the J>ay of
tlaston at I in the afternoon, and
nnide for the Channel of Pacheco;
they proceeded ^' jnid-channel, tlie
wind somewhat ai)ating, and taking
the direction of the channel itself
as soon as they entered it. After
leaving the channel, in the Creek
of Lara, we saw two smaller boats,
one with sliding sail-rigging, the
other Avith .s(piare sail, which were
following the coast toward the N.
We had no doubt that they be-
loiigeil to the two English vessels
-;?»■
w
96
NORTHWEST WATER BOUNDARY ARBITRATION.
sog'un lasnoticias do nnc-stro amigo
Tetacius. Soguiinos sin variar «lo
riiiubo, peusaiulo iiavegar toda la
iioche coll ])Oca vela, y ainanecor
Hobie la ruiita tli> ^^aii llafael para
estar al i)rincipio del dia en la boca
do Floridablaiii^a, 6 iiiternanios on
olla SI voiitioar dosde liiego sii le-
ooiioeiinionto quo, couio so ba dicbo,
toiiiainos niotivo para croor fuoso
nmy iiiterosaiite. Atravosamos do
dioz a docc do la nocbo la I'^useiiada
dol (iaizon, viondo luces doutro do
olla, quo nos indicaron quo los bu-
<iues a <iue portonoeiau las einbar-
cacionos nicnores ostaban en aquel
londoadoro.
El ^ ionto, quo vobi fresco toda la
nocbo, bizo cuniplieramos la dis-
tancia basia cerca do la Puuta do
San Kafael a la una do olla. Cefii-
inos con las j;avi«s arraidas do la
vuelta do I'uoia, y a las dos do la
nianana viranios do la de dentro,
sondando ;'i jtoco tionipo eu siote
brazasdo Ibndo; volviuios a toniar
la vuelta do fuera, y coiitinuo dis-
niinuyendo el londo basta cinco
brazan arena. En esta situacioii
parocio oportuno dejar caer el ancia
por no emiienarso do nocbo en bus-
car la salida, ni ser prudonto el
continuar bacia la boca sin tenor de
olla mas seguro conociniiento.
Eondeanios, y c<v: las prinioras
luces del dia vinios quo estabanios
a medio canal, en la enlilacion do
l*unta do San ]ial'ael con la punta
E. do la Ton insula do Cepeda.
wbicb were in tbe Strait, according
to tbe information of our friend
Totacus. We went on witliout
cbanginp; '"ourso, tbinkinjj^ to
navij^f'te all nigbt witb little sail
and to bo oft" tbe l*oint of Sail
Kafaol at daybreak, so as to {>'et to
tbe moutb of Floridablanca early in
tbe morninjr. to go witbin and to
make tbe survey at once, wbicb, as
bas been said, we bad reason to
believe would bo very intorestiIlf,^
From 10 to 12 at nigbt we crossed
tbo Creek del Garzon, and saw
ligbts witbin it wbicb indicated
tbat tbe vessels to wbicb tbe small-
er boats belonged were in tbat
anchorage.
Tbe wind, wbicb kept fresb all
night, enabled us to make tbe dis-
tance to near tbe Point of San
llafael by 1 o'clock. Wo stood out-
ward with reefed topsails: a^d at
2 in the morning we vt e ; :1 , >ixi,
sounding soon in sevi ;; iai . 1,8
deep ; wo again stood out war-' and
tbo depth continued decreasing to
tivc fathoms sand. In tbis situa-
tU)n it appeared fitting to cast
alicbor, so as not to run any risk in
seeking tbe outlet at nigbt, and as
it was not prudent to continue near
tbe month witbout having more
certain knowledge of it.
We anchored, and with tbe liist
lij^ht of diiy wo saw tbat we were
in mid-cbannel, in a lino with the
I'oint of San Itafaol, and tbe East
point of the reninsula of Cepeda.
[40] *Ji('Jaeio)i (Id Viage hccho j:ot'
Jas (ioktas iSiitil y Mcri-
cana en d Aho (h 17J>2, df.
La noticia confusa dol reconoci-
miento becbo on 1592 ])or ol piloto
Ciriego Juan do Fuca dol canal do
8u nombre, era la nnica <iue tenia-
mo8 hasta el ano de 1789. Ha-
llaudoseen Nutkael Alferez de Na-
A reference to the voyage of Suhlku-
tenant J>on Manuel (^hdt.iper, in
1790, to the IStrait of Fuca, e,r-
tracted from Chapter I of the Xar-
ratire of the Xoijage of the SutH
and Mexicana, hi 1792.
Tbe confused account of the ex
nmination made in 1592 uy *';'
Greek pilot John de Fuca, v, li;
channel which bears his name, wi!>
the only one we had up to the year
1789. Sub-lieuteM.iut (Alf(f5rez de
£^-
.:..a
CASE OF r.REAT BRITAIN — APPENDIX.
97
, accordiiip;
our iVi«Mi(l
II without
nkin^jf to
I little sail
ut of Sail
IS to j^vt to
iK'a early in
bin aiul to
e, wliicli,as
L reason to
interestinj;.
we crossed
, and saw
I indicated
li the small-
ere in tliat
[)t fresli all
ake the dis-
)iut of San
'e stood out-
lils; and at
MPil * v> 3rd,
T'^ 'a; ^ . iiS
lutwar.' ami
ecreasing to
I this situa-
iiio- to cast
II any risk in
oht, and as
jntinnenear
avins more
ith the tirst
liat we were
ine with the
lid the East
of Cepedii.
of t^uh-lii'X-
\(/ui).qk'}', in
!>/■ Fuca, ex-
'oftheKar-
1 of the Suiil
r>
it of the ex
1592 ity ^u"
tuca, o til-
ls name, was
to the year
|(Alf6rez dc
vio Don Esteban ]\Iartinez, des-
pues de haber tornado posesion de
este puerto en nombre de Su Ma-
gestad, record*') qne en 1774, de
vuclta de su expedicion al Norte,
le liabia parecido ver una entrada
luuy ancha por los 48° 20' de lati-
tiul. Orejeudo que pudiese ser la
de Fiica, commisiono un segundo
piloto mandando la goleta Gertru-
(lis para que se cerciorase de si ex-
ista 6 no dicha entrada ; en efecto
el piloto volvio diciendo la habia
liallado de veinte y una milas de
anclio, y cuya mediania estaba en
480 30' tie latitud, y 19o 28' al O.
de San Bias.
l*asadas estas noticias a la supe-
rioridad, tuvo orden el Teniente de
Navio Uon Francisco Eliza en el
auo de 1790 jiara hacer practicur
un reconociniieuto prolixo de esta
entrada. Destino a esta fin al Al-
fcrez de la misma clase Don Manuel
Quimper, mandando la balandra la
Priiioesa Iteal. Este oficial se hizo
ii la vela del inuerto de Nutka el
.)1 *le Mayo, rcconocio el puerto de
Claucaud, se interno despues en el
eaiial de Fuca, visito algunos puer-
tos y parte de la costa, levanto sus
jdaiios, y se retir«3 el 1 de Agosto,
no babiendole permitido los tiem-
pos el continuar los trabajos.
Al afio siguiente recibio Eliza
ordenes del virey de Nueva p]spana
(iira llevar a su fin el reconoci-
jiiK'iito ya enij)ezado, y quo cau-
s :i la curiosidad de los geografos.
!>;«•!!:, oticial salio de Nutka man-
(UiK'i- el paqueirot San Carlos y
>. 'ita Horcasitas, con la intencion
\arse a los CAP de latitud, y
dosceiider examinando la costa
iiasta el canal de Fuca, c interifr-
izarse eu cl para reconocerlo com-
I'it'uamento; pero no periniticn-
d(de los vieutos en muchos dias el
Ki'iiaral norte, resolvioeinpezar los
reconoci alien tos por los 48'^, y en-
vo('(') el canal el dia 27 de Mayo.
" rnniiiecid en cl hasta cl 7 de
-i^coslo, en qne se vio precisado a
rctirarse por teller ya escorbutica
I'aite de su tripulacion, y carecer
7d
Navio) Don Esteban Martinez,
being at Nootka, after having
taken possession of that port in
the name of Her Majesty, stated
that, in 1774, in returning from his
expedition to tL3 north, he thought
he saw a very wide entrance at 48°
20' latitude. Believing that it might
be that of I'uca, he directed a sec-
ond mate (piloto) in command of
the schooner Gertrudis to ascer-
tain whether that entrance existed
or not. The mate returned, saying
that he had found it to be twenty-
one miles wide, and its center in
480 30' latitude, 19° 28' west of San
Bias.
These accounts having been sent
on to the authorities. Lieutenant
Don Francisco Eliza received or-
dt-iS in the year 1790 to have a mi-
nute survey made of that entrance.
He appointed Sub - lieutenant
Don Manuel Quimper, who com-
manded the sloop Princesa Real,
for that purpose. The said officer
sailed from the port of Nootka on
the 31st of May, examined the port
of Clauc{\ud, afterwards pene-
trated the channel of F\ica, sur-
veyed some iiorts and part of the
coast, drew pla'.s of them, and re-
tired on the 1st of August, the
weather not having allowed him to
continue his labors.
In the following year Eliza re-
ceived orders from the viceroj' of
New Spain to complete the exami-
nation already begun, and which
excited the curiosity of geogra-
phers. That otficer left Nootka in
command ol" the jiacket San Carlos
and the schooner llon^asitas, in-
tending to go up to W^ latitude,
and toomedown and examine the
coast t( the channel of Fuca, then
to ente;' therein to examine it com-
pletely ; but the wind not allowing
him for many days to get to the
north, he determined to begin his
examinations at 48°, and entered
the channel on the 27th of May. Ue
remained in it till the 7th of Au-
gust, when he fiuind himself obliged
to retire because part of his crew
had the scurvy, ami he hatl not
rss:
Mi
98
NORTHWEST WATER BOUNDARY ARBITRATION.
de (lietas para suministrarle. En
este tienipo liiza levaiitar pianos
de alguno.s puertos, y exaniinar im
trozo (Ic la costa al piloto Don
Joseph Narvaez, no pudiendo veri-
iicarlo por si a causa de baber caido
eufermo.
De vuelta a Nutka escribio al
■virey 'Je Nueva Ivspana Ins resultas
de su viage, y despues de otras re-
flexiones dice : " Asegumndo a Y.
E. que el paso al oceauo que con
tanto anbelo buscan sobre.esta
cos!:a las naciones extrangeras, si
es que lo Lay, uje parece no Lal-
larse por otra parte que por este
gran canal."
the necessary diet for them. Dur-
ing this time he caused plans to
be made of some of the ports, and
had part of the coast examined In
the mate, Don Joseph Narvacz.
being unable to do it himsell' bo
cause he had fallen sick.
On his return to Nootka he wrote
the results of his voyage to tbe
viceroy of New Spain, and, aftei
other remarks, he said : " Assurin};
your excellency that the passage
to the ocean which foreign natious;
seek for so eagerlv on this coast, it
there be one, will not be found, as
it appears to me, ehewhere than
by this great channel."
[47]
*No. V.
tilll^:
Dedarativ, W. H. McXeill, W. Mitchell, Captain Sicanson, Meam.
Anderson, ... G. Lewis, and Finlayson, master mariners, d'c, who hua
commanded or arc in command of vessels navigating the straits hctmn
Vancoitver's Island and the continent of America.
To all to whom these presents shall come: I, Montague William Tvi
whitt Drake, of the city of Victoria, Province of liritish Columbin.
Dominion of Canada, notary public, duly admitted and practicing in
pursuance of an act of Parliament made and passed in the 0th year oi
the reign of His Majesty King William IV, intituled "An act to repeal
an act of the present session of Parliament, intituled an act for tLe I
more etfectual abolition of oaths and affirmations taken and mado in
various departments of the state, and to substitute declarations in lien
thereof, and for the more entire suppression of voluntary and extraju
dicial oaths and affidavits, and to make other i)rovisions for the abolition
of unnecessary oa'i s," I do hereby certify that, on the day of the date I
liereof, personally came and appeared before me llenry Slye Mason,
named and described in the declaration hereunto annexed, being a lui
son well known and worthy of good credit, and, by solemn declaration!
which the said Ueury Slye jMason then made before me, did solemnly
and sincerely declare to be true the several matters and things men
tioned and contained in tlie said annexed declaration.
In faith and testimony whereof I have set my hand and seal of oHice.|
and have caused the said declaration to be hereunto annexed.
Dated in Victoria, the 29th dav of September, A. D. J871.
'M. W. TYKWIIITT DKAKE,
Notary Fuhlic.
I hereby certify that Montague William Tyrwhitt Drake, whose signa |
ture is hereunto attached, is a notary public, duly admitted and pnn
ticing in the city of Victoria, Province oi British Columbia, Dominion oi|
Canada.
In testimony whereof I have hereunto set my Land and official sea
this 4tL day of October, 1871.
CIIARLES GOOD,
Colonial ISecretury.
CASE OF GREAT BRITAIN APPENDIX.
09
This is the paper writinjr marked Z, produced and sliown to William
Henry McNeill, William Mitchell, and John Swanson, and referred to
in their several declarations, marked respectively A, 1>, and C, declared
this 27th day of September, 1871.
Before me :
M. W. TVliWHITT DKAKK,
Xotan/ I'lihUc.
Z.
I, Henry Slye Mason, of Victoria, in the Province of British Columbia,
in the Dominion of Canada, clerk to the attorney-general, do solemnly
and sincerely declare as follows :
That the following are the interrogatories submitted to Ilerbert G.
Lewis, Alexander Caulfield Anderson, John Swanson, William II. Mc-
Xeill, and William ^Mitchell ; and on the perusal of which interrogato-
ries tliey gave tlie answers respectively contained in the several accom-
panying statutory declarations, marked A, li, C, D, and E :
Interrogatories rehitive to the Northwest Water-BountJary Question suh-
mitfcd to Alexander Canljicld Anderson, Herbert (/. Lewis, John tSwan-
son, William 11. McNeill, and William Mitchell.
1. About 1845-'1G, had the Iludsoifs Bay Company any fort or settle-
ment on the Fraser Itiver ?
L*. How did trading-vessels or other craft communicate with that fort
or settlement from foreign parts, and from other settlements on the
Cohnnbia Itiver, or its neighborhood ?
'?. The date of the settlement of Fort Langley on Fraser liiver ?
4. About the time of the negotiation of tlie Treaty of June, 184G, \s hat
was the common opinion of Great Britain insisting on the 49th parallel
being deflected in a southerly direction through the Straits of Fuca to
the TaciPc, instead of cutting through A'^ancouver's Island ?
■). If to secure access to the possessions to the northward of 49° par-
allel, state what possessions Great Britain held to the northward of 41)°,
and where.
G. If the free navigation of the straits and adjacent channel was not
guaranteed to CJreat Britain, how could access bo obtained to those pos-
sessions north of 49*^ l
7. AVhen the Treaty was signed in June, 184(5, and previous to that
(late, which channel was known and used by vessels amongst the islands
tunning the archipelagos between Vancouver's Island and the continent,
to set access to our dominions north of 49^ ?
8. Forward proofs and aflidavits, legally attested by ca])tains of ves-
sels, and others, who made use of the channel then known, and their
reasons for making use of it.
0. Previous to the signing of the Treaty in 1840, and also at that time,
liow many channels were known to be navigable amongst the islands
t'orniing the archipelago between Vancouver's Island and the continent
of America ?
And I, Henry Slye Mason, above named, solemnly declare, that I make
the above statements, conscientiously believing the same to be true ;
and by virtue of the provisions of an act made and ])assed in the Gth
year of the reign of Ilis Majesty King William IV, intituled "An act
to repeal an act of the present session of Parliament, intituled
|1SJ an act lor the more effectual abolition of oaths and *aflirmations
1 <* 1
,'a
100
NOKTHVVEST WATER BOUNDARY ARIUTRATION.
taken and niado. in various departments of the state, -and to substitute
declarations in lieu thereof, and for the more entire suppression of vol-
untary ai'.d extra-judicial oaths and atlldavits, and to make other pro.
visions for the abolition of unnecessarv oaths."
IIENKY S. MASON.
J)eclarcd at Victoria, in the I'rovince of British Columbia, Dominion
of Canada, this liOth day of !Se[)tember, 1871.
Jiefore me :
M. W. TYUWHITT DKAKIC,
Notary PubWc.
To all to whom these presents shall come: I, Montague William Tvr
whitt Drake, of the city of Victoria, Province of British Columbia,
Dominion of Canada, notary public, dulj' admitted and i)racticing in
pursuance of an act of Parliament made and passed in the sixth yearot
the reigfn of His Majesty King William IV, intituled "An act to repeal
an act for the more effectual abolition of oaths and aflirmations taken
and made iu various departments of the state, and to substitute decla-
rations in lieu thereof, and for the more entire suppression of voluntary
and extra-judicial oaths and atfidavits, and to make other provisions for
the abolition of unnecessary oaths," do hereby certify that, on the day
of the date hereof, personally came and appeared before me Williaui
Henry McNeill, named and described in the declaration bereunto an
nexed, being a person well known and worthy of good credit, and, by
solemn declaration which the said William Henry McNeill then mado
before me, did solemnly and sincerely declare to be true the several
matters and things mentioned and contained in the said annexed decla
ration.
In faith and testimony whereof I have set my hand and sejil of otlicc.
and have caused the said declaration to be hereunto annexed.
Dated in Victoria the 29th day of September, A. D. 1871.
M. W. TYKVVHITT DEAKE,
Notary Vublk,
I hereby certify that Montague William Tyrwhitt Drake, whose sij;
nature is hereunto attached, is a notary public, duly admitted and prac
ticing iu the city of Victoria, Province of British Columbia, Dominion j
of Canada.
In testimony whereof I have hereunto set my hand and otlicial seal
this 4th day of (October, A. 1). 1871.
CHARLES GOOD,
Colonial 'cretary.
This is the paper writing marked A, shown to Henry Slye Mason, at I
the time of making his declaration, and therein referred to on the -t'tlil
day of September, 1871.
Before me :
M. W. TYRWHITT DRAKE,
Notary Fv.hUv.
A.
I, William Henry McNeill, of Gonzala Bay, Vancouver Island, in tlu
I'rovince of British Columbia, Dominion of Canada, now a settler, *li1
solemnly and sincerely declare as follows :
CASE OF GREAT BRITAIN APPENDIX.
101
1 ollieial soul
I aril sixty-oight years of i\ge, ami at twenty years of age 1 became a
master mariner.
1 have been on the Northwest racifi(! coast since lS'o2, and Jiave beer,
oniployed as a master mariner during the greater part of that time till
18(i.'J on the said coast.
From lSo2 till 1837 I was employed by the Iliidson's Bay Company,
in the command of the ship Llama, wjiich during that i)eriod plitd
between Columbia lliver and Fort Simpson, British Columbia, r>l° north
latitude.
On two occasions during that pcr'od, in going through the Straits of
Fuca to Fraser Jliver, and returning from Fraser to Columbia Itiver, I
passed through l{osario Straits. My reason for not passing through
Haro Straits was that there was then no known or surveyed channel
through Ilaro Straits; on the other occasions I went to the westward of
Vancouver Island. During the whole of this period I never heard of a
vessel passing through llaro Straits, ana llosiuio Straits was the only
cbannel known and surveyed, and I was in constant communication
(luring such ])eriod with sea faring men who traversed the waters be-
tween Vancouver Island and the main-land. In 1837, and from thence
till 1843, 1 commanded the steamer Beaver, belonging to the Uudson's
Bay Company, and she was employed during that time in trading
l)Otwecn Fort Simpson aforesaid, Fraser Kiver, and Nisqually-Puget
Sound. During all that time, between 1837 and 1843, I never heard of
a vessel going through llaro Straits, and I was during that period, from
1837 till 1843, in constant communication with ship-masters trading on
the said waters.
In 1843 1 went to England, .and continued absent from this Northwest
Paciflc coast for twelve months, and returning in 1844, 1 was still in the
Hudson's Bay Company's service at Stekin, Fort liupert, and Fort Simp-
son on the said Northwest Tacific coast, and from thence till 184G I
never heard of any vessel going through llaro Straits, with the excep-
tion of the steamer Beaver, in 1840. Till then she always went throug'.i
liosaiio Straits on her usual voyages in the Hudson's Bay Company's
enii)]oy, the only then known channel.
JJuring all this time till 1840, I never heard of llaro Straits being
used by vessels, and I was in constant communication with ship-mas-
ters trading in the waters between Vancouver Island and the
[49J *nuiin-land, and the Northwest Pacilic coast. And since 1840
liosario Straits has still been the most usual channel for sailing-
vessels.
In navigating these waters between Vancouver Island and the main-
land, I always used Vancouver's charts, and heard of no others till the
cliart made in i)ursuanee of the survey of Captain Bichards and his
otlieers, with the excei)tion of the old Spanish chart, which was of little
value.
The lirst chart which I knew of as laying down a survey of ITaro
Straits, was Cai>tain Biehards' chart.
I further say that Vancouver Island was generally supposed to be
luiited with what is now named Galiano Island on Biehards' chart till
after Captain Biehards' survey.
In Bosario Straits the currents and tides are comparatively regular,
but in llaro Straits, and round the islands adjacent to Vancouver
I Island, and in the waters about Vancouver Island itself, the tides and
j currents are always very irregular.
deferring to the questions submitted to me relative to the boundary
,•■■
102
NORTHWEST WATER BOUNDARY ARBITRATION.
line referred to in the treaty of Oregon, in answer to the lirst question
1 dechire, as aforesaid :
1. That about 1845 and 1(840 tlie Hudson's Bay Conii)any had a sot
tlementat Langley, on the FraserKiver, and the said settlement existed
since 1827 or 1828, to the best of my knowledge and belief.
2. In answer to the second question, I ileclare, as aforesaid, that trad
ing-vessels or other craft communicated with the settlement of Langley
from foreign parts, and from the settlements on the Columbia Eiver or
its neighborhood, by the Straits of Kosario and the Gulf of Georgia.
',i. In answer to the third question, I declare, as aforesaid, that, to tlic
best of my knowledge, information, or belief, Langley, on the Fraser
Kiver, was settled about the year 1827 or 1828.
4. In answer to the fourth question, I declare, as aforesaid, that, about
the time of the negotiation of the Treaty of June, 1840, the common
opinion as to the object of Great Britain insisting on the forty-nintli
parallel being deflected in a southerly direction, and through the Straits
of Fuca to the racitic, instead of cutting through Vancouver Island.
was that it was to secure access to her possessions to the northward ol
the forty-ninth parallel through the Straits of Fuca.
5. lu answer to the fifth question, I declare, as aforesaid, that Great
Britain then held British Columbia, up to the parallel of nortli latitude
54P 40' and Vancouver Island.
0. In answer to the sixth question, I declare, as aforesaid, that, if tlic
free navigation of the straits and adjacent channel was not guarantoi'd
to Great Britain, access could only be secured and obtained to those
possessions by ships going to the westward of Vancouver Island. And
as regards those i)ossessions on the coast of British Columbia between
the fifty-first and forty-ninth parallel, access would have to be sought
through a strait which is intricate and diflicnlt of navigation, by reason
of the strength of the tides, and almost impracticable for sailing- ves
sels.
7 and 8. In answer to the seventh and eighth questions, I declare, as
aforesaid, that, when the treaty was signed in June, 1840, and previous
to that date, the channel which was known and used by vessels amongst
the islands forming the archipelago between Vancouver Island and the
continent to get access to the dominions of Great Britain north of the
forty-ninth parallel, was the Strait of Kosario, and that channel only.
as it was then the only surveyed channel.
9. In answer to the ninth question, I declare, as aforesaid, that, pre
vious to the signing of the Treaty in A. D. 1840, and also at that time.
the oidy channel known to be navicable
amongst
the islands forming
the
the archipelago between Vancouver Island and the continent, Avas
Strait of Kosario.
And I «leclare, as aforesaid, that, even since Ilaro Straits has been
fully surveyed, I consider Kosario Strait as a much safer channel for ;i
saliing-ship, in passing either from the Straits of Fuca to the Gulf of
Georgia, or for a sailing-ship passing from the Gulf of Georgia to the
Straits of Fuca, inasmuch as the Kosario Strait has good anchorage
throughout its entire length, aud has more regular tides than Haro
Straits. The anchorage in Haro Strait is bad, on account of the great
depth of its waters, and the irregularity and strength of its tides. The
navigation of Haro Strait, moreover, is much impeded by numerous
small islands and rocks.
During all the time between A. D. 1837 and the year A. D. 1843,1
was in conjinand, as aforesaid, of the Hudson's Bay Company's steainei
Beaver, aud I was iu the habit of taking the said steamer once or twiw
CASE OF GREAT BRITAIN— APPENDIX.
lo:^
ai'th 1 at i tilde
vvory yoiu' (luriiift' that i)oriod from Foit Simpson to Laiif^loy on the
Frastn- Kiver, ami from thence to Nisqiuilly-Pnget Hound ; and from
Msqually back ajjaiu to Lanfjley and Fort Simpson, and on those oc
<!asions 1 always passed througli Kosario Straits, as it was then the oidy
.surveyed channel between Fiica Strait and the Gulf of Georgia.
Ami r, William Henry McNeill, above named, solemnly dec^lare that
the (luestions hereinbefore referred to, are contained in the paper
writing marked Z, produced and shown to me at the time of makin<j this
declaration, and that I make the above statements conscientiously, be-
lieving the same to be true ; and by virtue of the provisions of an act
made and passed in the sixth year of the reign of Ili.s Majesty King;
William IV, intituled "Au act to repeal an act of the i)re.sent session of
Parliament, intituled an act for the more eft'ectual abolition of oaths
iind attirnmtions taken and made in various departments of the state,
and to substitute declarations in lieu thereof and for the more entire
.suppression of voluntary and extra-judicial oaths and allidavits, and to
make other provisions for the abolition of unnecessarv oaths/'
AVlLLIAM"^n. MCNEILL.
Dot'lared at Victoria, in the I'rovince of ]>ritish ("olumbia, Domir.ion
of Canada, this 27tli day of September, ISTl.
Df'fore me :
M. W. TVRWHITT DKAKF,
Xotary Fublic.
my's steainei
mce or twice
j.lO] *To all to whom the.se presents shall come : I, Montague Wil-
liam Tyrwhitt Drake, of the city of Victoria, Province of British
Columbia, Dominion of Canada, notary public, duly admitted ami prac-
ticing in pursuance of an act of rarliament made and passed in the sixth
year ofthe reign of Ilis IMajesty King William the Fourth, intituled "An
act to repeal an act of the present session of Parliament, intituled 'An
act for the more effectual abolition of oaths and aflirmations taken and
made in various departments ofthe state, and to substitute declarations
ill lieu thereof, and for the more entire suppression of voluntary and
extra-judicial oaths and aflidavits, and to make other provisions for the
abolition of unnecessary oaths,' " do hereby certify that, on the day of
the date hereof, personally came and appeared before me William Mitch-
ell, named and described in the declaration hereunto annexed, being a
person well known and worthy of good credit, and, by solemn declara-
tion which the said William Mitchell then made before me, did solemnly
and sincerely declare to be true the .several matters and things men-
tioned and contained in the said annexed declaration.
In faith and testimony "whereof I have .set my hand and .seal ol" oHicc,
and have caused the said declaration to be hereunto annexed.
Dated in Mctoria, the L'Tth day of September, A. D. 1871.
M. W. TVKWIIITT DllAKK,
Xotary riihlic.
I hereby certify that Montague AVilliam Tyrwhitt Drake, whose sig-
nature is hereunto attached, is a notary public, duly admitted and prac-
ticing in the city of Victoria, Province of British Columbia, Dominion
of Canada.
In testimonv whereof I have hereunto .set mv hand and official seal,
this 4th dav of October, A. D. 1871.
CHARLES GOOD,
Colonial Secretary.
- ♦■(
"^Vi
104
NOKTIIWEST WATEK HOUNDARY ARUITRATION.
Tliis in the paper wiitinj? marked B, shown to TTenry Slye Mumcmi. iit
the time of makinjj lii.s dechiration, and therein referred to on the liKtli
day of Septeinher, 1S71.
iiefore nie :
iM. \V, TYIIWJIITT DUAKi:,
Notary riihlic.
11.
J, William Mitchell, of Victoria, Yancoiiver Island, in theProvineooi
Hritifeh (Johunbia, Dominion of Canada, master mariner, do sol?n»iily
and sincerely declare and state as follows :
I am sixty-eight years of age. I became a master mariner in is.j],
and have been on the Northwest Pacific coast since 1837, and have
been employed all the time in the Hudson's Bay Company's ships. From
1837 to 1810 I was constantly employed in passages from Victoria to
Eraser Iviver, and back again ; from Columbia Kiver to Eraser Kivci,
and back again ; and from Nisqnally-I'nget Sound to Eraser lliver, ami
back again ; and trading generally between those ports as well as soino-
times to Honolulu and Sitka, and other between ports on the North-
west Pacilic coast. And whenever the vessel 1 was in had occasion to
go from the Straits of Euca to the CJnlf of Georgia, or back from tlic
Irulf of Georgia to the Straits of Euca, she always passed through Kosa
rio Straits as the only then known navigable channel.
As late as the year 18.15 1 had occasion to pilot a vessel from Victoria
to Nisqually, and from Nisqually to Nanaimo, and from Nanaimo to A'ic-
toria, and both in going to Nanaimo and returning therefrom made use
of liosario Strait as the best known channel.
Previous to 18-10 there was only one channel known to be navigablo,
and that was the Bosario Straits.
In the year 1840, to the best of my knowledge, information, and belief,
no chart of Ilaro Strait soundings existed.
The chart in use was that of Bosario Strait only, and from soundings
made by Vancouver.
Beferring to the questions subujitted to me relative to the boundiiiy
line referred to in the Treaty of Oregon, in answer to the first question I
declare, as aforesaid :
1. That about 1845 and 1840 the Hudson's Bay Company had a settle-
ment at Langlev, on the Eraser I'iver, and the said settlement existed
since 1827 or 1S28.
2. In answer to the second question, I declare, as aforesaid, that
trading- vessels or other craft communicated with the settlement of Lang-
ley from foreign parts, and from the settlements on the Columbia Biver,
or its neighborhood, by the Straits of Bosario and the Gulf of Georgia,
3. In answer to the third question, I declare, as aforesaid, that, to the
best of my knowledge, information, and belief, Langley, on the Eraser
Biver, was settled about the year 1827 or 1828.
4. In answer to thefourtli question, I declare, as aforesaid, that about
the time of the negotiation of the Treaty of June, 1840, the common
opinion as lo the object of Great Britain insisting on the forty-ninth paral-
lel being deflected in a southerly direction, and through the Straits of
Euca to the Pacific, instead of cutting through Vancouver Island, was,
that it was to secure access to her possessions to the northward of the
forty-ninth parallel through the Straits of Euca.
5. In auswci- to the fifth question, I declare, as aforesaid, that Great
CASK OF (ih'KAT MIJITAIX— Al'I'KMtlX,
lOfx
Britain tlioii held British (Johiiubia up to parallel of north latitude
jjo W aiul Vancouver Island.
(i. In. answer to tiie sixth <iuestion, I declare, as aforesaid, that if the
free navi^^'ition of the straits and adjacent cluinnel was not {luaranteed
to Great IJritain, access could only be secured and obtained to those
possessions by ships goinj; to the westward of Vancouver Island; and
as rcfiiirds those possessions on the coast of British Columbia, between
the liftyiirst and forty-ninth parallel, access would have to be
[,'(1] *soii{;ht through a strait which is intricate and ditlicnlt of naviija-
tion by reason of the strength of the tides.
7 and 8. In answer to the seventh and eighth questions, I declare, as
aforesaid, that when the treaty was signed in June, 1S4(», and previous
to tiiat date, the channel which was known and used by vessels among
tlu! islands forming the Archipelago, between Vancouver's Island and
the continent, to get access to the dominions of (Ireat Britain north of
the forty-ninth parallel, was the Strait of Kosario and that channel only,
as it was then the only surveyed channel.
!), In answer to the ninth question, I declare, as aforesaid, that pre-
vious to the signing of the Treaty in 1840, and also at that time, the only
cbaiiiiel known to be navigable among the islands forming the Archi-
IK'lago between Vancouver Island an<l the continent was the Kosario
Strait.
And I further say that, even since Ilaro Strait has been fully surveyed,
I consider liosario Strait a nuich safer channel for a sailing-ship in pass-
ing either from the Straits of Fuca to the Gulf of (Jeorgia, or for a
saiiingshii* passing from the Gulf of Georgia to the Straits of Fuca,
iuasinuch as Kosario Strait has good anchorage throughout its entire
length, and has more regular tides than Ilaro Straits. The anchorage
ill JIaro Strait is bad on account of the great depth of its waters and
the irregularity and strength of its tides. The navigation of Ilaro Strait,
moreover, is much impeded by numerous small islands and rocks.
In the beginning of the year A. 1). IS.'Jl*, I recollect making a voyage,,
as tlrst mate, from Columbia River to Eraser Kiver, and thence back to
the C()lund>ia lliver in the bark Vancouver, and on these occasions she
passed and re])assed through Kosario Straits.
In A. D, 1840, I nmde two voyages in the S(!hooner Cadboro, from
(Jolinnbia Kiver to Fraser Kiver, and returned to the Coliunbia Kiver in
the Cadboro, and passed and repassed through Kosario Straits on these
voyages.
in A. I), 1842, I made a voyage from Columbia Kiver to Fraser Kiver
in the Cadboro, as first mate, and returned from Fraser Kiver to the
C(>lunibia Kiver, and on these occasions I passed and repassed through
liosario Strait. And between A. I\ ISlL'and 184(j, I made several voy
ages in the schooner Cadboro, as lirst mate, from Columbia Kiver and
Victoria to Nisqually and Langley on the Fraser T.;* ir, and thence re-
turned to Victoria and Columbia Kiver, and on su ■); < ecasions I always
passed and repassed through Kosario Strait, as it was the only then
known channel.
And I, William Mitchell, above named, solemnly declare that the
questions hereinbefore referred to are contained in the i)aper writing
marked Z, produced and shown to me at the time of umking this decla-
ration ; and that I make the above statements conscientiously, believ-
iug the same to be true ; and by virtue of the provisions of an act made
and passed in the sixth year of the reign of Ilis Majesty King William
the Fourth, intituled "An act to repeal an act of the present session of
rarliament, intituled *An act for the more ett'ectual abolition of oaths
, "Hi
■1 ;'.
,♦
m''^
' t
106
NORTHWEST WATER UOINDARV AUMITRATION.
11
and alliriimtions taken and made in variousdcpartnuMits of tlu' state, i
to Hubatitnto declarations in lien thereof, and lor the more entire Miip
prcsslon of volnntary and extrajndicial oaths and allidavits, and to
make other provisions for the abolition of nnin^ressarv oaths.'"
WILLIAM MITCIIKLL.
Declared at Victoria, in the I'rovince of Uritish Colnmbia, Doiniiiion
of Canada, this 27th day of September, 1871.
Before me :
M. W. TVUWIIITT DKAKK,
Xoturji I'uhllv.
To all to whoii' tV.cse presents shall come : I, Montague William Tvr-
whitt Drake, of the city of Victoria, Trovince of Uritish Colnmbia,
Dominion of Canada, notary pnblie, dnly admitted ami practicing in
jnirsnance of an act of Parliament made and passed in the sixth year
of the reign of His M.tjcsty King William the Fonrth, intitnled "An act
to repeal an act of the present session of rarliament, intitnled 'An act
for the more clicctnal abolition of oaths and atlirmations taken and mado
in various departments of the state, and to substitute declarations in
lieu thereof, and for the more entire suppression of voluntary and extra-
judicial oaths and allidavits, and to make other i)rovisions for the
abolition of unnecessary oaths,'" do hereby certify that, on the day ol
the date hereof, personally came and appeared before me John Swan-
son, named and described in the declaration hereunto annexed, being
a person well known and worthy of good credit, and, by solemn declara-
tion which the said John Swanson then made before n»o, did solemnly
and sincerely declare to be trne the several matters \ things men
tioned and contained in the said annexed declaration
In faith and testimony whereof I have set my hand .i..vi seal of ollicc.
and have caused the said declaration to be hereunto annexed.
])ated in Victoria the 27th day of September, A. D. 1871.
M. AV. TYHWIIITT DRAKE,
Notary PuhUv.
1 hereby certify that Montague William Tyrwhitt Drake, whose sig
nature is hereunto attached, is a notary i)ul>lic, duly admitted and prac
ticing in the city of Victoria, Province of Uritish Columbia, Dominion
of Canada.
In testimony whereof I have hereunto set my hand and seal of oflice
this 4:th day of October, A. I). 1871.
CnAHLES GOOD,
Colonial Secretary.
[o2J *This is the paper writing marked C, shown to Henry Slye 31a-
son at the time of his making his declaration, and therein referml
to, on the 2i)th day of September, 1871.
l>efore me :
M. W. TYKWIIITT DllAKE,
Notary FuhUc.
C.
I, John Swanson, of Victoria, Vancouver Island, in the Province of
British Columbia, Dominion of Canada, master mariner, do solemnly
and sincerely declare as follows :
CASE OF GREAT BRITAIN — APPKXniX.
107
?al of oJlice
I have boon a mastor mariiior since the year 18;"».'>, and have boon in
tiio om|»h)yniont of the Hudson's IJay (Company on tiioir ships tiadinf^
on tiio Northwest I'aoillc coast, since the year 184- to th(^ jnosent time,
as a nautical man and mariner.
Jleterring to the (luestions submitted to me rehitive to the b()nn(hiry
line n't'orred to in tlie Treaty of Orofjon, in answer to the lirst <pu'stion
1 (lechiro, as aforesaid :
1. Tiiat, about 181."> niid ISKJ, tlio Hudson's Hay ('omj)any liad a sot-
tloinont at Lanjjloy, on tiie ]"'raser Itivor, and the said setth'iniMit existed
since 18'J7 or 18L's',
L'. In answer to the second (piestion, I declare, as aforesaid, that ui>
to ]SI.'> and 1810, Hudson's Uay^'o'ni^any's ships, bound from Honolulu,
ill the Sandwich Islands ; Irom Fort \^ancouvor, on the Columbia Uiver;
and San Francisco and Sitka, to Lans'ley, i)assed throujyh Fuca Straita
and Kosario Strait. Also vessels tradinj^ between I'ort Nisqually and
Lanpfloy used to pass throujifh Kosario Strait. Also vessels trading be-
tween Victoria and Iian<fley used to pass through Kosario Strait.
.'). In answer to the thinl tpu'stion, I dec lare, as aforesaid, that to the
lipstof my knowledge, information, and belief, Langley, on the Fraser
I'iver, was settled about the year 181*7 or 1828.
1. In answer to the fourth question, I declare, as aforesaid, that about
the time of the negotiation ot the Treaty of June, 1810, the common
opinion as to the object of (Sreat IJritain insisting onthe forty-ninth par-
allel being deflected in a southerly direction, ami through the Straits of
Fiica to the Facific, instead of cutting through Vancouver Island, was,
that it was to secure access to her possessions to the northward of the
t'orty-ninth parallel, through the Strn Is of Fuca.
."». In answer to tlie filth question, 1 declare, as aforesaid, that Grcivt
Britain then held Kritish Columbia up to parallel of north latitude
')i^ 10', and \'ancouver Island.
0. In answer to the sixth question, I declare, as aforesaid, that if the
Ireo navigation of the straits and adjacent channel was not guaranteed
to (heat IJritain, access could only be secui'td ami obtained to those
l)ossessions l)y ships going to the westward of Vancouver Island ; and,
as regards those possessions on the coast of Uritish Columbia between
the fifty-first and forty-ninth parallel, access would have to be sought
tiu'ough a strait which is intricate and ditticult of navigation by reason
of the strength of the tides.
7 and 8. In answer to the seventh and eighth (piestions, I declare, as
aforesaid, that when the treaty was signed in Juno, 1810, and previous
to that date, the channel which was known and used by vessels amongst
the islands forming the Archipelago between Vancouver Island and the
continent, to get access to the dominions of Croat Kritain, north of the
I'orty-ninth parallel, was the Strait of Kosario, and that channel only ;
and it was then the only surveyed channel.
!>. In answer to the ninth question, I declare, as aforesaid, that pre-
vious to the signing of the treaty in 1840, and also at that time, the
oidy channel known to be navigable amongst the islands forming the
Archipelago between Vancouver's Island and the continent was the
Strait of Kosario.
And I further declare, as aforesaid, that in the end of the year 1842
orbeginnhig of 1843, I sailed from Vancouver, on the Columbia Kiver,
to Nisquall}', on Puget Sound, and the vessel I was in was thence
towed through Kosario Straits by the Hudson's Lay Company's steamer
Beaver, and thence sailed through Gulf of Georgia and Johnston Strait
'! ^
■4i
:¥■
m
! . '. '
108
NORTHWK.ST WATER BOUNDARY ARBITRATION.
to Sitka, .iiul rctarnod therefrom through Johnston Strait and liosario
Strait to Victoria.
During the years 1813 and IStt I made several trips in the sehooiui
Cadboro, from Victoria to Langh'y, through llosario Strait, and back
again from liangk'y to Victoria through Itosario Strait. I was occu-
pied generally in making such voyages during those two years, and we
ji.ways passed and repassed through llosario Straits.
To the best of my recollection, in 184.") 1 made a voyage in the bark
Vancouver, from the Columbia lliver to Fort Langley, through liosario
Strait, ami back again to Victoria.
In the year 1840, to the best of my knowledge, information, and be
lief, no chart of llaro Strait soundings existed. The chart in use was
that of itosario Strait only, and from surveys made by Vancouver.
Previous to 184(J, to the best of my knowledge, information, and be
lief, no sailing-vessel, except on the occasion of the Cadboro, went
through Ilaro Strait un«ler sail. If other sailing-vessels had, i)revioiis
to 18K5, passed through llaro Strait, I, as a sea-faring man on the north-
west I'acilic coast, should, in all probability, have heard of it.
The one occasion on which the Cadboro passed through llaro Strait
was in 1843, and she then was carried by the tide in a calm, on her pas-
sage from Langiey to Victoria, into llaro Straits, and we were then
obliged to avail ourselves oi the services of an Indian we met with as a
pilot, as we had no chart by which to navigate.
And 1, John Swanson above named, solemnly declare that the <pies-
tions hereinbefore referred to are contained in the paper writing marked
Z, shown to me at the time of making this declaration, and that 1 make
the above statements conscientiously, believing the same to be true:
and by virtue of the provisions of an act made and passed in the sixth
year of the reign of His ]Majesty King William the Fourth, intituled
"An a<;t to repeal an act of the present session of Parliament, intituled
' An'act for the more etiectual abolition of oaths andaliirmatious
fr»3] taken and made in various departments of the *state, and to sub-
stitute declarations yi lieu thereof, and for the more entire siip
pression of voluntary and extrajudicial oaths and attidavits, and to make
other provisions for the abolition of unnecessary oaths.'"'
" .JOHN SWAXSOy.
declared at Victoria, in the Province of l»ritish (Jolumbia, Dominion
of Canada, this L'Tth day of September, 1871.
Iicfore me :
3r. W. TYIIWIHTT DHAKi:.
Xotart/ !'i(i>(i(:
To all to whom these ]»resent shall come : I, Robert Kdwin .Jackson, oi
the city of Victoria, l*n)vinee of llritish Columbia, in the Dominion <M
Cana«la, notary i>ublic, duly admitte«land practicing, in i)ursuance of ;\u
actof I'arliament made and passed in the sixth year of the reign of His
Majesty King William 1 S', intituled "An act to repeal an act of the
present session of Parliament, intitided an act for the more elfectual
abolition of oaths and allirnnUions taken and made in various depart
ments of the state, and to substitute declarations in lieu thereof, and
for the moreentire suppression «)f voluntary and extra-judicial oaths and
atlidavits, and to make other provisions for the abolition of nnnccessai v
oaths,'' do hereby i^eitify that, <m the day of the date hereof, personallv
came ami appeared before me Alexander Caultield Anderson, named
4:
CASE OF GREAT BRITAIN — APPENDIX.
109
II the l)aik
iiiul describiHl in the doclaviitiou hereunto annexed, beinn" a person well
known and worthy of j^ood eredit, and, hy solemn declaration which the
said Alexander CanlHeld Anderson then made before me, did solemnly
and sincerelj' declare to be trne the jveral matters and things men-
tioned and contained in the said annexed declaration.
Ill faith and testimony whereof 1 have hereunto set my hand and seal
of ollice, and have caused the declaration to be heniunto annexed.
Dated at Victoria aforesaid, the loth <lay of September, in the year of
onr Lord 1871.
KOBT. E. JACKSON,
Notio'ii I'nhlie.
I hereby certify that Kobert Jidwin Jackson, whose sij»nature is here-
inito attached, is a notary |)ublic, duly admitted and practiciujjf in the
city of Victoria, Province of British (Jolumbia, Domii'ion of Canada.
in testimony whereof I have hereunto set my hand and oilicial seal
this 4th day of October, A. I). 1S71.
CIIAKLES GOOD,
Colon ial tSecri 1 1 rtj.
This is tlie paper writing marked 1), shown to Henry Slye Mason at
tlie time of his making his declaration, and therein referred to o:« the
'JDtli day of September, 1871.
lU'fore me :
M. \V. TVIIWIIITT DRAKE,
Notary lubUc.
D.
f "■- ;; L
t 'it
1, Alexander Canllield Anderson, now of Saanich, Vancouver Island,
ill the Province of British Columbia, Dominion of Canada,, settler, do
soli ninly and sincerely declare as follows :
1 im an ex-chief trader, of the Hudson's Bay Company, and late an
ajjeiil of Llovil's for the Columbia River and the adjacent coasts, and
lioni \S'3li and 1851 1 was under the several appointments held by me as
:iu otlicer of the Hudson's Bay Company, connected (with the exception
ot sliort intervals) directly or indirectly w ith the business of the said
coinpany on the Northwest J'acitic coast, which business then recpiired
their vessels frequently to navigate the waters of the gidf, and the
Archii)elago. and Straits of Fnca, and during the greater portion of the
said i>criod, resided on, or was in constant communication with the
Noitiiwest I'acidc coast.
1. In answer to the lirst (|iiestion, 1 d( dare, as aforesaid, that about
ISJaand iSt(», the Hudson's I'.ay Company iiad a settlemi'iit at Langley
mi the Kiaser River, and other settlements higher up the river.
-. In answer to the second question, I declne, as aforesaid, that trad-
ing vessels or otlHM- craft communicated wi'; the settlement of Langlev
tit'in fnreign paits, and from the settlemenis of the Columbia River or
;t,s iieighliorhood, by the Straits of Fuca, tlu' Straits of Rusario, and the
(iiilf oliJeorgia.
■ i. In answer to the third question, I declare, as afon'said, that, to the
•>est of my know ledge, information, and belief, Ijangley, on the Eraser
•liver, was settled about the year 1827 or 181*8.
t. In answer to the fourth qiu'stion, I declare, as aforesaid, Jiat about
tlie time of the negotiation of the Treaty of .lune, 18PI, the comnu)n
opinion as to the oi)iect of (Ireat Britain insisting on the forty ninth
parallel being detN'cted in a southerly direction, through the Straits of
T^!fWppP
110
NORTHWEST WATER BOUNDARY ARBITRATION,
Fiica to tlic riicifie, instead of cutting through Viincouver Island, was;
to secure access to her possessions to the northwaril of the forty-nintli
parallel.
5. In answer to the fifth question, I declaie, as aforesaid, that (Iroat
Britain then held British Columbia up to parallel of north latitude .Vi:
40', and Vancouver Island.
0. In answer to the sixth question, I declare, as aforesaid, that if the
free navigation of the straits and adjacent channel was not guaranteed
to (Jreat B "itain, access could only be obtained to those }K)ssessions by
ships going to the westward of Vancouver Island ; and as regards
154] those possessions on *the coast of British Columbia, between tlif
fifty-iirst and forty-ninth parallel, access would have to be soujilu
through a strait which is intricate and ditticult of navigation by reason
of the strength of the tides.
7 and 8. In answer to the seventh and eighth questions, I declare, as
aforesaid, that when the Treaty was signed in June, 184G, and previous
to that date, the channel which v.as known and used by vessels amoufifst
the islands forming the Archipelago between Vancouver Island and the
continent, to get access to our dominions north of the forty-ninth jku-
allel, was the Straits of Kosario, and that channel only, as it was thou
the only surveyed channel.
9. In answer to the ninth question, I declare, as aforesiiid, that pic
vious to the signing of the Treaty in 184(>, and also at t'lat time, the
only channel known to bo navigable amongst the islaiuls forming the
Archipelago between Vancouver Island and the continent of America
was the Btraits of Kosario.
I further declare, as aforesaid, the whole tenor of my experience duriii'j
my said residence on or near the Northwest Bacilic coast, was to the
effect that the only recognized channel of approach to Fraser Kiver, or
to the northern parts by the inner passage through theOulf of (Jeorgia.
Avas by the Straits of liosario.
I further declare, as aforesaid, that in the winter of 1834, while oji iiiv
way from Fort Simpson to the Columbia Itiver, on board the Hudson's
Bay Comi)any's brig ]>!yad, Captain Kipling, we had orders to toucli
at Fort Langley on Fiaser Biver. The track indicated to me upon
Vaiu;ouver*s chait by the master, and which we purposed to follow, was
by the Bosario Strait, the usual and only knovvii channel at that time.
Stress of weather and the iaibire of provisions compelled us to bear ni)
for the Columbia, after eiuleavoring to enter the Straits of Fuea witli
out having fullilled our object of pnuieeding t(> Langley.
In 1841, while I was in eiiai'ge of the Hudson's I5ay Company's estab
lisliment at Fort Nis<pially,on l'ng«'t Sound, tiie I'nited States Fxploiiiij;
Expedition, under Commotlore \Vilkes,arrived there. Commodore Wilkes
Avas desirous of detaching a surveying- vessel (the I'orpoisc, Commamler
Binggohl) towartls FrascK Kiver, an»l on his application for a pilot, oiif
of the crew of the Jliulson Bay Company's steamer Beaver was sent oa
board. This pilot (whose name 1 think was Wade) was acquainted onlv
Avith the Kosario Channel.
In Juiu», or early in July, 1818, having condiu'ted for the first tiiiK
the brigade with th«^ returns from the interior to Fort I^angley on Frasii
Kiver, 1 traveled by can<»e from that station to Victoria on Vancouver
Ishuul. Crossing the (Julf of (leorgia, we passed through what lias
since been known as Blumper, or Active i'ass, and then by the Strait
of llaro. This was at that time known as the canoe-route, as distiii
guished from the established ship- route by the Kosario Strait.
In July, 185(>, the schooner Cadboro, Captain Searborougii, arrived at
CASE OF GREAT BRITAIN APPENiJiX.
Ill
f on5eor;;iii.
Laiigle.v during my visit there from the interior, bringing supplies for
the trade. The following year another vessel belonging to the company
(the Jtccovery, I think) came to the mouth of Fraser River to receive
our fur.s. In neither case did I hear any mention of the llaro Channel,
(»r that any deviation from the old established track had occurred.
That as late as 18.11, 1 may distinctly state my conviction, from per-
sonal knowledge of facts, that the Itosario Strait was the only author-
ized channel of communication followed by the vessels of the Hudson's
r,ay Company. 1 have heard, indeed, that an experimental trip through
the llaro Strait had, on one occasion, been made with the steamer
IJiaver, under Captain IJrotchie, at that time master, but I understood
likewise that the master was reprimanded on this occasion for his
temerity. Whatever the partial exploraticiis that had been made at an
earlier period by the Spaniards, and afterwards by Commander King-
(fold, of the United States Navy, the passage was incompletely known;
and it was only after the survey performed under the direction of the
])rescnt hydrographer of the Admiralty, Admiral Kichards, in Her
Majesty's ship rUunper, that the oupacity of the Haro Strait v-z n channel
of coinmunication. superseding to some extent the original route by the
Kosario Strait, was publicly recognized.
ill conclusion, 1 distinctly state that, up to the winter of 18.")2-T)3,
when we were surprised by the adverse position then suddenly advanced,
no doubt was entertained by me, or any one that 1 know of in this
(luarter, acquainted with the facts, as to that interpretation of the
Treaty which refers the water-line to the only ship-channel then known,
the Kosario Strait.
And 1, the above-named Alexander Caulfield Anderson, solemnly de-
dare that 1 make the above statements conscientiously, believing the
same to be true, and by virtue of the ]novisions of an act made and
passed in the sixth year of the reign of His M.ajesty King William IV,
intituled "An act to repeal an act ot the present session of Parlia-
ment, intituled an act for the more effectual abolition of oaths and
affirmations taken and made in various departments of the state, and
to substitute declarations in lieu thereof, and lor the moic entire sup-
pression of voluntary and extra-Judicia' oatlis and aflidavits, and to
m.'.ke other provisior.s for the abolition nmecessarv oaths."
LEKll. ( ANDERSON.
Declared at Victoria, Province of Uritish Colnuibia, Dominion of
Canada, this KJth dav of Seittember, 1871.
Ror.T. E. .Tack SON.
Xotarji ridilic, \'iitori<(, Ihitinh Coliiiuhid.
I Iicreby ccrtity tliat Robert J^hvin .Tackson, whose si-natiin; is
attached t<» this ihtcument, is a notary ]mbli(! by royal antic nty, duly
iuithorized, admittetl, and sworn, and that he is resident and practitMUg
in N'ictoria, Province of Uritish C()luinl)ia, Dominion of Canada.
CHARLES (JOOD.
Coloniid S' I ij.
iSKlTEMnKU LM, 1S71.
< ' •'I
/ll
iftv<»
r J*
l^'
> h'
|.m| 'To all to whom these presents shall come : I, Montague William
Tvrwhitt J)rake, notary ])ublic by royal authority, duly author-
ized, admitted, and sworn, residing and practicing in Victoria, Province
of Ihilish Columbia, Dominion of (.'anada, in pursuance of act of Par
112
NORTHWEST WATER BOUNDARY ARBITRATION.
liament, made and passed in the sixth year of the reigii of His Majosty
King William IV, intituled ''An act to repeal'an act of the present ses-
sion of rarliaraent. intituled an act for the more ettectual abolition of
oaths and afiirmations taken and made in various departments of tlw
state, and to substitute declarations iu lieu thereof, and for the more
entire suppression of voluntary and extra-judicial oaths and atiidavits,
and to make other provisions for the abolition of unnecessary oaths,''
do hereby certify that, on the day of the date hereof, personally camo
and appeared before me Herbert (r. Lewis, named and described in the
declaration hereunto annexed, being a person well known and worthy
of good credit, and, by solemn declaration which the said Herbert G.
Lewis then made before me, did solemnly and sincerely declare to be
true the several matters and things mentioned and contained in the
said annexed declaration.
In faith and testimony whereof x have hereunto set my hand and seal
of office, and have caused the declaration to be hereunto annexed.
Dated at Victoria, the 14th day of September, in the year of our Lord
187L #
M. W. TYRWIIITT DRAKE,
Notary Fublie.
1 hereby certify that Montague William Tyrwhitt Drake, whose sig
nature is hereunto attached, is a notary public, duly ad'nltted and prac-
ticing in the city of Victoria, Province of British Columu.«, Dominion
of Canada.
In testimony wherecrf I have liereunto set mv hand and official seal.
this 4th day of October, A. D. 1871.
CHARLES GOOD,
Colonial ISvcrcta.ij,
This is the paper writing marked E, shown to Henry Slye ^Nlason at
the time of his making his declaration, and therein referred to i»n the
29th day of September, 1871.
Defore me ;
M. W. TYRWHITT DRAKE,
Notanj Vuhliv
E.
Hi'.RnEKT G. Lewis.
My name is Herbert Cr. Lewis, master mariner. 1 have been a mastci
mariner since 18.")!>. I came to this coast in 1847. 1 have l»een in thi
Hudson iJay Company's ser\ n-e from that time till now, and dining tiic
greater part of that time I hww been trading on the North Pacific coast.
in charge of that company's Vessels.
2. In answer to (piestion 2, J say: To the best of njy knowledge, in-
formation, and belief, the only (;liannel used l>y sailing vessels going to
Fort Langley on the Eraser River, through the Straits of Fuca, was the
Rosario Straits, in the year 1848-'1!>.
4. In answer to (pjestion 4, I say; In the latter part of 1847 and in
1848 it was considered that the object was to give free access to liritisli
territory on the Northwest Pacilic coast, up to the tifty-secoud parallil
of latitude.
5. In answer to question .1, I say : Sin held Vancouver Island aTid sin'
held British Columbia up to 54" 40' north latitude.
CASE OF GREAT BKITAIN APPENDIX.
113
(1. Ill answer to question 0, I say: Only by going to tbe westward of
Vancouver islaiul.
7. in answer to (luestiou '», I say : I eaii only speak to the period atter
1847, and to the best of my knowledge, infoiniation, and belief, from
thence to 1848 and 1849 the Ilaro Straits were not used by sailing-ves-
sels; if they had been so used, I, as a sea-faring man on the Northwest
I'aciGc coast, should have heard of it.
8. In answer to (juestion 8, I say : The reason for Ifaro Straits not
being used by sailing-ships in 1847, 1848, and I841>, was that it was then
uiisiirveyed.
!). In ans^rer to question 0, I say: As I before said, in 1847, 1848, and
1810, liosario Strait was used as a surveyed channel, and Ilaro Straits
had not been surveyed, and was not so used by sliii»s.
Vancou.:"'s charts were used for these waters in 1847, and till 18,"»4.
I never knew the Spanish chart used, or any American chart usetl,
iiboiit that time. To the bestot my knowledge 1 never heard of a vessel
iroing through Ilaro Straits, but only through liosario Straits in 1847,
ISlS, and 184«>.
The maj) A, especially as regards Ilaro Straits, is a most inaccurate
representation of what was nautically known in 1847, 1848, and 1849;
Ilaro Straits being then unknown, and IJosario Straits generally used
liy sliips.
Tioin 1847 till 1852 I was employed on board shii>s of the said com-
piiiiy, trading l)etween Hdnoluiu and Victoria tor tic: Hudson's Hay
('oiiii»any, and Ilaro Straits have been from time to time navigated since
IS.')!' by me.
Tides are very irregular on the east coast of \'anc((u\'er Island. This
incgularity could hardly exist if Ilaro Strait was the channel through
wlnc'i the main volume of water (d)be<l and (lowed.
OtVEast IVdnt and I'atos Island a <'urrent with tin' ebb and tlood tide
sets so strong as to render that i>art of Han* Straits unsafe for sailing-
! Vessels.
And 1, Herbert (1. Lewis, above named, s(dcmnly declare that I make
the above statements conscientiously, believing tlie same to be true,
|:iiid h\ virtue of the ])rovisions of an act made and passrd in the sixth
u'lirof the reign of His .Alajcsty King William 1\', intituled "An act to
rejieal an act of the present si-ssion of rarliament, intituled au
|''i| act for the more etfectual abolition of oaths *and anirmations,
taken and made in tin; various departments of the state, and to
Isiilistitnte declarations in lieu {hereof, and for tlie more entire suppres-
Isiiin of v((bintary and extrajudicial oaths and ailidavits, and to make
jutlier provisions for the abolition of uiiiii'ccssarv oaths."
HI-:i:i!Kl{T (1. LHWIS.
Declared at Victoria, rrovince of IJiitish Colinnbia, this 14th day of
ISt'iiiciulier, 1871.
yi. W. TVK'WHITT DKAKK,
Ao/«/7/ J'tihlie.
I hereby certify that ."M. \V. Tyrwhitt Drake, whose signature is
ttached to this document, is a notary publie by royal authority, duly
iiiiliorized, admitted, and sw(un: and that he is resident and juacticiiig
h Victoria, rrovince of IWitish Columbia, Hominion of Canada.
CHAlfLKS (;()Oi),
Colonial tSfcrctayi/.
Sll'TEMBER 21, 1871.
8d
1 «1
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V "Jl
\p
114
NORTHWEST WxVTEU IlOl'NDAUY ARBITHATIOX.
(if
To Jill to whom tlioso presents shall coino: T, I'obevt Edwin Jaeksi
of the city of ViettJiia, J*rovinee of ]>iitish Colnnibia, I^'Mniniou
Canada, notary public, duly admitted and practicing;-, in pursuance vi
the act of Parliament made and ])assed in the sixth year of tlie reij;ii oi
J lis ]MaJesty King William 1\', intituled "An act to rei)eal an act of tlu'
present session of J'arliament intituled 'An act for tiie more elfectiml
abolition of oaths and allirmations taken and nmde in various dei»uit
ments of the state, and to substitute declarations in lieu thereof, iiiid
for the more entire suppression of voluntary and extrajudicial oatlis
and alTidavits, and to make other provisions for the abolition of uiniep
essary oaths,'" do hereby declare that, on the day of the date Iiereof,
personally came and ai)[>eaied before me I'oderick Finlayson, naiiUMl
and described in the declaration hereunto annexed, being a person well
known and worthy of good credit, antl, by solemn (leclaration which tlif
said liol'vick Finlayson then nnule before m(», did solemnly and sin
cerel^' deci; re to be true the several matters and things mentioned and
contained in the said annexed declaration.
In laith and testimony whereof J ha\ e liereunto set my hand ami
seal of ollice, and have caused the said declaration to be hereunto an
ncxed. Dated the ;>Oth day of September, A. J). 1.S71.
liODT. E. JACKSON,
iS'oUiry ruhik.
I hereby certify that I'obert l-^dwin -Jackson, whose signature is here
unto attached, is a notary public;, duly admitted and practicing in tlie
city of \'ictoria, I'rovince of British Columbia, ])omini()U of Canada.
In testimony whereof I have heieunto set my hand and oUieial .se;il,
this ith dav of October, A. 1). 1871.
CHAllLES (iOOI),
Colouial f<ccrct<iyij.
This is the exhibit marked J-', referred to in the annexed declaraiiiiii|
of Itoderick Finlayson, declared the 13th day of Septend)er, 1871.
Ijefore me :
EOllT, i:. JACKSOX,
yotary I'uhlic
F.
Iiit('rro(/(iforie,s ydntice to llir uortlnct.sf icaitr-houndanjqH^xCion Hub)iut'ii'\
to liodcrick linluijuon.
1. About LSl.VKJ, had the Hudson's I5ay Company any fort or settki
ment on the J'raser lliver?
L'. How did trading-vessels or other craft communicate with that M
or settlement from foreign ]>arts, ami from other settlements on tli'
Columbia Itiver or its ueighborhood I
3. The date of the settlement of J'ort Laugley on Fraser lliver?
4. About the time of the negotiation of the Treaty of June, 184(5, wli.iil
Avas the common opinion of Creat Britain insisting on the forty nin'li
]>arallel being deflected in a southerly direction, tiirough the Strai!>
of Fuca to the racific, instead of cutting through Vancouver Island'
5. if to secure access to the ]>ossessions to the 'orthward of tiie !■'
parallel, state what possession Great Jiritaiu held to tiie northwanli'!!
40'^ and where?
0. If the free navigation of the straits and adjacent channel was noil
CASE OF GRKAT I5RITAIN Al'PKNDIX.
115
ifioii .subinttt'
fort or sL'ttli'-
annel was w
ouarantcort to (ii'cat Uritain, how ronld access he ol»(aiiied to those
j)ossossioiis iiortli of 4!P.'
7. Wlu'ii tlie Treaty was signed in Juno, 18K5. and ]>rovions to that
dati', which channel was known and used by vessels anion<;st the islands
tbrniinf;' the Archi|)ela,!^'os l)etween N'aneonver's Islaiul and the continent,
to iH't access to our dominions north of 4!P .'
8. FoMvard proofs and ailidavits, h'f^'ally attested, by captains of ves-
sels and others who made use of the channel then known, and their
reasons for nnikiny ns(» of it.
!). J'revions to tin? siyiiin,!; of the treaty in 1^4(5, and also at thi;t time,
how many chaniu'ls wei'c known to be navigable amony:st the islands
Ibrniinji" the Archipelago between Vancouver Island and the continent
of America .'
I, Roderick Fiidayson, of Victoria, Vancouver Island, in the Province
of Jhitish Colnmbia, Dominion of Canada, Chief Factor in the Ihulson's
Hay ('ompany, do solemnly and sincerely declare as follows:
j.lTI *I hav been on the Northwest Pacific coast since A. 1). 1S40,
anddnrinf^all that tinu^ have been in the Hudson's Hay Company's
('iiil))(>y. I have been a Chief Factor since l.S.")!>, and a Lloyd's Ajjeut
siiicf 1S.~><{, and from A. 1). 1844 to 1S47 1 was the Chief A<>ent of the
JIndson's Pay Company at Victoria.
Kcferriufi' to the interroj^atories relative <o the northwest water-bouud-
iay (|uestion hereunto annexed, marked I*', shown to nu": at the time of
iiiakinji' this declarati(Ui, in answer to the tirst interrojiatory I declare,
as aforesaid :
1. That about A. I). 184.") and 184(1, the IludsonV; liay Company liad
a settlement at Lan,ulev, on the Fraser Pivev, and the said settlenieut
existed siiKie 1827 or l8l!8.
-. In answer to the second interrojiatory, I declare, as aforesaid, tliat
11]) to A. 1). ]84."» and 184(!, Hudson's Pay Company's ships, bound frun
lloiiolnhi, in the Sandwich Islands, from Fort Vanc(mver, on the Colum-
bia liiver, and San Franvisco and Sitka, to Pan}>1ey, passed throujjfh
Fiiea's Straits and Posario Straits; also vessels trading between FoiL
>>'is<|iially and Lanj;ley used to pass throuf;h liosario Strait.
.'!. In answer to tlie third inti'rropatoiy, I declare, as aforesai«l, to the
'test of my knowledjic information, and belief, Lanji'ley, on the Fraser
lliver, was settled about the year 18L'7 or 18i»8.
4. In answer to the fourth interro«;atory, I <leclare, as aforesaid, that
about the time of the ne^'otiation of the Treaty of .lune, 184(}, the com-
iiioii opinion as to the obje«'t of Great Pii.iin in insisting' on the forty-
iiiiitli i)araliel beinj;' deth'cted in a southerly directioi", and throu^'h the
Straits of Fuca to the I'acilic, instead of cnttin<;- throujidi Vancouver
Island, was that it was to secure access to her possessions to the north-
ward of the forty-ninth i)arallel throujih the Straits of i'lU'a.
J. In answer to the lifth interroyatoiy, I declare, as aforesaid, that
fli'eat Pritaiii then held Pritish Columbia up to parallel of north lati-
Hide ."(p 40', antl Vancouver Island.
•». In answer to the sixth interrofjatory, I declare, as aforesaid, that if
the free navi<>ation of the straits and atlja^-ent channel was not jjuaran-
tt'ed by (Ireat Uritain, access conld only be secured and obtained to
tiiosc possessions by ships jioinj; to the westward of Vancouver Island;
and as iej>ards those jHtssi'ssions on the coast of Pritish Columbia, be-
tween the lifty-iirst and forty-ninth parallel, ac«'ess would have to be
siMij>lit throujih a strait wliich is intricate and ditlicult of navifjation by
reason of the strength of the tides.
7 and 8. In answer to the seventh and eighth <iuestions, I declare, as
1. :•>■;;- 2 1
Hi
II HfP'v'''^
W.
116
NORTHWEST WATEK BOUNDARY ARBITRATION.
aforesaid, that when the Treaty was signed in Jnne, 1840, find previous
to that date, the cliannel wliich was known and used by vessels amon^f
the ishinds forming tlie Arcliipelago between Vancouver Island and tlie
continent, to get ficcess to the dominions of Great IJritain north of the
forty-ninth par.alU'l, was the Strait of Kosario, and that channel only;
and it was the only surveyed channel.
9. In answer to the ninth interrogatory, I decljire, as aforesaid, tlnit
previous to the signing of the Treaty in 1840, and also at that time, tin-
only channel known to be navigal)le among the islands tbrming tlic
Archipelago between Vancouver Island and the continent was the Strait
of Kosario.
And I fnrther declare, as aforesaid, that in A. D. 1840, I went from
the Hudson's IJay Conii>any's Station at Nis(|ually, I*uget Sound, in tiic
steamer IJeaver, to Sitka, through Kosario Strait and Johnson Strait;
and, in A. 1). 1843, I returned from Sitka and other stations throiij;li
Johnson Strait and Kosario Strait to Vancouver Island in the Kcavci,
Previous to A. D. 1840, Kosario Strait was the channel for vessels
coming to Victoria from Fraser Uiver and the Xorthwest Pacitic coast,
or going from Victoria thereto.
Aiul I, Koderick Fiidayson, above named, solemnly declare that I
make the above statements conscientiously, believing the same to in
true, and by virtue of the piovisions of an act made and passed in tin
sixth year of the reign of llis Majesty King William IV, intituled ''An
act to rei)eal an act of the i»reseiit session of Parliament, intituled 'An
act for the more ett'ectual abolition of oaths and afhrmations taken ami
made in various departments of the state, and to substitute declarations
in lieu thereof, and for the more entire suppression of voluntary ami
extra-judicial oaths and aOidavits, and to make other provisions for tli(
abolition of unnecessaiy oaths.' ''
KODK. riNLAYSOy.
Declared at Victoria, in the Province of British Columbia, Domi'iim
of Canada, this oOth day of Sei»tember, 1871.
Keibre me :
KOP.T. E. JACKSOX,
Xot<(ry I'lihlii.
CASE OF GREAT BRITAIN APPENDIX.
117
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RE
III.
* ,
' 'I
REPLY OF THE UNITED STATES
TO
THE CASE OF THE GOVERNMENT OF HER BRITANNIC MAJESTY,
I'lJESENTED TO
HIS MAJESTY THE EMPEROR OF GERMANY,
A.& A^ li B I T K^ T O R ,
■NDKi: TlIK PIJOVLSIOXS OF THE TUEATV OF WASUINGTON, JUXK 12, ISTi.
It
:|fT'^r
^^^
II !•: I' I V .
'I'lic I'liitcil States oil tl.c iL'tli of 1 )('C('iiilicr l;ist prcsciiltMl llicir Mo-
iiiori;tl, til tlu'( 'aiiii! de Iliiro ;is tlio IxmiHliiry line of tlic I'liitcd States
ttf Aiiu'ik'ii, to the [iiiiieiial Arbitiatttr, and totlie representative ol Her
Uritaiinie Majesty's ("loveriiiiu'iit it l>er!iii. To the Case of (he (loverii-
iiieiit of Her liritaniiie Majesty, likewise siihiiiilted at that time, they
iidw olVer their reply. A f<»riiial answer to every statement in the lUitisli
Case to wliieh tiiey take exception, woiihl rcfpiire a wearisome analysis
(it ahiiost every oih', of its pa^^cs. They hoUl it siitli('ient, to point out
;i few <vf the aUe^iations w hieh they re;;ard as erroneous; to throw lij^lit
iilHiii the aij^nmeiit on which tlie Uiitish i»riiicipally rest their Case; to
stahlish the consistency of the American (lovernment l>y tiijcin;; the
lontroversy throiiyh all its chanjies to its jiresent form; and, lastly, to
apply to tin* interpreintion of the Tre; (y some of the pi. icii>les which
llcr r.ritannic MajestCs (ioverniiu'iit itsi'lf has invoked.
m
Hnlisli Ca..-. p. .1.
1.— THE UKITISir (ASt:.
The arj;iiinent of Her Britaniiicr Majesty's (iovernment has kept in the
hackjironnd the clear words of the Treaty descrihiiij,' the bonnd-
1; ary, and has made no attempt to briii},' *lliem into harmony with
the JJritisli claim. On the contiary, in the statement of the
'liicstion submitted for aibitralioii, it assiunes that the Treaty
(if J.S71 speaks '•' as if there were more than one channel
lictween the continent and \'aiicouver Island through which the boiind-
;iiy may be I'lii." The United States are of the opinion that the TresUy
of lM(idesi<!iiates the llaro Chainiel i»re(is<'ly as the only channel of the
Itoumlavy. The words sire: ''The channel that sejiarates the continent
troiii \'an<*oiiver Island;" and there is but one such channei. The so-
t idled Straits of Jiosario touch neither the cortinent nor Vancoiner
Island.
The name of the conlinent of South Ann'rica. as used by y-eo<;ra pliers,
iiiclcdes tlu' ;;roiip of islands south of the Straits ;»f Ma;;ellan. The
continent of Asia inchules ("eylon ami Sumatra; the continent of Kii-
ntpc iiK Indes (iieat Hritainand Ireland, and the lleinich's. Asia Minor
iiK-liides Lesbos, and Scio, and Samos, and Khodes, and TeiKMlos; and
so the continent of North America incindes all adjacent islands, to the
i:reat Pai-ilic.
^^'ere the ipiestion to be asked *' What channel separates tlu' conti-
nent of Kuntpe from i'amlia f" the answer would not draw tlmline north
nf the ;;r,.*atei part of the .I'jican ArchipelajiO, but, like all ICurop«'an
•liploiiiacy, woiihl point to the channel south of Santorin. in like man-
ner, ^vlien the Treaty speaks of "that channel which separates the con-
tinent from \'aiicou\*er island,"'' nothin;; is excepted but \'aii<'oiiver
Island itself.
The United Stat«'S assented, in lS71,to no more than that Ureat Ilrit-
iiiii nii;;ht lay her pretensions before an impartial tribunal, all (he while
l>flif\ii!j»- and avowiny-, tint the sitin.M- statement which has just been
made is absolutely conclusive on the {loint submitted for arbitration.
';.
124
N<mTnWEST WATKR BOUNDARY ARHiTKATlON.
The Ihitisli Case sooks to draw an inferojice mifavorabl*' to tin-
Ainoiiwui <l«'iiiaiMl iVoin the proviso in the Treaty of isii;
C.-lilItniirunu'MM,
»m|. |>. III,,-. 4HI.I. p.
tl. A|M.-'ii.lit |,>M."
Mioriiil. |>. 4r.
whieli .secures to either party the free na\ i<;ation of the whole
|.")| *of Fiiea's Straits. It is «piite tru(^ that the rij^ht was safe, and
was known to be .safe "under the i>ubli«! law ;'' yet it api»ear,s
from do(unnents ])rinted at the time, that, as the recent
a.ssertion by the Jlussiait (lovernment of a chiiin to tlic
exebisive navijjation of a part of tlie Xortliern PaciAc Ocean was recol-
lected, it was tliouj^hl best to insert the supertluous clause, recojiniziii;;
the straits of Fnca as an arm of the .sea.
The Jiritish arjjfunient .se«'nis suited to nnslead by its manner of nsin;:
the name " straits of lio.sario." The tirst channel from tiic
Uritinh ('.11*1'. |i|>.
V. Iim. I. :ir. :k
Straits of Fuca to the north, that was<li.s<;ov<*red and partly
examine»l in 171M>, was the Canal de llaro. The expedition under Licii
tenant Eliza explored that channel in .lune, 17!U, with the ^ireatcst
industry and care, ami discovered the In-oad water which is itscontiniia
kion to the north. That water, lyin^altoy;ether to the north
of the inu'thern termination of Ilaro riiannel, was naiin'd
by the expedition, Kl (Jran Canal de Xeustra SePiora del Ifosario !a
jVlarinera. Thus the Canal de Ilaro and the true Spanish Channel ot
Jio.sario torm at once the ohh-st historical contininius channel, as it is
the one continuous boundary channel of the Treaty of l.S4r».
^he passaj^e which the Jiritish authorities now call the Straits of
Iio.sario, a])pears as early as 17J)1 on the nnij) of VA'\/.i\ as the
Channel of Fidaljjo. Vancouver, (Muninin' after I'ili/a, trims
feri'cd the name of Iv(»sario to the strait east of tin* island nt
{":',,!" Texa<la. The llritish Admiraltv. soon jjfter receiviti"; tin-
M;iF K,
Aihtiirrthy Map *>(
.1 II <l I h .' (i II 1 1
Kn.m .11. snrvevs matle under its orders in 1S47 i>v Captain Kellett,
i>f CaiilMti
ir!t:i. ( ;ii>iiiiii-
<l.lliahi>:inil<'.V;il.l."
l-lli. (':ili1aiiill. h.l-
i.it. I! s ,i»ir. I'liSi.
i.>h.-.j K.b. a". i«4'.t.
H. .V. suddenly renu)ved the name of the straits of liosario from
the narrow water between the continent and the islainl ot
Texada, where it had remained on Ibitish maps for titty
years, to the jjassaj^e which the Spaniards called the chaii
nel of Fidaljifo. Ami yet the (Jovernment of Her I>titannic .Alajcsty
advances the assertion, that '* how the name has come to \w'
nm^i. < ... I II. ^^^ "jipplicd ill modern tlays do( s not app«'ar." For this act
of the llritish Admiraltv in Fel»ruarv, l.S4!>, there, exists no historical
l^^']
Mnli K.
justilication whatever.
*The Cnited States have obtained from the IIydro;iiapliical
Jbiieau in Madiid a ceitilied r-opy of two reports, nmde in 171M.(it
the explorations of de Kli/a, ami a facsimile of a map
which accompatii<>d them. On this authentic map, of which
a Iitho<ira]>hic copy is laid before the Imperial Aibitrator, the position
of the canal de Ilaro, of the Spanish canal de Ho,><ario,and of the channel
of Fidalfjfo may be .seen at a jjlance, as they were determined by the
oxpcflition of ICliza in the year 17tM.
The IJritish Case exaiij-crates the importance of the voyaju'e of Cap-
tain \'an<'()uver. So far were American lur-traders from followinj; his
•guidance, they were his fort>runm'rs and teachers. Their early voyages
are amony the most nnirvelous events in the histin-y of. commerce. So
.soon as the Jndepemlence of the United States was acknowled;;ed liy
(Ireat Ibitain, the strict enfoit'ement of the old, ilnn'pealed navi^falioii
laws cut them off from their Ibrnu'r haunts of connnerce, and it be*'anic
a question from what ports American ships eoidd brin<j: home (MtlVic.
and su^jar, and spices, and tea. All Ibitish colonies were i)arreda;xaiiisi
them as much as were those of Spain. So Anu'rican ships sailed into
eastern oceans, where trade Mith tlie natives was free. The yreat .\>i
REPLY OF THE UNITED STATES.
125
I'l. I"t. 111-.".
ati(; coniinerco pouied woaltli into the liJi> of the new repuhlie, and
Aiiu'ricans, observing the loudness of the Cliinese tor fnrs, saded fear-
lessly from tlie Cliinese seas o!' ronnd Ci'.|)(^ Horn to tlie northwest
coast of America in <juest of peltry to ex'.han^^e for the costly falirics
anil jirodncts of ('hina. They w«*re in tlie watersof northwest America
loML? l)efore the Ilndson's IJay (.'ompanv. We know, ahke M.:.r... v.,,,,..
iroin Itntish and irom Spanish aiithoritu's, tiiat an Amen- t- v„v...... -..i. ,,
can sloop, fitted out at iSoston in New Kn^^land, and com- "'Mrn?r'i'l!u'M.M.MV.
inainled by Captain KeiKlrick, passe«l tliron;ih llu' straits of «rM,wV.^'i','„i,'.,^ .'„
I'lua just at tiie time wlun the .'vmeiican Constitution went v.'ia.'i. im.'"'""'""
into operation — two years before \"aiicoiiver, and even lietbrt' (^)niinpr'r
and de llaro. Americans ilid not coidiiie themselves to one pas-
71 sa{>e in iti<'ference to others, but entered evt-ry * channel, and
inlet, and iiarbor, where tln're was a chance of trallickiiiji with
a red Indian for skins; and tliey han<U'ddowii from one to another the
results of their <lisco. cries.
Tile instruction from the llrifish Admiralty toCaptain Vancouver was
proiiiptcd by an account, which they had seen, of tiie \(tya;;e
itt Kcmirick, and the belief, <lciived from that account, that
tlie \\at;'rs td" the Paeitic mijilit reach far into tiie Ameiican continent.
\'aii('oiiver was tlierefore inslincted to seaicli for cliamu'Is and ri\»'i's
leadinj; into the interior of the continent, tlie farther to tlie south the
Itettcr, in the hope that water comnmnication mij^lit be found even witli
I lie Lake of the NN'oods, In C(»ntoi niily to these instructions, founded on
tiie voya^ic of Americans, he entered the straits of I''nca, and kee|»inj;'
always as near as he could to the eastern shore, In; vainly searched the
ciiast to the sontln'iii limit of T'lijict Sound. Tnrniny to the north, he
passed thronj-h the chaniu'l ( f I'idal^o, or the spmioiis I'osario, becansc
Ills instructions rcipiiicd him to keep near the shore of the <'(mtinent.
The infereiici' (»l Her Ibitannic Majesty's ( bivi-rnment, that the so-
called Kosario Strait is the channel of the Tr«'aty because \'anconvcr
■mailed tliron;;li it, is a falhu-y. He never committed such a mistake as
to represent the so-called Wttsaiio, which he apparently did not even
tliiiik worthy of a name, ,is liein;;' comparaltle to the channel of llaro.
The arjinmeiit of Her liiitannic Majest\'s (lo\ ernment misstates the
cliaracti'r and exaji^^crates the value of the chart of \'anconver by
assuming that he prepared dircctitms to mariners tor navi«;ation. Ibit
tlie chart which is produced is (uily one map aimmy many, never i»iil»-
lislied apart from a work, too vobiminons, expeiisi\«', and raiv to lind a
place on b(»ard the small \essels of fur traders. The line on his map is
iiotiiiiii' more nor less than the track of his own course while cnj^M^ed
III explorations under eontrollin;;' instrnctions, and is a track which no
ship has tollow(*d or is likel,\ to lolli>w.
^ *Tlie Iliitish alignment tieipiently rcfeis t o (iiesoiindin;;staken
liv N'anconver in tlie l"'idaluoIIosaiio Channel. Onlv
4 m
!w
tt such sonndinjis ap|H'ar on his map, while there are fi\e
n l« It', ?« :ll
M .|. I.
•'I' six on an arm (»f the Canal de llaro. and one on its ed;;*', show■inJ^•
tllat iis waters were found to be moic than twti hnndied feet deei».
riie chart of these waters lor mariners, pnblished by the
Spaniards in I7!>."», exhiliils many sonndiiij;s to lacililate the
ii?*"' of the Canal «le llaro. If this excellent (hart i'ontains no sound-
iii^^s ill the },Meat ct'iiter of the channel of llaro, it is for a leason to
«liicli \aiiconver repeatedly refers, that the nsnal siuindiii};- m.,-.< v.. m
lilies of those days w«'r«' imt lon^' en(Mi<ih to touch bottom ' ""■
111 the deep waters w h«'ie walls of i^iiH'ons I'ock yo perpendicularly down
liiiiulretls of feet, closi* even to the shore. " l^ven nearest the islands,"
: ;,'f!J-"W'
126
NOKTHWKST WAIT.li IWMNDAHV AlflUTKATloX.
( i4
writes Do ICliza, "we could nut liiid Ixtlloiii witli a liiir of ruriy
liitlioiiis." " I'roxiiiio :i las islas, no sc cncucnlra Inndo con 10 l>ia/;is."
The llritisli Case assij^ns in like manner an nndne iironiinence to tlii'
iirMi.h ( >- IP. trade in the \'ancon\er waters jaior to the treaty of Is|ii,
" '•• As to ;^('in'ral commerce, there was none. As to setthMnciiK.
])roi)erly so caih'd, tlu're <'onhl l>e none: for under the Itritish tn-iiiy
with Spain, and the treaty of non-occupation betwt-en the I'nitcil
►Slates and (ireat Uiitain. impliedly at least, there could he in» f>i'ii"t>
or holdinjiS ol' tenitory by individuals or companies of eitliev piuty.
The American voyages on the northwest coast were entirely liroken ii|,
by the nniiitinn' orders and acts of laijjland which ])receded the waroi
J.Sll.': and tlu; American fui-trade never recovered t'rom the etVects oi
that war. The trade became a nn)nopoly of \\h) Hudson's I'.ay Company.
AIM", iiv N,. iir and that company boasted onicially that " they com|)elled tin
''"■""'"•' Americans one by one to withdraw from the contest." Tlie
United States ackn()wle<l.ye that the boast was true. At rare inteiviiiv
of years, Americans may have entered Fiica's Straits, but a caictiil
search fails to discover proitf that even one sini«le Cnited States vessel
saileil into those waters between the year \S\i) and tlit
|0] * arrival of the Ann-iican ]!\|tloiin;4 l''xpe<litioii under AVilkes in
ISll. A monojxdy ol' tlie trade was maintained by the lludsdn^
IJay Company, not ajuainst Anu'ricans only, but ajiainst all ships Imt
their own. ^^'hal then liecomes of the IJritish arjiument, that tradiii::
vessels of other nations were in all that tinu' not known to pas.^; i!irou;;li
the Canal do Ilaro.'
The lIu«lson's Uay Company was once a company of comnu'rcial iiii
portance, MS w«'ll as of i»olitical inlluem-e, Ibit the limit in^'^riuind ovii
which it ranji'cd was enormously wide, strctcliinji' from liabrath)r In
California and to the Ifussian scttleuHMils in northwestern America.
They i'ould spare very little of their limited rcsoui'ces for the watci^
ai'ound San Juan Island. Tlieii' leadin<>' settlement in the AVest, until
l.Si;», was at I'ort \'anc(Miver on Cohnnbia Iviver. ( )f shipping.;- in tlifii
employ, nothinji' is heard tor many years, excejit of one snnill steanni.
^,1 , ;.;„ -.;, the Iicaver. ami of oiw small s<'hooner, the Cadboro. Wilkin
"•"''''' ill IStl met only the IW'axer. TIm'.sc vessels were ai'custoincil
twice a year to nnike the trii» from Fort ^'anconver tothe various posts.
to distribute supplies and to collect fiiis. If in these tri|i^
]h1\''j\.:^m!\!v'k>. they chose to ])as8 through the l-Mdal.iio-lJosario i-hanncl.
rai'. ^2r.^.'.!''^ I I'atlier than the Canal dc Ilaro, the Jbitish Ca.se has onnt-
tetlto statethc reason of Ihechoice. In the .senn-annual trip!
from I'ort N'ancouver to the tra«lin,u' posts, the lir.st one that was visittHll
was Nisipnilly, at the lica<l of lMi;;et Sound. A vessel siiil"
in;r lr(un that part ol the Cnited States to l-^a.ser's Iv'ivcrj
wi>uld naturally pa.ss tliroiij;h the l''idalj;"ol(o.sario channel. To liavtl
taken any other would have been circuitous. A j><'Ojirapli
^'"'^ n-al sketch is i'.nnexed, from which the reason will ap|Miu
why the ve.s.sels on the.s<> trips jia.s.seil tlirouj;li the soealleil lio.saiin
Straits; not because it was the j^reat channel frcnii the Stiaits of -Inaii
de I'^iica to the iioith, but becan.se it was the shortest passafi'e betwfcii
Nisqually in TuHet Sound and Fort Jjaii^j^ley on I'raser's Kiver. The if
turn voyajje, when there was no need of touchinji' at >'i.stpially. \va>
sometimes made by the Channel of Ilaro.
[!(►] * "There were no ves.sels en {rayed in tho.se waters,
writes K'earAtliiiiral Wilkes of his visit to them in
1841, "except the small and very iiiellicieut steamer, called the IJeavci.
commanded by Captain McNeill, who spoke of it [the Strait of Ilaio
1. .-.I.
|>. till.
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ST R AITS
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oso waters,
to them ill
the J{('iiv('i.
lit of Haitt
'Ih'
KKIM.V OF rilK I'Mir.l* >IArKS.
127
lu tilt' as
|;osiiri(» i»iissi>;n<
tln» iH'st ])iissii;;(', altli<)ii;;li lie w.is oMi^^ctl In |i;i>- tliroii;,'li tlic
ALlillll. Ill
iiiiriiitiii^ tlic siiivc.N (if tlif Hiiro cliaiiiirl l»_v the l.'Mit»'»l
Sl;iU-s<'.\|'l<>riii,u<'Xi.(MliliMii, in ISlI, tlio British ("asc sliapcs ,„,_,^,.„ , „
ihf iiiinaliv*' so as to a'wv the iiniuc^sioii tliat llic American
,.\iMiliti()ii iciiardi'd tin- so-called sirails of iJosmio jis snju'iioi to tlie
11,11(1. wliih- tlic opposite is the triitli. Coiiiiiiodore Wilkes, \\lio <-oni-
iiiiiiiilcd the expedition, detaelied a siiliordiiiate ollieer in the \'iiicetines
i,,siir\ey tin' chamiels aiiionu' the ishinds of the arciiipela.u'o ; lie re-
Mi\f(l lor himself the more important Init less dilliciilt olliee of siirvt'y-
111'.
ihc channel of llaro.
On I he 'Jtitli l>a;;e o
f the l!riti>h ('as«' it is iisserfed that the late Mr,
llr.; .11 1 .1.. . 1..
It.iiiiel Webster Stated in the Senate ol the I'liited States
ilnit the ,m-eat aim of the I'nited States in ISH; was to es-
lalili.sli the fort y-niiit h jiarallel of noiih latitude as the line of Itonndary
,,11 i!if western side ot" the llocky Mountains, "not to lie dejtarted troin
liir:iii\ line further south on the « ontineiit."
Tiic inference «lrawn from this is, that Mr. W«'l>ster demanded the line
ut ilif parallel of !'.> for '* the continent" only. ;iiid was inditferent as
1(1 '-ilie islands."
.Mr. Webster was not a! that time a member of the (lovernment of
111.' I'liited States, but the leader of the political minority in the Senate.
uliicli (tpposed the administration of that day. The Inited States,
tlicrt'fore, may, without «pn'sti«Miiinj the yreat authority of his name.
ilciiy that he is to be re«-eived as iiii iiiierpr(>ter of the views of the
iMiiiiict which ne^otialed the ti'eaty of IS Id. It may. liowever. surprise
;lic !iii|ieiial Arbitrator to learn that Mr. Webster not only <lid not en-
i.itaiii the opinions iittribnted to him. but expressed himself in a sense
exactly the reverse,
IJi *Soiiie members of the Senate insisted on the parallel of ."il"
111' ;is the Ameiiciiii boundary: .Mr. Webster declared himself
rumciit with the ii;iiallel of I'.r, I'.ut his words were absolute. The
liiitisli (";\se puts words into his mouth which he iieNcr uttered. What
Mr. Webster said w;is, that the line of l'.> was '' n(>t to be dopaited
Horn for any line fiirthei- south." The W(uds'"oii the continent " are an
Miitipolation made by the Ilritish ( ase. In the same debute and on
'Ih' >;iiiie diiy Mr. \Vebster. to jiiijird a;;ainst misrepresentation, ob-
Mivcil with j^reat solemnity: "'hie Senate will do me the Jnstiv«' to
:ill(>
Wil
w. that I s;iid iis phiinly as I could speak, or put down
Ills in writiiij;, that i'liiuland must not i'.xpect anytiiinj;"
>'Mitli of forty-nino (h'<rre('s."'
'I'll!' (loNcrnmenI of ilei- IJritannic ."Mnjesty iiu'ludes in the charts an-
:it Mil to its Case a map of Oregon and I 'ppci- (';i|if(»i iiia
ti;i\Mibyone Preuss, ami yet in its printi-d Case there is not
I'l'. \l». IIKI
llnl'-l (• !«•
.Mai. N... •>
>l||
e .>iii^le word expliiiiiin;^' wliy the map has been prodiici'd. The
I lilted States know (uily that <u) a former occasion Captain, now A«lmi-
lal I'icvost, the British r>oiiiidary Commissioner, wrote of it, x,. ,., n, ;..
ill Ills oiVicial character, to the American r.oiindary Commis- ' '"" ' ' '
MniHi : >. [ be.".; yon to understand that I «[o not brin^- this map forward
■IS any authority Ibr the line of boundary."
I'oity years ajjo the mountain ranges and upland i»lains iVom which
ilO' Wilier tlows to the (lulf of California, oris lost in inland seas, still
rt'iiiaiiied as little known as the head sprin<;s of tin- Conj;o ami of tin'
Nile. I'reinont had thrice penetrated those re^iiions, once or more with
I'uMiss in his service asdraujihtsman. On the retuiii of Frenuuit from
liis third expedition, the Semite of the United States, althouy^li he was
I
128
NOHTIIWKST WATKU norNI>AHV AKItlTKA'I'K >\.
not then in tlic pul>li(^ s(>i'\i(-t>. instcnd of leaving liiiii to swU i ]iii >
lisluT, on tlu' .*»tli iind l.'Mli of. Inn*'. IStS, jit tin' instnnct' ol Mi. I'xi,
(on, voti'd to ptint liis <i('o;:r:i|tlii<'iil nininHr on I'pprr Ciiliroriiii.
flL'] iuni tlu' uiiip ol' C)iT;:on and *('alil'ornia, •' according: to the pro
jrction to 1»«' I'ninislicd Ity tlu' said .1. ('. I'lcnnMit."
In rcpit'.Nt'ntativc y^ovrrnnicnts, each luanrli of tlio Iryislalnrc imv
order jnintc'tl what it will; Wnt tin- ordt'r yivrs no sain-tion touli;ii is
pi'intcd. Last winter, lor example, the <iertnan l>iet printed nt ih,.
pnblie eo.st, that the (ieiinan constitution is not worth the papei ii is
written on. Neithei' Fremont nor i'renss had ever tuvn
within many hnndred miles of the straits of l-'nea, and in
niont himself says, "The ]>art of the map which exlnliiis
Oreji'on is chielly copied from the works of (»theis." The Senate ncMi
saw the ma)i as (h'li\ cred to the litho^riapher. The work was priiilni,
not ninler the r*'\ ision of ulVicers of the Senate, lint S(»h'Iy '• sidtjeri in
the revision of its anlhor." lixeept lor tin* regions whi<'h he had liin
self explored. I'Kiiiont abandoned the drawin^L: of the map to l'reii<i>.
^.•nilt^ Mturfll'itH'-
oUM UiK itint'iit. Nil.
Ul. :ll)Ui I'liitli'ax.
I', la. I,
It. 111.
who followed
ol her ant liorit n-s.
W hile Mr. Pren.^
\V;|>
eompilin.ii his map, Mr. r»anei(dt. the representati\e ol
<'onntry in London, u ith full anthority iVom the President and Sr
taiy of State of the I iiited Sliites, deli\ered to the i'.rilish (io\»iii
meiit in the clearest words the dechiration of his own (loNcrnnienl tii:ii
the honndary liiu' pas.ses thron;^h the middle of th(> llaro eliaii
.Vny eii'oi' of Mr. Trenss was iheicfore perfectly harndess.
.\nd nnder any circumstances what anthority conhi attach li
dran;;ht l»y Mr. I'renss.' He was one of the many adxcidnrer:
thron'i to the liiited Stale
CIV-
lir
W llii
:i M
leclianic. possess inj^' no scientilii' cnlluic
an<l lioldi.^' hi.> talent as a n. 'ii^^lilsnian at the comnmnd of an,\ wIm
wonld employ him.
Tin' I'niicd States ai'c nimlde to iidorm the Imperial .\rl»ili'ator u l;;i;
authority .ser\«'d as a jiuide to Mi-. i'renss when he drew the (he^dii
l>onndary to snit I'.ritish pretensions. Not Mr. Ilenton ; his opiniiMi
was well km>\vn. Not the Senate, which is the only pernninent l)oii\
nnder onr ("(tnstitntion, and which, in the twenty li\«' years since ih-
ti'cat V was m:ide. h:i.s inllexihh maintained the ri<.:ht of the Inili 1
|i;
States to the
aro Itonmlarv
Not Ml'. I>nehanan,the Seciel;ii\
»d' State, wlio.se iiist met ions on tlic llaro as the honndary, smih
tioned liy the rresideiit and his cabinet, date from the year in w hicli tli(
treaty was nnnle. Neither eonid I'renss have i-opied the line fn'iii
printed mateiial.s. No such printed materials existed at that time. .\
wish expressed by the Ibitisli ministei at W'ashiiijulon slnmlx'red in tlir
1 >epartment ol Slate, and was known onl\ to tiie I'lt-sident ami li;^
cal)inet.
.Mr. Treiiss is no loni;t'r li\in'.x to explain by whom he was mi>!»<l.
]Mr. I'rcmoiil remembers that Mr. I'renss had amoii;;' his nniteriab :i
copy of a manuscript map «»f the northwest teriitoiy by the Hudsniis
I!ay ("omi»any, leccivcd iVoiii one of its ollicers. lie this as it may. n !>
eiioii^ih loi' the I'nited States tv> ha\(' show n that the map never had Mk
sanction of any branch of their (ioveinment.
Analo;i'His mistakes have, been maile in <"ireat Ilritain, and ninlii
wei;ihti( r antlnn-ity. rendinji' tin* discussion between the two connliit •^•
Messrs. .Malby ^S: Co. of l.(»ndon, *• mannfactnrers and pnblisln'rs to iIm'
Society for the DilVnsitni of L'sefnl Knowledge," sent out a lai';;c ami
spleinlid ;tlobe, on which they assigned to the I'nited States by line aii<t
color the whole northwestern ti-rritory np to the latitucle of "li^ H)'.
To treat ndstakes like tlu'St? as imi>oitant is unsniteU to nejjotiatieiis
.-..i
liKPF.V OF TIIR UNITKD STATKS.
1211
li(t\M't'M '^\v,\t powois. TIm' (Tiiit»Ml States <lo not t'oinplaiii that the iiiai»
(»(■ I'ri'iiss is prtMlmcd l>y II<*r Majesty's (JovormiuMit, for the pnxhietioii
(if it is a ('oiifessioM of the lechU'iiess ot the IJritisli Case. They iiii^ht
coMiplaiii that Iler IJiitaiiiii(! Majesty's (Jovenimeiit did not state' what
il Ii(»|it(l to |>rove by the: map. They iiiij«ht eoniphiiii that it prodiieed
the laap without an acUnowh-d^^nient of its well-known worthlcssness
as an exposition of Anieiiean opinion. And ahove all they ini;;ht eoin-
jilaiii of the iti'itish (ioNernnient for snbniittin;^ theinap to the Iniiieiial
Ailtitrator withoni avowinji' that its own an-hives contain a e(»ii-
til leaiporaneons, rxplicit, and anthoritative *d«'elaiatioii from t!ie
American (lONciiiment, that tiie straits of Haid are the honndaiy
iliaiiiicl of til'' treaty (»f ISKI.
li.-ur.i'LV H) Till; AKiif.MiiMs (.1' Tin: liwiiisn la.si:.
Ilavini; thns drawn attention to the eliaraclcr of the paper which the
(it»\crnment of Iler iWilannic Majesty has presented as itsCasc. its alle-
gations in snpport of its pretensions are next to he examined. Tlu>
ilovi'iiimeid of Iler IJrilannic Majesty picsents luit (hu' ar^nmcnt. ami
;liat ar<;iMnent has two branches. The l>ritlsh (!o\ernmeMt admits, an<l
I'veii insists, that tlu' channel of the treaty mnst he a continnous chan-
nel Irom till! tbrty-ninth parallel to the straits of Kuca ; and il ar;ines,
ilist. that the strait which is now calh'tl Ifosariti, Imt which, at the
liiiic of maUin;;" the treaty of ISK), had •• no dislin,nuishin,u- name," must
liavf been the channel contemplated by the treaty, Itecause the l»ritish.
It tiiat time, " had no assnrancc " that the canal de JIaro " was c\'en
:iavi<j;able;" •• had a lirm belief that it was a dan.uerous strait:" ami,
M'coiidly, that Fiieii Straits exten«l from (.'ape I'lattery to Whidbey
Maud. In discnssinj; these two |)oints their order will be reversed.
first, then, tlo the straits of Fnca, as now inetemled by (ireat
liiitain, leach to Whidbey Island .' The a iswer «lepends in part on
lie (leliidtioii of the word '' strait." Iler Majesty's (rovernment foryet
iiat thi! word api>lies oidy to a mirrow "• passaj^e conneiitin;; one [lart
'•f a sea with another." Snch is a lesson tanyht by all ;i('o;^raphers,
vlicther IJritish, or French, or American, or Gernnin. As soon as the
sKUtheast ca[)e of Vanconver IslamI is passed, the vohime of water
>l>r('a<ls i'nto a broad expanse, tilled with numerous islands, and becomes
I ;iiilf or bay, but is no lon^jer a strait.
Neither can it be pretended that any exception takes place in the
jL'eo<iraj)hical usajjo of the name " straits of Fuca," as employed
l"i| in all the scientilic explorations an<l mai)s pre*vious to June,
\SUi, On the contrary, the i>retension is hazanled in the face of
tliem all.
The lirst maj) of the strait is by the jiilot Lope/ de Ilaro, on that the
'Month of the so called strait of Kosario is named lioca de
l'idaI};o, and the water to tho south of it bears the name of
tlie ^nlf of Santa Kosa.
The map of Fllza, iu 1701, contines the name of the straits of Juau de
Fiica to the straits that separate Vancouver Island on the ^^ ^ ^
^oiitli from the continent; and that otlicer iu his report
li'peats the name of the i;ulf of Sauta liosa as the name of the interior
waters.
The exjdorers iu the Sutil and Mexicaua, alike iu the Spanish chart
of 1703, and in the unip ainiexed to the ])ublication of their .^^ ^ ^^
voyage in 1S(H*, call the straits " Eutrada," a Spanish word
that can extend to no more than an eutrauce.
9 D
M i| J
w
130
NOHTHWKsr WAIKK lUiL'SDAlfV AKHITUArioX.
M .(. 1 .
Noxt caiiM' ^'iiiicouvrr. :\\u] tin* y:n;if iMitlmiify of (lie Iliitisli iiuvi-^MK
o\<Mtliro\vs lilt' iiritisli ;ir;inm(nt in'.N«ni(l room Ini ciisii; id
lir not. only. liKf iill lii"* pnMh'crssois, ronlincs tin- n;nih-
Straits of .luan <!«' I'nca to tlu' |»aMsay:r brtwtM'n N'ancouvcr Ishnnl ,J
tho south ami t1u> i'ontinrnt, Itiit, al^Uc in liis nairativc anil on jijs iii;i||
I'xpii'ssiv »listin;;uislM's those straits lioni "the iiit('ii«»r sea." whicli li([
with ii\vi\\ sohMiniity, nannd tlu- ;;nlf of (It'or^ia.
Thf map ol Ihillot «l<' MolVas. ot lS|t. jmil thai of Wilkes, in bi.i
,,,i^ (•online tlu' nanu' of tlu' straits of l"'nca strictly to lliewattr
'*'!'''■ tliat really form a strait between tln^ eontint'iit .mil tin
southern line of \aneouver Islaml.
The uoxernment of Ilei- ilritannie Majesty cannot prcMluce one sin^
maj) oltler than IS It; in tiefcnsc of its views
The common use ot lanyna^ie anion;; tl-e Uritish in \'ii!H'oii\( r stil
\p,».n.ii .%...«.. t'orres]»on»l> with the nn<livi(hMl testinH>ny of the iiki|iJ
(n'i<M.i<M. lNinl)erton. sin \ eyor ;;eneral of \'anc(Mi\er Isliiiid, in ;i|
work pnhlisluMi in is«i(i. wiites tims of u stran;i<'r steaming', \W
\Hi\ the tirst time, eiistward into the stiaits of .luan <le l-'nca :" *"ihi
his riy;ht h;iinl is \V;i.sliin;:ton Territory; on liis left is N'ancouvii^
]slan«l: stiai;ilit hefoie him is the ;.Milf of ( Jeor;,na.'''
The statement of ( 'ommandei- Mayne is, if possible, still more |)iv
\„pe«d,x \,..M. ^'i'***'' ^'1 <!"' '"^Irait of .luan de l''iiea, he writes in llicsfi
''"* words: *» At the Kace Islands the strait may be said to teriiii
nato, as it there o|)ens onl into a lar.iro expanse of water." Now tlii'
Itace Islands, or IJace Itocks, alike on the Ilritish and Ameiican \u;\\>^.
lie to the southwest of the channel of llaro. On the point in tjiiestii)iii
llicre eould be n«) better authority than ("ommander ]\Iayne, aa lie is a
man of science, and was employed on the surveys dmin;;" the period in'
A>hicli ('ai)tain. now Admiral, I'lcvost and Captain Kichards acted a^
the Mritisii boundary ("ommissioners.
Ihit to refute the Ilritish assumpti<ui. we nee<l not ,<;o outsiih' of tin'
Ihilish Case itself. On pa;.;e L'7 it claims the chart of X'anconver as tli<
chart according to which Her .Majesty's (iovcrnment frame<l the \\y<'
article of the tieaty, and then most correctly says : ••Tlic
Jiaine of the ^nilfof Ceoi^^ia is assi;,nied on that chart to tin
whole of the interior st'a."
Thus this branch of the arv;ument ofb'red by the Ibitish (loveriMiioiit
is in llat contradiction to the proper use of lan^uaye, to nature, to ilif
concurrent testimony of every competent witness, and is ;;iven up lielmi
the end of the very jiaper in which it is i»resented.
AVe now come to the other blanch of the Ilritish ar^tiinenl : that pri"i
\p,,.T„i„ s..> .VI. to I'Slti there was no assurance that the canal de llaro w;^
..4.j4,6r,j«,6i. even navi;;able. That channel is now universally ackimwl
ed^'ed tobe the best ami most convenient for the Ilritish. It forms llif
only line of communication rc^nilarlx used by theai. The mail steaiiu-i.^
take only that rtmte. It is the lu-oadest, it is the deepest, it is tin; shortest
passajje ; and ho it is the only one used by the yfovernment, the tratk'is.
the immigrants, and inliabitants of lliitish ('olumbia. It becaiiH'
1 17 1 the exeluMive cliannel as soon as ;.;old huntin;^ *lured a<lventiin r-
U, that region, and the navigation of those waters was no loiiirn
eonftned to tlie vessels <u)asting from one to anotluu' of the trading:
])osts of the! llud.son's IJay Comijany. Its superiority appears alike from
the chart of the British Admiralty and of the American ('oast Survcv
A map i.s annexed exhibiting in several cross-sections tbc
relative dei)ths of its channel.
The plea of ignorauce ou the i>art of the British up to 1810 is irrelo
lin'-t^h in*^. i> :
M:ipM.
N.
IIk' iiiiiiit'
«'!• Isl.iihl ,^
I oil Ills ni;l||
• •"■ Nvliiclih«
llvt's. ill isi.-j
lO tilt' Wlllfl
cut .111(1 till
t'<^ one siii;;l(
icoiivcr still
'" tllC llliljis]
IsIiumI. ill
tJ'illllili;,', toll
'ikm:" •"oJ
s N'aiicouvi'ij
II more proj
tcs ill ilicst'l
iii<l to tcriiii
•" Now the
'riciui iiiii|i\]
' ill qiM'Stiiill
', iis he is a
he |)<M-i()(l ill
lis iictt'd :bi
itsido of till'
mvcr as tin
umI tln' tirs;
<n ys : •• The
■liiirt to the
lovcnunoiit
tiiro, to rill'
II up IkMoi'i
: that prior
«' I faro \vii>
l.v ackiitiwl
t Ibrms tlif
lil sfcaiiu'is
ho shortest
he trailers.
It bccaiiu'
<lventiii'oi'>
s no loii^jci
10 tradiiij:"
aliko from
Lst Survey,
ctiou.s till'
n
AH JO STRAIT
ir,
I^Il
5 ia irrele-
A » \ s < o V V I-; II
|0
ThvUfi IkUiiiI
■\
■"J
:::5
^ ..fc=^' "■'-?
A (tiliiino Ifiliti
lit i4 !iiUnfl
A-
v./
a r L r or aijoinuj
V
CROSS SIM'TIOX <>.\ Tlir: l*A!i
s.\.\('i>r\"KH '."
:i v
un o I I*
<• A JV A L n !■: H .1 H o
IM
- /
> V
citoss sr:rTio\ o\ Tin: p\f?\
viNrdrvKn ISLAM)
Urlf>t-:\ Sit/nrt iiiul
tlrlttitri .iKfxrt una ^ (r
S\\ ,U'\N ISI.ANO
S if A W S US '
-/
V
w
\
»'ii(>s.s .sKn'iON o.v riri: ivvrvi
latriiHi* ..
V A N (' O r V K R I S L A N 1)
OiwwvflT I*
N .HAA' ISI.ANU
.Haloai Hunk
.Iriililll
(MOSS SIH'TIOX OX TflF PUt/
Sciil*' of SlMtuh' Mih'N
liT^'"Pt -P-v- -P^-
.. ,J
■IMWIMBWilMIIMIIIililillll
o m:/.!
IM HaheiiM
M A
I \ 1.
»JMl A H MOO IJA Y
>\ rnr: pahallkl of jh<7
fitlianii
4
W ii tl A tt U
SVI'W <iH<lll>
Tin: iMuu.Lri. of ^ t,^
M A I .\ I V V I)
BELl.l!rOBAX HAY
OiiriurN V
MA 1 \
I. .\ x u
--^
itjj;.
,
fjllMllU
n
a fstHviNt
r»fi: PAHAI.LKr. of M»;{.V
»■ IKI..\.N1»
M A I .\ L A .\ I)
i> IdttlHMIR
TflF IVUIAI.LFL OF I « 2,'J
i»r Slaluti' MilvN
\,!Ilt.
'V^
Ki.i'i.v OK Tin: r.MTi;i) .stati;s.
l.il
\,!iil. Tilt' treaty does not «l«'si;iii;U(' tlic <liiimu'l wliicli was or wmm not
iiiKst ill use, hut llic fliaiiiicl wliicli st'paialcs llic (Mtiit incut iVoiii \'aii-
((.ii\''r.
ill Mcyotiatiiijj: tli(> {n>aty iicitlirr side liail in view tlic tracks of tlic
lew luriiicr I'lir tradi'is wlittsc comsi' was iiin ; Init. the ;;i<'at rlniniicN
i,iii\ iticd l>v nature fur future eoninieree. Ainerieaii statesmen otliciallv
i.iivtdlil at tlie time to the P.ritish iie;^olialors that, under American aus-
]ii('fs, tldurishin^ coiiimonweallhs, siieli as we now sec in Calilnriiia and
(hcunii. would ris«' iij) i»ii the Pacilie.
Till' plea of liOrd Ahcidecirs i;in(>ranee of the Ilai'o waters rests not
nil aii.vtliin;; real and taiij,'il>h' which can he iincsii^^atcd, hut on some-
iliiiii: purely ideal : on an unsjiokcn, unwritten opinion atl rihiited to him.
It \\;is not set up till alter I he death ctl' Sir Iftihcil I'eel, who professed
Id iiii(l(>rslaiid '^ tiie local conformation of ihat country/' and explained
il to the House (tj' (onimoiis; nor till after Lord Aherdeeii in IS,".,") had
linallv retired into private life. Il is not pretended Ity any one that the
iipiiiiiin was well founded ; and as it is ei'roiieous in itself, and inner ob-
l;iiiitM| the sanction either of Sii' IJoliert Peel or of l,ord Alierdeeii, it
imis; he classt'd amoii^i' the dreams I hat i-ome from the realm of shades
tliriiii;:li the i\<»ry ;4ate.
Miucover, the atteniitui of liord Aberdet'ii, two days before he scut
(iiii 'lie tn'aty to Mr. rakeiiham, was specially called to the islands ol
lilt' llaio Archipelago. On the l."»ih of .May, lsp», he detinitix cly as
Milted, as Mr. Macl.aiie understood him, to the llaro «liamiel as the
lioiindarx. On the Hitli, Sir dohn I'elly, then yovernoi- of the
(hs lliidsiiirs l>;i\ ('om*paiiN, the saiiu' who boasted that that com
paiiy had " eirmpelled " tlie Americans to withdraw from the fur-
tn<<li'. waited upon Lord .Vbcrdceii with map in hand, pointed (Uit to hiuL
tile ;:ioup of islands, wholly on the south (»f the ,»,i,.!llel of a^,,..,, >, c.
lit .anil (U'sj-ribed in distin«'i and unequivocal laiijiiuane, as ' '""•
Well ••as<'olori'd red," "the water demaikati»m liiu'" which woiihl secure
f'\er\ one of tln' llaro islands. Lord Aberdeen, after haviii;^- his mind
tliiis closely and exact I \ draw n to the posit ion of those islands, like •• the
Miai^ilit forward man" ot' honor the I ni'cd Slates took him for, rejected
the •• e\pli( it " ad\ice 'Aliich W(»iild. indeed, have prevented the con
fiiiiiiiiation » f the treaty ; and, in his insnuetitais and in his dr.iu;;ht ol
til" treaty, stipulated mily for tlu' chanm'l, " leaving; the w hole of N'an-
<nii\ei's Island ill the possession of <lreal Ibitain."
I intlier, this plea ot' i;^noranee in ispi that tliechamiel ol II. no was
ii.i\i;,'ahle, is in itself absurd. l"or what is a channel? canal.' I'ahr-
vasser? Se«';fat .' .\ chaiiiu'l me. ins the depest part of a river, or bay,
< le the main curr"iit flows. 'I'he word is never used excepi ol' water
I'-ii is iiavi;;altle. (ieo;4ra|)hies are lull ol the names of channels, and
li«' maps of lair(»pe and .\sia ar*' studded with them: and whoever
^•'tore tli4>u<'hi of den\ in-r aii\ one of them to be navigable .' The prestMit
>iiti>li siiyj,'csiiiiii is without precedent. 'I'o say that the canal de llaro
^ ii"tkii)wn to be iia\ i;i;able is ttt say that the canal de llaro was not
'"> '^Mi to be the -MMiial tie llaro,"
is ver\ iinlacky for the ( lo\ crnmeiit of Her Uritannic ;\la|esty that
i' pleaof »;;(ioranee relates to t he w at«Ms inside of l-'iica straits. The
•' 'liiiiiinf.( of the fur trade ; the .Spanish JealotisN of Itiissian encroaen-
1 "Is down the racitie coast ; tlu' liiijjferili;; hope of dis.'overiii;iailorth
^*'-i passage; t'lc llritish de- oeof lindiiij;' water ('(unmunn-atioii from
tl I'aeillc to the ^Mvat lakes; the French passion for knowled;re; the
!»i>liey of .\meri<-aiis t(> investi^at*'. their outl\ mu [)ossessi«)ns; all
(1
coimpin »l locauiie more 'requenlund more tlioioiighexiiininii'tions
132
NoinilWKST WATKK n(>UNI»AK'V AUKITIJATION'.
ottlicso Wiitcrs, even lu-lon ISKi, than oi' any similarly sitiiat«'(l waters
in any part «>t' tlir ^'IdWr.
Tx-torc that epoch, the watcis j'ast and sonth (tf \'aii('on\cr Islainl Imd
hccn visited l»y at least six seientifM' expetlitions, from Ibnr se\er;i! m
ti(»ns: three I'lom Spain, one Iron: (ireat I'.ritain, one Irom I'laiier. ;uiii
one I'rom the I'nited States: and the diseo\eries of all tlie lour nai
iiiih
had been laid before the world.
De Ilaro. of till' S|ianisli exploring; ]iait\ of ITS'.I, «lise<»\ered. ainl
partly sminded and sur\eye(l, the one br(»ad and inxitinji' channel wlr, n
then scenicfl. not merely the best, but the only aviMine by watei' to tli.
north . and he hit upon il his name.
The ollicial rejtorts of the «'Xpedilion ot' l.ienlcnant de Ml; /.a. in 1/M.
and the lar;;e ami eAcellent map which accompanied hisiiai
iati\f. |iro\e that on the ."Usl day of Ma\, 17!M, an aii
\{'tw-ui]il No. t:*.j
IK il
l)l|l
boat was ordered to enter and »ni\ey the canal of Lopez de Ilaro
the .survey was interrupted by the hostile appearance of six Indiaini
noes, tilled by more than a hundred wairiors. On the 1 Ith day of ,bii,..
the exploration ol the canal de ! laro w
as icsumed. and was ('(Mit inuc
II Hi
the wlu»!e line of the canal de Ilaro w,is tiaccd from i'uea's strail- 'i
its continuation in the ;^reat u|)per channel.
r.ut the Imperial Aibitiator may ask if these (li>co\eiM
s were pii
lished to the world; and the Iniled States answer thai they were|iiili
lished bclbie llie end of t he eel t ury, bot h in Spain and in i'.iiulaml. I'
IT'.L' the ."Spanish \essels Sutil and .Mexicana, commanded by ('a|itaiii>
i/ii,
nil
A|(M'iiil(i lo M
(ialiano and \'aldes, takin;:' w th them the map ot Iaeut<>nant de I!
\«'rilied and completed the exeloralion ol' the inteiior waters, 'flu
suits of the three Spanish expedji i,,ns were published ollicially 1»\ Sh
in I7l>.". in an elabiualcK pn'|>ar.d (hail lor niarinei>. ci
^I III 1 • I I
which a litho<:raphed ) opy accompanies tliiM reply.
The map of 101 i /a was also coinniunicated to N'aiieouxcr in ITui',
(UOJ at the lime wiieu lie met (laliaiioaiid N'aldes, in lli»' 'water> c;iM
of Vancouver Island. Thus Captain N'aneoiiver ix-came ei|ii ill\
well aw are of the sii|»eiioi iiy ol the channel of Ilaro. Thai he put liii>
in the commiini<'alii ns made to him by the Spaniards, i
Nirwiipii pioved beyond a doubt, for he incoipoiated them into ii>
map. The diseoxeries of the Spaniards, enriched by add
tional surveys of \aiicou\('r himself, were published in (Ireat Ibitaini'
17t*S. ill C(miiection with his \o_\aji('. Ileloie the end of the ei;ilitciii!:,
coiitiiry, thert'fore, tlit^ relati\e importance ol' the channels in the wan i<
east ')f \'aiic(Ui\«'r Island was known lo e\eiy «)iie who eaicd to ini|iiii
about it, and w ho could ^ain access either to llie chart publish) d
<'adiz, «»r to the a«'eount of \ aiieoiivoi's voyage which was issued la
London. Ilei Majesty's (iovernment 'ins certainly to ha\ebeen i
possession ol the surveys of Captains h. (laliano and ('. \'aldes, lei >
thi' first chart drawji by tin* Itiitish Admiralty of \aiie(m\t'r Island mi
the (inll of Cieor^'ia, and publi.du'd in l'el»ruary, IM!), they are eitciii^
eoual in authority to the eliait of \ .tueouv(>r, and .is eipialls
kuowE.
Apprnriii li. Mr
A*^U) the vvsmU of tH*> V'reneh explorations, Mullni
MutRiH, in hiH v^ock p^^^»^'N^| -d ill ISll, reports:
■ iMj'i 11 la jiaitie i;>t i\v la ^ramif il'
1.. iiiuIk''' li'N a'ais mun ()a"fllrs (»iritiii i
iidts il!llifitll('H. !,<• iiuhsagf It' |tliiN (jinli ■
a '•( ViiMCtiiiviT -t *->\\" Of Sail .luaii.
'PstiM r«'»jnn>' '|iii M'tciai lit- l;i •
t/iiadm. il fxi»i«- uiic tuiiii- iji |mi
iiuvires, |ii< Nciiii'iit i la iiavigath
jMir !<• <«iiiil <!»■ Ilarii. mtn' \')\>- ■ ,•:
In tlu' »i)inrf I'l'twci-ri tiir coiiImm lit imhI flu- «'hmI«tii )tail of tin* l«i;;i' iMlaml of t^'
dia, tttt-n i» a niiiltitiiui' uI'muuII i>iuut\H, witich, in '<pii< ol tin- nniv >lu'll(rN tliat
KKPLV OF Tin: I NlTKl) iTATES
13:3
,,l|ci- ii' >liil>s, )iiTM'iit t;if;it (litliciillii's to iiavi^tiif inn. TIic iiii)st i-asy pji
.siini'
tliiitii^
llic cjiiial ill' llaro, ImIwccii llic inland of (Quadra and N'ancoiivi r and tliut oi'
Siiii .liian.
TIm' tcsti.noiiy of Diiflot <1(> Mofiiis is cloar iiinl iiiiO(|iii vocal. It is
iiii|i;uli:il, ami it is aiitlioritati\t', as it orcnrs in a loiiiial it'iiurr to liis
sovnci^i'ii.
jlj M'oimnod.trr W'ilki's liiiiiscll', in isn,nia(h' all tlic surveys and
-iouiuliii;4s that vmtc ii<Mt'ssai> I'oi' tin* sate iiavij^ation of tiic Ilaio
ili.iiiiitl. ami, ill 1S|."», |tiii»Iisli('(l ollicially, holli in Loiidoii ami America.
tli:it lie had dom' so.
The Atncricaii advent nrci's who eollecled I'nis in those watei's for the
iradt' uith China knew the relatixe \aiiie (»f tlie two channels. At
I'.ostoii, in lSir», Mr. Stiiryis, the j;reat representative of that class, de-
>(iil)es the llaro cliaiinel correctl\ as the nortiiernmost navii:;able chati
iicl. and draws the boundary line throu;:h the center of its waters. Ami
111-, paiiiphlet and his map were km»wn and approx'ed by Lord Aberdeen
lit'lore the treaty was framed.
riiiis in Cadi/, in Taris, in IMiiladelpliia, in r.oston. ami in London,
llic cliaiaeter of th" Ilaroc'.iannel ha<l bet'ii pnlilicly made known bel'ore
tlif end of ISI.").
The I'.ritish claim that the Iliidson's I'.ay <'oini>any navi;,'ale(l those
walci's from ISi'T or ISl'S ti ISin. Is it credii)U' that for nineteen years
ilii'v >ilionld have sailed a distance of six (ierman miles, and, at the end
(il lliat time, be able t(» atlirm that they were i;4:m>rant of the: most
(ili\i(»Ms, broadest, shortest. n«'arest.and best channel to l-'raser's liiver .'
I nlcss they took the channel of llaro, they must hav»^ passi'd it twice
(III every voyap*, and a sailor, from the masthead of a vessel, or oven
!ii>in the deck, could have .seen it in all or nearly all its extent.
(li)\('riior Doii^^las, one of the most entcrprisino- mid in<juisitive ol
iiii'ii, famous f(U' his "intimat*' a<'<piaiiitance with every
tn'\ ice on the coast," came in ispj, with the know h'dji'e and
iipinoval of li(U(l Abcidei-n, to scle<'t the stati«ui for the ]Iuds(tn's ]>a\
('nnii>any near the southeast of \'an«'ou\-e)'. l-'rom the hill that bear>
iiis i.aiiie, his eye could ha\e (•ommanded the whole ot' tlu' canal dc
llant, and his experience <»f the sea wouM have revealed to him at a
;;laiice the o-rcat depth of its waters. .Moreover, in a -^'ood boat, with a
I'avoriii;; wind and tide, he could base pas.sed tliiou;,di the whole
|--j channel * in less than three hours. To say that he was not
tl;va'ou;ilily well aware of" its merits is, to those who know the
'liiiracttM' of the man, beyond the iKuinds of credibility.
Tlic Ibitish <lo\eriinicnt has not produced one paiticle of evidence of
iiii nidei' date than lM»i, that any one (piestioiied the na\ inability oi' tin
Hill. I channel, while all the evitlenc*' which the American (Jovertuneiit
li.is tliiis tar produced to establish it, is (»lder than the treaty, is sup
l><»rted by the testimony of four ditVei'ent nations, and proxes ))ey<>ndall
I'Hssihility of doubt, that befoic the treaty of isp; the -jiperioiity ot
the v',\ua\ i\v llaro was known b;. ai! who cared to knov* iUiytliing on
llic sul)je<'t.
file testimony which Her Ibitannic Majesty's jjovernment of to da\
hriiifis forward to pn>ve tlu' ij;m>i'ance of its predet-essors is Ibiiml to be
the move },n-oumlIess the nnire it is evamiiied. It woidd be ditlicult to
f^tate too stroiijily the objections which any Ibitish 'Oiirt of law would
iHiike ttMt. The* declarations are taken by the one party without notice
'<• Hie otluT, The distiufjuislu'd otllecis of the llud.s(»n*s I'.a.v Company.
"icM like Ciovi'inor Dou^das, are passed by: lor they could not be e\
iK'cted to stultify themselveH by pleatliuj.,' i;;uoraiice of the merits Of
Mm-- 1.«. N >
I l"l I I'.' II
131
NOUTIIWKST WAIKi; l.t »r\l lAKV A KIHI'I^Al In.'
ll;int chamicl. (Hisciiic int'll \u-;\v |M>sili\c fotilllollV !•» lllitt ;ilii)ii'
wliicli liny kiM'W notliiii;;:. A sc! mT w littcii (iiicstidiis is prcsciitnl tu
flicm, ami in dilVcjfiit iilaccs, iiiid o.i (iillcniil tlavs. Ilu-y answer in Im;.;,.
;iart in tlu' sanii' WdiMs. iiii|il\ in;, that aiiswris. as w ell as (niotiniH.
■wnt \n{'\K\vvd lu'lttrriiainl. Tlic tt stiiiioiiv llnis picUctI up is (»r tlir \r^.
\alii(', as tlio witiM'ssi's w«'rr not cioss cxainincfi ; ami v«'(. w itluaii iiiin^
conlrontcil oi- ciosscxainint'd. they invohf tlM'inschcs in coiitiailictiiin^
il' not in talstlioods.
The (|H('sti(>iis art' tVanicd so as to seem to l»i' to tin- point, anil \i
most <il' tln-m art- of no >i;inilicann'.
WilUaiu II. McNeill pictemls to lia\f nx-d \'ancon\ ci's cliaib
ilcnifh C'hx- im
not knowiii.u' tliat '. antoiuci made no chails evcept ib
'" '" an ilhistration of his own \o\a;it'. Then he alliiins tlm-
[U'lj •in coMiinu sonlh from I'rasci's ll'wry he wnd thron-h Ko>iiiin
straits; wiiilc the K'osaiio straits on N'am'oiiver's map lie fai t(i
tlio north of Frasi-r's KiNcr. A^iain, lu^ says thai the navi;;atioii m
llaro straits is mn<'h impedt-d lt> niinn-roiis small islands and rot ks;
wheicas It nuiy be seen ]•> the (harts o( ;Iie Uritisli Atlnuralty, as well
as those of tlie I'nited States Coast Survey, that the ehaiinel is hnud
anti sin,t;ularl,\ deep, ami where the litittttm is marked rtteUy, the soiiinl
iiijis show atleptli ot' iliifc Ininthtil. six hnntlied, antl e\en a lht»n>,iiii
ftet. The same man puts his name ttt the >tatement that what he i';il!>
the strait »»f U'osariti was tin onl\ -iir\e\etl channel; whereas iln
'•:i
nal de ll.iro had heeu ,snr\ tyetl both Ity Spanish antl Amerieai
I f\
.l.Hh <■»»«■ I', .'il.
peditions.
William -Mdehell testilies twiee o\ei tlnit the so-ealletl lo»sario >i:,ii'
was tln> only Ixintwn channel; while the chanind of li.ii>
appears on the S|)anish chart, «m the I''reneh, on the Aimr
ican. ami i> ^i\en by \'ancoii\ci' himself. Tin- same \\ illiam Mililid
lestilies. like McNeill, and etpially falsely, that in .lane, isiti. ;'■
>traits of ljt»sarn», so called, wfH' the tinl\ snr\f_\ed chanml.
lint Alexamlei- ( '. Amieison exceeds otlnTs in alacrity, lie testiiii-
ilnliih Chv I •!
1, |. '■•"' ^' '
that as late as is.'d the passa^i'e thrt»n;;h the llaro >!i;i'
Avas incompletely kimwn. Nt)w the lai>;i' charts prepaii!
It> Wilkes ami Ins ollicers hatl been liascxcial years exposetl for sili
ft» aiiybod\ th;t clntse ti» bay them, antl it is abstiliitcly certain i!i.i
they were pr*'senled iv the Ann-rican minister at I.omlon Iti LtntI I'li
merstiMi, r.iiti>h Secretary t»f Slate lt»r l'oreij;n AlVairs, ;iii'i
l>\ him IhanklnllN ackm»w le(lj>'ed, in lhe.\ear IS|S; s»j thii
thn (ln>-.>r!nnent t»f lier r.ntannic Majesty happily ptissesses the Hit ih
of <'orre<'t!n^ iIk- rash tieclaiations ol the last nametl witness.
TheAmeritan (lovernmeiit «'annol oiler the rebutlinj; teslinntii\ i"
.\meriean maimers. I'o! their fur tiatle tm the iioilhwcsi coast. hatl 1'"
Itroivcn lip by the luitish beltne IsIO, and when at a latei <i.i
f-4| they atlemptetl ttt renew it, they *hat| been forcibly ctmipt llc'l -
the ollicers and servants of the llinlsoirs Hay ("tmipan\ tt» ^i^
lip the tichl. The American saihas, tlnreltire, wlm were familiar ^\:li
those rej;io!i> ha\e Itiny since K<'ne tti sluinbt-r with their fathers,
lint the lliiiisli (ase enables the American ilovernment t«> cite tli
lo;,' bttoks of the llmlstm's T.ay ( 'tnnpany. It m»\shere ventures to '^;i
ihat the lo;; (Kd\s of the \ essels ot the llin'son's IJay ( 'timpany pii'\'
that ihe.N m\»i went thmn^h the llartt t hannel, but tuil
that the\ used the so t-alled Ijosario htraits as the "le:nlii
( U.iliiM-l." This is a «Mmlession that the It);; books t>f thtise \ t-ssels slm
tlut sometimes one elmnnel was sised bv them, sonn'times the other
I t,.h (;«•!-
Il>'li>b •'»
It is atlmitted by the Ibitish ('as«' that in tS|.{ the CatllMM
sailet' throii;4h llaro straits ami that tmce, at least. ''
K'l'.l'I.V nr riii; l\|)i;i. siatk
\.
>;>
llii(|siiii"s l'»;iy ( 'oiiipiiiis's stciiMHT l'.<'ii\<'r cliosr Ww >;tiiif uniif. Toiii-
iiiiiM<lcr Miiviu' ii<liiiits tliiit wild I tlic 1 1 1 Ills* Ill's li;iy ( 'oiiipaiiN
...tillilislt.'d flicir lir;i(|t|li;il Icrs ;il \ir|nli;i. tlic r;ilinl dc n'MmUVoilimi.'!!'
lliIKi liccillllc \\S{'{\. Ill cm Kilxiliil lull (tf this list' ol tlic ' ■"
,li;iiiiiil (tC Iliiiti, t'S|M'('i;illy IVoiii tlii* Nfiii ls|L' to ISMI, sninc ;it1'ulavits
iiul statciiiciits iiw ol1ri«'(l, «'i»ii('(t inn tlic ti'stiinony t'oii-
aiiicii ill tilt' I'.rili>li Case, and (•(•iiliiinin;^' tacts wliicli tlic •.»
<ii.
> 'M. m
lliitiNli Case it self ad III its. |''ioiii the want id time, no iiuticc
.mild he ;;iv<Mi to llie oilier pai'ty ; l»Mt aiiioii,LC t!u« witnesses will lie
iiiiiinl some (d" flii' highest ollicers in the Army and Na\> (tf tin- I'niled
Stale, as well as men Uiiowii by their works to the scientilic world.
It is a remarkalde tdiaraeteristic of the iJrilish Case, that v^liih' it
Mciiis lo make assertions in lan^iiiai^f of the most eiier;;etic anirinatioii.
I ([iiidilies them so as to make them really insi^nilicatit. 1 1 mi;^lit almost
II' .siiid that the ISrilisli ( 'ase ^ives up its ow ii theory id' the i;^noraiice of
IjihI Alu'idcen as to t lie chaiaetci' of I he llaio channel ; for it afi'.rms, not
liat lie was ignorant aixml its iia\ i;;al>ility, Itiit that he ••had no assiir-
.iiici' that it was e\en naxiijable in its upper wati'rs."
N
o assiiraiiee is a very vaj,Mie expression ; so is
L'.l] • the phrase »• iiiiper waters;" and with them both nothing; is as-
serted, while the form of the statement is an ample contessiou
liat Lord Aberdeen was at h-ast perfe<*tly well ai-ipiainted w ith the exist-
• iici' III thestiail. When, iisin;.' the same words with which theyiiitro
.lucid their total misapprehension of Mr. Webster's opinion, they write
oftlie Ilaio I'hanncI, *• It is not too much to sa.N thai ller Majesty'sdox'-
■ rimieiit had a tiini belief that it was a dangerous strait," it is enou;.',!'
iiriply that not oiii word has been presented to show that Lord Aber
li'cii liclie\cd it a daii.ueious strait : and without his positi\«' testimony',
AJiiili has not been pioduci'd, this is an idle and ;iroundless assertion.
Siraiiue a^ if is lor a ;;reat nation to come before a tril»iinal like that
; llie (iermaii lanperor. and coiiiulain lliat lhetreat> which they them
^i'l\c> ilrau;^hted contains an ambi<4nity due. not to iiad faith, Imt to
uiiniaiicc. the I'liited States ha\ e avow ed theiiisehes ready
ii iihidnatc t hat itart ot theti'eal\ on the "round alle;;ed i>v tr'.i'l
Iio Ihilish (lONerniin III. thai il mi|Ljiit ha\e been made
iiiilci' a iniilnal niisnnderst.indiiiu : and to re-arr:;n;;e the
"lUiidar;* wliudi was in dispute i)etoie the I real \ was concluded. When
'111 lo the test, the I'.rit isli are compelled practically to acknow leilue the
'Miiiloi and forbearance o[ the .\iiierieans in the tormation nl the treatv,
iiiil thai, it" the work were to be done over ayain. they ha\e no ho|»e ot
M'ttlement so much to iheii ad\aiilaui'. Tiie I reaty, as il is umler
-tiioil by the I'liited Slates, made \er> laii^e concessions to Cieat I'.rit-
111; and the |5ritish ( lev ernmeni insists upon preseivinu it.
Tiii'ii, sinci' Her .MajCMtv's (lo\eriimcnt will not consent to cancel the
1,11'i.U .Dl aii.l
Mi|fr»'iM-f in*-
iwivi.ih'-MialiCmi'
in»,«iitiii'r*. Lit \V'a*ti •
'leats, it must be ace*
pled
!iccordin<; to its plain meiiniti;
and if it;
iieaiiiii;; is not plain, the party whicii ilrau;^hted it must sutler tl'i-con
-•'ilUciices of the aiidii^uit \ .
(•.'■'l Mil. ri;ocr,i;iii.\iis rNDKK" i"!!!: twk.vt^' or i-ii..
The I'liited >'.tates have always held tin' treaty to l»e iVee from
iiidiiyiiify, jii,,! hi,\e maintained tlu'ii' understandiu';- of it wiili iinvaiy
iiji eoiisistency. If between a channel that had a name, ami one tluit
liiid Millie, the I'.iitish (iovcriiinent inlended to take the „,,,....,, p,
iuimiel without a name, it should have deserilted it wilii -~ "
'li^^tijiciiiess and care; instead of which, the words of their description
\:m\
NoRTIIWKsr WATKR ItOrNUARV AUIHTRAIIoN.
i.. II
oxclihlc tlu- ciiaiiiK'l witlitMit ;i iiaiiM'. ami iip^)l\ rxactiv and alone to ti,,
Ilant ( iianncl.
In .lanuarv. isis. ilu' IW-itisli niinistiT at Wasliin;;"-|(>n, licatin.; iIh
*,,i«mi« X.. ... •• islt'ls" of the San .liian airlii|M'la;;o as of ••little n\ n,
valnr," expressed a •• wish " to tin' rnit«'<l States that ihi
passa<;(' nsetl by \aiM'onv(»r in passing t'nnn Adniiiallv Inlet tn ili>
north, niii^ht Ite nintindly considered as ihe rhanin'l of the tn'at\. N,.
< laini \vhate\er was iirel'eired. and Ihe wish was e.xensed, •• heciiiix
otIuM wise iniwh tinu' niiirht Im' wasted in snrvevin;; the various intriiitf
eliannels formed hy the muiu'rons islets whirh lie between N'anconvci'-.
island and the mainland, and som(> <lini( nlt\ mi^ht arise in decnlin.
which of thos<» ehaiun'ls on;iht to be adopted for the <li\idiny botmdan '
The letter of Lord ralnierston, nmlei' whicl; tin' Ilritisli minister at
Washiniiton expressed this wish ot Iler "Nlajesty's <io\ernmeni, li;b
ne\«'r been ( iniimnnicated to the (lovernnu'nt of flie I'nited Slater.
To -Mr. IJaiu'roft. who. immediately after the ratilication of the tr
e;i;
o nil .1:
li
was seh'cted as Die rnited States minister at I-ondoa, and wli
()ccasi(»ns spoke ami wrote of the canal de Ilar(» as Ihe itoiimhuA clia
nel, Lord I'abnerston, then Secretary of State for I-'oreij^n AtVairs, la..
presentc(l any connter claim ; and the American minister was persii,i(|n
,1 that dan^'cr to the immediate peaceful execution of th
treaty ar(tse, not from within the ministry, but from ili
i|>.«0. 81.
ro
7] parlia*mentai> intlnenee of the Hudson's r»a,\ ("onipanx, wlm-
desires the ministry seenu'd relnciant to adopt.
Mr. liancroft did not suttei- the .inthoritati\e inlerprelalion of ll'
treaty on the part of his (loyernment to rest on the upcertainly of co;
\ cisat ions which time mij;ht oliliterate, or menauy jtervert.
On (he last da,\ ol .Lil,\, ls|S. Lord I'almerslon .liservcd that lie li.ii;
no good chart oi the (Mejuon waters: and ha\iny" asked to see a iraiiH
c(»py of NVilkes' chart. Mr. l!anci(tft immediatei> sent il to him wiT
thi.s remark:
t'nliK-kiiy tins ((ipv i|iii'> imi tsi
riul <|ililc Ml lill' iml ill ;i'
III
]>:\\:
.r I
I '
Iliiiii;;ii ll tuiuiiiiis till' wiilr ciiiraiici' into tlif >lrail> nl' llaii», llif I'liaiiml llirniiyl
riiidtiii iif wiiicli tlir iMiiimlary i«. to li(> contiiiiiiil. Ilif iijiimt part of llit> siraii.-
Hait) i^ laid (low 11, ilioiijjli not on a laim- scalf, in NVilkf.s' map of llir (Jn-'^oM TiTiifoi
Obtainiii;;- from NN'asliiii^itoii ;ni eaily cop\ of Wilkes' snrve\s, .^b
nancroft deli\eic.l it in Loid I'.iliiieistoii with the follow in;^- olli<ii
note:
N"i\ 1 Mil 1.1
1-1-
My L<iI:i>: I did noi \'>>vj,i\ voiii l(«rd>li
p's (Ii'>i|r to .<ic tllf I'nilrd Slates slllV<\\>
tin- wain,"* of !'M;.'i-t^ Sound, and ilio.sc dixidiny Nancoiivcr's Island I'loni our t
fill
torv,
f]
i ti
11
M'sc .surveys liavc li.cn ivdnccd, and have just lict-n i»nlilislicd in tliri-c part-
iiisniit for your lordf*liips arc. plam t- th.- lirM . i.py whidi I liavc r.-c.-ivcd.
' .' snrv('\s t'xt.'iid to the lim- of -lit , and liy I'oinliiniii;; t w.. ot t lii> cliarl
'Oi '
•li !!..
inlslnp will n-adilv tra.o tli.' vvliol.' courscot lli.- fliann.d ot llavo, tlimii;
] niitldUi of wlii.li iinr lioiindary liii.' passes. I Hunk ymi will ote.Mii "lln "■
don
e III a inaniK I \ .'ly eredital.l.' to tin- yniiii"^ .Nnvy ollieers eoiiei'i n.-.l 111
I havo the lii>noi Ar
Visc'iiiiit f'.vi MKHSTo.N, .|(...fc.
(JKoRlJi: IlANCRol
To this formal and authorized annonncenu'iit of tin Ilaro as tin
l)0un«lary, tiio aii.swer of Lord Palmerston, w ritten alter four diiys, wa-
in like manner ollicial, and ran an follow.s:
f'oitKKiN OnicK, \or< mher 7 , 1^1"
SIH : I t.cj,' Icavn to return yoii iny lieHt thankn for thn surveys of I'li^'ct'.s Soiin.l mi 'i
of tLe (JuU of (ioor^Mii, wliicli aieonipanicd your loiter of the ild instant.
KKl'LV or INK rMl'Kl) STATKS
137
Till' iiilDrmalii'ii ;i> tn soimtliiius (•(nitaiin'il in tlirsr diarts will nu tliiiilil Im' nl mt-at
,..ivin' tn 111!" riimiiiissiKiii'rH who an- to lie a|i|ii)jiiti-il iiinlrr llu- tifaty of tlic I'ldi -h
.liiiii', I'l'i. ''.V assiniiii;; tlinii in tl.lftiiiiiiiii;; wluir llir liiir of iMnmiliiry di'sciiltcit in
ihc lii>t ailirli' ol' llic tii-aly ttti^lit tn run.
I lia\ )' t 'w liiiniii , A I'.,
i'Ai..Mi:i:sT(>N.
(iKoiii.i. ium liui I. i;,s(|., ,v.., .t'(.
licit' is no prrh'tisc utiiii i;^ii(trnii('«' ol tlic cliiimu-l nf lljiro us alVrct-
iiijr ilif iiitrrprcliiliini ol' the tiTiity — lliiil tlii'oiy wiis not staitt'tl
until iilK'i' tin* (Icatli of Sir Itohcrt INtI — hut it ciiliii, wise, iisscnt to tin-
use of tin' liir^-c rliaits of Wilkes in niiinini; the hoiimlaiy. And thi>
assent was \iitnally a eoneessiini that the American inteipretation \va>
[list and trih'. Lord I'alineisloii deeliiu'd all eontro\eis_N ahont the
clianiM'l. He reeei\ed a fornnil, aiithoritati\e statement of the
jjlij line as understood I»y the I'nited States, ami in his •reply made
ito complaint and proposed no otln r int<-i'pretation. 'i'liis note is
liic first ami the last and the <ndy word that the rnited States possess
IroMi Lord I'alinerston nmler his own hand on the siihjeet of the honnd
irv. The eoirespondeih'e lelatili.ulo it is inserted in fnll in
the Appi-ndix. The American minister of that da\ had ^":"'"
\('r.\ nood o]»portiinity to know what was ;;"oin;; forward, and e\rry
iiiotuc to ;;i\e the most coirect information t<t h > (loxciiimeiii.
Ill I>cceinl>er, l.sr»_', l^tnd Aberdeen <'aim' to the head of alf.iiis. The
last (tllicial word of the Amerieans to (Ireat IWitaiii «)n tin* honmlary hatl
liccii that it passes thron;ih the ceider of the channel of Ilaro. At the
iM';;nniinji' of his nnnistry. in the winter of ls."iL'-"."».'), the territoiial Ic-is-
l.itnrc of Ore^^on im'linled the whole ol° the archipela;;() of llaii» in om*
(•I its counties. Had liOid Abeideen been dissatislied with the state of
the ijucstion, he. who ijia<le the treaty and now had retiirne(l to powei'.
was iionnd to ha\ e taken t his sid)jeet earm>stly in hand : but he remained
>il('iii. made no excuses that he had dranyhted the treaty in i;4iioranee.
iiiid entered no counter jtretension to the Amer"can view.
Tiie adnii!iistialion wliich. in I'ebriiarN, is."i."», sueeeedetl that of Loid
Alicnlet ■
Ml, wi'.s one o\er which the Hudson's 1 Jay Company cxcrciset
•ai inllin'iM-e, The process of cohnii/ation demandeil asettlcim'iit ol
.v'(|Ue.stion ol jurisdiction — the more so, as the l!rilish ( ioNcrnnu'iit liail
iia<l«'a j,'raiit ef the island of \'am-onver to that coini»any. Acc(udin;ily,
11 is.'ii; the two (lovernmeiits ajurced to send out commissioners to mark
ii.. i; <• 1 1
:,!cal in
lilt
111
i
lilt' line of boiimlarv
Ml' line III llllll IllliU _\ .
The I'nitetl Slates, in perfect ;i"ood faith, ;;ave their eoinmissioner full
•oweis, ami eommiiiMcatetl his instructions iini'eservcdiy to the Jbitish
'itvernment. The III itish ( io\«'i iiment ^ave its ctunmissioiu'r tisteiisible
iisliiictions, vihich were rcatlilv commniiicatetl to the I'liitetl States.
lilt lettered jiim by adilitional tmes, which were kept secret, ami ol
which the I'nitetl Stales repeatetlly but \ainly stdieitetl a et)p\.
i'i*'| 'until, stnne years lalei-. l-tntl .Malmesbnr\, in the ministry ol
Loi«l J)erbv, became once more; Seeretar\ tif State for rt)rei;;n
AlVaiis.
toiiltl the HntlstdTs l!ay Ctnnpan.N obtain possessitm of the island tif
'*^i>!i ,liian, they wonltl have exeliisixt' possession »>f the best chantie!,
iiiid tif the only safe one in time of war. No Ilritisli authority in (ireat
Britain or in Vanet)iiver »'xi>ressed any desire for the so callcil K'osarit*
jliannel, on which the Urilish Case nt)w atlecls to lay '» mneh stress.
The nieiubers of Her JJritannie IMajesty's (Jovernment uid not proteml
iiiiitniy tlu'insi'lvestou ri};ht It) it "as the <'hannel indieated by the wtntls
of the treaty," but, yielding; to tin- importunity of tlio inlliu'iitiul f^overn-
iiioiit of Vaneonvor, tlicy were willing; to hazard an experimental attemi»t
la.s
NOIMIIW r.>r WAir.lv' ISnlNliAUV AliliirKA I ION.
to piiii till' isliiml <tl" Siiii .liiiiii. To iu-coiiiiilisli this «'ii(I, tin' I'.' t,
rdiiiniissioiwi' rcccivtMl tin- tdllow iiij; sccict iiistiii'*tit»ii :
ir llir roiiiinix.ioii. 1 lit' till' I iiilnl M.ilf^ will iii>l iidctiit t'lr liin- alnn^ i;(i>,ai'i.i Str;i
and it', on a <li lail.il and acnirali' "•iirvf; . and on \vi'i;;liin;; llic cvii ,ii
Mw""'' ^ "' '''' •'" '"'•'' ""idc-; III Ilir iiucxliiin. \i>u sliiMild I"' i-f iipiii inn lliat the (•laiiii>
Her Ma.ji'Stv's (Jom iiinirnl In cnh^iilrr ilii^aiio Sliail as tin- i |i;iit|,,
lUtliciitcd )iy tlif Winds nl ilir liratv catnnit Wr sniisianiiaii d. \tMi \M>uld lir al lili. r
' ti» ndopt iiiiv Mill. If inli'iinrdialf rliaiin* I wliiili vnn nia.v disioMi, nn s\ liii li thr In i
Stiitfs coniinissitiiiiT and yiiMistir may a>4n'»' as siil)-.lanliall> in arcmdani .■ wnl :'
ili'sci int ion III' llii' tiialy.
A<'cnr(liii;i t(t liis caimnissimi. ntnl iiccoidinu' tn Iiis ostnisildc iiisini,
lions, ( 'ii|d!iiii I'rcvosi was a coiimiissioiicr, ami no iiioic tliaii a co';
inissioncr. to niaiU the Itonndaiy liiif accordiii;:' i(» llic iicatN id I>h
lull l»v his sfcri'i instnictioiis. wliirli lie rcsoliiic!\ icliisrd to romiiui;
rati'. In* Nvas in tail a pit iii|iol(ntiar\ a|t|>oiiit<'d to iicnoiiatc lor.i cli.iiiii
wJMcli slioiild talvf tin- i.>land of San .hiaii iVoin tlit' I'nitrd Stair
i;]l| "It niiist he lioriir ill mind that ('a|dain I'rrvost had aiilhoinv
to ol'tiT a (•omitroiiii>i' only on tilt' romlititai that, alter imtshhij
rxaini nation and tin- \\i'i;^hin;i of cn idcncc on Indli sides of the (|iie>tiiMi.
lie "wlnaild 1k' of opinion that the elaims of Her .Majesi\'s (ioveniimii
ro consider Itosaiio Sti'aif as the ehaiiiiel indicated l»,v the \vor<ls (d ili-
;reat\ cannot he snhstanl iated." After ha\ in;i' lte«'n li\e months witiiii
the struits of Fii(;a, and alter haviiij; \ critied and appioved the at'ciiiai
of the Tiiited States ( davt Siir\ey chart of the channels and islaii'l-
between N'ancoiiver Island and the coiilineiit. and aft«'r eoiismtiii;^ i >
^r-n'M.j N.. rii, adopt it tor t he piiiposi' of determining' the ln)iindaiy liMe. In
'""'■' pKipoM'd such a comproinise as would liaNc left t<» th
rnitetl States tlic socalleil Kosaiin Straits and c\ cry island in theaiii
liehip) except San .liian.
Th*! commissioner of the I'liited States. Mr. Anhihald ( 'aiiipiicli
Api-.i.a,. N... 73, di\iiicd the character of the secret instructions under wlii(!i
... lio, I. .vti. (apiain I'rcNost was acting;, adhered with intcUi.^eiice :um!
npri^htiiess to his duty as commissioner, and ••(U'cliiieil to accede l^' ,i^
c<»mpromise.*'
Captain rrc\i»st, the r.ritish commissioner, who, Ity his <d'li i «\
compromise, liad n. needed that the I'.iitish claim to the so-called 11"
sario straits "cannot Ire siilistantiated," strii.u;4h'd hard to rccovti
llu! positidii of a zealous champion of the ri;;ht of (ireat I'.i'
;dn lo that channel. lint lor this he had ilritted too far, ;ii
!ie was too honest to succeed. As an inteipreter of the tr«'at\ < ,l
, , . tain I'revost writes very coricctlv: "The channel im i
tioMed sJKtnld possess three characteristics: 1, It shniinl
sei)arate the continent Irom Nanconver's Island ; :.'. It shonhl admiMii
the Itonndary line heiim carried thioiijudi the middle »d" it in a sontlini
direction: .!. It shonhll.e a iiavi^altie » lianncl." lie adds: '• It is rca<lilv
admitti'd that tlie ('ana! de Air(» is a naxi^alile channel, and therctnn
answers to one characteristic of the channel of the treaty,"
[J-j *'i"hi> admission, wriltiii Irom on Itoard a ship anchoii'd w itiiiii
ijihtofthe llaio channel, is conclusive as to the lirst point. A
to hi; ' ' ■ ■ •■■ ■ ■ ■
ui^iii, ,.1 111. iiiiii) I iiiiiiiM'i, i.-x I I Mil Mi^i \ f i\n HP tin- ill .'<i |i«>iiii. •'
his second cliaracteristic, a ;;lanec at the map will show the Impcii;;
^ Arliitralor that tin' line which is drawn due .south from ili
middle (»f the channel on the jiarallcl of lH , strike- t!'
channel of llaio, and leaves the so-called liosario far to the east.
As to Captain Prevost's remaining- characteristic, the Cnited St.i;^
Apr..i..i« N.,. ru. a;;ain cite his testimtm\, for he writes: "The canal de II. n
*••"*'■■"*' is the channel .separatiiiij Vtineoiivei's Island frimi the •oi
Ki:ri.Y OF Tin: unitki* maiks
Ki;ri.Y OF Tin: unitki* maiks. 13:)
lilt." To 1m' sine lu'iMlds. it "ciimidl Itc tlif clianiicl wliiiUi sc|i;iviit«'x
• roiitiiiciit IVoiii \ aiicittiNci' Islaiitl." lint 111 thai ;;ruiiiul no aiicliur
I tioltl. It is as ir our were to own, that in hilitinh- ."■(.". 1(»', St.
urge's channel scpaiatcs Iiclainl Ironi lln^^lantl. and _\i't in>ist thai
^land is srparalt'd I'lutii litland l)\ the strait of Mt-nai.
ill ,lannar,\ , is IS, dm in;; the ailniinistial ion of which Lord .lohn 1'kI{>.'
I, tiow Mail liiisscll, was the chirr, the lUitish niinistcial
. I. ;.....«.... ♦:...;. II, i i c : ... i vii»n' . s. n.
tilU
•!l.T
,111
• tcnr^'c
i'.ii
it'iico HI l'ai;:;hiiid did lie ever lieaf snch dillerencc ol interprctatnjn
itiilinted liy any one lo either of the two.
.\nd, in IS."»M, j.oid .Mierdeeii is appeah'd to by Lord .lohn Kus.sell tor
lie aid «><■).)]'•; Jj'stiinony. l'nhap|tilN there exists no written x,,,.„,, s -,
uiswer of his own to the <piestions put to him; l»nt only a '' '" "'
vt'iy short report of the iiilei\iew l»y L(»rd .lohn L'nssell. .\ccoi'dinj; to
liar repoit. Lord .Aberdeen did not deny that he used the name »»! llic
•iiiial de llaro with .Mi'. >LicLane, tli<ni;Lih he had no recolU'ctmn of ha\-
nirdone .so. Now, nothing;- is nmre likely than that the words uttered m
"I vcrsation thiiteeii \eais liefoie, ini;:ld lia\ e dro]tpe(l iVoiii Ins nieiii
•n : and a;;ainst this lailme ol nieinory is to lie w»'i;;hed the dispatch
't Mr. MacLaiM', w ritten at the nninieiit of ?he conxersatitm. I'.id, as to
lie channel which Lord .\ln'r<leeii had in view, he is represeiiled as de
lariii;; that he knew none (»tlier than tint "deserihed in the troaty
"S'lf." Now, the c'lannel desciilied in the treaty, and in LokI Aber
Iccirs instriiclions to Mr. Pakt'iiham. is, as we have seen, no othei- than
H' canal de llaro.
Ii<'ft witluMit support by FiOi'd .Mierdeen, the r.iitish Forci;,Mi <>lUc(^
'•ii;,dit forward, as its witness. Sir L'ichard rakeiiham. wiio. with .Mr,
IWichanan, si;;neil the boundary ticat.x of .lime, ls|(i.
•>4| in that same year, \vhili« evi'iythinj;' was still fresh in *ineniory,
•Mr. Ihichanan lia«l r»'c(mle«l his interpretation of the treaty in an
'iNtruclion to .Mr. Uain-rott, the Aiaerican minister at London, who, as
IS (ollcayne in Wasliiii<;ton, had taken part in its negotiation, and
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140
NORTHWEST WATER HOUNDARY ARBITRATION.
\ |)pem!i.v Ni
knew every step of its progress. An instruction written under sudi
xppfMiu N.,. .-,1 circumstances is the portraiture of the inmost mind of its
„.x), 1. 3-. author. "It is not probable," wrote Mr. Buch.anan, "that
any claim will be seriously preferred on the part of Her Britannic ]\Inj
esty's Government to any island lying to the eastward of the Caiial ot
Arro, as marked in Captain Wilkes's 'map of the Oregon Territory.'"
Of the testimony, given more than twelve years later by iSir Eichard
Aprnni.x No, r.i. Pakenham, every word, as far as communicated to the United
"" "- "^ States, is presented in the Appendix. It has no date, but
A\ as communicated to the United States in the year 1859. Captain Pre-
vost, in his final letter to Mr. Campbell, the American commissioner, ot
November 24, 1857, had written : " I will at once frankly
state how far I am willing to concede, but bej'ond what I
iiow offer I can no further go. * * * j j|,j^ willing to regard
the space above described [that is, the space between the continent and
Vancouver Island, south of 49°] as one channel, having so many differ-
ent passages through it, and I will agree to a boundary line being run
through the 'middle' of it, in so far as islands will permit." This is the
lead which Sir Richard Pakenham followed. He who signed the treaty
on the British side declared positively, as his interpretation of it, that
the so-called straits of Rosario are not the channel intended by the
treaty; and we must hold the British Government to this confession, as
it received its official approbation.
It is true he also denied the straits of Ilaro to be the channel of the
treaty, using these words :
Tbc Earl of Abcitlecn, in bis tiiial instructious, dated IHtb May, 1846, says notliini;
■whatever aljout the Canal de Ilaro, but, on the contrary, desires tbat the liiu
[il.')] inijrlit be drawn " in a sontbcrly 'direction through the center of King GeorgtV
Sound and the Straits of Fuca to the Paeilic Ocean."
Now why was Sir Richard Pakenham introduced to give testimony a>
to the instruction which he received from Lord Aberdeen .'
murZ'Vn.ixv^M. Thc histructiou itself was in the Foreign Office, and was
the best authority on the subject, and would have given tlie
whole truth. Sir Richard Pakenham in his testimony leaves out the
most important words of his final instructions. Lord Aberdeen, it is
true, did not name in them the channel of Haro by name, but so far
from writing anything to "the contrary," he defined it exactly, when, in
those same " final instructions," he describes the channel of the treaty
as the channel "leaving the whole of Vancouv^er Island, with its ports
and harbors, in the possession of Great Britain."
The final interpretation of the treaty by Sir Richard Pakenham runs
as follows :
The conditions of the treaty, according to their liberal tenor, would require thc line
to i>e traced along the niiddle of the channel, meaning, I presume, the whole iuterveu
ing space whicJi separates the continent from Vancouver Island.
Thus Mr. Pakenham, the British signer of the treaty, adopting the
theory first communicated to the United States by Captain Prevo.sr
eleven years after the treaty was ratified, rejects entirely the channel of
the so-called Rosario as the channel of the treaty. The question now
is not between the so-called Rosario and some channel intermediate be
tween it and that of Haro. It is whether the claims of the United
States to the Haro, or those of Great Britain to the so-called Rosario,
are more in accordance with the true interpretation of the treaty. The
instructions to Captain Prevost show that the British Government had
no confidence in the so-called Rosario as being the treaty channel ; the
REPLY OF THE UNITED STATES.
141
anncl of tlic
ieuliam riius
A|,l.oii,l,x .N". r.!,
P. 1 1-.'.
testimony of Sir Eicliard Pakeuham is that the British go\ ernmeut at
the time of negotiating the treaty did not intend the so-called
\:]Ct] r»osario *as the channel, while the words which he suppressed
from Lord Aberdeen's final instructions prove the channel of the
treaty to be the canal de llaro. Adopting the tlieory of Captain Prevost
and Sir ]tichard Pakeidiani, Lord John liussell somewhat peremptorily
demanded of the United States the acceptance of that theory, and in
all instruction which the ]>ritish minister at Washington was directed
to coujmunicate to the United States, he wrote:
The adoption of tlio ceiitnil flianiiel -vvonld H'ive to Great IJiitaiii tlie island of !!^an
liiaii, wliieli is believed to be of little or no value to the United States,
while mnch inij)ortance is attached by IJritish colonial anthorities, and
liv Her ilajoHty's government, to its retention as a dependency of the
ciilony of Vancouver's Island.
ller Majesty's Government must, therefore, nmh'r any circnmstances, maintain the
iii;ht of the liritish Crown to the island of San Jnaii. The inteicsts at stake in con-
iiiL'tion with the retention of that island are too important to admit of compromise,
,iiitl your lordship will conse(|nently hear in mind that whatever arrangement as to
the boundary line is tiually arrived at, no settlement of tin; ([nestion will lie aecei)ted
liv Her Majesty's government which does not provide for the island of San Juan being
itserved for tlio British Crown.
To this naked and even menacing demand the American Government
made the only fitting reply ; and certainlj- the Imperial Arbitrator will
not give an award to Great Britain, because the Vancouver colonial au-
thorities and Her Mjijesty's Government covet the possession of San
Juan.
When the attention of the British Secretary of State was calleil to
the absoluteness and to the motives of this communication,
lie answered :
A|i|i.-ii.liv N.I
1'. nr, I. 17 1'-j.
Her Majesty's Government were by inii)licatiou abandoning a large- part of the terri-
tory they had claimed, and wert; merely insisting on the retention of an island
[:!7] which, from the peculiarity of *its situation, it was imi»ossible for Her Majesty's
Government to cede, without compromisnig interests of the gravest importance.
Lord John Russell acknowledged the necessity of suppoiting his pre-
tensions by bringing them into agreement with the words of
Aim.!-!,
p. U^, I,
,liv Nil
4 J-.'.
'be treaty; and therefore, giving up the channel of the so-
called Rosario, he entered into an argument in favor of the channel
called on the United States Coast Survey "the San Juan Channel," on
the British Admiralty chart "Douglas Channel," as the channel of the
treaty.
In other words, he interpreted the treaty simply as giving the island
of San Juan to the British, by which they would gain tlie exclusive
possession of the Haro channel.
A conclusion is thus made very easy. Captain Prevost, Sir Richard
Pakenham, and Lord John Russell unite in renouncing any treaty right
to the so-called Rosario channel, and unite in the opinion that the
Douglas Channel has a better right to be regarded as the channel of
the treaty than the so-called Rosario. There is no escape from this
cumulated evidence thus furnished by the British Government : first, in
the instructions of Lord Aberdeen to Mr. Pakenham ; second, in Mr.
Takenham's declaration of the meaning of the British Government at
the time the treaty was negotiated ; third, in the instructions to Cap-
tain I'revost ; and fourth, in the statements of Lord John Russell, that
the so-called Rosario strait was not the channel through which, in the
interpretation of the British Government, the boundary line was to be
lUD. It further shows that up to the date of the instructions to Cap-
,M.i
142
NORTHWEST WATER BOUNDARY ARBITRATION.
\.\.\VI. Pr.ilnripl
(il ■ •.nh-rrii. .• hi-
Iwefii Ific IiirI) i'omi-
lrii'*siiii;.T^, jit W'a.-ti*
tain Prevost in 185G, tlie ]ji'itish (loverniuent hail never snggested any
other than the Ilaro and the so-called llosario channel. Their own ovi
dence, excluding the IJosario straits tVoin their co'ntcmplation at tlie
date of the treaty, leaves the Ilaro as the only possible channel wjtliiu
the contemplation of either party, and the only one in accordance with
the true interpretation of tl>e treaty.
[38J *One more effort was made for the settlement of the question
by the two Governments. On the 15th day of March, 1871,
the commissioners on the part of the United States and
the commissioners on the part of Great Britain, in a con
ference at Washington took up the northwestern boundarv
question, and when no agreement could be arrived at respecting the
proi)cr interpretation of the treaty of June, 1810, the American com
niissioners exi)ressed their readiness to abrogate tlie whole of that part
of the treaty of 184G, and rearrange the boundary line which was in
dispute before that treaty was concluded. At the conference on the
20th of March, 1871, the British commissioners declined the proposal.
On the 19th of April the British commissioners, willing to renounce
all claim to the so-called Eosario, renewed the offer of the line wliicli
liad before been pressed by Captain Prevost, and maintained as the line
of the treaty by Sir Eichard Pakenham and by Lord John Russell. The
American commissioners on the instant declined to entertain the pro
posal, and the British commissioners could not consent to regard the
channel of Ilaro as the boundary, "except after a fair decision by an
impartial arbitrator."
m
IV.— INTERPRETATION OF THE TREATY OF 184G.
The United States have already asked Your Majesty's attention to
rules of international law^ applicable to the interpretation of the treaty
submitted for arbitration.
They agree with the British Govei'nment, that "the words of a treaty
are to be taken to be used in the sense in which they were
i!,,i-h( U.O.I, 14, (3Q„),^^oi2]y ^|gg(i r^^ i]^Q time when the treaty was entered
into," and ask Your Majesty to interpret the words "Puca's straits"
according to the usage established by all the maps and reports prior
to 1810.
|ol>| *They further agree that " treaties are to be iutci'preted in a la
vorable rather than an odious sense ;" but they did not in their
Memorial invoke this rule, though it so decisively confirm.^
their rights, because they had no fear that the German Em
peror could give to the convention an odious interpretation. Since,
however, this rule of interpretation has been brought forward by the
government of Her Britannic Majesty, the United States must explain
the immeasurably odious nature of the interpretation w^hich the British
government desires I'^our Majesty to adoi)t.
The United States, in signing the treaty of 1840, had in view pernia
nent relations of amity with Great Britain, and therefore dealt with it
generously in the treaty, that there might remain to that power no mo
five for discontent or cupidity. When they consented that Great Brit-
ain should hold the southern cape of Vancouver Island, they knew that
the harbor of that cape was the very best on the Pacific, from San Fran
Cisco to the far north. The tJnited States took also into consideration
that Great Britain needed to share, find had a right to expect to share iu
the best line of communication with its possessions to the north.
A ship using the so-called liosario strait may be exposed to cauuou
REPLY OF TIIK T'XITED STATES.
143
Map ().
shot, not only as it enters that strait, but nearly all the way as it sails
throus'li it. One IJritish INIinistry after another lias shown that it set
1)0 value upon it whatever, and has represented that it was not eonteni-
phited by treaty as a boundary, aiul has used the elaim to it oidy as a
means ot* driving the Uuited {States into a surreiuler of the island of
Siin Juan.
A shij), as both parties agree, can enter the channel of Ilaro and not
W under any necessity of passing within territorial waters on either
side of the central line.
This passage by the Ilaro cliannel to the British possessions
[40] north of 40°, is the shortest, the most convenient, *the best, and the
only perfectly safe one, alike in ])eace and in war. Of this chan-
nel, the United States by the treaty of 184G concede the joint possession
to the British, but they concede it with circumstances of peculiar gen-
erosity, or rather niagnanimit}'. In passing from the lower part of the
liaro channel to the upper interior waters, they allow to Oreat J>ritain
equal rights with themselves to pass through the Haro channel to
the true Kosario of the Spaniards, the British gulf of (leorgia.
Tluis far the United States reserve to themselves no advantage
over the English. They go farther. There are two other channels
connecting the straits of Ilaro with the upper waters; one
of tbem a little above 40°, at the Portier pass ; the other
below 40°, through Swanson channel and Active pass. As to both of
these, the Uuited States leave to the British the exclusive possession of
the islands on each side. This is a great concession, far outweighing in
value any advantage the Americans may gain in the so-called liosario
straits. The regular track of the British steamers between south Van-
couver and Eraser's river is through the channel of Swanson and Act-
ive pass, a wide, sheltered chainiel, to them the shortest and most con-
venient, never freezing in winter, with water nowhere less than ninety
feet deep, as easy of navigation as any part of the broadest and juost
iiinjjniflcent river in Europe.
To keep all these advantages and to acquire exclusive possession of
the channel of Uaro became the uncontrollable desire, first of the Hud-
son's Bay Company, then of the politicians of Vancouver Idand. The
conduct of the United States merited a better requital.
The demand of the government of Her Britannic Majesty is as con-
trary to every principle of convenience, equity, and comity, as it is to
the intention and the language of the treaty of 1840. To ask the
United States to give up their equal right in the canal de Haro is to ask
them to shut themselves out of their own house. They own the
\i\\ continent *east of these waters to the lake of the Woods, a dis-
tance of 28° of longitude. Is it within the bounds of belief that
they should have given up to Great Britain the exclusive possession of
the best channel, and the only safe channel, by which they could ap-
proach their own vast dominions on the north ? Grant the English
demand, draw the line of boundary through the so-called Rosario chan-
nel, and the Americans would have access to their own immense terri-
tory from the Pacific, only by the good will of the English. Such an
interi)retation of the treaty is so unequal, so partial to Great Britain,
so opposite to the natural rights of the United States, so inconsistent
with the words of the treaty, that the American Government holds
itself deeply aggrieved by the British persistence in demanding an in-
terpretation in so " odious a sense."
I The United States, it may once more be said, had not the intention
to present the subject iu this light to the Iini)erial Arbitrator, for they
pin
144
NORTHWEST WATER BOUNDARY ARIilTRATION.
I ^>
confide entirely in bis Justice. But since ller Majesty's governiiR'nt
apparently assumes that an award in I'avor of the American (lovorn
ment would be " odious," the United (States must not lu^fjlect to iiivitt'
attention to the true aspect of the "ase.
The American (lovernment is the more surprised at this manner ot
presenting the subject by the government of ller JJritannic Majt'sty.
inasmuch as Captain Frcvost, after months cm[)loyed in explorinm tlic
waters, conceded that the British claim to the so-called Kosario Strait
" could not be substantiated," and this oi)inion was formally adopted by
Sir Itichard rakenham and by Lord John liussell ; the latter of wliom
himself declares that he abandoned b^' implication all but the islaiul ot
San Juan.
Another reason why an award in favor *^ ' the so-called llosario as tiie
channel would be odious, is, that it would transfer to the foreign alle};i
ance of (ireat Britain, islands east of San Juan which have lon^
[42J been and are now in the undisputed posses*sion of the Unitod
States. The United States have likewise been virtually in posses-
sion of the island of San Juan ; though each i)arty maintains in it a sinall
garrison. The civil population on that island is thoroughly American.
Out of ninety-six resident niales of twenty-one years of a,i;e
and upward, the number of xVmerican citizens is lifty-six:
the number of those born in Great Britain and Ireland is but twenty
six. Of both sexes and all ages, there are one hundred and seventy
nine Americans and but fifty-two of British nationality on the island ot
San Juan. In the whole archipelago, the American i)opulation num-
bers three hundred and fourteen, the British but ninety. How unsuit-
able it would be, then, to assign to Great Britain islands which have
never been out of the possession of the United States, and which aiv
occupied almost exclusively by their citizens!
The United States do not understand how a controversy could have
arisen on the meaning of the boundary treaty of June 13.
MiunlKWi'miNu. 1840. It will be remenibered that it was they who, in the
' " ''' " " administration of Sir Itobert l*eel, recalled the intiumtion ot
Mr. Iluskisson in ISliO, and suggested that the disputed boundary might
be arranged by just so much detlectiou from the forty-ninth parallel, as
would leave the whole of Vancouver island to Great Britain. For more
than two years, through two successive envoys, they continued to pro
pose this settlement. At length Lord Aberdeen consented to it. The
language of the treaty for carrying out the arrangement came from him.
The United States accepted it in the seuse in which they had suggested
it ; and by all rules for the equitable construction of contracts, Great
Britain ought not now o attach to it a sense different from that in
which Lord Aberdeen must have known that the United States accepted
it. Moreover, before the treaty of June, 184G, was signed, Lord Aber
deen, well knowing by the experience of more than two years that the
United States had proposed as their rltimatissimum, not to divide Van
couver island, instructed the British minister at Washington, that
[43j what England *was to obtain was the channel " leaving tiie whole
of Vancouver's island in the possession of Great Britain." Thus
botli parties had the same object in view ; both parties intended the
same thing and expressed in writing their intentions before the
treaty was signed. The Government of the United States of that day
assented to the treaty of 1846, with the understanding, communicated
in advance to the British Government, that the boundary line was to
deflect from the forty-ninth parallel for the sole purpose of giving the
south of Vancouver Island to Great Britain, so that it was necessarily to
REPLY OF THE UNITED STATES.
145
])as>s tlirougb the canal do Ilaro. The Aineiican Senate accepted it in
that sen.se, and only in that sense. After it had been accej)ted, and
lii'fore the ratifications were exchanged, Sir Robert Peci in tlie House
of Commons announced in memorable words, that Her ^,,, ,^ . , „,,.
Majesty's government had made the contract in the same """"^^^^■^'■■
si'iise Not long afterwards the jjresent agent of the United States in
lliis arbitration, then the i)lenii)otentiary of the United States near the
Court of St. James, otticially called the oHicial attention of J^ord Pal-
merstou to this construction; and from Lord Ualmerston, then the Jirit-
ish Secretary of Foreign Atfairs, who, on the L'tHh of June, lSt(5, bad,
as a jnember of the House of Commons, listened to Sir Robert Feel's
intor])retation of the treaty, and, with the knowledge of this interi)re-
tatioii, had on the same evening welcomed it as honorable to l)oth coun-
tries, the note of the American jdenipotentiary received the acquies-
reiK'O of silence.
Tiie broad and deej) channel of Haro, in its ceaseless ebb and How, is
the ever faithful and iininipeachable interpreter of the treaty. Time
mit of min<l, it formed the patiiway for tlie canoe lieets of the Red jNIen.
Jt is the first channel discovered by Angio-AnuM-icans or Europeans
within the strait of Fuca ; it is the first that was explored aiul surveyed
from side to side; it is the first through which Europeans sailed
\ii] from the Fuca Strait to the waters above the i)arallel *of 49.
And now, in the increase of emigration and trade, it approves
itself as "the channel" of commerce by the unanimous choice of the
sliips of all nations.
Everything favors a peaceful adjudication. Tlie iuHiuMitial and active
Hudson's Bay Company has ceased to exist. The United States have
jiaid them, aiul all other British companies or citizens, for their possess-
ory rights large indemnities, which they themselves and the British
government a(!knowledge to be most ample. The generation of Britons
who reluctantly assumed the unwelcome task of keeiiing the fruitful
region of Northwest America in a wilderness condition, has passed awaj'.
L'luler the genial influence of the United States, cities rise on the stations
of fur-traders, and agriculture supersedes hunting and trapping. This
coiulition of the country facilitates the final recognition of the rights
of the United States, and encourages the belief that an award favorable
to them will be accepted without an emotion of surprise or discontent.
10 D
^■|:
• "'i
* f
[COJ
APPENDIX TO THE REPLY.
No. 51.
CORRESPONDENCi: BETWEEX MR. BANCROFT, MR. BUCHANAN, AND LORD
PALMEKSTON.
Mr. Bancroft io Mr. Buchanan.
London, Noremher 3, 184G.
Sir: * » # * * * *
While in the Xavy Department I caused a traced copy of Wilkes's
dmrt of the Straits of Haro to be made. If not needed in ri»Mrut»mnaro
the Navy Department I request that the President will ti""^''""' '-"""'"J'
direct it to be sent to this Legation. It is intimated to me that ques-
tions may arise with regard to the islands east of that strait. I ask
your authority to meet any such claim at the threshold by the asser-
tion of the central channel of the Straits of Haro as the main channel
intended by the recent treaty of Washington. Some of the islands,
I iiui well informed, are of value.
Very respectfully, &c.,
GEORGE BANCROFT.
lion. James Buchanan,
Secretary of State.
c^
m
Mr. Uiichan.Tn in-
f*tnut^ -Mr. I'jitururt
Hint Hiiro 1^ the
jimtiiiary channt'I.
Mr. Buchanan to Mr. Bancroft.
DEPART3IENT OF STATE,
Washlm/tony December 28, 1840.
S.R: I have obtained from the Navy Department, and
now transmit to you, in accordance with the request con-
tiiiued in your dispatch No. 1, [November 3,] the traced
copy of Wilkes's chart of the Straits of Ihiro. This will enable
[COJ you to act understandingly *upon any question which may here-
after arise between the two governments in respect to the sov-
ereignty of the islands situate between the continent and Vancouver's
Island. It is not probable, however, that any claim of this character
will be seriously preferred on the part of Her Britannic Majesty's govern-
ment to any island lying to the eastward of the Canal of Arro, as nnirked
in Captain Wilkes's " Map of the Oregon Territory." This, I have no
iloubt, is the channel which Lord Aberdeen had in view, when, in a
conversation with Mr. MacLane, about the middle of May last, on the
subject of the resumi)tion of the negotiation for aH amicable settlement
of the Oregon question, his lordship explained the character of the
l>roi)osition he intended to submit through Mr. Pakenham. As under-
stood by Mr. MacLane, and bj^ him communicated to this department in
?'!,
'?■ a
148
NOKTIIWEST WATEK 1K)INI)ARY AUHITUATIOX.
liis dispatch of the IStli of the same month, it was, "First, to dividi.
the territory by the extension of the line on the ])araUel of Mr-' to tlio
sea; that is to say, to the arm of tlie sea called IJirch's Bay; thenco by
the Canal de Ilaro and Straits of Fuca to the ocean," &.c.
1 am, sir, respectfully, your obedient servant,
JAMES BUCHANAN.
CjEokge Bancroft, I'^sq., dr., dr., li-c.
[Inclosure: Chart of the Straits of Juan de Fuca, Pu^et Sound, (Jtc.
r.y the U. S. l^x. Ex., 1841.]
^wm'^
Sir;
Mr. Banvro/t to Mr. Huvhanau.
Lega'iion of the United States,
London, March 'J'J, 1817.
>!r. Bnnrrnji uiirn'
Mr. Itiirhaniin of th<
df^ittnt (d' tlit> Htid
N(»u'f» Hay Coiriitaiiy.
AVhile on this ])oint I ouftlit to add that my attention
has agiiin been called to the i)robable wishes of the lliul
son's Bay Company to get some of the islands on our .side
of the line in the Straits of Fuca. I speak only from my own judgiin'iit
and inductions from what 1 observe and hear ; but it would not .surprise
nie if a formal proposition should soon be made on the i>art of the Brit
ish Goverument to run the line between the two countries at the ^vost
from the point Avhere it ttrst meets the water through the straits to tbe
raciflc Ocean.
Such a proposition is in itself very proper, if there be no ulterior
[61j motive to raise unnecessary doubts and to claim islands *tliiu
are properly ours. The ministry, I believe, has no such design,
Some of its members would be the first to frown on it. But 1 am not
so well assured that the lludson's Bay Company is equally reasonable.
or that on the British side a boundary commissioner might not beap
l)ointed favoring the encroaching propensities of that company. * *
I am, &c.,
GEORGE BANCROFT.
James Buchanan, Esq., rf-c, dc, etc.,
^yaskington City.
Mr. Bancroft to Mr. Buchanan.
Sir:
United States Legation,
London, Augiifit 4, 1818.
Mr. nanrroft
It'rtlt'W ^^lth
ralim'r(*lon.
1.CM.I
The Hudson's Bay Company have been trying to get
a grant of Vancouver's Island. I iiupiired, from mere fu-
riosity, about it. Lord Palmerstou replied that it was an
affair that belonged exclusively to the Colonial Office, and
he did not know the intentions of Lord Grey. He then told me, wliati
had not known before, that he had made a proposition at Washington
for marking the boundaries in the northwest by setting up a landmark
on the point of land where the forty-ninth parallel touches the sea, aiul
for ascertaining the division line in the channel by noting the bearings
of certain objects. I observed that on the main-land a few simple^astro-
miVlA' OF TIIK T'NITKD STATES APPENDIX.
149
iiomical observations were all that were requisite; that the water in the
(liaiiiiel ot llaro did not re«iuire to be divided, sinee the navij;ation was
firo to both parties; th()ii<jfh, of'eonrue, the i.shuids east of the eeiiter of
the eliaiinel of JIaro were ours. He had no };-ood ehart of the Orejjou
waters, and asked me to let hiru see the traced copy of Wiliies's ehart.
He spoke of the propriety of .settling;- definitively the ownership of tluj
several islands, in order that settlements might not be bef;un by on(i
party on what proi)erly belon<;s to the other. On retnrninfi; home I
sent him my traced copy of Wilkes's ehart, with a note, of which 1 in-
close a copy.
1 am, «S:c.,
OKOlKiK I'.ANCPtOFT.
Jamks ]5ucnANAN, Esq.,
lS<Ti-i:tiiry of iStute, Washinyton. 1). V.
(J2I
*.l//'. Bancroft to Lord Palmcrston.
.VNCEOFT.
no Eaton SciUAKE, Jidy 31, 1848.
My Dear Lord : As your lordship desired, I send for your inspection
the traced copy made for me at the Navy Department of Mriia„.rMitwrif,
Wilkes's chart of the Straits of Juan de Fuca, Puget's Sound, II,,! "'iV/r';;'";;;'"!;;:;
lice. Unluckily this copy does not extend (juite so far north >"""'">
as the parallel of 41)0, though it contains the wide entrance into the
Straits of llaro, the channel through the middle of which the boundary
is to be continued. The npi)er jiart of the Straits of IXaro is laid down,
thouffh not on a large scale, in Wilkes's mai) of the Oregon Territory,
of which, 1 am sorry to say, 1 have not a copy, but which may be found
ill the atlas to the narrative of the United States Exploring Expedition.
I remain, mv dear lord, very faithtully, vours,
(lEOKliE DAXCKOFT.
Viscount Talmerston, ilr., dr.
Mr. Bancroft to Mr. Buchanan.
United States Legation,
London, October 11), 1848.
Si I! : 1 send you a map of Vancouver's Island, recently published by
Jiiiiies Wyld, geographer to the Queen. Jt [uiri)orts to mark, „,. ii„,n..t ,,.„■
liy a (lotted line, the boundary between the IFnited States 'Zr'ni^^T'i^uIZ
and Great ]>ritain. You will see that this map suggests an ""> i- ■....!,■.
t'licioachment on our rights by adopting a line far to the east of the
Straits of llaro. You may remember that ^Ir. lioyd, more tlian two
years ago, suggested to you that a design of i)referring some siuih claims
existed, 1 infe>'red, from what I couhl learn at that time, that this de-
sign grew up with the Hudson's Bay Company, and I iia<l no reason to
siq»pose it favored by the Colonial Secretary. # # #
1 am, &c.,
GEOKGE DANCliOFT.
Ja^mes Buchanan, Esq.,
^Secretary of IStatc, Wafiliinyton, L\ C.
w
150
NOKTllWKST WATER IIOUNUAUY AUHITKATION.
[03]
*Mr. lianvrol't to Lot 4 Valmerston,
108 Katon H(,>UAUE, JS'oi'cwicr .{, iSls.
My Loud : I did not for/^et your loi'<l.slni»'s desire to see the United
Mr. ii.n ron nit, ^tsiles wuiveyH of the waters of ru};«'t's Hound and tlidsc
V;,\nlr''ln'M''ih,,I '.'h'.l di\ iding \'ancouver'.s Island from our territory.
l'hn,Vii!ili!^.mMM'l.'ni These surveys luivo been reduced, and have Just hccn
"" «''"""""' "'r' pnblislied in threti ])arts, and I transmit for your ionlsliips
acceptance the lirst copy which 1 have received.
The surveys extend to the line of 41P, and by combining two of tlic
charts your lordship will readily trace the whole course of the channel
of J laro, through tlie middle of which our boundary line i)asses. 1
think you will esteem the work done in a manner very creditable to tlic
young navy ollicers cf)ncerned in it.
J have the honor, &c.,
<;k()1{(;h jja>xi{oft.
Viscount PAL:\iEit.STON, tic., Ac.
Lord Palmcrston to Mr. liaucro/f.
Foreign Office, Xovemhcr 7, 184s.
Sir : I beg leave to return you my best thanks for the surveys of Tii
i.or.i r»i,uir.t„n gct's JSouud aucl of the (Julf of (.leorgia, which accompanieil
PIVIM I 111' ill l|IUl'-<- 1 1 . 1' il •-> 1 • i. i.
,,„ieni»ii,.,i,,.,„iiii. your letter ot the .)d instant.
I'.'iln'iMr'y.'"" ""' '" Tlic infomuitii.u as to soundings contained in these cliaits
will no doubt be of great service to the (jommissioners who are to be up
l)ointed under the treaty of the l.jth of June, 1840, l)y assisting them in
tletermining where the line of boundary describe(l in the lirst article of
that treaty ought to run.
1 have the honor to be, with high consideration, sir, &:c.,
rAL.^IEKSTON.
George 13aN('Roft, Esq., ttc, etc., ilc.
[04]
•li
*:So. 52.
3Ir. Bancroft to Mr. CamiibcU.
Sir;
Mr. IJ.Tiirrnf! rt'^Th
Mr. Catiiplifll til hi«
»■ irrfvp-'ruienie wiih
L >rd I'ahuer.ston.
of Oregon.
New York, June 15, ISoS.
Your letter of May 27^has but just reached me, in consequence
of my absence from home on a long journey.
I was in the administration of Mv. Polk at the time when
INIr. Buchanan perfected the treaty for settling the boundary
The basis of the settlement v^'as the parallel of 49°, with the
concession to Britain of that part of Vancouver's Island which lies soiitli
of 4!)°. The United States held that both parties had a right to the free
navigation of the waters round Vancouver's Island, and therefore
consented that the British boundary should extend to the center of 'he
Channel of Haro. Such was the understanding of everj'body at the
time of consummating the treaty in England and at Washington. The
Hudson's Bay Company may naturally enough covet the group ot
•i!m.
..^*v.?a8fiv
REPLY OF THK UNITED STATE8 — AI'PEN'MX.
151
iNCKOFT.
isliiiitis cast of tliat channel, but tlio dosiio, whicli nevor can amount to
a claim, shouhl not \w listcncil to tor a monu'iit.
While 1 was ii' lOnfjland no minister was preposterous enou<,'li to leiul
tho authority of the JJritish {jovernment totiie eiipidi'^y of llie Hudson's
IJiiy Company in this particular. I think you must find in the J)('part-
iiioiit of tStato 51 co[)y of a very short letter of mine to liord Palmer-
stoii, indosinj? him a «;hart of those waters as drawn l»y our own Ooast
Survey. 1 think in that letter 1 mentioned the (ienter of the Stiaits of
Iliuo lis the boundary. TUat chart wtudd show by tin* depths of the
>oiuidiu<;s that the Straits of llaro are tlu^ channel intended in the
tiviity, even if there had not been a distiiutt understandin;;' on the part
(if tlie Ib'itisli f>-overnment as well as tlu' American at tlu' time of the
si;;iiin{; of tlie treaty. Lord I'almerston, in his reply acknowledf,nn;i-
the receipt of the cliart, nnuh^ no ju'etense of adoptinjj the wishes of
the Hudson's IJay Company^ an<l he never did so, even in conversation.
I never had occasi«)n in Jin;>Iand to make any i>ereniptory stat«Miient on
ilic subject, because nothinj4' was ever said or hinted there which re-
i|iiire(l it; but whenever conversation turned npou the subject, whether
with Lord ralmeiston oi with the Under Secictary of the Colonial
[05] Otlice, *1 always sjxike of the Strait of llaro as undeniably the
channel of the the treaty, and no member of the I'r'^ish govern
inoiit ever took issue with me. In runniny the line throng: h the cente'r
(if tlie Straits of llaro there may be one or two small islands about
which a question might be raised, but as to the importiuit group that
the Hudson's liay Company covet, the demand, if ma'l- , should be met
;it the outset as one too preposterous to be entertained as a 'luestion.
Yours, siiM'f^ji'ly,
GEOllGE r.ANCKOFT.
AllCIIILALD CAMI'IJKLL, Ks(|.,
CommiHswner, d'c.
No. o3.
I conseqnouce
Declaration of Itcar-Admiral Wilkes.
Washington Citv, Fchruart/ JO, 1S72.
In answer to the memoraiulum on the llaro question, I have to state
that 1 have a full knowledge of the Islands and waters
lying between the Straits of Fuca and tiie Crulf of (Georgia, \v'ik.''M,nt'ci.-in'
having surveyed the whole whilst 1 was in command of the '"'"' """
L'nited otates exploring expedition, and 1 state of my own knowledge
that the Canal de llaro is the best and shortest route between the same.
The dei)th of water is very great and all obstructions to the navigation
of the Canal de llaro are visible. Indeed it nniy l»e said to be an aim
of the sea passing from the Straits of Fuca to the Crulf of Georgia and
separating the Island of Vancouver from the main or continent of
America, comprising now the Territory of Washington, and it is the
natural communication between the Gulf of Georgia and Fuca Straits,
leading or trending north and south, and has now become ihe great
highway of commerce, between Victoria, on the Island of Vancouver,
ami the Fraser's river, a few miles uorth of the forty-ninth parallel, the
houiidary of the United States and the Northwest British America. The
strait of Haro may be navigated at all times, day or night, with i)erfect
m
TTTTfWf"'"
152
NORTHWEST WATER BOUNDARY ARBITRATION.
I' fl
fu
safety, and nature has conferred upon it all that couhl be desired to be
a well-defined national highway, between the island of Vancouver and
the smaller and intricate passages through the small archipelago iyiiifr
on its eastern side, which all are more or less intricate, narrow in places
to a few hundred yards, and with very rapid tides. One of tiiesc
[60J passages *lyingon the east of this small archipelago was nauicd
by me as llinggoiJ Channel, but at times' called the Kosario
Strait; its width does not entitle it to the name of a strait, and with its
many and dangerous islets, rocks, and shoals, it is a very unsafe and
difficult channel to navigate even in the daytime, and impossible with any
assurance of safety iu tlie night time. It cannot be compared with the
Strait of Haro in any point of view, and can only be used by small vessels
seeking anchorage in the event of disaster, and bad or boisterous
weather. While the Strait of Haro affords like facilities for anchoraK(!
under the islands on the east side, it may be safely navigated, and
attbrds ample protection in its sea-room for the largest class of vessels.
The Strait of Haro, though known at the time of my survey in 18H,
it was not visited, as there were no vessels engaged in those waters,
except the small aiul very inefficient steamer called the Beaver, com
manded by Captain McNeil, who spoke of it to me as the best passage,
although he was obliged to pass through the Kosario passage on account
of the necessity of seeking the small coves at night in ))assing aloni;
the east shore towards Fraser's river to supply the Post of the Hudson's
Bay Company, and this was only achieveil twice a year.
All the vessels now engaged in the trade from Victoria to Frasei's
river andtheGulf of Georgia, invariably pass through the liaro Straits,
which verifies my opinion when 1 first surveyed it that it would become
the great and only highway between the Straits of Fuca and the Gulf
of Georgiii, and such it lias now become. I consider that in the
treaty between the British government and the United States there is
no other passage that could be considered as adapted to the terms ol
the treaty, and both parties to that instrument must have been of like
views in relation to it. All the charts used as information show the
same broad channel and superiority of the Gulf of Ilaro over any other
line to the sea, and there can scarcely be a doubt that it was so under
stood bv the (.'oniniis.sioneis of both sides,
CHARLES \vn.Ki:s,
RturAdmlrnl of the Uniti'd states V«n/.
[G7] *X(.. .-[.
Co)itiii(nlvrr Case to (he tSccrchtri/ of flic Xaci/.
Sir:
Strttcmf'iit ct CiiTi
IIIOiliMc Cri-i' Ml tl
liimil de Ilaro.
r,ri;F,.\r of ()iji).\an< k, Xavv Diu'Aimmfa'T,
Fchnianj 1."., l.STl'.
* * # # # * ,*
I was a Lieutenant on board of the slooi>-or-\viir
" Mnceniies,"'' attiU'lied to the United States expedition
commanded by Lieutenant Charles Wilkes, and on«> of the
surveying party in July, 1841, whi(di surveyed the canal de Haro, the
nuun ship-channel for vessels bound from the sea northward inside ot
Vancouver's Island, for the Strait of Georgia, Fraser's Iliver, &(!.
The canal is <leep, clear, and navigable tor vessels of all sizes or
draught.
REPLY OF THE UNITED STATES APPENDIX.
153
While we were engaged in the survey of the Straits of Juan <le Fuca
iiiid its adjacent waters, the only vessel then navigating them was the
Hudson Bay Company's steamer Beaver, which was employed by it
supplying stores to, and collecting peltry from, its tr.ading-ports on the
coast, and which, I am of the opinion, use<l either the canal «le Ifaro, or
Straits of llosario channels according as to where she was coming from
and bonnd to.
When coming from the sea and bound north for the straits of Georgia,
Fraser's river, or any ])lace inside of and adjacent to Vancouver's Island,
the main sbip-channel is the Canal de Uaro, it being the nearest and
most direct. But when coasting along the main-land and bound north,
from any of the ports in Puget's sound. Hood's canal, &c., for the
strait of Georgia, Fraser's Kiver, «S:c., the straits of Kosario would bo
tbe nearest and most direct. * * # * » * »
II. LUDLOW CASE, U. S. A.,
Commodore and Chief of Bureau.
No.
ih).
Mr. GihhH to the Secretary of State.
Statiiii'iil
■:iW (ill.l..
<iiiuil cli- Mill'
Hi- Mr.
..I, 111..
77 Wall Street, New Haven,
February L'O, 1S72.
f^i^i . # # * # # #
The superior depth and width of the Canal de Haro are
tally exhibited not oidy on \Vilkes"s Charts, but on those ';■
of our own Coast Survey, and I presume on those
fOSj of the British Commission *nn the boundary. It would bo there-
fore useless to add any merely verbal statement as to that fact.
The reason for A''ancouver''s not surveying it was, that his object being
ro tiiid a passage to the eastward, he hugged the main shore on return-
ing from the examination of Admiralty Iidet and l*uget's Sound, and
tlius wont northwaid through what is now called llosario Strait;
hut that it Avas known to him from the charts of (Juadra is evident
I'loni his having laid it down on his chart by the name of the canal d(^
•' Arro," and his delineation of the whole grou}) of the disputed islands.
The reason that (Jovernor Siiniison, in his voyage from Xiscpially to
Sitka, (Overland .Journey lioniKl the World, during tlu^ .Acars LSI] and
IS I'J, by Sir George Simpson,) took the same imssage, was doubtless
lu'causc, liowi'ver roundabout tVoni the Strait of I-'nca, it is llie most
iliicct ti'oin Admiralty In'ct. The |)retens(^ that Ilic Hudson Bay Com-
pany was unaware of tlii^ existenci' of tlie Canal de llaro is as absurd as
it Would be, were llie inhabitants of Ibftoklyn to ij^noie the ]>assage
hctwciMi I^oiig and Stafcu Islands, and claiiu the Kill \vn Kull as tlie
outlet of the Sound and Hudson Ifiver to the sea. * * *
It apiicars fi'»m Mr. If. M. 3Iartin's work on '-The Hudson's Hay Tcr-
I'itorii's iuid Vancouver Island, London, l.S41>,'' pagi' .'».■>, that " the Chief
I'actor"' |sin(;e Governor Sir ./anies Douglas] "surveyed the south coast
of Vancouver's Island iu 1S12, and, after a carelul survey, tixe<l on the
jtort of Camosaek" [now ^'iet(n'ia| "as the most eligil)le sitti Un- the
llndson's Bay Comi»any\s factory wjthin the Straits of de " l-'uea ;" and
Inrther, Mr. i)oi,, las, after investigating the south coast of the Island,
says, "(.'amosack is a pleasant and convenient site for the establishment,
i;
m,
154
NORTHWEST WATER HOUNDARY ARIUTRATION.
within fifty yards of the anchorage, on the border of a hirge tract of
clear land, which extends eastward to Point Gonzalez at the southeast
end of the island," &c. No man who knows (Joveruor ]3ouglas will
charge him with stupidity, negligence, or want of knowledge of bis
own interests, and it is drawing too much on human credulity to sun-
l)()se that his examinations did not lead to a knowledge of the strait,
if he was not aware of it before. At any rate the Indians who fre-
quented the new trading-post, coming not only from the Gulf of Geor
gia, Johnston's Straits, and the northern end of Vancouver Island, l)iit
from (Jueen Charlotte's l.slands and the whole northwest coast as far as
the liussiau possessions, knew and pursued the passage of the Canal de
llsiro and that only, and do so still.
[OD] *With regard to the channel actually in use .'it present, I can
l)Ositively state that the Itosario Strait is not followed Jit present
at all, by vessels of the Hudson's liay Company; nor is the Strait ot
llaro in its entire length. Vessels bound northward from Victoria fol-
low the latter as far as Stuart Island, and thence take the channel
between Salt Spring Island on the east and the Saturna group on the
west, going out into the Gulf of Georgia by Active Passage, between
that grou]) and Galiano Island, thus cutting off the detour round Java
Head, and taking an almost straight line from the southern entrance of
the Canal de Jlaro to the middle of the Gulf of Georgia on the forty-
ninth parallel, and to the mouth of Fraser river. This interior passaj^o
is perfectly navigable for large vessels, as in fact it is beyond the forty
ninth parallel. Captain Prevost himself having gone through Viraj;i)
])assage in ller Jjritannic Majesty's ship of that name long before the
Eounclary Commission was organized.
There seems to exist a general misapprehension of the amount of trade
carried on by the Hudson's Bay Company's or other British vessels on
these Avaters. Prior to the treaty of 1840, Fort Vancouver, on the
Columbia river, was the great depot for the receipt and distribution of
goods for the northwest coast, as well sis the interior, and the annual
ship from London delivered its cargo there. All furs were likewise re-
ceived and packed there for transportation. Fort Langiey, on Fraser
Kiver, was the nearest post of any magnitude. Fort Nisqually, on
Puget's Sound, belonged to the Puget's Sound Agricultural Company,
and according to the testimony in the case of the Hudson's Bay aim
Puget's Sound Agricultural Companies' Claims, the goods received there
were purchased of and accounted for to the Hudson's Bay Company, it
nc'-er was a distributing post of the latter. ##**'■
GEOIIGE GIBBS,
Late United ^tatea Gcoloffist, yorthit'CHtefn Boundary iSurvv]).
Ko. 30.
Extract from letter of Messrs. Caniphell and Parke to the Secretari/ of
IStatc.
Washington, February 3, 187-'.
♦ ■«•*###*
Sir:
tllH Hml-nirr* H(iy
I'tinipiiny imimI tin*
F-rt-i'ii)|f(| H (I 8 n r i n
H'lillt-.
A map should be examined showing the relative ]iosi-
tion of the Hudson Bay Company's establishment at
[70] Victoria on Van^couver's Island, Nisqually on Paget
Sound, and Fort Laugley on Fraser Itiver, and the
REPLY OF THE UNITED STATES APPENDIX.
155
position of the Canal de Earo and Eosario Straits as avenues of coninui-
iiication between the three poii.ts. It would be well also to consider the
relative importance of these three establishments in those waters.
*********
It is not at all probable that any vessel from foreign parts or from the
Columbia lliver ever did comnuinicate directly with Fort Langley (on
I'raser Kiver) without touching- at the other posts on the lower
waters, Victoria and Nisqually. It is well known, on the contrary,
that these trips of the Hudson's Bay Company's vessels were made
periodically for the purpose of <listributin{]f the regular supplies of food
iiiul merchandise for trading puri)oses, and receiving in return the furs
collected at the several posts. xTow, by referring to the nmi>, it will be
seen that a vessel leaving the Columbia Kiver for the foregoing purpose
would first touch at Victoria, then at Nisqually, and then at Fort Lang-
Icv oil Fraser Kiver. In making this trip no navigator would dream of
taking the Canal de Haro iji sailing from !Nisqually to Fort Langley,
when the more direct and much shorter route lay through Kosario
Straits. * * Although Kosario Strait was generally used, (and good
reasons have been given herein for this general use,) the Canal de llaro
was not oidy known by these very Hudson Bay Company's employes to
he navigable, but by their own athdavits it is shown that two of their
own vessels made successful passages through this channel prior to the
date of the treaty. ******
AKCHIIiALD CAIMPBELL,
Late United i^'tates Boundary Commissioner.
JNO. G. PARKE,
Major of Engineers, Brevet Major-General.
'>i
Ko.
Oi,
Mr. Campbell to the Secretary of State.
Washington, January 19, 1872.
1 can say from my own knowledge that after the discovery of gold on
Fraser Kiver in 1858, the canal de Haro was the rhp hto rhwnei
[71] *ordinary channel of communication between Victoria "" " '"' "'"'"'''
and British Columbia, and doubtless now is, and ever will be.
AKCHIBALI) CAMPBELL,
Late United States Bound<(ry Cnnimissioner.
Xo. 58.
The Attorney-General to the Seeretary of State.
Department of rlrsTicE,
Washington, A2>ril G, 1872.
Sir : I have the honor to inclose for your consideration and use * *
a statement i)repared and addressed to me by Henry K, Crosby, esq.,
lor wliosii reliabilitv I am willing to vouch. * * *
(JEO. H. WILLIAMS,
Attorney-General.
Hon. Hamilton Fish,
Secretary of State,
d
'^p,
,^i
v'^;
'^1
^mw*
I'' '-
b.
•ii
156
NORTHWEST WATER I$OUNDARY ARBITRATION.
Mr. Crosby to the Attorney- General.
Washington, D. C, April 2, 187L'.
Sir: In compliance with your refjuest that I would furnish you witli
any information which I may possess with regard to the navigation oi
Kosario Straits by British aiul other vessels previous to 184(), and
whether this or the canal de Ilaro was the channel most frequently n.sjd
up to that period and since, these being the channels now in dispute as
to which is the true boundary line on the northwest coast between tbe
United States and Great Britain, I have the honor to make the follow-
ing statement, prefacing it with a brief account of my opportunities for
acquiring this information, and the sources from which it was derived.
I was a resident of Washington Territory from 1853 to 1800. I was
for several terms a member of the territorial legislature and
[72] *in the discharge of my ofticial duties had occasion to thoronghly
investigate the subject of the claims of the Hudson Bay Company,
and its branch organization, the Paget Sound Agricultural Company,
which foreign corporations at that time, and for several years afterward,
retained their trading-posts and establishments in different portions of
the territory. This was a source of much complaint, as they claimed
large tracts «)f unoccupied land, and thus materially interfered with the
settlement of the country.
The searching for the foundation of these extensive claims necessarily
involved the history of all the region west of the llocky Mountains and
north of the Columbia Kiver to the forty-ninth parallel.
3ry information, other than the facts of which I was personally cogni-
zant during my seven years' residence, was derived from statements
made me by persons who had been in the country many yeiirs. Amonjr
these were the earlier missionaries, both Protestant and Catholic, tlic
tirst settlers, old trajjpers, and, in ntiuy instances, the chief factors and
traders of the Hudson ]>ay Company. One of the topics of fiequent
conversation was the early navigation of Paget Sound and the adjacent
waters. I gleaned from corroborating evidence the following facts. At
the time of the treaty of ISKJ, the vessels employed between Victoria,
the trading-post at Xiscjually, near the head of the Sound, Fort Langlcy
on Praser Iviver, and the other posts on tlie northern coast, were tlie
Hudson l>ay Company steamer Heaver and the sclu ner Cadboro. The
company cnvned two or three small biigs, Avliich wei'c principally used
in the trade with California and the San(h\ icli Islands. Each year twu
ships were dispatched iVom England, bringing out trading goods and
other su|»i>lies and returning witli the furs coIIccUmI at tlie depots of Vit-
toiia and l-'ort A'ancouver, on the Columbia JJiver, from the various trad-
ing-iK)sts (tn the coast and in the interioi, west of the Kocky ^lonntains.
On the ariival of tlies«> sliii)s all of the jtosts. botii of the interi(n' and
the coast, wito litted out with what was estimated as a su])|tly snfllcieiit
to answer lor trading pur[)os('s and the snpi»ort of the enqtloyes for a
yeai' ahead.
The usual course for the two vessels especially assigned to this duty
on the sound ami northern coast was in the spring of each year — wliieli
was the time of the arrixal and distril)ution — to take sni>i)lies up to
Nisqinilly for that post and the station at Cowlitz Plains, some
j73| (ifty miles south. The extensive farm at this * latter place was
started for tin; i)urpose of raising grain, jiotatoes, and other vege-
tables, for the snjiply both of the northern posts and the Ilussian pos-
sessions at Sitka and the Aleutian Islamls. For their breadstuffs the
KussiaiiAinericans were entirely dependent niion this farm, and the
KEPLV OF THE UNITED STATES — APPENDIX.
157
Piiget Souud Agricultural Company bad therefore with them a large
ami lucrative trade. At Nisqually were large herds of cattle, which
were slaughtered as refjuired and salted down. These provisions were
taken on board the IJeaver and Cadboro, and, with the other supplies,
delivered at the posts on Fraser Kiver and up the coast.
Coming down from ^Nisqually, the masters of the vessels naturally, in
tbei*" tiips to Fiaser lliver, turned into Kosario Straits. From up the
s'^iuid it was the tirst channel which led off to the north.
I have mentioned this customary jnanner of delivering the annual
supplies, because it is the principal reason why the Kosario
Straits at that time was generally used by the fur company's n.Hin.."strTur«!,';,
vessels. Another cause may be found in th(i fact that the
(anal de llaro is a broad, deep arm of the sea, being, in fact, but a con-
tiiniation of the straits of Fuca, sweeping in with a rushing tide, and
meeting the waters of the Gulf of Georgia at its northern end. Its
extreme depth made it difficult to And good anchorage.
Kosario Straits is a very much narrower chamu'l. It is not compara-
tively deep, is well sheltered, and artbrds everywhere seiMire anchorage.
Of late years it has been found to be dangerous for large shii)s on account
of sunken rocks, but the vessels then navigating it were small, and
therefore of light draught, and ran little or no risk on that account.
The statement that the canal <le Ilaro is a chaniu'l but recently known
is absurd. The steanu'r Beaver went through it years before
the treaty, and that the schooner Cadboro did so is estab- u..-,M.'y' nV «■ Jw
lished by the fact that one of the passages leading into the l^.V'V n^ '"'I'-i'm
canal de Ilaro is known by the name of the Cadboro Pass.
All the northern Iiuliaus who came to ^'ictoria to trade passed through
the canal de Jlaro, as did also the Indians from Fraser Kiver and the
eonipany's factors and tra<lers at the i>osts on that river who frequently
visited Victoria between the trijjs of the supply-vessels. In 1853 Ad-
ininil (then Lieutenant) Alden passed through the canal de Jlaro in the
United States Coast-Survey steamer Active. Governor Douglas, of
A^ancouver's Island, gave him much valuable information concern-
|74] ing it, andevinceda tlioroughand complete*knowledgeof its tides
and depth of water. Douglas was the governor by virtue of being
the senior chief factor of the Hudson Kay Comi)any. He had selected
the site ami established the post at Victoria in 1842. A man of great
energy, he made himself accpuiinted with everything relating to the
interests of the company he represented, and this involved not only a
knowledge of the fur-trade and the character of the Indians, but also
that of the surrounding country and its adjacent waters.
In tile spring of 1854, on a visit to Victoria, I was a witness to the
fact that Canal «le llaro was the channel used by the Eng- ,„,„|,,,. H.n. n,,.
lish vessels. At that time (juite a considerable trade had i'"'*-""!"''""!
si)ruug up W.I.. Nanaimo, in consequence of the working of the exten-
sive coal-mines at that i)la(!ej which is on the eastern side of Vancou-
ver's Islaml, near the ttftieth parallel. I was sthnding,with several other
persons, watching^ a large bark, which had just left the harbor, and
under full sail was heading up the passage, when one of the party, an
old Hudson Kay Comi>any ship-master, remarked, " If the breeze holds
she will go through llaro straits flying; but if it fails, she will drift a
long way before ftnding anchorage. The channel is so broad and the
straits so deep that it is like being out at sea."
From 1854 to 1800, 1 was frequently at Vancouver's Island, and know
personally that Canal de Haro was the usual route to Fraser river, the
Nanaimo coal-mines, and the saw-mills at Kurrard's Inlet.
? iii
w
158
NORTHWEST WATER BOUNDARY ARBITRATION.
In 1857, the British steam corvette "Satellite" and the snrvcylnjr
steam<^r Plumper arrived at Vancouver's Island. Captains Prevost anii
Kichards, commanding these vessels, were the British commissioners to
settle the boundary line. When they went to Nanaimo for coal, tbev
passed through Canal de Haro.
In 1858 occurred what is known as the Fraser river excitement, con-
sequent upon the discovery of gold in that river and its tributaries.
During that year I made fre(pient visits to Victoria, and was also up
Fraser river. Victoria was the disembarking point for the ocean 8t«'aiii
ers from San Francisco. Steamers to be used between Victoria and
Fraser river were brought up from California ; others were hastily built
on the sound for that purpose ; some of these smaller steamers also plied
between the American towns and the river. In the great rush of gold-
miners, the steamers, though crowded to their utmost capacity,
[75J could not convey all seeking *pas8age. Every other means there
fore of water conveyance was in addition brought into service-
schooners, sloops, boats, and canoes. The route at flrst adopted was
entirely through the canal de Haro, but the steamers eventually went
by a still nearer passage. After going part of the way up the canal de
Haro, they turned into the channel on the western side of Saturna island.
passing into the Gulf of (leorgia by what is known as the '' Active
pass."
In 1859, I was for several months on San Juan island, and frequently
saw the steamers and other vessels passing between Victoria and Frasei
river. The canal de Haro and the nearer route inside of Saturna island
were the onlj' routes used ; nor did I ever see or hear of any steamer or
sailing-vessel during the gold excitement going from Victoria to Frasei
river by the way of Kosario straits. In the hurry of those stirring times,
the master of any vessel who took such a roundabout route to reach his
destination would have been not only severely ridiculed, but in all prob
ability would have lost his carrying trade, boch of passengers and of
goods.
The "middle channel" which was proposed by Captain Prevost as;i
compromise, at its entrance, between the islands of San Juan
and Lopez, is so narrow that it cannot be seen until you
are quite near. A vessel approaching it has to run in by the landmarks.
It is but a few hundred yards across, and is only used by vessels goin;:
into San Juan harbor, which is on the inner side of the island, a short
distance from the entrance. The avowed object of this proposal was, to
obtain San Juan Island, the most valuable of the islands in the Arclii-
pelago. The channel designated passes into the canal de Haro, near its
northern end, and would present the anomaly of the canal de Haro beinj;
adopted as the boundary for a portion of its course in its direct passage
to the ocean, and then diverged from, thus conflicting with the clause
in the Treaty which expressly stipulates the course of the water line
shall be through a continuous channel.
The assertion that San Juan is essential for the protection of Van
couver's Island is as absurd as the pretended ignorance of the naviga
bility of the canal de Haro. The nearest portion of San Juan is eighteen
miles from the entrance to Victoria harbor, and owing to the immense
width of the channel, there is no point at which fortittcations could be
established which could interfere with the passage of vessels to the
settlements of British Columbia.
[7Gj *The canal de Haro is the only one of the channels which i;*
over a cannon-shot acoss. The ditt'erence in width and
depth of water between it and Kosario Straits is ao great
that it appears like contrasting an inland sea with a river.
\V(irthIesj*n»'«? o(
lli<- niiitillf i-haiiiK'l.
nidVr. rn
Hur" and
.■^inutc.
■ bt't Wf'i'n
Unwitno
REPLY OF THE UNITED STATES APPENDIX.
159
With the growing commerce of that section liosario straits has com-
plet«;ly fallen into disuse, and the canal de Haro is now, and has been
for h.any years, the route exclusively used between Victoria and British
Colu.^ibia.
Very respectfully, your obedient servant,
JIENllY R. CROSBY,
lion. Geo. II. AVilliams,
Attorney-General.
Xo. 59.
Brigadier- General Canby to the Assistant Adjutant- General at San Fran-
cisco,
[Extract.]
Headquarters Department of the Colu:mria,
Portland, Oregon, April 2, 1872.
Sir: * * * * * * *
I am informed that the vessels of the Hudson Bay Company, on
their upward-bouiul trips, usually passed through Itosario ^vhy thf -o r«ik j
Straits, because their business required them to touch at "■-Tm Tim^vu,
tlie in-shore stations of the company, but almost invariably
through the canal de Havo in returning to Vancouver.
ED. R. S. CANBY,
Brigadier-General Commanding.
No. CO.
lieport of Captain G. H. Richards, October 23, 18.18, in papers relating to
liritish Columbia, presented to both Houses of rarliament, by command
of Her Majesty, Atigust 12, ISoQ.— Part II, p. 14.
"The Haro Strait lies between Vancouver Island aiul the principal
islands composing the archipelago. * * In the Haro
Strait, Cordova Baj' on the western or Vancouver shore h:,!u'"u','',V''i"i,"v
offers good anchorage. On Stewart Island, which helps to ^i?''ii<mMl'h!ry''<'!'m-
t'orm the eastern side of the strait, there are snug and land-
locked harbors, easily accessible to steamers; and among the
[77] Saturna group— the western * boundary of the strait where it
enters the (iulf of Georgia — there is good shelter for a tieet,
accessible either to sailing-vessels or steamers."
Xo. 01.
All'IDAVITS CONCERNING THE NAVIGATION OF THE CANAL DE HARO.
Statements of Remington F, Pickett, made before the United States constil
(It Victoria, Vancouver Island, on this twelfth day of March., A. 1>. 1872,
touching the navigation of the Canal de Haro and Rosario Straits.
On this twelfth day of March, A. D. one thousand eight hundred and
seventy-two, personally appeared before me, David Eckstein, M,„i„vi.. . » ti,e
Consul of the United Stat« s of America for the Province of "'' "' ''-""'
: I
w
160
NOHTHVVEST WATER BOUNDARY ARBITRATION.
British Columbia, Dominion of Canada, residing at Victoria, Vancouver
Island, Kcmington F. Tickett, who, being lirst duly sworn, states as
follows :
My age is thirty-sevon years. My occupation that of merchant and
shipping agent. 3Iy i)laco of residcMce is Victoria, Vancouver Lslaiul,
and have resided here most of the time since eighteen hundred ami
lifty-uine.
For the last ten years I have been agent for a line of sail-vessels
running between San Francisco and ports in ]>ritish Colund)ia.
During all the time since eighteen hundred and lifty-nine, vessels,
both sail and steam, in making trips from Victoria to the Gulf of (Jeoi
gia and Fraser Kiver, have invariably used the canal de llaro as a
passage.
1 have also heard masters of steamers and sail-vessels invariably
speak of the canal de llaro as the channel used by them, and of its su
l)eriority, for ]mrposes of navigation, over any other channel between
the continent and ^'ancouver Island.
All English steamers have used the canal de ITaro as a passage in
making trips from A'ictoria to Fraser ]liver, since my residence at this
place, and continue to do so at this time. American steamers have
done the same and do now. In fact the canal de JIaro is the only cliau-
jiel used b}' steam and sail vessels, at the present time, and has been
the onlv one used for vears.
IJEMIXGTON F. riCKKTT.
\7i^] *CoNSULATE OF THE UNITED STATES OP AMERK^A,
Victoria, Vancouvef Lsl<ni(l, Briti.sk Columbia :
A,i„i,v„ ,h,. I, David Eckstein, Consul of the United States of America.
.luai.i iiaiu. residing at Victoria, A'ancouver Island, do hereby certitv
that Kemington F. IMckett i)ersoiudly appeared before me and made
oath and sul)S( iibed to the truth of the foregoing statements, outliis
the twelfth day of March, A. D. one thousand eight hundred and
seventy-two ; I further certify that the said llemingtou F. IMckett is
personally known to me, that he is a respectable and credible person, to
whose representations full faith and credit can be given.
In witness whereof I have hereunto subscribed my uame and affixed
the seal of luy office, this twelfth day of JMarch, A. D. one thousand
eight hundred and seventv-two.
[.SEAL.] " DAVID ECKSTEIN,
United /States Consul.
JStatcmcnts of George Thomas He\imotn\ made before the United Stafcs
Consul., residing at Victoria, Vancouver Island, March \Wi,A. J). 187-,
touching \q)on the navigation of the Canal de llaro and liosario iStraih.
On this thirteenth day of IMarch, A. I), one thousand eight hundred
and seventy-two, i)ersonally appeared before me, David Eckstein, Con-
sul of the United States of America for the Province of British Colum-
bia, Dominion of Canada, residing at the port of Victoria, Vancouver
Island, George Thomas Seymour, who, being lirst duly sworn, states as
follows : My age is forty-nine years ; and 1 have resided at Victoria,
A'ancouver Island, since eighteen hundred and flfty-eight. My occupa-
tion is that of merchant. I have been acquainted w ith the routes of
travel by water between Victoria and points on the Gulf of Georgia
KEl'LV OF TIIK INITKI) STATES— APPENDIX,
IGl
line, vosspIs,
PICKETT.
,71)1
point
ami Fraser KivtT, since the year eiji'h teen linndi-ed and tifty-eifjlit. The
canal «le Ilai'o lias been the <'hannel used by steamers and sail-vessels,
British and others, since eif;hteen hundred and litty-ei;;ht, and is the
one now jieneraliy, if not exclusively, used in niakinj;' tiii>s to and from
the above-named points, both nij;lit and day. It is in fact the nniiu
channel, and the oidy one rcji^arded as really safe by masters of steam-
ers and sail-vessels, who are acfjuainted with the waters between the
foiitinent and \'an(;ouver Island.
)| *Ever since my residence at Victoria, in «'i;;htecn hundred and
lifty-eight, the canal de llaro has been tlie channel ^m,.,., „„ n,..
laviably used by navigators in fioinjL;- from Victoria to ""i' """
,,.Jnts on theCJidf of Georgia and Eraser river. >'o navigator would
ever tliiidc of using any other channel, unless he had some special rea-
son for it.
(lEOllGE THOMAS SEYMOUH.
CONSILATE OF THE UNITED STATI:S OF AMEltlCA,
} ictoria, Yoncoiin'r Jshuul, Jiritish Coliimhin :
I, David Eckstein, Consul of the United States of America, residing
at \'ictoria, Vancouver Island, do lu'niby certify that on this thirteenth
(lay of March, A. 1). one thousand eight hundred and seventy-two, per-
sonally ai)|)eared before me (leorge Thomas Seymour, and made oath
and subscribed to tiie truth of the foregoing statements. I further cer-
tify that the said George Thomas Seymour is personally known to me,
and that he is a respectable and credible person, to whose representa-
tion fall faith and credit can be given.
In witness whereof I have hereunto set my hand and aflixed the seal
ot my otlice this thirteenth day of ]March, A. D. one thousaml eight
hundred and seven tv-t wo.
iL. s.| ' DAVID ECKSTEIN,
United StafcN Consul.
'Statements of All)ert Henry (juUd, matle before the United States Consul,
residing at the Port of Victoria, Vaneonver Isl<(nd, March 1(>, 1872,
touching the navigation of the Canal de llaro and Rosario Straits.
On this sixteentli day of March, A. D. one thousand eight hundred
and seventy-two, before me, David Eckstein, Consul of the United
States of America, for the Province of British Columbia, Dominion of
Canada, residing at the Port of Victoria, Vancouver Islaiul, personally
appeared Albert Henry Guild, who, being lirst duly sworn, states as
follows :
My age is fifty-eight years; my residence, Victoria, Vancouver Island,
and have resided here since the year eighteen hundred and fifty eight;
my occupation is that of merchant.
[80] *I am familiar with the route of travel by water, by steamers
and sail-vessels, British and American, from Vic- Ami.vit- .„, n.^
toria to points on the Gulf of Georgia and Eraser river. «..uid«naro.
The canal de Haro is the channel now exclusively used by all classes
of vessels, British and others, carrying pilot or no pilot, in making trips
between the above-named points, and has been so used, to the best of
iny knowledge, since eighteen hundred and fifty-eight.
During my residence at Victoria 1 have frequently passed through
11 D
if'?™
1G2
XOinilWDST WATKIt liOl'NDAI.'Y AUr.ITK'ATIftN,
tlio caiiitl (Ir llai'o as passcii^^cr in Hudson r»a.v ('()nii)an,v's slciuiicis;
and, in fact, I never knew tlicni to use any oilier eliannel in niiikju^r
trips to and IVoni the above-named points.
Vessels com in;;' into the Straits of .luan de l-'nea from the nccim,
l)Ouiul lor ports (tr ]»hu'es on the (!idf of (lectr^iii or Fraser Kivc:,
invariably pass through the canal d(^ llai'o, wliethei- toueliinj;' ;it \ii.
tenia or not, an«l have done so since my residence her«^ in eighteen Imn
drc'd aiul lirtv-eij;ht.
amu:i:t iienuv (.irii,i),
CONSl LATE (tF TlIK rNITKl) STATES dl' AMKIIK'A,
\'ic(ori<(, Vancoui'cr lsl«n<l, lirilish Coluitihid :
I, J)avid Kckstein, Consul of the United States of America, residing
at Victoria, N'ancouver Island, do hereby certify that on this sixtcciith
day of .March, A. 1). tuu' thousand eiyht hundred ami seventy-two, ]i(i.
soually appeared before uie Albert Henry (iuild, and iiuule oatii iiml
subscribed to the truth of the foresoin^' statements. 1 further ccitiiy
that the said Albert Henry (Iuild is i)eisonaIly known to nu', and Unit
lie is a res[)ectab]e and cretlible iierson, t<t whose rei)resentatioii tul!
faith and credit can be piven.
In witness Avhereof I have hereunto subscribed my name and al'lhcii
the seal of my otlice the dav and vear lirst above written.
[SEAL.] ' ■ DAVID FCKSTF.IN,
I'liitcd l>>t<(1<'s ('(lumil.
v.
Altiiiavits nn th"
ciMial ('I llar<'
ExiradH frum the Ajjitlnvit of William •/. Waitt.
United States of America,
Tirriionj of Washiiuitou, ss:
1, William J. AVaitt, of the City of Olympia, County of Thnrstdii,
and Territorj' aforesaid, do solemnly declare upon oath that 1 imi
[81J *a master mariner, of the age of thirij two years j that I ciDiif
to Victoria, Vancouver's Island, in the spring of 18G8, and for tlic
„. next four years was engaged in steamboating between siiid
City of Victoria and Eraser's lliver, in British Cohuiil)in;
fifteen mouths of that period I was master, the remainder jnltit
and mate. In ISOli I commenced running between Victoria and Olviii
pia, with occasional trips from A'ictoria to New Westminster. Diuiiij;
all this time the canal de Uaro has been the oidy channel used in goiii;'
from Victoria or the Straits of Fuca, northward into the Gulf of Goorsi.i
and places on the Northern Coast. I know both Haro Canal aud llo
sario Straits. The first is the only one ever used in the large trade
between Paget Sound and the British Columbia Mines ; between A'ic
toria and the said mines; between San Francisco and the main hind of |
British Columbia. It is the only one by which the heavy coal trade nt
Nanaimo Mines is carried on. It is straighter, shorter, deeper, fefler
rocks, less currents, and is much the safest route, particularly going |
through at night or in a fog.
I am intimately acquainted with Capts. McNeil, Swauson, Ella, ai
Lewis. I knew Capt. Morrat in his life-time. They are old Captains
who were in the service of the Hudson's Bay Company as early as 1840.
I have talked with each and all of them on these matters, as it was lu.v |
business to learn. *******
All their statements to me justify my declaration upou oatb, tliatl
KF.i'Lv OF riii; r\i'iF,i) statks — ai-I'DNdix.
1 g;;
8111
('(' I'ort \'i('((>iiii was fstiiblislicd on N'micoiivcr Islmid,
:v (;rii,i).
rhtihrii'l ■■•<fi|
it^ivflyrormirlh-
111 1.1 Kurt
this (liJiniH'l was ('\cliisi\<'ly used in all (rips of ilicii' ".i
stcaiiici's, bctwcon said l-'ort N'ictoria and tlicir tradiii^i-posls i!i''ii
Noitli (HI tlic (lull" of (!('()! j^ia, and on \hv iippci- I'lasi'i's ^ ' "
I'ivcr. Xo other clianiicl hut this was talked al>out by either ol them.
Noiieotherhadevei' been use»l in their re^^ular tiach', since Foit Victoria
was eslabli'.Iicd, which I believe on inlbrniation was in 1S|l*. ('apt.
McNeil told nie Ik^ had been (hron;;h iiere in his own vessel, whi(;h he,
lironji'ht from IJoston, before he was bon;;ht out by the Hudson's Uay
l'om|»any, and eniploye<l in the ('oMii»any's ser\iee. lie also spoke (»f
i^nuiX throujih in the steamer I5ea\('i', of which he was Master, when
Captain Wilkes was here. * * * ' * *
The Xorthern Indians always came and went by the same channel in
llioir trips to \'i<'toiia, and over to \Vashinj;ton Tenitoiy, since I hav(^
lii'cii here ; and from intbrmation, and knowledt^'e of Indian customs, I
state the opinion they always did use such Canal de llaro in
Si'l their trips to and from N'ictoiia and their Northern *r<'sidenc<'S.
They always used the same; channi-1 when ('ominj;to ^,.,ll^,,. ,„, ,i,..
tlie American side ol the straits of I'lu-a, and the settlements ' ■ -i '• H"-
(111 rii"('t sound.
CAIT. W. .1. WAITT,
TK1M{^^(»I^^ <»i' \\AS!i(N(ri'(»x,
Count 1/ of Tliiirstoii, .si-t :
J5('i(»r(^ me, .Joseph II. Ilouf^iiton, Clerk of the Supreme C(mrt <»f said
Territory, came William J. NVaitt, who beinj;- iirsf duly sworn, did
(It'ljose and say that he had carefully i'ea<l the forejioinji' statement, and
knew the contents thereof; that th(> same had bet-n (li(;tated by liim.
And that so much thereof as was stated from his own knowledge was
true, and so much theieof as was stated on information lie verily
believes to be true.
In testiujony wlieieof I have hereunto set my liand and aHixed the
seal of said Court, this sixteenth dav of I\Iarch, A. I). ISTli.
[SEAL.] '.JOSKl'Jl 11. IJOIJCJIJTON,
Cleric Sup. Ct. W. T.
Extractn from the AjjUlnrlt of Francin Tarbell.
United Stated t)F America,
Territory of Washington, ss:
I, Francis Tarbell, of the City of Olympia, County of Thurston, and
Territory aforesaid, do solemnly declare upon oath, that I am a native-
born Citizen of the United States, aged forty-one years. I went to
Victoria, A^ancouver's Island, on the 14th July, lSo8, and continued to
reside there, doing business as a wholesale merchant, up to 1800. In
1802 I became a J)irector in the Victoria and British Columbia Steam-
boat Company, and from my connection with said Company, and my
business, 1 became thoroughly acquainted with the Vessels, Steamboats,
Route, &c., used by the Steam and other vessels, to and from said Ciy
of Victoria. From that knowledge I declare positively and without
reserve, that the Canal de Haro was the only channel used by Vessels
jroing to the Gulf of Georgia from Victoria, or from sea- voyages via
Straits of Juan de Fuca. In the last fourteen years I have probably
been five hundred times to New Westminster at the mouth of Fraser's
m—
104
NORTIIWKST WA'IKI." IM»1NI>A1?Y A IMUTWATION.
Mli.livit-, .
<*iniitt (If llitrii
Jiivcr, ill I'ritisli ('i>liiiiil»iii. In these tri|).s or \«»,Viiy«'s, no otluT ciiiiiiiicl
iMif the Hiiro Ciiinil WHS «'v«'r nsrd. » # * ,
f!S;jJ *I iiiu well iind intiuiatt'ly iUMiiiiiinlctl with ('iipt. .McNeil, Ciipt.
Swiiiiston,('iii>t. I<ewis, iind ('apt. I'^IIa. I was well aeiinainttil
Willi ('apt. Will. A. .Moiiat in his lile-lime. These were all
ohl Captains loiineily in the employ of the llndsoii's Hay ('oiiipaiiv.
From tiieii' statements to me, ami IVom other sources, sev«'ial of tliciu
were, here, if not all, lielore IS 10. In my ei;;'hl yeais' residence in \j(
toria, I was in company with these men a j;reat deal, conversin;^ vcrv
freely on the snhject of Steamltoats, IJoiites up the Coast, Trath' u\' tin
Coast, tS:c. It was in tlu' direct line of mv Imsiness to learn these
ll:iri>i'li:i I
I'lMijtiiiy
fut'h-tiitii'h
mat-
lev
ters. 1 freely impiired as to their kiiowled^ic, ami tl
i'u'wV'M," freely communicated with me. I have heen told frcipicntl)
i'!'.'i'k'm. |>y all those jientlenuMi that the channel now used to rcacii
the (lulf of <leoi<;ia in j;diny from \'ictoria to NanaiiiKp,
Eraser's l{iver, or to theNoithein Coast, or in returniiiji' from the same tn
Victoria, has be»'n invariably used by the \'«'ssels of llie Jludson's l!;iy
Company since Fort Victoria was established. * * *
1 urn also positive that Captain ^IcNeil Inis told me on several occa
('niTipitlv It^rtl H<<r<)
< liMJiiM'l lirl.iri' KID.
sion.s that he used the same channel when sailin<;' a \v:
for the Hudson Uay Comi>any lon«;' prior to 18 MJ ; and I have
beard him make the same statenuMit in regard to the vessel
lie brought out from Uoston before he went into the Conii)any's servin,
I am also positive that he has told me that after going into the Com-
])any\s employ, long anterior to 18KJ, he passed through this ehaniiol in
the steanu'r Heaver, of which he Avas Cai>tain, about the time Capt,
Wilkes made his survey of these waters. * # * »
FliANCIS TAlHiKLL
TeIMUTORV of WASIIIXdTON,
Count}! of ThurHton. 'Sfs:
Before nu', Joseph H. Houghton, Clerk of the Supreme Court of said
Territory, came Francis Tarl)ell, w ho, being first duly sworn, did depose
and say that he had carefully read tlie foregoing statement, and knew
the contents thereof; that the same had been dictated by him; and tliat
so much thereof as was stated from his own knowledge was true, and sn
much thereof as was stated on infonnatiou he verily believes to be triu'.
Witness my hand and the seal of the said Court this IGth (lav of
March, A. 1).' 1872.
[SEAL OF THE SUP. oouuT.] JOSEril H. HOUGHTON,
Clerk f^up. Ct., \y. I.
m
* Extracts from the Ajpdurit of Charles WiUottjhhy.
AfliilavitH <iri III
(.■aiiiil ill' Hiiro,
United States of America,
Territory of Washington, ss:
I, Charles Willoughby, of the City of Port Townsend, County ol
Jefferson, in said Territory, do solemnly swear that 1 am a native-born
Ameri(!an Citizen, aged 41 years, a Master Mariner, and have, sinw
December, 18.")0, been Master of a Vessel. * * * *
In 18(>l I made another voyage in Bark Naramisse to Nanaiino tor
Coal. Took a pilot at Victoria, who was recommended to me by the
Ilarbor Master as au old and experieuced Hudson Bay Co. pilot; bis
KKl'LV OF T!1K rNITKI' STA'IKs — APrKNDIX.
in:
;>
iiaiiic I liii\<' l'or;,'<»tt«'ii. We were ii]Hiiiii piloted, iis lu'toic, tlir(Mi;:li
JliU't) Canal. In tlu' latter \<)_vay(^ \v(5 oiie(Miiitere)l a <;;ile t'ldtii S. I'].,
vcciinj" to south, wliieli struck the ship at <» A. M., and lasted el;L;ht hours;
>lii|» under elosereef main top sails, und lilowinj;' very lu'avy all the
tiiiK'. The position of tlu^ ship at the tinu' wo took tlu' <,'ale wasoll' (!liat-
haul Island, with ehb tide. The pilot, as well as ni.vsell, entertainetl no
tears tor the. safety of the ship, as the shores were lM>ld, the water deep,
nuTouts so regular, and ph-nty of soarooni ; and we liad no fears of tin;
result. I would not liki^ to he eaufiht in Ifosuiio Straits in the same,
manner. When the ;,'ak' broke, we w«'re up by Sidney Island — nearly
lip to the Aetivi! i'ass. From my e.vperienct^ then and knovled;;o now,
1 pronounce the llaro Channel the best Chaniu'l or jKissaj^e betwc^en
aiiv of the Islands, or between the ALain-land and Islands North of the
Sti'iiitsof Fuca. ##*»## .»
CIJAS. WILLOCCIIIiV.
lany's servu'c.
Ti;iji;iToi{V of WAsiti.\(iTo\,
Vountij of Thurston, ss:
llcfore me, Joseph 11. Jlou^hton, Clerk of the Suprcnu; Court of said
Territory, came Charles Willouyhlty, who, beinj; tirst duly sworn, did
depose and say that he had carefully read the fore^oinj; statement, aiul
knew the contents thereof; that the same had been dictated by liim;
and that so much thereof as was stated frf)m his f>wn knowledj>«^ M'as
true, and so much thereof as was stated on information he veri'y believes,
to he true.
Ill testimony whereof I have hereunto set mv hand and illixed the
Soiil of the Court this 10th dav of March, A. I). ISTU.
|SEAL OF THE sui'. rouiJT.] .lOSEPIl H. HO' 01 [TON,
Clerk- Suit. Ct., W. r.
\^r>\
* Edlracis from the Ajjidavit of James S. Ltttcson.
Tnited States of Ameuica,
Territory of Waskhujton, ss :
I, James S. Lawson, Assistant United States Coast Survey, and at
inosent a resident of Olympia, County of Thurston, and Ter- AHi.uvt. .», n,.
litory of Washington, do solemnly declare ujmn oath, that I "" ''i' "«"•
am a native-born citizen of the United States, aged forty-four years;
that I came to the Western coast of the United States in -Iiine, 1850, in
the coast survey, and have been engaged in the same from that time to
the present, in all capacities from aid to assistant in charge of a party.
From lSo2 to 1850, both inclusive, J si)ent each working season in the
surveys of straits of Juan de Fuca, Canal do Ilaro, Uosario Straits,
Gulf of (leorgia to forty-ninth parallel of North latitude, and Admiralty
Inlet, and since 1800 1 li^ve been permanently located in this section,
with a residence at Olympia.
* *"# # # * *
From several years of such experience and service, I assert the grcsat
superiority of the iJanal de Haro over the Itosario Strait as a Ship-
Channel or Channel of any character, depth of water, width, directness,
and freedom from obstructions, rr "ks, &c. The currents are strong in
both, but as a ship-channel the Ho i Canal is decidedly superior.
While working in the Gulf of Ge rgia in 1858 and 1859, vessels bound
from Victoria to Fraser's liiver, l^anaimo, or farther north, invariably
f
ff^im
16G
NORTHWEST WATKU BOUNDARY^ AUBITKATION.
made use of Ciinal de Ilaro; in fact I have never beard of a siiijjh! instance
10
of a vessel sailinj;' from Victoria since 1852, wben 1 came to this section
and bound for any of the above-mentioned phices, making use of Jiosarii,
►Strait. INIy experience lias shown that the Indians of the Northwest
Coast always made use of the Camil de Ilaro, on their visits to Yictoriu
and returning-.
JAS. S. LAWSON.
Territory of WAsiiraoTox,
County of Thurston, ,ss :
IJefore me, Joseph II. Houghton, Clerk of the Supreme Court of said
Territory, came James S. Lawson, \vho, being lirst duly sworn, did
depose and say, that he had carefully read the foregoing statement, and
knew the contents thereof; that the same had been dictated by
[8G| him; and that so nuich thereof as was stated from *hiso\\ii
Atii.i.vii. .M, tiiM knowledge \v;i.s true, and so nuu.*h thereof as was stated on
ta.,,i,ieiia,<,. information he verily believes to be true.
In testimony whereof I have hereunto set my haiul and allixed tin
Seal of said Court this IGth dav of March, A. 1). 1872.
|SKAL OF THE HUP. ("OURT.j ' JOSEPH II. IIOUGIITON,
Clcr]: ^Supreme Court, Washington Territori/.
Affidavit of Thomas McManiis.
U^'lTED States of America,
Territory of Wash iny ton, ss :
I, Thomas IMcManus, of the City of Townsend, County of Jeifersoii,
and Territory of AVashington, do solemnly declare that I am a citizen
of the United States, of the age of tifty-one years.
On the 2d day of May, ISll, I was serving as an ordinary seaman, on
\v,ik..s,„vpvs,:,. board the United States ship Vincennes, in the United
...ideHaro.uiH*!. gt^tes explonug' expedition, Charles AVilkes, United States
Navy, Commanding Expedition, and we entered these waters .about the
above date. I was in the Boat Expedition, surveying both Caiml de Ilaio
and llosario Sti'aits. I served during the whole cruise of the expedition.
In 1858 I returned to Washington Territory, and since that time I
have been constantly sailing in these waters. I know both channels
well, and have been frequently in them, but never in liosario Straits iu
a Ship. From my knowledge of said Eosario Straits, I do not think it a
safe passage for sailing-vessels. From uncertainty of winds during
summer months, and adversity of currents, the passage is unsafe with-
out the use of towing; and in my knowledge it is not, nor has it ever
been used by vessels going to or coming from tht Gulf of Georgia. The
Canal de Ilaro is the natural route for vessels from Victoria to th<^
Gulf of Georgia and the Northern Coast. It is a safe and good ship-
channel, broad, deep, and plenty of sea-room, and less danger from
liidden rocks than iu Kosario Straits. For heavy-draught Vessels it is
the only Channel which can be used.
Since I have been here (1858) the (Janal de Ilaro is tlie (Jhaniu'l in-
varial)ly used by vessels, American and English, Steam and other vessels
going into the Gulf of Georgia from Victoria or the Straits of Fuca.
THOMAS McMANUS.
JITKATION.
REPLY OF THE UNITED STATES APPENDIX.
1G7
>i
♦Territory of Washington,
County of ThursfoH, us :
IJotbro 1110, Joseph II. lioii^htoii, Clork oi" tlie Snpvonio Court of said
Territory, came Thomas Mc.Mamis, who beiiip' lirst duly Alr„l.^,t. ,m u,^
sworn, did depose and say that he liad carefully read the ™"''i'^'"'™
toregoiuff statement, and knew the contents thereof; that the same had
been dictated by him ; and that so much thereof as was stated from his
own kiiowled^'e was true, and so much thereof as was stated on informa-
tion he verily believes to be true.
Witness my hand ami the Seal of said ('ourt this I'Oth dav of ^larch,
A.l). bSTl>.
[SEAL.] JosKPii 11. H()U(iHT()X,
Clerk SKpyeine Court, Washiufiton Territory.
ordinary seaman, on
raught Vessels it is
AjjUtuvlt of Adam Bennon.
I'xiTEi) States of A:MEr.icA,
Territory of Washinyton, .s.v :
I, Adam Benson, of Pierce County, AVashinoton Territory, do solemnly
declare upon oath that 1 am a citizen of the United States, of the age of
liftysix; years, and a native of the Xorth of Scotland. I came to this
TciTitory, then Oregon, in the service of the Hudson Jlay Company in
1830, and stopped at Fort Nisqually, in what is now Pierce County. I
was a shepherd and herder of the Company's sheep, after Port Victoria
was established in 1842. I made a trip in charge of the company's sheep
irom Fort Nisqually to Fort Victoria, in the spring of 1845, ^^,^ ,„.nmorn..,-
just before potato planting. From thence the Steamer Beaver r,",,,;"",;;' 'I'ur'mX
towed the ship Columbia to the mouth of Fraser's P- .'cr. "t'^ -^^i'^""'' "'!■*< ••
AVe went through the Channel between Vancouver's Island and San
Juan Island. Captain ])odd was the master of the Steamer Beaver. I
lix the year 1845, because it was the year that Colonel Simmons came and
settled at New JMarket. I remember that Fort Victoria had only been
established two or three years, and all the buildings were not up when
1 was there.
Al)A:Nr BEXSON.
Territory of WasiiinccTon,
County of Tliurhton, ss :
Before me, Joseph 11. Houghton, Clerk of the Suiueine Court of said
Territory, came Adam Benson, who, being lirst duly sworn, did
[88J depose and say thiit he had carefully read the foregoing state*ment,
and knew the contents thereof; that the same had Amiuin n,, u,..
been dictated by him and was true. . n..i ,i,. n.,,.,.
In testimony whereof I have hereunto set my hand, and affixed the
seal of said Court this twentv-seventii dav of ]Ma\cli, A. I). 1872.
[SEAL.] " JOSEPH H. HOUGHTON,
Cleric iSupreme Court, }Vi(shinyton Territory.
Ajfidarit of M'illium X. llorton.
United States of A:merica,
Territory of Wmhinyton, ss :
I, William N. Horton, now of the City of Olympia, County of Thurs-
ton, and Territory aforesaid, do solemnly declare upon oath, that I am
'■Wi'Wi •'UH
108
NORTHWEST WATER BOl'NDARY ARTilTRATIOX.
a native-born citizen of the United States, of the age of forty-two yoars.
and am a Steamboat Engineer by i>rofes.sion. I came to LNtrtliiiid.
Oregon, iti Jnne, IH.IO. I came to I'uget Sonnd in ^Nfiiy or Jnno, ]sr4.
since which time Olympia has been my re.si.i'^nce when npon slioic.
Early after coming to tlie Sound, I made a trip m the Slooj) Sarah
Stone, Captain Tiiomas Shiten, to all of the Sonnd Ports, extendiii';' om
voyage to Fort A'ictoria, and Nanainio, npon Vancouver's Island. Wo
went .and returned through the Canal de llaro; at that time it was the
only channel used by all Coal Vessels going to and from Nanaimo, by
the Hudson's Bay Company's Steamers Beaver and Otter in their trips
North from Eort Victoria to the trading-posts on the Northern Coast.
Indeed it is the only channel which can be profitably or safely used in
going from the Straits of Enca into the Gulf of Georgia, and the inland
waters to the North. It was then nsed by those Steamers, for on that
trip, or shortly after, I have seen both of those Steamers, either going
from or returning to the then Fort Victoria, now the City of A'ictoria,
on Vancouver's Island.
Erom the spring of 1S5."» up to 1858, I Avas running a Steamer on
the Sound, and made numerous trips to A'ictoria, and saw Steam and
other vessels in the Canal de Ilaro. I never saw or heard of any vessel
ever using the ]{osario Straits to get into the Gulf of Georgia. In 1808
I was ei!ii)loyed on various Steamers running to Eraser's Biver, and
continued in that business until ISOl. The whole trade between
[89j Victoria and Eraser's IMver,*in all classes of vessels, was entirely
and exclusively done in the Canal de llaro.
I know both channels, having run in both as pilot and Engineer.
Affi.kv is , „ tia llaro Channel for all vessels is infinitely superior to Bosaiio
'"'"'''""" Straits. It is broader, deeper, more direct, less sunken
rock.s, and the Canal de llaro is perfectly safe at night or in a fofr.
which I cannot say of It0.sario Straits. The currents are strong in
both, but in the Canal de llaro much the more regular.
I have very i'requently seen the Northern Indians coming and going
through llaro Channel, and from my information I beli \e that sucli
Channel has alway.-? been nsed by them in their trading trips from the
North to Eort Victoria. Indians follow customs tenaciously, and do not
change their routes; and as this was their custom in 1851, 1 am positive
it was previous thereto.
W. N. lIOBT()>.
;il-
Terkitory of "Wamiiington,
County of Thurston, xs :
Before me, Joseph H. Iloughtun, Clerk of the Supreme Court of said
Territory, cameAVilliam N. llorton, Avho, beirig first duly sworn, didde
pose and say, that he had carefully read the foregoing statement, and
knew the contents thereof; thai the same had been dictated by him;
and that so much thereof as was stated from his own knowledge was
true, and so much thereof as was stated upon information he verily be-
lieves to be true.
In testimony whereof, 1 have hereunto set my hand and allixed the
Seal of said Court this iJOth day of IMarch, A. D. 187li.
[SEAL.] * JOSEPH H. UOUGUTON,
Clerk (Su2)r€me Court, Washington Territory.
]{ErLY OF THE UNITED STATES— APJ'ENIUX.
Affidavit of John McLcod.
1G9
HOirr()>'.
I allixod [he
United States of AmePvIca,
Terrifori/ of Washinf/ioH, ss :
I, Joiiii McLeod, of IMcree County, Wasliinp^ton Territory, do solonmly
(ieclare upon oath that 1 am a naturalized citizen of the United States,
of the age of fifty-six years, and was born in Lewes Ishind, North of
bcotland. I arrived in this Territory, then Oregon, in the service
90] of the Hudson's Bay Company, in the Fall *of I808, at Fort Nis-
qually on Puget Sound, and immediately was put on board of
the Compaiiy's Steamer Heaver; Captain McNeil was then master.
Wliile I Avas on board, she was also commanded by Captain Brotchie
and Cai)tain Duncan. My duty was that of Stoker. Up to 18i2, when
Fort Victoria was established on Vancouver's Island, she made two
trips up North from Fort Nisqually annually, in collecting furs. I con-
tinued on board until the .spring of 1844, (April, 1 think,) since which
time I have lived in Pierce County, near Fort Nisqually. I know San
Juau Island, and the channel between it and Vancouv.jr's Island. I
made in the Steamer Beaver, after 3 842, and till 1 was
discharged, at least two trips to the North each year, that ui'H|r»av,,;u,yby
is to say in 1842 and 184.'3. While building the Fort at ir{r,,MH,,lMy'','m"..
A'ictoria till the buildings were well up, Ave staid in the
harbor as a Guard against the Indians, and while thus delayed the
Beaver towed the Schooner Cadboro, two or three times to the mouth
of Eraser's Iliver. In all her trips North from Fort Victoria to Fort
Simpson, and back, and in towing the Cadboro to Fraser's Biver, we
always went through the channel between Vancouver's Island and San
Juau Island. After 1842 the Steamer Beaver only came to Fort Nis-
([iially on particular business. Her regular trips twice a year were
made between Fort Victoria, on the Island of Vancouver, and the trad-
ing-posts north of the (iulf of Georgia. I can remember at least
eiglit or nine trips through the channel between Vancouver's Island
and San Juan Island, Avliile I was engaged as Stoker on the Steamer
lieaver. His
■ JOHN + M< LEOD.
Mark.
Territory of AVAsiiirsGTON,
Cotinty of Thurston, ss :
Bel'ore nie, Joseph H. Houghton, Clerk of the Supreme Court of said
Territory, personally came John ]\IcLeod, who, being by me first duly
sworn, did declare and say that he knew^ the contents of the Ibregoing
alUdavit ; that the same had been dictated by him and carefully read to
liim, and that the same was true.
in testimony whereof, I have hereunto set my hand and the seal of
said Court, this third dav of April, A. J). 1872.
[SEAL.] JOSEPH H. HOUGIITOX,
Clerk Supreme Court, Wushinyton Terrifori/.
l"
#
[01]
*Ajimirit of W. H. (h-O!/.
Astoria, April 8, 1872.
The undersigned was in Fort Vancouver, on the Columbia Kiver,
Oregon, in the month of Jainiary, 1837. During my stay at ^nuLv,., .,„ the
that port of the JIudson's Bay Company, news came that ""'i'*^""'
4'
170
NORTHWEST WATER HOL'NDAHY ARBITRATION.
l!i;i
one of the Company's vessels, I think it was the Steamer Beaver, had
passed llaro Straits, and found it a shorter, deeper, and better chainiel
from the Gnlf of Georfjia to Victoria than tliat nearer the main land.
1 was informed, by tlie Masters of the Hudson's Bay Company's vos
sels, several of whom I have been well acquainted with since the winter
of 1837, that the Haro Channel was the safest and the one they pre-
ferred to any other.
From 18.58, and onward, I have frequently and invariably passed
through the Ilaro Channel iu American and the Company's steamers.
and been assured by all the masters that it was preferable to any other.
As to the question of the Company or British ignorance of the Hiiro
Channel, I verily believe it wholly fictitious, and that it was well known
to them as < arly as 1837, and that the Steamer Beaver had passed and
repassed it from Victoria, on Vancouver's Island, to Fort Langley. on
Fraser's River.
I, W. 11. Cray, do solemtdy swear that the foregoing statements are
true to the best of mv knowledge and belief. So hel]) me God.
W.U. GRAY.
Subscribed and sworn to before me, this 8th dav of April, 1872.
[L. S.J A.'VAN DUSEN,
Xvtary Public for Clatsop Comity, iState of Oreyon.
ji^dai'it of J. A. Gardiner.
The undersigned was one of the seamen on the Exploring Squadron
of Captain Wilkes, of the United States, on the American Coast in 1840
-'11, and knows that the Channel de Haro, or Belview Channel,
|02J was explored during the continuance of the surveying *ex-
l)edition upon the Coast, in 1811, and knows that it has been for
the last thirteen years universally used by both British and Americans,
and is the preferable Channel to any other.
J. A. GARDINER,
First Officer 8. 8. California.
State of Oregon, County of Clatsop, ss :
On this 10th day of April, A. D. 1872, personally api)eared before me
the above-named J. A. Gardiner, and to me personally known, who sub-
scribed his name iu my presence and swore, according to law, to the
truth of the above statement.
[notarial sea L.J A. VAN DUSEN,
Notary Public.
Am.iavit,<i ,,M 111.
ClttKll lit' Hiirn,
I'.: I
statements of William If. Oliver made before the Consul of the United States
of America, residing at Victoria, Vancouver Island, March 13, A. J>.
1872, touching npon the navigation of the Canal de Haro and liosario
Straits.
REPLY OF THE UNITED STATES— APPENDIX.
171
md Rosario
Alli.i;nil.< nil tl.c
uiil .1.- H:iro.
Island, William II. Oliver, who, bt'iii'>' first duly sworn, states as fol-
lows :
My ajj;e is fortyei^^lit years; my residence is Yictoiia, A'ancouver
Island. I have resided here most of the time since eighteeu hundred
;uul fifty-eight. I am a retired merchant. I am ac(iuainted with the
route of travel by water, by steamers and sail-vessels, British and
American, in making trips from Victoria to the Gulf of (leorgia and
Eraser liiver, since the year eighteen hundred and lifty-eight. So far
as my knowledge extends, the Canal de llaro has been and Jiow is uni-
versally used by all classes of vessels.
In eighteen hundred and fifty-eight, in December, or in Jauuary,
eighteen hundred and fifty-nine, I went, as a i)assen-
lli.jl ger, on the *Fudson I>ay Company's steamer Beaver,
from Victoria to "Derby" or "Old Langley," as it was called, on
Fraser liivei^, and i>assed through the Canal de Ilaro, in going and re-
turning. At that time and since, the Canal de Ilaro is the channel gen-
erally, and I think exclusively used by British Steamers and others in
Soing to and returning from Fraser Iviver and (Julf of Ceorgia to Vic-
toria. Masters of vessels, and navigators generally, have expressed the
o])inion to me repeatedly, that the Canal de llaro was not only a supe-
rior channel to an^' other between the Continent and Vancouver Island,
but was the oidy one used by mariners in passing from \'ictoria to the
Gulf of Georgia and the Eraser lliver.
1 have been acquainted with William II. ]\lcNeil, formerl.v Chief Fac-
tor in the Hudson Bay Company, personally since 18(J4, aiul by reputa-
tion since 1858. Since the sixth of the present month 1 have had a con-
versation with William II. McXeil, in which 1 asked him to state at
what time the lludson Bay Company commenced using the Canal de
llaro, 1)3' steamers aiul other vessels employed in carrying their fur
trade, and the reasons why tliey had not used it at an earlier day. lie
slated to me that the Hudson Bay Company commenced using the
Canal de Uaro, for the above puii)ose, soon after they established their
Trading-post on Vancouver Island, wliich was, as he said, in eighteen
hundred forty-two, or eighteen liundred and forty three ; and that the
Company continued to use it, more or less, from that time on.
And, further, that the Hudson Bay Company ascertained the value
of the Canal de Haro for purposes of navigation, at the time of their
comuioncing to use it as above stated. He further stated that tht rea-
son why the lludson Bay Company had not used the Canal de Haro
previous to establishing their Trading-post on A''ancouver Island, was
their want of knowledge of its real value for purposes of navigation.
On pressing my inquiries further upon the subject, the said William
H. McXeil stated tome distinctly and positively that the
Hudson Bay Company navigated the Canal de Haro with .ii"iy\'iv,«iiV'/'i.y
their Steamers as early as one thousand eight hundred and Mir.'vii',',.my mm"-
forty-two and continued to Jiavigate the said Canal de Ilaro
thereafter exclusively, in carrying on their trade between A'ictoria and
points on the Gulf of Georgia and Eraser liiver. William H. JMcNeil
has been in the Hudson Bay Company service since 18.'>7.
W. IT. OLIVER.
[91] *C0N8ULATE OF THE UNITED STATES OV A:MEKn'A,
Victoria. Vancotiver Inland, liritiah CoUimhia.
1, David Eckstein, Consul of the United States of America, residing
ittV^ietoria, Vancouver Island, do hereby certify, that on a,,,,!,,,, „r the
this thirteenth day of March, A. D. one thousand eight hun- '"' '" """
I
i '1
If'
172
NORTHWEST WATER BOUNDARY ARlilTIfATION.
dre<l jwmI seventy-two, i)er.sonally appeared before me William'^] 1. Oli-
ver and made oatli and subscribed to the truth of the foregoing state-
ments ; I further certify that tlie said AVilliam II. Oliver is pei'soiially
known to me, and tliat lie is a resi)e(!table and credible i>erson, to whosti
representations full faith an«l credit can be given.
In witness whereof I have hereunto set my name and i.xed the seal
of my OfHce, this thirteenth day of .AEarch, A. D. one thousand eijilit
hundred and seventy-two.
fL. S J DAVID ECKSTEIN,
United ^Stati^s Consul
Iri
Afidav'd of Charles M. Bradshau:
Unitko States of A:\ierica,
Territory of Washington, ss :
I, Charles 31. IJradshaw, of the City of Port Townsend, County of
Jefferson, in said Territory, do solemidy declare upon oath that I am a
native-born citizen of the United States, aged forty years ; that I came
to Washington Territory, then included in the Territory of Oregon, in
November, 1852. Jn March, 1853, I went to Dungeness, on the Soiitli
side of the Straits of I^'uca, in Clallam County, AVashington Territory—
and took up a Donation Claim — fronting upon the Harbor Avhich is but
an indentation in said Straits of Juan de Fuca, where 1 continued to
reside until some time in 1807.
From my house, without the weather was very hazy or foggy, 1 Lad
an unobstructed view to the entrance of N'ictoria Harbor, the shore ot
Vancfuiver Island, the entrance to Canal de Haro, the shore of San Juan
Island, and the entrance of Itosario Straits. Between 1853 and 18.15
there were no steamers in those localities, except those belonging to the
Hudson Bay Company, at Victoria, Vancoiiver Island, or British ves
sels of war, and the sight of a vessel propelled by steam was a novelty.
and always attracted my attention. It was not an unfrequent occurrence
to see a steamer leaving Victoria Harbor, passing around Trial
[95 1 Island, and disappear up de Haro *Straits, on its way to the Giilt
of Ceorgia, and the trading-posts to the North. The Steamers
Aiii,i,r..i. ,M, iiM referred to by me were without any doubt the Hudson's Pay
""•'''"'"' Conipan.y's Steamers Beaver and Otter, and I have no hes-
itancy in declaring at this time to have been one or the other or both
of those vessels. I have yet to see the lirst Steamer or Sailing vessel
come out of Victoria Harljor and go into Kosario Straits. After IS.'m,
at times there were American Steamers making trips between Olympia,
AVashington Territory, and Victoria,
In the spring an«l summer of 1858 1 made a number of trips to
Eraser's Biver from Victoria, and returned from there to Victoria, each
time going through Haro Channel and returning the same way. On
two of those trii)S to Eraser's Biver, I was accompanied by from forty
to fifty small boats and canoes, many of which boats piloted by Indians,
and old Hudson Bay Company bargemen, and discharged servants, hi
every one of those trips no other route was proposed than through llaro
Straits. At that time, and ever since, the Haro Channel was the recog-
nized route of travel from Victoria to the Gulf of Georgia, and to the
mainland of British Columbia at and above the mouth of the Eraser's
Kiver. All the Steamers to and from Victoria used that Channel, and
none other was spoken of or used either for sailing Vessels or Steamers,
K»<
RKPi:y OF THE UNITED STATES— APPENDIX.
173
Since 1S5S, I speak from positive knowledge, the Canal de Ilaro lias
boon exclusively iise<l in tlie navigation and commerce between Victoria
oil Vancouver's Island, and JJritisli Columbia. :^.iid the Northern Coast.
CHAJJLKS M. lilJADSllAW.
TllRlUTOKY OF WA8iriN(iTOX,
County of Thurtiton, s.s:
Defore me, Josej)!! N. Houghton, Clerk oi:' the Su|u'eme(.'ourt of sai«l
Territory, came Charles M. JJradshaw, who, being lirst duly sworn, did
depose and say that he had carefully read the foregoing statement, and
knew the contents thereof; that the same had been dictated by him; and
tbiit so much thereof as was stated from liis own knowledge was true,
aiul so much thereof as was stated on information he verily believes to
be true.
Witness niv hand and the seal of said Court this KUh day of ]Miirch,
A. D. 1872.
[SEAL.]
JOSEPH N. IIOUdllTOX,
ClcyJc Supreme Court, Waahiutfton Territori/.
■Ml
jDGj * Extract from the statement of Uriah Vt'/.son, nutde before the United
States Consul, residiuff at the Fort of Victoria, Van- ^,y, , „„ ,„«
conrer Island, March 18,1872, toiichinji the naritjation of '■'•"'' ■""'■
the Canal de Haro and Kosario Straits.
On this 18th day of March, A. D. 1872, personally appeared bc^fore
me, David Eckstein, Consul of the United States of America for the
Province of British Columbia, Dominion of Canada, lesiding at the
Port of Victoria, Vancouver Island, Uriah Nelson, who, being tirst duly
sworn, states as follows :
My age is forty-five years, my residence Victoria, Vancouver Island.
Since 185!) I have resided here part of the time, and the rest of the time
at Yale and Clinton, on the main-land of British Columbia. My occu-
pation is that of Merchant and Forwarding Agent. I am acquainted,
since the year 1859, with the course pursued by all classes of vessels,
British and American, plying between Victoria and ports or places on
the (xulf of Georgia and Eraser Hiver. The Canal de Ilaro has been
since 1859, and is now, universally used as the Channel by all Steamers
and Sail- Vessels, British and others, iu making trips between the above-
named points.
Since the year 1859 I have made about one hundred trips between
Victoria and New Westminster on the Eraser Kiver, as passenger, in
Hudson Bay Company Steansers aud others, and every time passed
through the Canal de Haro, iu going aud returning.
The Canal de Haro is iu fact the main Channel, and the only one
regarded as safe by Masters of Steamers and S.iil- Vessels, who are
acquainted with the waters between the Continent and Vancouver
Island.
URIxVH NELSON.
Consulate of the United States of America,
Victoria^ Vancouver Island, British Columbia :
I, David Eckstein, Consul of the United States of America, residing
at the Port of Victoria, Vancouver Island, do hereby certify Ami^it, », ihu
that on this 18th day of March, A. D. 1872, personally ap- """J""-"-
h.
w
mm
174
NORTHWEST WATER HOUNJtARY' ARIHTrfATIOX.
[07] iK'uri'd l)ofore mo *Uri!ili Nelson, atul niado oath and siibim-iihcii
to tlic tnitli of the, ibi'(';;roiiij«' statonioiits ; I fiu'tlicr certify tliat
tlie said I'riali Nelson is personally known t»/ Mie, and tliat lie is n
respectable and credible person, to \vl:o-;e representations full faitli an. I
credit can b(^ j:iiven.
In witness whereof I have hereunto set my hand and afli.\<'d tlic scul
of niv OHiee, the day and Near lirst above writt<'n.
[SEAE.| " " DAVID i:(MvSTI<:iN.
Lulled States ('ohkiiI,
No. i\2.
f i
.Krimrtfi of the report of the Voiiaije of de iJti:a,forir<(riled J)eeeinl>er '2'.K
ll\H,fro)n AV/» /.'/a.s', l)i/ Juan I'untoju y Arr'uaja. From a certijiethvi'ii
of the oyt(jiH(il Jiejntrt in the Jlj/droj/raji/ilcal Uureaii at Madrid.
El ol del mismo, como a las cinco de la maPiana, salio la laiKJia
armada en guerra, a las (trdenes <lel sej;umlo i)iloto J)" .losr
.i.ATm.V.yu,'.' V',!',!,. \'erdia con el tin de exi)lorar la boca <• interioi'cs del Cniiiil
de Lopez de Aro y a las 1(>A re^resc' con toda dilijiencia y
dio parte nl Comand"' de que no podia contiunar la Conunision al quo hi
liabia destinado por haberse visto sorprendido desde quo entroporci
Canal ))or muchas Canoas do Indios, a quienes so vio i)rccisado a hacd
fuego y <ino do haber seguido consideraba so exponia a perderso con hi
gento y laucha, pues adomas de la mucha Indiada quo habia concunidu.
veia concurrir mncha mas en tierra, echando canoas al aqua y al mismo
tiempo oyeron ou ella estruendo como de tambor,y en las Canoas andalni
lino muy solicito, animando y repartiendo znrrones de Hechas, con cuya
noticia y atrovindonto nos homos asogurado sor ciertolo que sns misinos
paisanos nos ban sigiuticado, y en la retirada echaron a pique una caiioa
grando, y mataron algunos Naturales de los que mas so empefiabaii
eii atracar la lancha por todas partes con gruesas lanzas, y los puutos
do hierro arpona«las. Eu vista do lo acaceido detornnnd el Comaiul '
esperar la Goleta para soguir el expresado reconocimiento, la que foudeo
proxima a nosotros ol 11 de Junio, y su capitan comunico al Comandaiitc
ser la entrada 6 boca do Carrascouu grande archiplelago de islas
[98] *pequefias (pie tieno do E'*" a O*'' Cleguas, y de N. a fS. 4 loguas, y
tienno en lo interior do la tierra dos brazos do mar de inetlia
legua do ancho que so internan mucho, doniorando el uno en el I*' cua-
drante y ol otro eu el 1° los cualos no pudo ex[>lorar mas que tres
leguas por habersolo impedido los fuertes teniporalos con copiosa Jluvia
que tuvo por espaci^ do doce dias, y que hallandoce sin viveres so \w
precisado a dejar la commisiou sin concluir y durante el dicho tieiupo
lo insultaron los Indios por ties ocasiones a quienes rechazd con la ar-
tilleria, tirando varios canofiazos al viento para sopararlos de la Goleta,
lo que en breve conseguia pues de haborlos dejado quo so emi)eriaseii
eu laacciou mariba la destrucciou tan grande (pie haria en ellos con la
metralla de los cafiones por venir numerosa Indiada en Miichas Canoas
juntas, demostrando ser muy guerreros y atr vidos y on lo que anduvo
vio ciuitro grandes rancherias y todas visten lo mismo «pie los de Nooa,
con .alguuo difereucia en el idioma.
El l4 de dho. Junio mando ol Comandante armar la lancha eu guerru
proveer la Goleta de 29 tiros para el canon y pedreros que Ueva mouta-
REPLY or THE UNITED STATES— APPENDIX.
175
ml
i»rii\('(l tlif seal
tlos (|ne soil sois y tiiitnl»'> una y otra coti troiiita liombres de mar y oclio
soldiulos lii'ibilcs y du «'spiritu do lo.s voluntiirios dc Cataluriii, y me cn-
ti('g(» el mando do la Comisiou, con «'l ohjeto de examinar prolijamento
ciiaiito eoniproiida el canal de JiOpez de Aro, y casti^uar a los Indios
sit'iiipie <iue MU'lvan <'M|niei'iin insnltarnos como lo hieieron con D" ,Ios<i
Vci'dia, y a las nneve de la manana nos laryamos con toda liierza «le
vela y con viento fresco de So. con el cnal nave;ii'amos la vnelta del 1"'
cuadrantc liaciendolos rnmbos convenientes ])ara entrarpor el canal do
liOpez do Aro, lo (pie consej;niinos a las I'^ i>or entre varias tiletas
y als'iinii'^ piedras <pu' tienno pni.ximas ii la costa, y on toda oncon-
traiiios mny recia corrionte la quo liacia remolinos tan jirandes (jue ]>ar-
ccia nave<ial)amos por un Jfio muy caudaloso, y liallandonos I'l las
II rebasados ontoramente, se<>uimos en vuelta del cnarto cuadranto
]>or ser la direccion (pie llova osto canal, ])or el cual nave<;'anu)s cou
viento fiosco del tercer cuadrante hasta las IL'} (pie rofrosc('> al;io mas,
por cava ra/on no ino era posdjlc se{?uir a la vela i»or lo mucho (pu» mo
sotaventeaba do la Goleta (cpie se liabia nuuidado tender la base) y por
lo iiiisnio los at'erre, y ecliando abajo los i)alos so^'ui al remo en su do-
maiida, haciendo mucha aj^ua (pre mo ontraba por la bor<la por estar la
nnir picada. La Goleta, uotandome quo nada podia ^ranffcar so
iiiiij puso a la (,'apa, y habiondo a la lA Uegado a su bordo, *mande
arbolar los palos, y largaudo las velas segni por la popa de
i('iiiol((UO do cuya conlbrmidad soguimos liasta las 8 do la tardo (juo
vioiulo se estaba poniendo el sol y no teniamos ya mas (ino voutoliiuis
y que por est<' motivo no podiauios llogar a uu fronton do tierra quo
iiabianios denmrcado on dondo nos parocia so conduia osto bra/o del 4^
cuadranto mo larguo al remo en ladomanda, y habiondo roconocido erau
(los bocas que sus direcciones iban la una al 1''' cuadranto y la otra al
o", retrocodi llegue a la Goleta a las lOi la cual estaba fondeada prox-
iina a tiera en I'O brazas de agua foudo lama, dondo paramos la noclie,
sinliaber visto en todo el dia mas que un Indio y varias hunmredas eu
el jjrande boscpie que Lay ii orillas de la playa de todo el podazo de
Costa, en dondo liicieron sus naturalos retroceder al piloto 13" Jose
Verdia.
Nota — quo el haber determinado el Comandanto saliese cou la lanclia
cu consorva con la Goleta ha sido con el lin do que tomasemos con las
dos embarcaciones las dos costas de este canal, por habor concebido
todos seria mucho mas angosto que el Estrecho, y siendolo i)udieramos
con mas pro)ititud concluir su reconocimiento, y por este concepto me
dio cuatro dias de termino, pero ha sucedido todo muy al coutrario, pues
nos hallamos en un imponderable archipielago de islas, con rocas y
bocauas, i)or cuya razon hemos determinado no sepeararnos, tanto por
<pie no serian capaces de eucontranos en muchos dias, cuanto por que la
lancha no es approjiosito para semejante comision en brazos tan anchos*
per ser muy pequena y no toner buque para aeomodar los necesarios
correspondientes al efecto, y asi hemos dispuesto siga la lancha por la
popa de la Goleta al remolque y que se ayude con sus velas cuando haya
viento y cuando este se calme pase i\ proa de la Goleta ii darle remolque,
y erto despesto me pase a la Goleta a ayudar ^ mis companeros, a hacer
las nuichas mareaciones, enfllaciones y rectificacionos que hay que
hacer, y en la tarde hemos dejado por la parte del O'® varias l)ocanas y
brazos formados al parecer de muchas islas que sus direcciones prometeu
alguna estension por ser tierras quebradas y rasas y sin verse por detras
serrania alguna, los canales no hemos seguido por haber comprendido
con bastante fundamento ser necesaaros imuchos dias, y traer noaotros
inuy pocos dias de termino, y tambieu por que en la uavegacion que
w
^np^
171
NORTHWEST WATER llOUNUAKY AI.'MITKATION.
■
m
homos Imm;1io ostii tardc avistamos i)or la baiida «lt'l IC'' iiii hra/o d,.
iiiiiclia mas ostcnsioii quo las hocas (|ne licmos rcbasado, y luoiiic-
iliaiido a i)iimeia \ i.->ta sor mnclio mas I'ltil s('<;>iir{'st*' i)()isii rstfii.
(100| *si()ii, lo licmos aconlado asi [)ara (|iU' Invno qiU' piiiiciitic d cic.
la'iscMilo del (lia sr<;iiir su (U'lnanda.
Kl !;■> del «li(;lio amanccio ol tiompo claio y el tcnalito boiiancilili' cU.]
Lcivantc, por lo tine a las tros do la manana iiosli'\amos y scyuiiiKtscon
^1 romolcjuc, ii la laiiclia y los oclio ivmos ii la (iolcta do la viicltii dd
E'" coil ol liii <U; iriios a])ro\imaiido al bia/o «'X|)i'osado on cuya distan.
cia licmos roconocido varios itromoiitoiios dc ticiia, scfiiiii siis cstrt'iiios
dtjmiH'straii scir {jfrandcs isjas. A las iios vimosprc'cisados adar Ibiido
])or liabor relrcscado el tonal dol K'*^ y lo ojocutamos on 11 bi azos dc
ajfua t'oiido canajo, jn'oximo a una piinta (pio i)ai'ocia toner una iie^iiiciia
entrada, y habiondomo lai'^i'ado I'on la lanclia, reeonooi nn bnon piuitii
aiuupio poipiofio pnos lo mas lar;^o do el tioiio una y media millas, y Id
mas anclio una, pero rosyuaidada do tudo vlonto y su iondo es dc ],;
hasta L* biazos arena tina y so lialla situado on lo mas sur do la isln dc
Sayas, y lo i)Uso ])uorto do San Antonio. A las !>A (ralmi) ol tonal, y
liabiondo lloj>a<lo a la (loleta como a las dioz do la manana, nos lovaiiios
y soguimos eon los romos do olla y ol romobpio do la lanoha la viulta
dol 1"^^' ouadranto liasta ol medio dia ii oatravosando ])or la boca do una
profunda onsonada, dimos Ibndoon olla on 18 brazos do aguaoascajjillo.
y luofjo sali oon la lanolia a rooonooorla, la oual tione do larjifo dc No,
SE. 7 millas (y on su Ibndo dos booas on ol 1^ y 4^ ouadranto, siondo
esta dol 4^ la quo ayor tardo rooonoeo j-iraba i)ara ol 1^) y do anclio -k.
y liabiondo a las .'} do la tardo conoluiclo ol mismo oxamon quo on tan
corto tiompo sopodia liacor nos lovamos y luogo quo la montamos, se
nos quodd ol vionto calma y soguimos con ol romolque do la lancha y los
remos do la Golota a atracar una punta salionte quo nos domoraba on el
primer ouadranto, lo quo consoguimos a las siote y luogo que la robusa
mos vimos ])or ol ouarto ouadranto un may grando y dilatado canal,
pues soguii lo claro dol horizonto so alcanzaba a vor mucba distancia.
y eu ol medio do ol so distinguia oomo a i)ordor do vista \\n
hr,^^!ZZ''r'Ln"\ poquouo corro, a modo do Pan d(^ Azucar, siondo advortoneia
<luo los ostromos d puntas do tiorra quo forman osto canal cs
sorrania muy olovada, cubiorta do niovo, al cual lo puso, on honor de
imostra Patrona, por ser el punto do mas consideraoion que hasta lo
prosonte homos desoubioi to El Oran Canal do N*™ S'" dol llosario, la
marinera. # ♦ #
El Hi de Julio ontro on este puorto y pasi) por nuostro castillo eon
las mochas oncendidas y gonto armada, ol Capitan Juan Ken-
,[101J *drique Uostonos, con bandora do su nacion, on la Balandra Wa-
siutou aparejada de bergantin, y se fu6 a fondoar al invornadero
voy.B.v.iK.niii.k que Hainan de Malbinas quo se halla tros loguas al N"' <!•-'
'"'"'•' estti ontrada, y grando puorto do Noca; siondo este indi-
viduo el queencontrd D" Estoban Martinez ol ano do 80 on oste mismo
invornadero, mandando la osprosada Balandra y la Fragata Columbia,
que ya tieno remitida dosdo Macao al l!^''^^ do America, a rrovincias
Uuidas. Al i)asar por el Castillo se le pregnnto con la bocina, qiiicu
era y de donde vonia, y rospondio no ontondor, por cuya razon, y sin
pordida do tiompo le pase olicio ol Comandante interno de este Estab
licimiento U" liamon Saavodra, «pie hasta la jirosente portenecia osta
tierra al dominio do N"" Soborano y quo por lo mismo no podia ontrar,
ui comerciar sin el dobido pormiso, y que dijese de donde venia y la
causa de ontrar en este puorto, i\ quo respoudio: de Macao con destiuo
de comerciar de toda la coste eu pioles <le Nutrias, y que luego que cou-
KKPLV OK TIIH TNITKI) STATUS APPKNDIX.
177
cliiycsc sii comisioii lu'iisiilm liirsiirse, lo quo voritlci'j el clia L'^, saliendo
;i 111 mar sin ]iasiir por el ('si.srillo piies lo ejecMiti* por el brazo «le ajfiiii
sahula <ine va por deiitro «le este jtuerto a la HahiaileBiiena ICsperanza,
iiup se lialhi 10 le;;. al N" de e.stii entriidii deXoca, qiietieue su eiitnula
(iboca al mar sobre la inismaeosta, siendo toda ella una ^ran isla, coino
til ol ad.jnnt(» piano se manitiesta, del niismo niodo que todo lo que se
lui descubierto, pues ]>ara ello el espresado piano va en Carta Ksterica
y comprende solo desde la punta de lJys.se hasta lo maa Sur del J'^stre-
(lio, con todos los int«'riores de la eosta que se ban reeonocido.
n
No. 03.
Eitmd ffom the Instntctinns to Commander George Vancourcr, hif the
CommisMioners/or executing the ojfiee of Lord Jliyh Admiral of Great
Britain and Ireland, d;c.
[yaneonrer''s Voyage, J. Introduction, page XA'I J.]
The particular course of the survey must dei»end on the dilVerent cir-
cninstancea which may arise in the execution of a service of v,n,,,.„v,., t„i.
this nature ; it is, however, proi)er that you should, and you ';';;,;;', ',!!! 'iVl ,;,"
arc therefore hereby required and directed to pay a ]>artic- »»'^'"""'"
uhu' attention to the examination of the sup|)osed Straits of Juan de
Fuca, said to be situated between 48° and 49° north latitude,
[lOli] and *to lead an opening throu{jh which the sloop Washington is
rejiorted to have passed in 1781), and to have come out again to
the nortliward of Nootka. The discovery of a near communication be-
tween any such sea or strait, and any river running into or from the
hike of the Woods, would be particularly useful.
If you should fail of discovering any such inlet, as is above nien-
tioiied, to the southward of Cook's river, there is the greatest proba-
bility that it will be found that the said river rises in some of the lakes
already known to the Canadian traders, and to the servants of the Hud-
son's bay company ; which point it would, in that case, be material to
ascertain ; and you are, therefore, to endeavor to ascertain accordingly,
wiih as much precision as the circumstances existing at the time nniy
allow ; but the discovery of any similar communication more to the
southward (should any such exist) would be much more advantageous
tor the purposes of commerce, and should, therefore, be preferably at-
tended to, and you are, therefore, to give it a preferable attention ac-
cordingly.
Xo. 64.
Extract of Voyage of Captain Vancouver.
Soundings in some places only could be gained close to the shore;
and in the middle no bottom had anywhere been found with s„ ,o.,n,i,ug, „p
100 fathoms of line, although the shores were in general n'-ronvanlouve,',
low, and not half a league asunder. — (Vol. 1, p. 240.) i. <.i «rrat j.,.th.
As we stood to the westward, our depth soon increased to fifteen
fathoms, after which we gained no bottom until we reached the western
shore of the gulf.— (Vol. 1, p. 299.)
12 D
>* -I
r
17K
NOinilWEST WATKU MOINDAWY AUItlTKATION.
No. <M.
Kxiractx from tliv miKtrlcs of Mr. Ihtnicl ]V(hNt(r In the Stuuiv of fl,i>
United' IStaUx, MarcliM, \>^Ui.
Tlio (Idvciiiiiu'iit of tilt' TnittMl {States lin.s lu'ver odcriHl any liii|.
south of fortyiiifu', (with thcuavij-atioii of tii«^ Cohiiiihia,) and it never
will. Jt bt'hoovi's all conct'inrd to regard this as a sottk'd iioint.
[10.'{j As to the navi<{ation of the Colinnbia, i)ernianeiitly or for a *teiiii
of years, that is all matter for jnst, reasonabh', and friendly ne;;(i
tiatioii. J>nt the forty-ninth i»aralh'l must be rej-anled as the general line
of boundary, and not to be depaited from f(U' any line further south. As
to all straits, and sounds, and islan«ls in the neighboring sea, all tliesc
are fair subjeets for treaty stipulation. If the general basis be a^Meed
to, all the rest, it may be presumed, nuiy be aceomplished by the exereisc
of a spirit of fairness ami amity. * * What I meant, and wliiit 1
said, was, that if 1!)° should be agreed on as a general basis, I wun
satisfied to negotiate about all the rest. iJut the gentleman from Ohio
and the Senate will do nui the Justitre to allow that I said, as plainly as
I could speak or put down words in writing, that England must iioi
ex[»eet anything south of 4!)^. 1 said so in so umny words.
No. GG.
Four Years in lirilish Columbia and Vancouver Island. Bij Commaniln
li. C. Mayne, A'. X., F. li. (i. S. London, ISGli.
The breadth of the Strait of Juan de Fuea, at its entrance between
Cape Flattery, its southern point ui)on American territory, and Boiiillii
point in Vancouver Island, is thirteen miles. It narrows soon, however.
to eleven miles, carrying this breadth in an east and northeast direction
some fifty miles to the liace Ivslandii. — (I*. 20.)
At the Kace Islands the Strait may be said to terminate, as it there
uiw r. Fu. u » opens out into a large exi)anse of water, which forms a i)lny
"""' ' ground for the tides and currents, hitherto pent up anion;;
the islands in the comparatively narrow limits of the (Jnlf of (leoi;ii;i.
to frolic ill.— 'Pages 21, 22.)
li 'I
li''
Facts and Figures relating to Vaiicower Island and British Columbia. Bij
'I. Despard I'emberton, Snrcei/o'- (i.ncral of Vancouver Island. Lm
don, 18G0.
Steaming for the fust time eastward into the Straits of Juan de Fiie:i.
the scene which i)resents itself to a stranger is exceedingly uovel
[104J and interesting. On his right hand is Washington *Territory, with
limit.,! extent ,.i Jt^ sHOwy mouiitaiu range stretching jiarallel to his couisi'
F,H.'.«truit9. fQj, gjxty miles, flanked with Mount Kanier and culminating
in the center with Mount Olympus. Of these mountains the base is
in some places at the coast, in others many miles from it. This raiifte
is occasionally intersected with deep and gloomy valleys, of which the
Valley of Angels is the gloomiest and most remarkable; and every sue
KEPLY OF Tlir. rMTKK STATK8 Al'I'KNDIX.
170
c iSoKitr of flu'
(ossioii of cIoimI iuiil sniisliiix' (liani^cs tlie pinioraiiia. On liis l<>l't is
ViiiHoiivt'i' Ishitid, in contrast lonUinu low, altlionjjii t'ven tlu'ni as lato
;is Jinio some spt'cks of snow may l>e dctectcil on distant inonntain
tops. Strai/j;Iit before him is the (lulf of (i(MMj;ia, stndtled with innn-
mciahle ishmds. — (T. S.)
A'it'tnria was selected by < Jov('rin)r Don^^las, whose intinnite ac(|innnt-
;iiico with tivery crevice in tin- coast oiijiht to carry considerabh^ weij;ht,
as "the site" in 1S4L', when he expressed his (!on(l<h'nce "that theie was
110 sea port n()rth of the ('ohimbia, where so numy advantajjes (;onhl be
(oinhiiied;'' an opinion whicli was conliinied by Sir (ieor}j;e Simpson in
Ills dispatch of .Inin} lil, IISIJ, in which lie states, ''The sitnation of
Victeiia is pecnliarly elij^ible, tlu? conntry and climate renmrkaidy line,
and the harbor ex«'ellent." And asain: ".Inne, 184(1. — Fort \ictoria
l»i'oiiiises to be«!onni a veiy important place." — (I'. ;")(>.)
No. 07.
lldmvt from a IcNer of N/r J. Pclbj, (iorernnr of ihe Ifiidson^s Jim/ Corn-
pony, io ihe Lords of the Coittmittee of I'rli'i/ CoHnvilfor Tratlc,
Hudson's 15 ay ILousk, February 7, 1838.
My Loiids: For nniny years previons to the <j;vi\ut of exclusive trade
to tlic Hudson's ]>ay Company, the trade of that coast was n^ nu,i..,„» il,v
tiijirossed by the subjects of the United States of America ArnnmyirJn' I'll.'
,111(1 Jiiissia, the oidy establishment occnpied by British """"i'
tnuki's bein<? "Astoria," afterward named " Fort (Jeorj^e," at the month
ill tlio Cohunbia Itiver, while no attemi)t was made, thron^h the means
lit ,slii[)ping, to obtain any i)art of the trade of the coast ; and so nninofit-
iibk' was it in the years 1818, 181!), 1820, ; 821, and 1822, and so ditticnlt
of management, that several of the leadinj; and most intelligent
10.")] ])ersons *in the conntry strongly recommeiuled that the Company
should abandon it altogether. The Company, however, felt that
tlio honor of the (HMicern would, in a certain degree, be compromised
^ure tliey to adopt that recommendation; holding as they did under
• iovcnnnent the Ijicense in question, and with a degree of energy and
tiitciprise which 1 feel assured your Lordships will admit reflects much
iTi'dit on themselves an<l on their otticers and servants in the country,
tlicy directed their eilbrts so vigorously to tliat branch of the business,
tliiit they compelled the American adventurers, one by one, to withdraw
IVoiii the contest.
The outlay and expense attending this comi)etition in trade are so
lieavy that the profits are yet but in perspective, none worthy of notice
iiiiving been realized, the result showing some years a trifling loss, and
ill others a small gain, fluctuating according to th«Ml<»gree of activity
witlh which the contest is maim lined.
Affidarit of W. E. Gray.
In a conversation had with Dr. John McLaughlin, while he was in
• barge of the affairs of the Hudson liay Company, (time 1 cannot state,
Kxcept 1 am confident it was before the news of the treaty of ISIG reached
Its,) Dr. McLaughlin said to me in relation to Captain N. Wjeth, who
-m
180
NORTHWEST WATER BOUNDARY ARBITRVTION.
left this country in 1S3G, "That if he (Captain AVyt'th) had not acccimd
his proposition for the purchase of his goods and Foits, the Companv
would have insiste*! on otlier means to get rid ot his (Captain Wyotii'si
competition in the fur trade." I have always understood this intimation
to mean th.at the Company would insist upon letting loose tluir Indian
or Aboriginal allies upon Captain Wyeth or any otlier American fnr-
trader that might presume to compete with them in the fur trade, tbc
same as I am fully satisfied they did in the case of a Mr. G. Smith, the
partner of Sublit & Jackson, in 1828. The Indians were informed tliat
in case they robbed or killed the Americans, the Company would noi
punish them or take any notice of it. Smith's party were, eleven of
them, killed, his furs received by the company, who paid a nominal price
for them, as per testimony of G. L. Meak, Hudson's Bay Company, V,
S. U. S.
[10«)J 1 solemnly swear that the flrst part of the foregoing state*nieiit
is true, and that I believe the latter part to be true. So help me
God.
W. ir. GRAY.
Subscribed and sworn to before me this Sth day of April, 18*
[L. S.
A. VAX DL SEN,
Notan/ VuhUcfor Claisoj) County, IState of Orefjm.
lint' thnmali tliH
.'hiuint'l used by Vtm-
cnn\ IT.
Extract from a letter of Sir J. FeUy, Governor of the Jlxftsoii's llmj
Company, to the Earl of Aberdeen. [FreciHe date not atatcd, hut frm
internal evidence certainly later than May 1(5, 184G.J
1 have been considering the subject on which I had the honor of ((Hi-
versing with your lordshij) on Saturday last, [May JO, 184ii.
r„„!lLn,y' wJ, til and feeling that, in the multiplicity of business which coims
I'n'm iiV'Tumuiury bcforc your lordship, some i)arts may have been overlooked.
or that I may not have been sutticiently explicit, 1 Iiavt-
thought it advisable to trouble you with a few lines.
In the first place, I assume that the f(nty-ninth degree of latitudi',
from its present terminus, will be continued across the continent to tin
waters known as the Gulf of Georgia, and be the line of deniarkatioii ni
the continent between Great Britain and the United States.
The next question on which the government of the two countries will
have to decide will be as to the islands abutting on and in tin- (lull' ni
Georgia, vi/-, one, Vancouver Island, intersected by tiie paralh^l ot 4H ,
and others which are wholly on the south of that ])arallel. With resiun i
to the former, I think upon the principle of mutual convenience, (ami
which I think should form the foundation of the treaty,) Great Uiitain
is entitled to the harbor on its southeasteml,beingtheo«/// good one, tlmsi
in Puget Souiul being given up to the United States; tliat with res|it'{t
to the other islands, the water demarkation line should be from tin
center of the water in the Gulf of Georgia in the torty-nintli <le;;ni
along the line colored red, as navigable in the chart made by Vaneouvii.
till it reaches a line <liawn through the center of the Straits of -liiaii ilf
Fuca.
m
RKI'LY OF THE UNITED STATES APPENDIX.
181
101
*N(). 08.
. ir. GKAY.
8n\-
i Ih.'
MriiHi'Mii u'l-tht'
A iiHTn;itl to [liir.f
on the chiiiiut'l iis»'il
hy V,iiir..iivt'i' ;i-i lli»'
biiiuiit;iry.
Mr. Crampton to Mr. Bm-hnnan.
[Extnict.]
Wasiiingj'cjn, Jttniiari/ \:\, IS4S.
]]d\ ill iT;;iinl to tliis jtortioii of the bouiuliiry line ii in-olimiiuiry
ijUf'stion iiiises, which turns upon tlio interpretation of the ,,,.• iirii,-i
tiviity, rather tlian upon the result of local observation an<l
>iu'vey.
The convention of the l.^th June, IStO, declares that the
line sliall be drawn throujih the middle of the "channel" which sepa-
lati's the continent from Vancouver's Island. And upon this it may be
;i«ilced what the word "chaiuud" was intended to mean.
(roiierally si)eakin<4", the word " channel," when employed in treaties,
iiiians a deep and navigable channel. In the present case it is believed
(liiitoiily one channel — tha-t, namely, which was laid down by Vancou-
ver ill his chart — has in this part of the gulf been hitherto surveyed
,1,1(1 used; and it seems natural to suppose that the negotiators of the
Dicyoii convention, in employing the word ''channel," had that i>artic-
liliir channel in view.
If this constru(;tion be mutually adopted, no preliminary diHiculty
will exist, and the commissioners will only have to ascertain the course
i»t' the line along the middle of that channel, and along the middle of
rlio Straits of Fuca down to the sea.
It is, indeed, on all accounts, to bo wished that this arrangement
Mioiild be agreed upon by the two governments, because otherwise
much time might be wasted in surveying the various intricate channels
IbniitMl b\ the numerous islets which lie between Vancouver's Island
.111(1 the nuiin-land, and some ditticMilty might arise in deciding which of
iliosc channels ought to be a(h)pted foi" the dividing boumhiry.
Tilt' main channel marked in Vancouver's (ihart is, indeed, somewhat
Moarcr to the continent than to \'ancouver's Island, and its adoption
would leave on the llritish side of the line rather more of those small
isli'ts with which that part of the gulf is studded, than would remain
'111 thi' American side, lint these islets are of little or no value.
JOHN F. ('!;a:mi»t()N.
lion. James UrciiANAN.
HIS!
*.\o. VM
Hxfracf from AiJ(l!t!int((l I iisf ructions to ('djttain l^reroxt.
FdKEIGN ()1 riCE, A'(C»j/yf>' 1*0, 1
If. however, the commissioner of the I'nited States will not
the line along ]\osario Strait, and //", on a detailed and
accurate survey, and on wei}>bing the evidence on both sides Hrm,,..,!
'»t the (inestion, i/ou .sliotthi he of oitinion tlidt the cJaiins of "mi'-.i'ii"
llir Mdjestifs i/orernment to ronshler Jiosdrio Strait u.s the
chdnncl inilivatcd by the words of the treaty cannot he snhstantiat'
«<)iild be at liberty to adoi>t any other intermediate i'haniu'l wlii(
iiiiiy ilis(M)ver, on which the United States commissioner and yi
may agree as substantially in a(.'coi'dance with the descri|>tion
treaty.
Ca]itain FuEVOST.
S.")(;.
adopt
nt.'h iriiv-
III lilt' *o-
tHriM HI* ttn'
;^ you
•h you
>iirself
of the
(
Ir*
182
NORTHWEST WATER BOUNDARY ARBITRATION.
No. 70.
Captain Prevont to Mr. Comphrll.
[Extliicth.]
riEit P.RiTANNU* Majesty's Ship Satellite,
kSimiahmoo Bay, Gulf of Georfjia, October L'S, l.s,')7.
4, By a careful consideration of the wording of the treaty, it
wouhl seeiu distinctly to provide that the channel •lit-ntiiiMcd
should possess three characteristics: 1st. It shouhl sejia
rate the co»//ne?if from A^ancouver's Island. 2^\. It should
admit of the boundary lino being carried through the muhlle of it in
a southerly direction. .3d. It should be a navigable channel. To tlussc
three peculiar conditions the channel known as the Ilosario Strait most
entirely answers.
5. It is readily admitted that the Canal de Arro is also a navioahlc
channel, and therefore answers to one characteristic of the channel of
the treaty.
Admiral Prpvn
fui the rl.aniu'l ot t
treaty.
November 0, is,";:.
The Canal de Ilaro, or Arro, is undoubtedly the navigable chaiiinl
which, at its position, separates Vanc!)iii'cr\s Inland from the contimnt.
and therefore, while other channels exist more adjacent to the contiuciir,
cannot be the channel which '• separates the con tinent from Vaneoum'n
Island:'
[109] * November 21, 18.-)7.
7. With reference to your remarks upon the map drawn In
" Charles I'rouss," * * i beg you to understand me that 1 do imi
bring this map forward as any anthoritu for the line of boundary. * '
I will at once frankly state how far I am willing to concede, l)iit
beyond what I now offer I can no further go, l\\ contemplating your
view that all the channels between the continent and VancouvdV
Island, from the termination of the Gulf of Georgia to the eastern tci
mination of the Straits of Fuca, are but a continuation of the channel
of the Gulf of Georgia, I see a way by which -I can in part meet yom
views without any gross violation of the terms of the treaty. 1 nin
williuj^^ to regard the space above described as one channel, havinjr'*"
many ditterent passages through it, an«l I will agree to a boundary lim
being run thnnu/h the '•^ middle'^ of it, in so far as islands will permit.
'II
No. 71.
Mr. Edward Everett to Mr. Campbell.
[Extract.]
lios'iON, May 2i>, IS"*-"
As the radical i>riiu;iple of the boundary is the forty-ninth tlegnt'ii
Mr KTtt .„,!,. latitude, and the <ndy reascm for departing from it was to
'''"'"'"'"'""'" give the wliole of Vancouver's Islaml to the party aiMjniiiii!.'
the largest part of it, the <h>tlection from tin? lorty-ninth degree soiitli
ward shouhl be limited to that object, and the nearest channel adopttil
which fulfllls the above conditions.
EDWAKl) EVElUn"
Archibald Cambhell, Es(|.
REIM.Y OF THE rXITED STATES APPENDIX.
1S3
No.
72.
lintli (Icijn'C
Mr. Camphell to Mr. Gas.i.
[Extracts.]
WASHiN(rTON City, February 10, 1858.
Captain I'revost finally proposed sn(!h a compromise as would tlirow
within the territory of the United States all the islands
A\{\\ but *Sun Juan, the laraost and most valuable of Mr.r.'nu'.hl.ii'.'m'th'.-
the group. Jieing lully satisfied, irom my own obser-
vation, that the Canal de Ilaro is the main channel, and consequently
•tlie channel" intended by the treaty, and being supported in this
opinion by indisputable contemporaneous evidence of the highest otticial
(liiu actor, I declined to accede to any compromise.
U. S. Northwest Boundary Commission Camp,
Sintiahmoo, Forty-ninth raraUcl, i^cptembcr 2o, 1858.
rractically it can make no dift'erence whether the main channel be
adopted as " the channel"' intended by the treaty upon the " generally
;i(liuitted princii)le" recognized by Mr. Crampton, ana assented toby
I'd' Majesty's government in 1S48, or whether the Canal de Ilaro be
ii( ':'t.(l 01! the jiroof of contemiioraiieous evidence that it was proposed
I'"- fit iritish government, and in good faith accepted by the United
tali rt as the boundary channel. In either case the Canal de IJaro would
lie tlie boundary channel. In advocating it with Captain Prevost, I did
not confine myself singly to either of these sntticient grounds, but main-
tained both, with others equally forcible and tenable.
Under the mere letter of the treaty', without any knowledge of, or
reference to, the motives which induced the adoption of the water
Ifoiuidary, " the channel which separates the continent from Vaiuou-
vt'i's Islaiid" may fairly be construed as follows :
1. As ^"the channel," that is, the main channel, if there be more than
one. And this is the view taken by nautical men generally, including
otiieers of our navy whom 1 have consulted in reference to the language
of tlie treaty.
-. The channel nearest to Vancourer's Island, without regard to its
size, so that it :s navigable; the proviso to the first article requiring
lliiit the nnr-'iniiiii of sai<l c lannel sh-ill be free and open to both juir-
ties. If [\ '>;i 1 V..)cn intended to mean any other channel than that
iieare.sL ;. >• •> .*^ Island, that island need not to have been men-
tioned at all, X. r i-'Icrred to, '- the channel whi(;h separates the conti-
nent fioni th ~ u;!''; jlago east of Vancouver's Island," or "the channel
iiearcsf the cciiii', Mil," would base been the proper descr ption of the
'•ii.iiiiit'l now claimed liy the Ibitish commissioner uiider "t le peculiarly
I'l'ecJM' and dear" language of the treaty.
•>■ I'lMHi the internalional ground that islands -uo natural append-
ages to the continent, and that, iinh'ss otherwise agreed, all
lllj *th<' islands between the continent and N'ancouver's Island east
of tlie nearest Ui'vigabh channel to \'aiicouver\s Island pertain to
.♦i't);,.; Mt.
til
<■ ;•
'"' < aw;] de Ilaro would be the channel under either of the above
lefrituiiat. . . ; r.^sof the treaty.
l>iit leaviM^ the mere letter of the treaty, and referring to the history
<>t the negotiation to ascertain the cause which prevented the United
States arid the British government from agreeing upon the prolongation
■^'11
'^:l
M
w
184
NOUTHWEST WATER BOUNDARY AR15ITRATI0N.
of the forty-iiintli i)arallel to theoceau, it will be foiiud that the soutlicm
end of Vancouver's Island was alone the stumbling-block. The British
government refused to concede it to the United States, fourJifths of tlie
island being north of the forty-ninth parallel; and the southern end,
with its harbors, being the most valuable portion. The United States,
considering the disadvantages of a divided Jurisdiction of the island,
and the probabilities of difficulties arising therefrom, reluctantly yielded
it. This was the sole object in deviating from the forty-ninth parallel,
and reduces the water boundary to a very simple question. It was a
second compromise line. Divested of all (piibbles, the meaning of the
treaty is that the forty-ninth ])arallel shall be the dividing line between
the territories of the United States and the British possessions until it
reaches "the middle" of the nearest natural boundary to Vaneoid-er's
Island; and thence the line shall be run to the ocean by the nearest
natural boundary, in such a direction as will give the whole of Van
couver's Island to that power upon whose side the greatest jiortioii
would iall by the prolongation of the parallel to the ocean.
AKCIIIBALD CAMPBELL,
('ommLsniontr Northtrestcyn Binoulari/ Svrfey.
Hon. Lewis Cass,
Xo.
«o.
fMl
mi
LoviJ John liKsscIl to Lord Lyons,
[Extracts.]
FoHEiGN Office, Amjust 2i,lS^>*X
The Earl of Aberdeen, to whom I have referred, informs me tliiir
he distinctly remembers the general tenor of his conversation with
fll2| ]Mr. jMacIiane on the subject of the Oregon boundary, and it *is
certain that it was the intention of the treaty to adopt the
.■r.,r,','.-.,t'''ImK..uH?^ vi ulcka iinel of the straits as the line of demarkation, without
;!."n!.Tti.V'''li",',,rl!' any reference to islands, the i)osition, and, indeed, the very
existence, of which ha'l hardly, at that time, been aecii-
rately ascertained ; and he has ik> recollection of any mention hav-
ing been nmde during the discussion of the Canal deilaro, or, indeed.
auv other channel than those described in the treaty itself.
i also inclose a memorandum drawn u)) by Sir Eichard Pakenhani.
the negotiator of the treaty of 1840. * ♦ *
The adoption of the central channel would give to Great Britain the
island of San Juan, which is believed to be of little or no value to the
United States, while much importance is attached by British colonial
authorities, and by Her ^Majesty's government, to its retention as ade
pendency of the colony of S'ancouver's Island.
Her JVlajesty's government must, therefore, under any circumstances.
maintain the right of the British Crown to the island of San Juan. The
interests at stake - i connection with the retention of that island are toi»
important to admit (»f couipromise, and your lordship will consequently
bear in mind that whatever arrangement as to the bouiulary line is
finally arrived at, no settlement of the question will be accepted by Her
i>Iajesty's government which does not provide for the island of Smii
Juan being reserve<l to the British Crown.
J. BUSSELL.
LoHD Lyons, tCc, dr., dc.
REPLY OF THE UNITED STATES — ArPENDIX. 185
Sir Richard Palenham on the Watet' Boundary under the Oregon ireaiy
of 1840.
1 have examined the papers put into my hands, by ^[r. Hammond,
relating to the line of boundary to be est.ablished between the ;<„ „ r.„^^,M,„,
British and the United States possessions on the north- ';,'.„'*;';', ;',:"',•;» j};;:
west coast of America, and 1 have endeavored to call to mind 'i''"'"^i"«i«""»)
any circumstance whicli might have occurred at the time when the
Oregon treaty was concluded (15th June, 1810) of a nature either to
strengthen or invali«late the pretension now put forward by the United
States (Jommissioner, to the eft'ect that the boundary contemplated by
the treaty would be a line passing down the middle of the channel
(113 1 called Canal de llaro, and not, as suggested on the part *of
Great liritain, along the mid<lle of the channel called Vancouver's
or llosario Strait, neither of whicli two lines could, as I conceive, ex-
actly fultill the conditions of the treaty, which, according to their literal
tenor, would re<|uire the line to be traced along the middle of the chan-
nel (meaning, 1 presume, the whole intervening si)ace) which sei)arates
tlio continent from X'ancouver's Island. An«l 1 think I can safely as-
sert that the treaty of l.'itli June, 1840, was signed and ratitied with-
out any intimation to ns whatever, on the i)art of the United States
(iovernment, as to the ]>articular direction to be given to the line ol
lioundary contemplated by article I of that treaty.
All that we knew about it was that it was to run "through the middle
of the channel which sei)arates the continent from Vancouver's Island,
and thence southerl.y througli the middle of the said channel and of
Fuea's Straits to the Pacific Ocean."
it is true that in a disi)atch from ]\[r, ^racLane, then United States
minister in London, to the Secretary of State, ^Nlr. Buchanan, dated JSth
May, 1840, which dispatch, however, was not made i)ublic until after
the ratification of the treaty by the Senate, Mr. MacLane informs his
government that the line of boundary about to be ])roposed by Jler
Majesty's government would " lu'obi.bly be substantially to divide the
territory by the extension of the line in the parallel of 41P to the sea,
that is to say, to the arm of the sea called Birch's Bay, thence by tin*
('anal de Haroand straits of Fnca to the ocean."
It is also t'ue that INIr. Seinitor Benton, one of the ablest and most
zealous advocates for the ratification of the treaty, (relying, no «loubt,
on the statement furnishetl by ]\Ir. ^lacLane,) did, in his si>eecli on the
subject, describe the intended line of boundary to be one passing along
the middle of the llaro channel.
l)Ut, on the other hand, the I'iarl of Aberdeen, in his final instructions,
dated 18th ^lay, 1840, says nothing whatever about the
Canal de llaro, l)ut, on the contrary, desires that the lini^
might be drawn " in a southerly direction through the cen-
ter of King George's Sound and the Straits of l-'uca to the
Pacific Ocean."
It is my belief that neither Lovii Aberdeen, nor 3Ir. ^MacLane, nor ^Nlr.
Hiichanan possessed at that time a sufficiently accurate knowledge of
the geography or hydrography of the region in ((uestion to enable tiiem
to define nune accurately what wsis the intended lino of boundary
nil I than is expressed in the words of the *treaty, ami it is certain
tliat]\Ir. liuchanan signed the treaty with Mr. MacLane's dispatch
iiefore him, and yet that he made no mention whatever of the "Canal de
llaro"' as that "through whicdi the line of boundary would run. as
iMiderstoud bv tlu^ United States government.''
u.
I'fikHrihiirn
l.i.r.l Al.-
tTilfr-n''* iii^lnictiofi
luf ^iipi>rt-<,iri« tiiH
il.->i mi'iciii III' ti.i-
I li;iiiiii-l.illiii-tri-iilv.
i •■: P I
M
1-Jj
-. ill
¥
'Kffl ..«'•:
18(;
NORTH WKST WATER IJOl.'NDAKV ARBITRATION.
li
It !
,My own dispatch of that j)oriod contains no observation whatever of
a tendency contrary to what I thns state from memory, and they, tlim-
fore, so far, pleac! in lavor of the accuracy of my recollection.
No. 74.
Afr. Caxs to Mr. Dallas.
Dei'Artmknt of State,
Wa,shin(]toH, October 20, 18.")I>.
Sir :*******
The words of the treaty are "through the middle of said channel and
M, . M. .„, ,i„ of Tucii'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 tlie
sliortest and the best way. Jn the present case this is the Canal dc
llaro, which is, undoubtedly, the broadest, the deepest, and the shortest
route by which the Straits of Fuca can be reached from the point of dc-
flection. This ])re-eminence was given to it by De Mofras as long ii<;o
as 1841, and it has been fully confirmed by subsequent surveys. Tiio
Canal de llaro may, therefore, be fairly regarded, from its own intrinsic
merits merely, as the main channel down the middle of Mhicli the
treaty boundary is to ])ass to the Straits of Fuca.
It is the only channel, moreover, which is consistent with the jMirpos):
of those who negotiated the treaty, for it is the only chatmel which
separates Vancouver's Island from the continent without leaving sonic
thing more to (ireat IJritain south of the forty-ninth parallel than the
southern cape of that island. The Jlosario Channel, claimed by Captain
Prevost, would surrender to (heat Britain not only Vancouver's Island,
but the whole archipelago between that island and itself; while
jll5| the middle channel, which is *proposed as a compromise by Lovi
John Eussell, would, i ' like manner, concede the important island
of San Juan.
These considerations seem to be almost conclusive in favor of the
Haro Channel. IJut they are abundantly confirmed by evidence con
temporaneous with the negotiation of the treaty. The description given
by J\lr. MacLane, immediately after he had an interview on the subject with
Jiord Aberdeen, of what the British proposal would be, has already been
mentioned, and carries the line in so many words down the Canal de Hani.
Equally clear is the statement 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 better acquainted, perhaps, than
any other member with the geography of the region in dispute, llis
construction, therefore, of the treaty, at the very time it was before the
Senate for ratification, is entitleil to no inconsiderable weight. On
that occasion he said: "The first article is in the very words which 1
myself would have used, # * # and that article constitutes
the treaty. With me it is the treaty. # * # r^\^^i j,.i.,.j,t
question was that of boundary. # # # # ^,\h(in
the line reaches the channel which separates Vancouver's Island from the
continent * * * it proceeds to the middle of the channel,
and thence turning south through the channel de llaro (wrongly written
[OX.
REPLY OF tup: UNITED STATES — APPENDIX.
187
m whatever of
nd they, then-,
'tioii.
TK,
bvr 20, 18o!».
*
(1 channel and
iiaiily, aiul in
aiices, t lie way
would be tlie
the Canal dc
d the shortest
le point of do-
as as long a^o
surveys. Tlio
own intrinsic
of which tlic
h the j)urp()sc
ihannel whicli
leaving some-
allel than the
ed by Captain
mver's Island.
[ itself; Mhilf
Jinise by Lor'i
portant island
favor of tk'
nidence con
liription given
e subject witli
1 already been
ianaldellaro.
lie proposition
of the Senate
perhaps, tlian
ilispiite. His
•as before tlie
weight. On
jrds which 1
le constitutes
The great
* ^Vlicu
land from tlie
the channel,
ongly written
Ano in the maps) to the Straits of Fuca." Mr. IJuchanan, who signed
the treaty, was eipially explicit in his understanding of this part of it.
On the 28tli December, 1840, Mr. Bancroft having written to him on
the subject from London, he inclosed to him a traced copy of Wilkes's
Chart of the Straits of Arro, and added in his letter: "It is not prob
able, however, that any claim of this character will be seriously pre-
ferred by Her Ijiitannic Majesty's government to any island lying to the
eastward of the Canal de Arro, as marked in Captain Wilkes's ma]) of
the Oregon Territory." ]Mr. Bancroft, who was a member of President
Polk's Cabinet when the treaty was concluded, wrote repeatedly to Lord
Palnierston after receiving this chart, and lUiIformly described the
Straits of Arro " as the channel through the middle of w hicli the bound-
ary is to be continued." * * # rJ^^^^^ Canal de Ilaro, then.
as being the best channel leading from the point of deflection to the
Straits of Fuca ; as answering completely the purpose for which the de-
flection was made ; as being the only channel between the island
illO] and the main-land *which does answer this purpose, and as being
supported, also, by a large amount of personal testimony coii-
teini>oraneou8 with the treaty, must fairly be regarded, in my judgment,
as the treaty channel.
Nor are there any important dilliculties which seem to nie to be neces-
sarily in conflict with this conclusion. Lord John llusseli, indeed, says
that it is beyond dispute that the intentions of the British government
were that the line of boundary should be drawn through Vancouver's
Channel. But this assumption is wholly inconsistent, not only with the
treaty itself, but with the statements both of the Earl of Aberdeen and
of Sir Richard Pakenham. Lord Aberdeen declares that it was the in-
tention of the treaty to adopt the mid-channel of the styaits at the time of
deniarkation, without reference to islands, the position of which, and
indeed the very existence of which, had hardly at that time been accu-
rately ascertained; "and he has no recollection of any mention having
been made during the discussion of any other channel than those described
in the treaty itself." Sir liichard Pakenham is still more explicit.
'• Neither the Canal de Haro nor the channel of A'ancouver," he says,
'•could, as 1 conceive, exactly fulfill the conditions of the treaty which,
according to their literal tenor, would require the line to be traced along
the middle of the channel, meaning, 1 i)resume, the whole intervening
space which separjites the continent from Vancouver's Island." He
ailds further, that he has no recollection whatever that any other channel
was designated in the discussions than that described in the language
of the treaty. Surely tliere is nothing in this testimony which supports
the statement of Lord John Kussell that the channel of Vancouver was
the channel intended by the treaty; but on the contrary another and
entirely ditt'erent channel is suggested as that which the convention re-
qiiiies. After these statements of Jiord Aberdeen and Sir llicliard
I'akenham, the JJosario Channel can no longer, it seems to me, be placed
ill competition with the Canal de Uaro. Whether the latter is the true
channel or not, in the opinion of the British negotiation, it is <]uite cer-
tiin, by the concurrent testimony of both the American and British iie-
jiotiators, that the former channel is not. In respect, moreover, to the
Canal de Ilaro, the other considerations to which I have referred appear
to me to quite outweigh the mere want of recollection of Lord Aber-
deen and Sir Itichard Pakenham, or their general impression at this time
as to what is retpiired by the literal language of the treaty.
1117] *There is one allusion in Sir Kichard Pakenham's memorandum
to whicli 1 think it right to call your sj)ecial attention. It is the
r,f^s
iinHMiH'
188
NORTHWEST WATKU lUJlXDAHV AKIJITKATIOX.
ret'orciHHi which he makes to liis tiiial iiistiiietioiis from Lord Aberdeen,
(lilted iMay IS, IHKJ, and describing tlie boiiii(hiry line whieli he was
authorized to propose to ]Mr. J»uehaiian. These iiistruetions were
shown by Lord Napier to Mr. Campbell, and aeeordinj; to his cleai
recollection, the description quoted by Sir Jiichard rakenhain Avas
followed in dispatch by these words : "Thus yivinji to Great Uritain
the whole of \'an(!ouver's Lsland an»l its harbors.'' This places beyoiid
controversy the object whi<;h was intended by detleotinj*' the treaty
boun<biry south of the parallel of MP, and ou<iht to have };reat weijilit,
uudoubtedly, in determining;- the true channel from the point of detiec-
tion to the Straits of Fiu-a. * * *
LKWLS CA8S.
<iEOR(}K .M. Dallas, Es«|.
My
No. 75.
Lord 'John liusficll to Lord Li/ons.
[ Extracts.]
FouEKiN Office, />ea'»ji'e** 1(5, 18.">1».
Lord : Li i)ointinj; out, therefore, to your JiOrdship that in what-
ever manner the (piestion was ultimately settled. Her ]Majes-
iM«,'r iu'''rH.','j''\io''^ tv's covernment could not vield the island of San Juan, Iler
nut (liiilii till" Ml- Vr 'it i *'i«i'." 1 1"
,„iiP,iitnH«ri..i,sti>. jNlajesty s government were, by implication, abaudonnij;' a
huge part of the territory they had claimed, and were meielv
insisting on the retention of an island, which, from the peculij'.rity ot
its situation, it was impossible for Her ]\Lijesty's government to cede
without compromising interests of the gravest importance.
* * * The fact is, that, by the instructions with which Captain
Prevost was furnished, he was authorized, in case he sUould be ot'
opinion that the claims of Her IMaJesty's government, to consider the
Jlosario Strait as the channel of the treaty, could not be sustained, to
adopt any other intermediate channel on which he and the Unit'^l States
commissioner might agree.
jll8| * * * *SirK.rakenham seems to think that the conditions of
the treaty would obtain their most exact fnltillment if the line
were carried through the Douglas Channel.
* * * Or, again, if it would be inconvenient to both uations to
have five or six islands partially divided between them, would it not he
fair and expedient to look for a channel which shall be the nearest
approximation to that line, midway between the continent and tlie
island of Vancouver, which is designated by the treaty ? And if Doiij;-
las's Channel fulfills this condition, is it not the line most in accordance
with the treaty, as well as with general policy and convenience .'
* * * If I noti(!e (ieneral Cass's allusion to the letters wliicli
he says Mr. Bancroft repeatedly wrote to Lord ralmerston
in isis, it is only for the purpose of i>lacing on record what,
no doubt, Mr. Bancroft <luly reported to his government at
the time, viz, that Lord Palmerston gave Mr. Bancroft dis
tinctly to underst.ind that the British goveri.ment did not
accpiiesce in the pretensions of the United States that the boundary line
shouhl be run down the Haro Channel. * * *
J. KUSSHLL.
Lord Lyons.
I.01.I .1. RH.f.n
.iOfs iiiin'tiit' ti> t hi-
Ir) ul'T;lf inn ^^i hi;*
'twtt !iihnini'*trntinn
II' IM4M. I.iinl I'liliii-
•Ttttini jiiivf the Hf-
i|i|.r-*v'-lli fill rJilcilrf.
)r(l Abi'idccii,
whifh he was
•iic'tidiis wore
; to Ills ck'iii
ikeiilmiii Avns
[Jrejit Ihitaiii
)li>ct's bevniid
liH till' treaty
yrcat weifilit.
Diiit of (U'tlcc-
REPLY OF THE UNITED STATES — AI'PIONDIX.
No. 70.
180
Cmtkd States of Amekica,
Depart iiieut of State.
To all to whom these presents nhnll come, Oreetimf:
1 certity that tlie paper luMvto aiinexetl is a correct copy of the Stuto-
iiiciit furnished by tiie A(;tiii^' Siiperiiiteiideiit of the (jeii.siis, of tlie
let urns of the Ninth Census, from the "disputed" Ishuuls in tiie County
ot Wliateoni, Territory of Washington. In testiaiony wliereof, 1, Harii-
ilton Fish, Secretary of State of the United States, liave hereunto
siibscrilu'd my name and caused the seal of the Department of State to
he allixe<l. Done at the City of Washington, this twenty-ninth «b«y of
Maicli, A. I). 1.S7L*, and of the liidepemleuce of the United States of
America the ninetv-sixth.
HAMILTON FISH.
■i ('
^^mi
[1101 Abxtracl of ihv irtiirnxat the Xiuth Ceiinui, from the " dixpiited" ixlandu •iti"i»'i;"ini'"ii.,( ii>e
■ ,l' /. i *• ifl 'r» 'J ^* II' I • H:irn iirrllipi-lii^'l llmrt*
(■/( the Cuiiiiti/ of H'hatcom, Tvrntonj of IVasluiiyton.
tiMii t\vi)-ihirilH Aiut^rh-
ran.
%\
er \\\, IS.VJ.
hich Captain
sUould be of
consider the
sustained, to
Unit'^l Stati's
I conditions of
lit if the line
Xaiiirs of islands.
r.lakelf.v
iNciitiir
llciiiy
Li'|it'z
ilrciis
Sim .Jiiim. fxcliidiiiji' i\w Eii;;H.sli and
Anil i-icaii jjarfisoiis.
Slww'n
■^li'Milaii
Sti'MMTl's
Wiililrmi
I'*
1. >. i
v,-,i
1
4
I
ay
(6)0))
(a)l
I
(a) I
i
c3 5
4,— .^•
1
.)
1
;>
31
(«)1
(n)l
4
c*- -
— -^ "r* 5
I1W.3
SI
C.2
18
U
35
- ? -= 1 ^'
S" 3 £ c
>. . a 1
si c s .s =
« -5 *- .5 ,
a =55- -f
4
l(i
ill
•o a ti ■« V
3 at? g -
a -j; :; ^ =c
3 r'-' i a
^- ./ « ^ ^, i
a
1
f
Total.
184
CU
jri
47
n
Lh nation.^ to
ould it not 1m>
the iieaic-^t
iient and tlio
And if J)ou<i-
u acconbiiK'c
deuce !
letters whidi
d Palmerstoii
record what,
overninent at
Bancroft tlis
iineiit did not
boundary line
RUSSFLL.
(a) Iiuliiin,
(h) Inclll '..;;;; -J Cliiiicsc
;i2i)| *CHARTS AND MAPS TO MEMORIAL AND REPLY.
See pa'/e 17.)
■ j)age 1.5.)
'^W'
i
)
1 1
i.
'J
'i
1
190
NOKTHW'KST WATKR HolXDAIlY AI{l5ITHATION.
7/. Lithograph of (I. S. ('oast Survey Map of Washiiifjton Hound ami
Aj)pr(>ach»'s. {See cud of flit: rohnnr.)
J. Iiitho;;raph of .Map of <h' llaro. I7!>(>. {Sea end of the rohimc.)
K. liitliojiraph of Map of I'jiiza. IT'.M. {See end of ihe volume.)
L. Litiioj-raph of Spanish (.'hart published in ITD.l. {See end of Ih,
mhnne.)
M. Cross Sections of llaro and Hosario Channels. {See page l.'?0.)
N. Sketch to illustrate the route of the vessels of tlie Hudson's liny
Company. {See pof/e ILNJ.)
(>. (Jopy of Map //, with a blue line drawn southerly from the centci
of the (lulf ot (xeoryia in latitude 41)°; with red lines to show tlic
channels throu«»h llaro northward; an<l a yellow lino to show the so-
called Itosario Channel. {See end of the rolume.)
Ifi i.
1
ION.
ijton Sound iimi
from tlie ('«'iit('i
i«>8 to show tlic
to show the so
IV.
xoirriiWEST American water bouxdakv.
i
SECOND AND DEFINITIVI': STATEMENT
ON IlKIIAI.r OV THE
GOVERNMENT OF HER BRITANNIC MAJESTY,
SlMlVriTED TO
IIIS MAJESTY THE E.Ml'EHDR OF GERMANY,
INDKU Tll'F.
TREATY OF WASHINGTON OF MAY !!. ISITi.
C iN T E N T S .
Briii'^h Aniprican
e<liiimi rtliiioii.
Soml and Defmitivo Statement on belialf of the Govornnient of Ifcr '"*'''"' ^'"°'''
ISritaimic Majt'Hty . i jo-
llistoiical Note, ( 1H18 to 1840) .'."'"..".".'.."."'. 1 .'!!!".'.'." ' i 017
llironol()<,'ical List of Secretaries of State, &.c. ..".".. ."."!!."]." xxiii hs
M.inoraiulum relative to Hutlsou's Bay Company xxvii "41
^l'l"'".i<lix ....'.'.'. xxxiii 244
No. 1.— Extract showing views of Earl of Ahenleen and Sir Richard I'akeiiham.
No. i.— Correspondence between Mr. Bancroft and Mr. Bnchanan.
No, :{.— Letters of Mr. Crampton, s!iowin-j Mr. Buchanan's opinions.
No. 4.— Conversation and correspondonco between JMr. Bancroft and Viscount
lalmerston.
No, ■'">.— rioposed Amendment of Article II of Treaty. •
13 B
'M
NORTHWEST AMERICAN WATER ROUNDARY.
SECOXl) AND DIOFIXITIVH STAT^:^r^:XT ON IJKirAI.K OF THE
(lOVEllNMKNT OF I [Kit JJinTANNId MAJESTY.
1. Tlie GovorunuMit of Ilor IJritannic Majesty, in imrsuanre of Article
XXKVl of the Treaty of \Vashiiijiton of 1871, have drawn up and now
!;iy before llis ^Majesty the I'^niperor o^" (lerinany, a;" Arbitrator, thistheir
sci'oiidand delinitive Statement, in reply to the .Memorial or (-ase pre-
•■iited in the name of the United States (lovernment by Mr. IJancroft.
1'. The matter of 'Slv. Baneroft's ^Memorial (as far as it is of an ar^u-
!iu'iita*^ive eharaeter) may, for the purposes of the examination to which
Her MiiJe.styVs Government propose here to suoject it, be ranged in the
tollowing divisions:
I. 31 r. Hancrof^ assumes that at the date of the Treaty of IS If. the
Uiiitod Statf'b bad a clear tide to the whole Oregon district, up to the
t'Di'tyninth parallel of latitude at least ; represents the arrangement
embodied in the Treaty as a pure couces.;iou on the part of the United
States; and contends that the concession should consequently be con-
lined within the narrowest limits.
II. He maintains that the object of the arrangement embodied in the
Treaty was to secuif to Her Majesty the whole of Vancouver's Island,
and 110 n)ore.
ni. He adduces wiiat he cotisiders evidence to show that the construc-
tion now^ contende*! for by the United States was the admitted construc-
tion at the time of the making of the Treaty.
IV. He represents the Treaty as specially the work of Her IMajesty's
Government, and seems to suggest tliat theyare conseijuently precluded
t'roni maintaining any construction of the Treaty not admitted by the
(itlier side.
y. He maintains that the language of the Treaty a«lmits no interpre-
tation but the American, and that it points to the Canal de Haro, and to
that channel alone.
I-I *l\. An examination of the arguments on these points, to be
intelligible, nuist be accomjianied by an historical exjhmation of
iliecircumstanees attendant on the Treaty. For that i)urpe .' many docu-
ments must be set out at length. Jt is, therefore, more convenient to
present the exidanation in the form of a separate ]>aper. H is accord-
inyiy subjoined to this Statement as an Historical N<)t«>; and Her Maj-
I'sty's (lovtrnment beg that the Note, with the other papers api)ended
to this Statement, may be taken as part thereof.
4. The Note shows the relative positions of the])rincipal actors in the
matter of the Treaty ; in London, the Eail of Abenleeii, Her Majesty's
IViiieipal Secretary of State for Foreign Affairs, and Mr. MaeLane, the
Unitf'd States Minister IMenipotentiaiy : at Washington, Mr. Paken-
Jiani, Uer Majesty's Minister l*ieni[»otentiary, and Mr. liuchanan, the
196
NORTHWEST WATER BOUNDARY ARBITRATON.
United States Secretary of State.' It is designed to bring out the facts
which will be seen in tlie course of this Statement to be of cardiiiiil im-
portance, namely, that the Treaty Avas formally negotiated at Wash.
ington between Mr. I'akenham and Mr. Buchanan ; that it was on two
distinct occasions discussed cand approved by the Senate of tlu? IJnitwl
States, in their capacity, under the Constitution, of a co-ordinate branch
of the treaty-making power ; that the project or draught of the Treaty was
prepared in London by Lord Aberdeen, and sent to Mr. rakonliain, as
(unbodying the proposal which Mr. Pakenham was instructed to make
to the Government of the United States ; that this project was, as re
gards the words now in discussion, identical with the Treaty as siynetl
and ratified ; and that, .although Mr. MacLane was not formally em
powered to conduct negotiations in the matter on behalf of his (Jovorn
ment, yet Lord Aberdeen discussed with him the nature of the i)r(»|t(Ksal
which IIl'v Majesty's Government contemplated making to the I'uited
States, and even showed him the project of the Treaty before it was
sent to Mr. Pakenham.^
I.
5. Mv. IJancroft's assumption that the United States were clearly
entitled to the \v hole Oregon district up to the forty-ninth i)araIlolis
not warranted by the facts of the case. Territorial rights in the wholr
district were claimed by both ])artie." with e<|ual persistency, and their
respective contentions were supported by arguments drawn fiDiii like
sour(!es, such as the history of discovery and the tt'rms of international
engagements. In the ollicial documents on both sides the alternative
of war was shadowed forth. In the end there was a compromise; each
l)arty yielded a portion of what it had contended in argument was lis
right.
0. AViieii, on one occasion in the course <»f this long controversy be
tween the two GovernmeMts, .Mr. Cass, the United Stat<'S Secrctiuy ct
State, had put forward an assumption lik<» this of Mr. Hancrolt, boi '
John Kussell, tiuMi ller ^NFajesty's rrinci[>al Secretary of State for In
eign Affairs, said : '•
or
lliuloiilitedly, tli(i titli" by \vlii(^li (ircat liiitaiii lutw liolds Ilriiish Coliiiuliiu ami
Viinccuvcr'Ml.slaiMl is the. saiiK^ as that hy which tho United States possess ili.
[:{| <>rt'<i<)ii .Statu and Wayhin;;ton 'Tciritory, namely, tho Treaty of iMltl ; Iml wliin
(ieiK'ral (,'asH asserts, tiuit urevionsly to that Treaty the tith> of the I'liiteil
States to tho whohi ot tin* renitoiy lietsveen tho jiaraliels 4'i an<l "il 40 liail bfii
clear and nnqMestioiiahle, Her .Majesty's (Government can only rejily that, in lln'ii
opinion, it was tin; title of (Iieat liritain to that teiritory which was dear ami iiuii-
l>ntabh'.
It is plain that when this was written, Her ^lajesty's Goveriiineiit
had not adopted the notion that in IStO the concession had Ik'cii all
on the side of the United States; nor have they ever changed their
position.
' Uorthn convenience of the Aihitiator, there are appetnlod to theTTlstoriciil Ni>te,(l
a Chroiu)lojfical Uist, .showing tho inmies and «lat<'H of ai)pointinent of the vniimi"
l'riii('i|ial Secretaries of State ibr Foreij^n Atlairs in (Irc^ut Britain iind Jhitisli Mini>-
tern at Washin};ton, ami of the varions I'residentH ami Secnitaries of State of the
United States and United States Ministers at Londim. from 1H18 to 1S72 ; iindC'''
Mcnioraiidnni relative to the (nif^in and privileges of the Hudstm'.'j iJay Company, ii I'l
poration fre<]n)'ntly m\m(>d in tluM discussion.
* Historical Note, )». xx.
^Ijord.lohn Kusstdl to Lord Lyons, December Ki, IK')J> ; read, and copy given, iw
United States Secretary ot State.
SECOND AND DEFINITIVE STATEMENT OF OlfEAT BRITAIN. 197
7. ]\[r. J>ancroft fnrtlior assumes that the United States had, before
the Treaty, the tbrty-ninth parallel as aii admitted boundary line on the
I'outiMent. Such an admission liad never been made by Her Majesty's
(lovcinment. That boundary would not (it is plain) have been con-
reded on the Continent without a concurrent arranijement satisfactory
toller Majesty's (rovernnuMit resi)ectin,;4" Vancouver's Island and the
iiavi<i'ation of the adjacent waters.
8. The ])assa;;e in Mr. Bancroft's Memorial ii» which his assumptions
uiidor tiiis head are most stron<;ly ])ut is the follo\vin_ii', (i)axe .'>():)
A'_'iiin, " \v1h'1'(> a riiflit admits of (litiVrciit dt'sifccs. i{ is only tlic siiKiUcst dcj^roc
«!mli miiy l>e taken tor !;iantc(l," (1st ciii Jicclit vcischicdciicr Alistiit'iini^cii lalii;!, so
ilirl'ziin.'iciist niir dii', irciiii^stc Stiit'ii als ziin'fstamlcii anj^cnoiiiintMi wiTilcii.") This
iiiiMif ilclVtiT tits the present ease so aptly, tliat it seems maile for it. Tlieic bein^
,!,i;rc('s in the departnre from tlio ]>;irallel of I'.i , it must he tid;en timt only the
~;iialle.st dei;ree was eoneedeil.
The rule cited from Dr. IlelT't(>r's work does not touch the present
ca.v. This is not the case of a paity makinj;- a (concession in deroji;ation
iif a clear ami admitted ri.nlit. It is the case of one concession set ort'
:i;;ai!ist another; of a <4ive-and-tai:<' arian^i'ement.'
I). The ];reamble of the Treaty is e\j>rcss on this p (int. The two
I'owers (it says:)
Defining it desirahle for the fiitiire welt'iire ol'liotli eimntries that tin; state ofdonbt
iiid inieeilainty wliieli lias hitherlo pi'tHiiiled resiiectiny; the soverei;fiity ami ^^overii-
iniit of tlii^ territory on the Xortliwest coast of America, lyiny; westward of the. R )i;ky
Hi Stony Monntains, shonhl he linally terminated liy an ainieable eompromise, of tho
riLllits nnitnidly asseited by the two piiities over the said territory, Iiave respectively
ii.diiiii rieiiipotentiiiries to ti'is'it and a,u;ree eonciMninif the terms of ^iicli set tiiMreiit.
II.
1(1. ("loscly connected in charaetm with the ar;4niiu'nts of Mr. IJan-
'Tott under the first liead, and equally incom-lusive, iis 1 1 er Majesty's
• lovcriiment submit, are his arjiiiments umler the second.
11. Mr. IJam-roft allejues in elfect that the inteiilion of tlir 0)u-
tiai'tiii^' Parties was only to avoid cuttinj; otf the vml of \'anronver's
Island, and he infers that tin; line is to be strictly so diawii as to clfcct
tliis(d)jeet, and no more, ller Majesty's Government di- c both the
alk'<;ation and the inference.
1-. There is no evidence that the prevention of the severance of Van
(Oliver's Island was the sole ol)j)M*t of the iirran<;('inent. Tin re
itj is nothinji;' to support the alleviation, *either in the preamble of
the Treaty, or in the Arti(cle descrihini;- the boundary; nor can it
ln^siistiiined on tlie ground of anythinj^containeil in any of tin; contein-
jwraneoiis documents exchanfi'eil between the ('ontractiii;i" Parties. It
is tine that the severance of Vancouver's Island by a boundary line
diiuvn coiitinuoii.sly on the forty-ninth parallel was the salient objection
'iiisi'd on the i)iirt of II(U' Majesty's (lovernment to the Llnited States
jiropo.sal for continninjif the boundary on that parallel from the llocky
Mountains to the Pa(!itic. That proposal disrej;arded the physical con-
ditions of the tract tlirou;j;h which the line would run. It is true iil.so
thatadetlectionof the line so as not to sever Vancouver's Island was inad(.'
ill elfect a condition ,snj« 7M/? «r)n on the p irt of Her .Majesty. It may
«]voii he iidinitted that tin? prevention of this severanc(; was the motive
lor Article I of the Treaty. The nature ot tlui nicjtive is not neitessarily
!i iiu'iisnre of the scope of the stipulation.
I'j. It is plain on the face of the Article that
the Con tract! n-^ Parties
m
and copy given, l"
• Hiwtoii(!al Note, p. viii.
198
NORTHWEST WATER BOUNDARY ARBITRATION.
s
liad further and other aims. If the solo obJ(»ct of the stipnliitiou liad
been to keep Vancouver's Island one, a very simple provision would
have sutliced. It would have been enouf(h to say the whole of Van-
couver's Island shall belong to Her Britannic Majesty. The Articlf
in clfect says this, but it says more in two resi)ects. First, it in cttVcr
vests in Her Majesty, as against the United States, the whole territorial
sovereignty and property over and in all land and sea adjaceni, to tlic
island on its eastern and southern sides, lying within the uiid-ehaniul
line, (wherever drawn,) although lying beyond the ordinary territorial
three-mile limit. Secondly, it secures to Her JNIajesty's subjects freedom
of navigation tluoughout the whole extent of the boundary-channel and
of the Straits of Fuca. These two provisions in combinatiou elfect what
was ])lainly one of Lord Abenleen's main objects in the arrangenioiit,
namely, tlu; preservation to Her ."Majesty's subjc 'ts of unquestionable
and abundant facilities of access to the British coasts and harbors
north of the 41Hh parallel. Had the boundary line been continued on
the 41)th ))arall(d to the ocean, the navigatu<n of the Gulf of (leorgia from
the soutiiward would have been sealed to British subjects.
14. The Article speaks for itself The ])reservation of the unity of
Vancouver's Ishind was of the essence (»f the arrangement, but tlicrc
Ivere collateral arrangements. The dilVcrence no'v r«*fi'rred to arbitration
presui)i»oses the existence of such arrangements; the controversy '^;.i;,
to their extent.
15. liord Aberdeen's instructions to Mr. L'akenham cannot be r(Md x,
as to cut <lown the elfect of the Treaty. They must be interpreted so as
to corresi)oiul in sco[)e with the ])roject of the Treaty prepared and sent
contemporaneously by Lord Aberdeen. The words quoted by 31 r. Ban
croft (page 1!>) from Lord Aberdeen's instructions are:
Lciviny i\n\ wlioh of rdiiconrtr't Inland, icilh its jHtr'x mid iKtrhoi':, in tin /(.(.vn'.'m'oh uI
Great Brilain.'
The form of ex[)ression re<]uires little explanation. Lord Aberdeen
naturally dwelt on the nu)st prominent part of the arrangement wJiii-h
Mr. l'akenham was to proiiose, namely, the securing the possession to
this country of the wlude of Vancouver's Island. He referred only t(i
the broad geogiaphical featui'es, the mention of which was suitposed to
be sullicient for the UiMlLor under discussioii. There is nothing in liis
words to excbuh^ any additional advantage which the terms of tlic
project of the Treaty would give to this country, aiul more (it is jdain
the project di<l give.
[T)] *1({. Mr. Bancroft ftuther cites (|)age L'O) a i)assage from a re
port of a sj>eech of Sir liobert i'eel in the House of Comnutiis:
'I'lioso who rctiu'iiihor tlu^ local conroriiiatioTi of tliiit riniiitry will tiiKlorstand llio
tliat wliifli w(! iirojioscd is tlit; coiitiunatioii of (.lio fort;, iiiiitli parallo! of latitiidi' till
it HtriUt'H thi^ StraitH of Kiica ; that that poralli'l .shoiihl not lio, coiitiiiiicd as a hoiimlaiv
acroMH Vaiicoiivci's ImUiikI, thus drpfivinj; us of a pai't of N'aiHHMivcr's Islainl, hnl ili:ii
tlie iiiiddh' of tlu' chaniirl «liall hr the fiiMii'c tioiiiidary, thus Icdviixj itn in /iD.v.sc.s^/ii/i "J
the uholf of I'uncoiirrr's Inland, with <'<|iial right to tho iiavij^atioii oi" the Straits,
It can sear(!ely be seriously contended that, because Sir liobert IVi'l'
describing in a {)opular way the elfect of the Treaty, spoke ol it as
leaving us in possession of tho whole of Vancouver's Island, tlii^
'III tliJH jiaNsajr<' tlic HordK in italics aro, in Mr. Baiirroft's Memorial, priiittd wit'i
widiMH'd spaccH Ixtwci'ii tlu' IctttTs, thn mode of ]>riiitiiig used in (it'iinaii to cliow
(tiiiphaNis, coiit'spondiii^ to the iiso of italics in tht^ printing of llngliMJi. Tlic iiki
oliHcrvation applies to otiujr paHsagcs cited in this Statcinfiit from Mr. Baucruli^
Mcinoiiul.
SECOND AXn DEFINITIVE STATEMENT OF GREAT BRITAIN. 199
((( //(( [KIHSi'ryhDI I'J
iinioiuits to a declaration b^ Llm that tlie effect of tlie Treat.v is to ex-
clude us from any possession other than Vancouver's Ishin(i, although
lyiiifc within the future boundary, which he in the same breath specities
accurately as the middle of the channel.
17. In connection with the reference to Sir Ttobert Peel's sjieech, ]\Ir.
Biiucroft (page L'O) says :
fiir ,'iiiheit Pocl (iiiotcd from a (lisimtcli wliicli pidvctl that lie was awaie of tlic tliieo
ihiys' tli'ijatt! ill tlio Aiiu'iicaii Soi\ato on tlio Troaly before its approval.
Hero, as in some other parts of ^fr. Biincroft's ^Memorial, it is ditlicult
toiVi&>'over the object of statements made by him, but not put into an
ar^inm'iitative form. The object of this statement would seem, from
tlie context, to be to suji<><'sf, that 8ir Robert IVel was at tiiis time cog-
iiizant of the particulars of a speech of Mr. llenton, a Senator of the
riiitt'd States, made in the Senate (referred to Just before by Mr. JJan-
oroft and to be particularly considere«l hereafter in this Statement.) If
this is the sujigestion meant, there are three answers to it :
(i.) The (lelil)eration of the Senate, reported in Mr. Pakenham's dis-
piitdi. read in pa it by Sir Kobert Peel, was not the debate in which
Mr. IJetiton's speech was made. The disi)atch relates to the delil)era-
lioii conse<pient on the preliminary Message of the President, asking
tlie julvice of the Senate, not to the deliate on the ratilication. It was
till' latter debate in the course of which .Mr. IJenton's speech was made.
(li.) Even if Mr. Benton's speech had been spoken before Mr. Paken
ham's dispatch, and the fact had been mentioned therein, there would
<till he no for<.'e in ?.tr. liancrotVs suggesti(ui, inasmuch as the debates
:ii tiie Senate were secret, and tlie injunction of secrecy was not
ivmo\*'d until after tlie date of the exchange of ratilications in Lon-
ditll.'
(iii.^ The dis[)atcli of Mr. Pakenham (of which the pait relating to
this iiiiitter is printed by .Mr. Pancroft in tlie extisict from Sir llobert
I'l'd's speech in Appendix No. 4(} to the Memoi'ia!) gives no information
MS to the name of any speaker, or the i)i'rticulars of any speech, in the
Seuate. It simply says: ■
Al'l< II few Iioiirs" (lelil)eratioii on each of tlie thret^ days, Wednesday, Thursday, and
iiidiiy, tliti Senate, liy a majority of 'Af^ votes to I i. adopted yesti-rd.iy evening a reso-
liilidii advi.>in;r td,. President to aei'ept the terms proposed l>y Her Majesty's tioveni-
iiii'iit.
•1) *It is clear, therefore, that Sir Pobert Peel had not at the time
of speaking (if he ever Inul) any knowledge of wliat was said by
Mr. r.ciiton in the Senate. If this is not the point of .Mr. P.ancroft's
it'l't'K'uce to the debate in the Senate, Her Majesty's (lovernment do
not know whv t\\o reference is made.
r's Island, tlii^
III.
IS. TIk^ thirtl division of Mr. Pancroft's argiiiiKMits <!omprises his en-
ili'iivors to shew that tiiere is evidence, contemi)oraneous witii tin; mak-
iiiff of the Treaty, in support of the contention of the United States.
Mr. IJaiicroft says (page 18 :)
' lialilicatioiiH cxchaiigod .Inly 17. Res dutiou of Senate reinoviiijj injunction of
Mcrecy, An;{Ust (i. Earliest pnhheati m of Mr. Me.nto I's spi^ech known to Her .M.ijtHty'H
tiovcnnnent, .\nji;nst '2d, (iu Niles'rt Natiou.il Kc^i.st r, a weekly ncwNpupur puldishud
at Italliniore.)
• lliKlorieal note, p. xi.x.
w
200
NORTHWEST WATER IJOUNDARY ARBITRATION.
With tills knowlidjjo ol' Mr. MacLiiiic's iIiaiactiT, and of the contidonco roposid in
liim by Lord AbcrdiTii, I rciimst tlio Iinpurial Arbitrator to take in hand the iiiaimf
the Ort'fjon Territory by Wilkes, wliieii iiad been published in England as well .,,
in Aineriea in 1^4."!, and whieli ;vas the latest, most anthtMitie, and best map ol' tlm
territory, as well as the only <nie recoj^iii/cd by the Aiiieriean Senate, anil, wiili tlii,
map in hand, to read the I'ollowiiij;- extract from Mr. JlaeLane's ollieial rejxirt »{' the
interview, maile on the t-'lh of May, f-ltl :
"I have now to state that instnietions will be transmitted to Mr. Pakenham by the
steamer of to-mori'ow to sniimit a new and further propo.sition on tins jtartof this (;i,v.
ernment, for a partition of the territory in dispnte.
"The proposition, most probably, will olVi-r substantially :
"I'irst, to divide tin; territory by the exten>ion <d' the line on the i»arallel of lurry
nine to tlie sea, that is to say, to the arm of the .sea ealled IJiieh's ISay, thenee li,i il„
Canal tic .In-o and .SIr(iU'< of I'liiii III lite onan." « » » ^ » » .
Here follow other clanses, eoneediny, to the Hudson's I5ay Comjiany a temporary iisiin'
the ()rej;()n IJiver for na\ ij;iition, with other advantajjt-s, and jtroteetion to liiit'^h
H\ilijcets who would snddiMily come under the jurisdiction of the I'nitcd States. Tn
these clauses the pliiase "most probably" applies, for they were not precisely mncci-.
tain»Ml ; but not to t Ik; b(Mindar ■ • (Ui t hat point, the furl her stattunent of Mr. >IaiI,;inr
in the same disp.atcli leaves no i:.-' t for a doubt. Hi., words are : " During the juccid-
injf Administration of our (ioverii:. lent, the extension of the line on the forty-nimli
])aralli>l to the Straits of Fuca, ax ii'iir iiropDsfil hi/ Lurd Ahcrdmi, icix aclKall:! s:iiiiin,ti,l
by 1)11/ immtiHatc j>ntl<rixnor ( Mr. /-Vr/c/O ;is oiu; he thought his tJovernment mii^litii(-
eeiit!"
N'ow vh.'it the ju'oi'osal of Mr. Everett had been we know fr<un the citations wliirii
I have nuule from his disi>atches; and 1 have actually referred to the fact that he liml
drawn tin; line; of demarkation on the map. and sjieeially directed the attention of l.oid
Aberdeen to it.
11). Ill this i)assiioe Mr. IJancioft puts forward prominently Mr. ^lai
Lane's letter, but he nowhere deilnees distinetly the inference he wI.sIk.s
the Aibitrator to draw from it. In whatever lifjht, however, the letter
is reji'iirded, it will appear that, when all the circumstinees are eaiulidlv
considered, the letter tnrnishes no groiuid for any inference favoral)lu
to the United States in the i)re.scnt di.scussion.
(i.) Mr. MacLane does not profess in his letter to rei>ort the words ol
the contemplated Treaty. Jle had seen the words, and knew that tlit
Canal de llaro was not specified. He must then (it woidd seem) liiivc
considered the words he saw as amoimtinj"' substantially (accordiiij; lu
his own expression) to the inoposai of a line by the Camd de llaro.
He applied (whetlier acciiiately or not is not the tpiestion) his jftei-)j;ra|ili
ical information to the words shown to him, and inferred in his own
mind that a line such as he saw tlescribe<l would run throujjfh the Cu'
n.d de Haro. Under this impres.sion he wrote to his (Jovernmeiit. It
this is tlu>, true explanation of the facts, (and no other explanation i.>
appjirent,) his statement is of no weij^ht on the question, what is tlie
channel of thtrfreaty. That (ptestion. which is the question now uiiikr
arbitration, remains nnalfected by hi.s letter.
[7j *(ii.) One circumstanc(; in Mr. MacLane's letter tends to support
this explanation, that is, his mention of JJirch Uay, (incorrectly
called by him JSircIrs 15ay,) which he treats as beino- on the forty-niiilii
parallel. This j;eo^raphical error (which is peculiar in this controversy
to Mr. .AlacLane) has been accounted for thus by Mr. Archibald Camp-
bell :'
Mr. MacI.aiH
say, tin- arm
me, in traciuj; on the map the forty-ninth parallel "to tlio sea, that is to
of the ma ealletl Bireir.s liay," evidently supposed that the space betweeu
'Mr. Arddbahl Cami)l»ell wa.sCiMnnds8i()neron belialf of the Uidted States, when Com-
missioners were appointed (as men I ioned in the preamble of Artie leXXX IV of tiieTn v
of Washington of ls^71)4)n behalf of the two Governments in '"t.'>t!, to determino tin'
water boumlary umler the Treaty of ISKi. The doennnuit of Mr. Campbell's (luuti'ilor
referied lo heni and elsmvlieie in this ^^tatement, is a report maile by liiiii to Mr. Cass
the tinted States Secretary of State, itateil 'Mhh January, tH,")!*.
^m
ON.
idonco rt')>{)Sf(l in
lianil the iii;ii)nf
Inland as well ^s
best map nf tlip
h!, anil, Willi (hi,
cial ropdrl of the
I'aktMlllllDl liy till'
jiart of tliis (luv-
liaiallcl (if flirty
iay, tlu'iu'L- //// (/„
I ti'iiipoiaiy iiMoi
I'ction to liritivli
iiifi'd Srati's. Tn
)t iti'i'cisclv a>(ir-
t of Mr. >iarl,;iii.
iiiriiiji; till' i»n rill-
I till! forty-nimii
aclKdIlil .s.(//(;i>/i.i
I'uineiit iiii<;lir ar
10 cifatious wliiii.
fact that he liml
1 attention of l-onl
CMitly Mr. Mar
•eiice he \vislii>
evoi', the li'tt* 1
es are eumlidl)
eiiec fiivoialik'
rt the words ol
knew that tin
nld seem) hiivc
(aceoiiliiij; to
anal de llaro.
) his j>eo^'ra|ili
fed ill his own
iroujjjh tiie Va-
Dveniineiit. It
exphiiiatioii i>
II, what is tlif
ion now iimlii
■lids tosiippoii
iiy, (iiicorirrtly
the rorty-iiiiith
lis eoiitrov('i>y
eh i bald Camp-
lie sea, that is to
lu! space bctwi't'ii
States, wheiiCiMii-
XlVof tlicTii V
to detenniiu' tin'
1]i1h',1I'h (jiiotrdor
him to Mr. Cass
SECOND AND DEFINITIVK STATEMENT OF GREAT lUUTAIN. 201
tlM» Continent anil Vancouver' ^s Island at the forty-ninth parallel was desifjnatml as
liirrli Hay. And from the consi)icnoiis position j^iven to the name of IJireh Hay on
Wilkes's niap, and even on Vaneonver's eliart, siieli an error mijfht very naturally
oiciir. In reality, however, I5ireh J5ay is only tiie small indentation on the, main-land
111 the extreme rijjht of tin- name, and is ii few miles south of the forty-ninth parallel.
Till' name of the (liilf of (liori/in is intended hy Wilkes to extend from the parallel tif
■,1) as far south as tin noithern extremity of the Canal de llaio. iiieliidinj; the sp;u;e
qippo.sed by Mr. Mael-ane 'o be IVireh 15ay.
This explanation i:. siiiii»le and reasonable, and it stronjjly eontirins
llio sajijiestion of Her Majesty's (ioverniiient that -Mr. Maidiaiie was
merely interpret iiip', aeeordin^" to his own li;;hts, the words of the pro-
iect whieh Lord Alierdeen had sliowii iiiin, and w;is not reportiiijif to
his (loverninent Lord Aberdeen's interpretation, or an ii,<,'reed iiiterpre-
tatiuii. There is no sii^<;'estion, and no ground for a snj>«>('stion, tiiiit
1,01(1 Aberdeen «'ver spoive of I>ireh P.ay. ll\ th<'ii, it is jn'obalvle
[hat Mr. MaeLane did not derive from Lord Aberdeen his inentioii of
P.irrli l»ay, in, just tiie same d«'yree is it jnobabh' tiiat he did not deiive
tioiii Lortl Aberdeen his mention of the Canal de Haro.'
(iii.) The n.se by Mr. Miudiane of Wilkes's iimp (which is thus made
iihiiost eertiiin) j'oiis tar to a<'eoniit for his mcntit.n of tiie Cainil «le
llaio, (or Arro, as it is written on Wilke.s's map, and by Mr. 3[a(;Laiie,)
tor that passaj;e is .so consinciiously marked on Wilkes's map as to .seem
lo be the only direct i'haiiiiel iietweeii the Continent and Vancouver's
I.>;laiid leadinj;' into the Straits of Fiiea. 15iit, however it is to be
aironntetl for, there is no j4roiind whatever Ibr the sii;i'^estion tluit iNIr.
MaeLaiie's mention of the Canal de llaro was authorized ijy anyiliin<>'
said to him by Lord Aberdeen.
(iv.) In lS,"jJ) Lord Aberdeen, on bein^- reCerreil to by Tiord John IJiis-
<ell. tlieii Ih'r Majesty's Trincipal Secretary of State for I''orei^Mi AUairs,
iiifoniied Lord John Kiissell that he (Lord Abeideen) distinctly remem-
bered the }>eneral tenor of his <'onversatioiis with 3Ir. 3IacLane on tiie
subject of the Oreoon boundary, and he had no recollection of any nien-
tioii haviiiff been ni.ide diirinj;' the discission of the Caiuil de llaro, or,
indeed, any other channel than those dcscaibed in the Treaty itself.-
(v.) Mr. MaeLane wjis not nej^'otiatino- witli Lord Abcnleen. His
connection with tin; (piestion was (as he himself says) "in a yreat de^^jree
informal." ' The nej>otiations were beinj; carried on at Wasliin^xtoii by
Mr. I'akenliam (iictiii;;' imine«liiitely under Lord Aberdeen's instruc-
tions) on the one hand, and Mr. liuehanaii on the other hand.^
"^1 *Lord Aberdeen was at liberty to inform Mr. 3IacLane of his
views and intentions: lie wiis at liberty to ref; ai). Iroiii «loiii<f so.
.Viiythiiig that passed between Lord Aberdeen and Mr. MaeLane was
not iie/iotiation in a proper sense, and no bindinfjf compact ctm be ex-
tracted from it, taken alone.
(vi.) j\Ir. [MaeLane i>erfectly understood this position. Lord Aberdeen's
project of Treaty was so far from bein^' the result of a bar<>-aiu made
between him jiud Mr. MaeLane, that Mr. MaeLane in reportinj,? it to his
' There is nothin;j; in the explanation here ijiven of Mr. MacLane's words inconsistent
with the character of him drawn by Mr. bancroft, (i)ay;e 18:) "Mr. MacEaiio was a
liilip •iiiil experienced statesman, trained in business, exact in liis use of words, careful
I'speeially in reporting what was sain by others."
-Lord .lohii liusseli to J.oril J.,yons. 'J4th An;:nst : 1S.'>1», read, iind copy jfivon, to
iiifi'il Slates Si'cretary of Stati;. Extrac't, Appundi.x No. 1.
'Appendix No. IVi to Mr. Bancroft 's Memorial.
*Mr. Bancroft correctly says (])aj;e 14) with reference to the time jnst before the
Ireatv : " Meantime the nejjotiation on the Orejjon finestion had biM'ii transferred to the
new British Minister at VVashiiif^toii." And ajjain, (pajje Iti.) "Lord Aberdeen c.oii-
ii'Seied that it now tell to him to propo.sc a peaceful .solution of the lonjj; eontrovor.sy."
w
^Wi
202
NOKTIIWHST WATER BOUNDARY ARHITRATION.
-a-
(lovcrmnciit disapproved of it, and (it would appear) tried to iiidiiLo
his (Jovermnent to reject it.' Jfe says, (amoiij; otiier thinj^s :)-
II \H sniicfly iicccssiiry i'ov inc toHtato that the i)i'(ii>(isif ion as now suliniitti'(l Im^ ii,,t
received my eonnteiiaiice. Altliiiiiij;li it lias been no easy fa>l<, under ail the eiiinm.
Ktances, to lead to a ri'-oiteninj^ot' tlie negotiations liy any in'opositioii from this (invcin-
Hient, and to induce it to ado) it the para 1 lid ot 41> as I lie hasisofa boundary, nevertlnjcsv
I hoped it Wduhl have been in my ]io\ver to j;ive tin; ]ireseiit i»ro)iosit ion a less objccij,,!!.
ablt! shape, and I most di-eply hunent my inability to accomplish it. I Imve, theiduiv,
I'tdt it my duty to discourage any expectation that it would be acee[(ted by tiie I'lcsi-
dcnt ; or, if submitted to tliat body, approved by thi; Senate.
(vii.) If]\rr. MacFiane had been in a position to enter into a contiact
with Lord Aberdeen it is jdain he inner wonhl have nsed the (pialihca-
tion "most probably." .^lr. IJancroft, seeinj^ the foree of this consider-
ation, endeavors to <;et over the dinienlty by alleging? that the |tliiase
"most i)robably" applies, not to the boundary, but to the other i»arts((t
Lord Aberdeen's projjosal ; for, he say.s, those other ])arts " were not
precisely ascertained." Mr. MacLane's letter (as far as it relates to tli<'
Oregon question) is jninted in the Jlistorical Note, and is open to tlie
judgiuent of tin; Aibitrator. It apjtears to Her Majesty's (iovernineur
to afford no grotmd to Justify this limited application of the plira.se " most
])robably,*' This phrase is in imme<liate connection, gramnjatieally,aiHl
in the arrangement of the matter, with the i)assage relating to the bound
ary. The three subject.s, (1,) botnidary ; (L',) posses.sory rights of Jb itish
subjects; (.'{,) imvigation of tlui Columbia, are discn.ssed throughout the
letter on the same footing. The proposal oti any one subject is treated
in the letter as being «pute as much .settled and delinitive as the proposal
on any other. Moreover, in point of lact, the exact propo.sal was as mucli
ascertained on any one point as on any other, and this must have b<'eii .so
in Mr. JNIacLane's api)rehension, as Lord Aberdeen had shown him the
project of the Treaty.
(viii.) The boundary, however, it is argued by Mr. liancroft, was ])ic
cisely ascertained, because Mr. 3IacLiine states tliat the line as proposed
by Lord Aberdeen had been suggested by Mr. Everett, and what tlie
])roposal of .Ml'. I^v<'rettwas (he says) is known from the citations in the
Memorial from his (.Mr. Everett's) dispatches. The i)assage in }h\
liancroft's ^lemorial, relating to Mr. Everett's suggestion, is as follows,
(page 11:)
On tlio '2i»th of November, 184:5, soon after Mr. Everett's full power.s had arrived, lie
and Ijord Aberdeen had .a very lonfjand im)ioi'taut ciuiveisation on the Oreyon (|nesti:in;
and the concessions of Lord Aberdeen appeannji to invite an expression of thecx-
trciiieHt iiioditicatiou which the ruitt'd States eoidd admit to their former i)ropos;il,
Mr. Everett reports tliat he said : " I thouifht the President miyht be induced so far U>
depart from the fiuty-ninth ]»arallel as to leave thc^ whole of (j»nadra and Vaueouvtr's
Island to Enjf'iand. whereas that line of latitude would j;ive n.s the southern <'Xtreiiiit,v
of that islaiKl, and eonse(|iieutiy the connnand of the Straits of Euca on both sides. I
tlion pointed out on a map thv cxlcnlof tliix ((nucxnion ; and Lord Abeulet^n said he wmilil
taU<s it into eonsideration."
The next day Mr. Everett more tbrmally referred to the subject in a iiot<? to tin
IJritish Secretary :
f'.t] " •'1(1 (iiiosvi'.Nou I'tuK, Xoirmhir ;{(», L-t:!.
"^Iv Dkah EoKi) Ai!KHI)i;i:n: * " " It appears from Mr. (Jallatin's (din-
spoiulenee that * • ' Mr. Unskisson had especially objeete<l to the, exteiisidii t>{
the forty-ninth de^'ree to the I'acitic. on the f;round that it woidd cut off the .soiitliiiii
extremity of (Quadra and Vancouver's Island. My sufifjestion yesterday would obviate
this objection. * * * J tjluncc al tin map kIiowh its ('mpoj'/aHce us u modilicatioii nl
the forty-ninth degree. * " *
"EDWARD EVEKErr."
'The char.icter of the letter in this respect is hronght out by Mr. I'akeiihaiu's coui-
iiicnts ill his dispatch of the yyth July, 1^41), Historical Note, p.'xx.
'liistorical Note, p. xiv.
SECOxM) AND DKFIXITIVE STATEMENT OF GKEAT BRITAIN. 203
t in a note to tln'
v'l) EVEKEIT."
I'liUeuhamV coin-
Oii tliL!2d of February, and on tlio 1st of Ainil, IHll, Mr. Kvrit'tt reports that lu^
iniitiiiiioiisly itisiHtctl witli Lord Alii-nltMMi tliat the only iiKKlilicatioii wliieh the I'nited
States coiild, III his <i|iiiiion, l)e hnui^jht to ajfret^ to, was that they shoiihl waive tlieir
ilaim to the southern exlicmity of Vaiieoiivei's Ishiiid, and that Loid Ahenh-en nni-
Idiiiily answered, '• lie did in)t tliink tliere wonhl he nineh dillienlty in settling tlio
iliM'slion."
Dining the foUowinfj; months Mr. Everett ami Lord AlMnhcn, both wisliiiiff sincerely
If) settle till- eon t rove rsy, had fn rtlier frei|iieiit eon vt^rsat ions, and, as the resnlt <d" tiieni
nil, .Mr. ICveiett reported tliat l',n;;land wonhl not accept the naked paralhd of lit to
llif oceiin, hnt wonld consent to tlie line of the forty-ninth de<j;rce, provided it conld he ho
iiiddilicd as to leavt^ to (Jrcat Mritain the sonthern extrendty of Vanconver Island. "I
liiivc snared no pains," wrote Mr. Everett on the 'J-'th oi' Fehrnary, iHj.'i. "to impress
ii|p(iii Lord Alierdeen's iiiiinl the persnasion that the ntniost which the I'nited States
laiicoiiccde is tln^ forty-ninth jiaralhd with the niodilication sni;>icsted, takinj; always
rare to .'nhl that I had no anllmrity for saying that even that inodilication wonld be
a^ri'id to."
To one fact I particniaily invoke the attention <d' the Imperial .\rliilrator : not the
hast room for (hmld was Iclt by .Mr. Everett with rej^ard to tiie extent of the modillca-
tii)ii proposed. //(■ /((((/ jiiiiiilfd il out tit Lord Alwrdwii on llir miiji. and had so ot'teii and
.ocan tally directed his attention to it, that there could be no misa))prehension on the
liiriil 111 the propo.sed ctmccssion.
It is (liCliciill to S(H> tlio force of tlii.s icAtoikm' from tlio letter of Mr.
Macl.iiiie to the \vritiii;;s iiiid acts of .Mr. lOverett. !t seems to Jler
Miije.st.V'.s (loveriimeiit to be a i)rocess of ascertaiiiiiif^a tliiiij; uiicertaiD
ill itself by means of sometiiiii^' still more uncertain. It does not ap-
pciir that Mr. lOverett pointed out on a mtip, or referred in any manner
to, the (Jaiiiil de Ilaro; yet this is the whole question. The fair infer-
ence from ]Mi'. Everett's statements is that he did not sjieak of the water
liduiKliiry at all, hut only i;oiiit( d out on a map how much of Vancouver's
Isliuid would becutotlby the forty-ninth parallel. JNIr. Bancroft apjtearsto
oveititrain JNIr. Everett's words. IMr. Everett says he " pointed out on
aniiip the e.\tent of the concession," as regards the southern extremity
of Viincouver's Island; Mr. Bancroft says (pa«e 10) Mr. I'herett "had
(Innvii the line of demarkation upon the map,'' which seems to be a very
ditfcrent thin^'. If this had been stilted by IVIr, Eveielt.aiid if it also
iippeared that the line of demarkation drawn by him on the map pttssed
down the Canal de Ilaro, then Mr. Bancrolt's inference that Lord Aber-
ilciii was i)roposino' a line throujih the Canal de Ilaro, from the fact
that .Mr. MacLane says thiit the line pioposed by Lord Aberdeen had
been suggested by ^Ir. Everett, wo u!d not le so lemote orso weak as
it i.>j.
(i.x.) The statements of ]Mr. ]\IacLane to his own (lovernment can in
no way bind Her ftlajesty's Government. JNIr. MacLane does not say
tliat lie did, and there is no evulence that he did, ever specify any chan-
nel in his conversations with Lord Aberdeen. There is no evidence
tliat he ever told Lord Aberdeen what he was going to report to his
(ioveniment. The presumption to be drawn from Lord Aberdeen's
(lispiitch of L*!)th June, 184(5, to 3Ir. rakenham, is to the contrary.'
Mr. iMacLane's letter was not publishe*!, even in the United States, until
alter the exchiinge of ratilicatious in London.' It could not, therefore,^
liave reached Lord Aberdeen's knowledge before the transacLion was
dosed.
[\.) Nor is there anything; to affect Jler ^lajesty's Clovernment through
Mr. Pakenham. There is no suggestion that ^Ir. Iiuchauan com-
[b'J niunicated to Mr. Takenham *Mr. MacLane's letter. On the
contrary, it is evident from Mr. Pakeidiam's dispatch of the LM)th
July, I84(>,that the letter was uidiuown to him till its unauthorized publi-
cation, as mentioned in that dispatch.' ^'or did Mr. lUichanan in any
> HiHturiuul Note, p. xx.
■■■TtirT"'"T|P
204
NORTHWEST WATER BOUNDARY ARHITRATION.
niannor iiilorm ^rr. l'iikoii]»;iin of ^rr. IMjicLanc's view, lii a .Memo.
raiMliiin,' writti'ii in 18.')S, Sir Iticthanl (toniuM-ly iMr.) raUciiliaia stuto
that Mr. r»ii(!lianaii (»n theoccasioii of tiic Treaty ''iiiailc no nu'iition
wlniti'vcr of llic! Canal do Ilaro as that tliroujih which llic lincol
boundary .should lun as understood by the United States (iovernniciit."
Jf, iixh'ed, Mr. Jinehanan had don«^ so, that inei'e tiu^t wouid l)e of no
importance as ayainst Iler .ALiJesty's (lovernnient. Mr. I'akenliain was
actinj; uiuler strict instriu'tions. If .Mr. ISuchanan had indicated the
Canal de Ilaro as the i)oundaiy t.-nannel, .Mr. I*akenl:-ani could only have
unswei'i'd as ho did on the (|uestioM of the etfect (»f Article II, nanit'ly,
the Article speaks lor it.self.- Jle had no i>o\ver to modify the i)roj('(t
of Treaty in substance, ami m> power to bind his (lovernment by assent-
inj; to or acipiicscinj;' in an interpretation which would ha\(' been cfpiivii
lent to a .serious nnxlilicalion.
-0. It appears to Her .Maiesty's (lovernment that this examination nt
Mr. MacLane's lettei' Justilies them in submittin^i' to the Arliitrator tiiat
the. letter allbrds no support to the contention of the United States.
21. In additi<m to .Mr. MacLane's letter, Mr. Daiu'roft refeis to tlic
.sjieech of .Mr. JJenton in the Semite befoi'e, nu'iitioiu'd. The passage in
]Mr. I>ancroft's Menu)rial is as follows, (paj'e ID:)
A 8iisi>i('i(in of iinil)ifj;iiity coiilil not hiik in the mind of any oni'. Mr. Hi'iifon louiid
thu lini<;nji^<> .so clciii' tiiat lie ailKptfil it as liisown. In his .Sjm li in tiic. .SiMiatc on
the (l;ty of tiic, latiliration nl' liit- 'I'li-aty, lit- .said :
'' 'J'lii! first Artii'lf of the I'lraty is in llir nri/ icordx wliicli I myself wonld liavc iiscil it
till* two (iovfrnnii'nis Iiad li-ft it to nn.' to draw tiic Itoiindary line between tlu'iu
'Tlie lino cstalilislicd liy tlie lirst .\rtiile follows tlio paralhd of 4'.)^ to tho soa, with
a Mli^rlit deflection tliroiiuli tin
I'fc'.s IhIiiihI
(its of I'nca III iiniid riiHiiiii <>{}' Ihr xoiitli viid of r<iiii'
When the line reaches the channel which se|>aiates N'ancoii
Island from the Continent, it proceeds to tln^ middle of the channel, and thence tinii-
infj; sonth thrmuih Ihi ( lunuii I tlf Unni ( wronjjly written .\rro on the maps) to the Strait^
of Kuca, ami then west thron;;h the middle of that Str.iit to the sea. This ;;ivcs ii>
* * * ' Ww chi^ltr of i-ildiiilx \>ftwi'i-\i (Ir Haro'fi I iitiniicl and Ihr (.'i>iiliii('iil."
22. Her .Majesty's (Jovernment submit that the .speech of Mr. lleiitoii
is even of less valiu», as evidence, in support of the contention of tlif
United States, than is Mr. MacLane's letter.
(i.) It .seems )>rol)ibh! that Mr. IJenton founded his exposition of tlic
draii}>ht Treaty on .Mr. .AlacLane's letter,' extracts from which had been
communicated by the Tresident ul' the United States to the. Senate,
If so, Mr. Uenton's interpretation is »)idy a rellection of Mr. iNIacLanc's,
(ii.) Mr. JJenton may iiuh'ed have formed his t)pinion not <lirectly on
3lr. MacLane's letter, hut on the .same .sort of yronnd on whi(di it wonlii
appear Mr. MacLane's statement was made, namely, a knowled^ic
(whether com|>lete or accurate, or not) of the local coutlitions.' In that
case his statenuMit would amount to no more than a declaratioii
|11J of *his opinion that, on the true construction of the words of the
Treaty, the line descril)e»l would run down the Canal de Ilaio.
But Mr. Benton's opinion on this ipiestion of construction is notallcneil
to be of any special value, and its authority in the present discussion is
!1
'Inclosed in Lord .T<dni Rnssell's tlisj>att'h to Lord Lyons, 21fch August, 1851); leiitl,
and copy {livt'n, to Uidted States Secretary of .State. Appimdix No. 1.
■* Historical Note, p. x.\.
'This vva.s Sir Richard I'akcnhain's view, as expressed in his Meiuorandinn, Api"'"-
dix No. 1.
^Mr. Cassdcsi'iihe.s Mr. Itcnton as l)ciii;^ " bi'tteraciiuaintod, ])erhaps, than iiuy other
mend)e.r [of the Senate] with the jjeo^rraphy of the re<jion in dispute." — To Mr. D.illas.
tiOth Octtdter, Ir'jD ; read, and copy giveii^ to Hur Majesty's Secretary of State f"'
Foreiji;u Ati'airs.
SECOND ANIJ I)I:KIN[TIVE STATEMKNT ok (JliKAT lilUTAIN. 205
ions.' In tliat
i^iisr, IHdl); read,
oraiuliun, Appoii-
not julmittod. The (luoslion whetluu' or not the line runs down the
Ciiiiiil (le Haro, acconliiif? to the const rnction of the Treaty, is the
question before the Arbitrator.
(iii.) Hut whatever was the foundation of Mr. IJenton's observations,
and whatever title they have to consideration, Her ^lajesty's (lovern-
ment cannot be affected either through Mr. I'akenhain or throujjh Lord
Aberdeen by anything tliat was st'id on this occasion in the Senate.
The debates in the Senate were in Secret S<'ssion. No publication of
them was permitted or made until after the time when the ratifications
liad been exchanged in London.'
l';>. Mr. Bancroft adduces no further evidence whatever on this point,
yet he goes so far as to say, (page L'O :)
Tli<> lanj;naK<' <><" tlio Treaty hcojiumI iMM-fccHy clear to tin! Si'iiatc, to tlic I'lCHidiUit,
toliis St'crt'taiy of State, and to every oim of liis eoiistitutional advisers, as departing
Ikpiu the line of tin* parallel of 41) ' only so far as to yield tln^ southern extremity of
\aiutiiivor's Island, and no nioio.
With respect to the view of the language of the Treaty formed at the
tiino by the Senate (as a body) or by th(^ President, or by any one of
ilic President's constitutional a«lvisers other than his Seca-etary of State,
Ml. Ibu'hanan, Ifer 3L'ijesty*s Government have no information, either
troiii .Mr. JJancroft's ivienuriil or otherwise. Tlu' exception of Mr.
r.iuhanan is here made, not on account of anything in 3Ir. IJancroft's
Memorial, but because, in the course of the controversy between tlie
two (lovernments, a statement respecting Mr. Piudianati's opinion hcas
hoon mad(^ on behalf of the United States, it has been said- that, in a
letter to Mr. Macliane, dated (Uh June, 184<», the day on which the draught
Treaty was presented to ]Mr. Jluehanan by Mr. Pakenham, Mr. P>uchanan
iiiciitions the ('anal de Haro as the channel inten<led by the Treaty.
This letter has not been seen by Her Majesty's (lovernnu'ut. It may be
siii)posed that it is simply (so to speak) an echo of .Mr. !>^aeLaiU''s con-
Jt'ctiues as to what would be found to be the substantial effect of Lord
Aberdeen's i)ro[>osal, when it came to be worked out. Ibtt whether that
is so or not, statements i)assing between JMr. P>uchanan and 3Ir. MacLane,
not eonununicated to Mr. Pakenham or to Lord Aberdeen, are not ad-
missible as against Her Majesty's (U)vernment. Sir Kiehnrd Pakenham,
ill his ]Memoranduin before cited, says:
It is eertain that Mr. Bucliaiiiiu sij^iied the Treaty with Mr. MacT.aiie's dispatch
lit'fore him, and yet that he made no mention whatever of tlit; Canal d(! Haro as that
lliroaj^h which the line of lH)nn(lary should run, as understood liy the I'nited States
(.ioveruuieut.
SllO
I'i
And this, after Mr. Duchanan had had read to him, by ]\rr. Pakeidiam,
oh an extract from liord Aberdeen's instructions as (-omprised the
h(
the erroneousness
spoeilied.
-4. The examination has now been completed of everything that can
reasonably be regarded as contemporaneous evidence in favor of
il2| the United States of the intention * of their (Jovernment in con-
cluding the Treaty. Her Majesty's Government submit to the
' l'a;;e ll»i), above, and note, ' there.
- Mr. Cass to Mr. Dallas, '2(tth October, LSCiS) ;. lead^ and copy given, to Her Majesty's
ptretury of State for Foreign Atfairs.
■Historical Note, p. xvii.
4
20(5
NORTHWKHT WATKll nOlINDAin' AIJIJITHATION.
Arbitnitor that it is of little, if any, wei;jht. All that it amounts to is
this, that some of the persons eonctuiied on the part of the I iiitcd
States, on the occasion of the Treaty, antieipated that the 'IVtiity.
couclu'il in the words pro|)ose(l on one side and adopted on the otlicV.
would haveaeertain ell'ec^t. These anticipations were not communicated
at the time to Jh'r Majesty's (lovernment, or to any repiesentaluc oi
that (lovernuH'nt, and are, therefore, in no dc;;rec bindin;? on tlicin to
their detriment.
L'r». Hut before i»artin;^ from this bjanch of the subject. Her Majesty's
(lovernment will advert to two other pieces of evidenc*; which Ijiivi
been in the course of the controvei'sy ailducted as '• piu'sonal testiiiiony
eout«Mni)oraneous witii the Treaty,"' and wliich it is possil»le nuiy l)c
bron<;ht up ayain as sucii in the present discussion.
(1.) It is stated' that, on L'Sth December, IS 1(5, .Mr. Bancroft i win,
vas then the I'nited States Ministei' at London) havin<>' wiitteii to Mr.
]>uciianan on tlu^ subject from London, Mr. ISiu'hanan in<'lo.sed, in ;\
letter to Mr. r.aiicroft, a traced c(>py of Wilkes's chart of the Straits ot
Arro, (that is, the t'anal de llaro,) and added :
It is not ]>roliiil>le, liowevcr, thiit aiii' elaiiii of fliis cliaiiiiti'i' will lie M-ridii^lv \nv-
ItTrt'il l>y lliT Majesty's (ii>v<Tiiiii<Mit to any i.slaml lyiny; to tin- eastwiiiil ot" tlif Ciiiii!
(Ic Am), as inarkt-d in Captain Wilkes's niai» of tlu'. ()ie<;on 'I'l-nitoiy.
The corresponden(!e tit this time between 'Mv. Uancroft and Mr. Dii
cbauan, as far us the same is known to Her Majesty's (Jovernmeiit, is
act forth in the Api)ontlix to this Statement.' Her Majesty's (ioveiii
ment submit to the Arbitrator that if this corresponilence is proposed U\
be used on the ]>resent occasion as evidence on behalf of the Uiiitod
States, it ought to bo rejected. First, it was from its nature entirolv
unknown at its dates to ller Majesty's Government; secondly, any dw
larations it contains were made post litem motam. Even if admitted, it
would l»e of little value, as it cannot carry the case further than it is
carried by Mr. MacLane's letter, on which Mr. IJuchauan's .statements
in this correspondence explicitly rest. Mr. Jiuchamiii does not use a
word that can fairly be considered as conveying his personal testimony
as to the intention of himself or his Government at the time of tlie
making of the Treaty. Finally, if this correspondence is admitted a.s
evidence, then Her Majesty's Government would «ask that there betaken
into consideration along with it the report of Mr. Buchanan's views in
1848, made by Mr. Crampton, Her Majesty'.s Minister at Washington.
and the subsequent communication thereon made to the United States
Government.'
(2.) The other piece of evidence referred to by Her Majesty's Govern
ment as having been adduced on behalf of the United States is the
following :*
Mr. Bancroft, who was a member of I're.sitlent Polk's Cabinet when tho Treaty was
concluded, wrote rei)eatedly to Lord I'almer.ston after receivlnj; tliisi chart, [the traccil
copy of Wilkes's chart altove mentioned,] and nniforndy dttscribed the Straits of .\rni
"as tho channel through the middle of which the boundary is to bo continued."
The communications between Mr. Bancroft and Viscount Palmcrstoii
here referred to were in July an<l November, 1848. The letters
[loj are set forth in the Appendix,* together * with the published
h\
'Mr. Cass to Mr. Dallas, 'JtHh <)<'.tol)er, 185S); read, and cojiy s'ven, to Her Miiji'sty'.-
Secretary of State for J'orei<;n Affairs.
* Appeiulix No. 2.
'Appendix No. li.
■•Mr. Cass to Mr. Dall.is, 'iOth October, 13")!); reail, and coi)y given, to Her Majesty-
Secretary for Foreign Alfairs,
"^ Appendix No. 1.
TION.
SKCONDAM) DF.riNrnVK STATKMKNT OF (JUKAT HKH'AIN. 207
it amouiifs to is
t of tlie I'liitiMl
llllt tllO 'Jlfiity.
tod on the otln V.
ot c(Hniiiiiiiicat('ii
•»'|H'rs(MitiiliV(> oi
idiiij? on tlicin to
•t, Ilcr Miijcsty's
I'nct! Wllicll li;lvc
rsonul tostiiiiDiiy
possible nuiy hv
: rmnci'ol't iwhii
\<i wiittcii t(t Mr.
in incloscil, in ii
of the Stniits ot
ill lie M'riiiu,l\ pic.
stVMIIll III" till' ( llll.l!
ny.
•oft and Mr. iJii
i (lovcniniont, is
laje.st.Y's (lovcrii
ce is proposed U\
If of the United
i nature entirolv
icondly, any doc
Ml if admitted, it
iirther tlian it is
nan's statements
does not use a
rsonal testimony
the time of the
! is admitted as
it there be taken
ianan's views in
at Washinjiton.
le United States
lajesty's Govern
ed States is the
hen the Trciity wa.^
i.i chiirt, [the traci'il
I the Stniitu of Ami
»o coiitiiiueil."
ount Pahnerston
B48. The h'tters
h tlie published
extract of a letter from Mi. llaneroft to Mr. Iliulianan, deseribinjj;
a conversation whieh he (Mr. lianeroft) iiad had witii Lord I'alnierston.
Xostatemeiitof Mr. liancroftmade more than twoyears after tlu'exehanfje
ot nitilieations ('an l)e reasonably lepirdecl as ''personal testimony (!«)n
teiiiporaneous with the Treaty," in wliieh eate^iory it is plaeetl in the
|),i|»('r of .Mr. Cass adducing it. The only use to «lii(;li these documents
oDiild now be fairly applied would b(> to show that Lord Palmerston ha<l
then made to Mr. lianerott admissions now bindiii;L,M)n Her >Li,iest,v's
(ioveinment. Jlut the doeunn'iits alford no ^-round for su«li a snjjfH;es-
tioii.' TIh' course taken by lionl I'alnierston on .Mr. iJauiioft's sectond
litter (in which he tor the sec(uid tinu intimat«'il his view that the
iMHUidary was to pass throu;;h the Canal de JIaro) is conclusive as to
Lord I'almerstoirs view of the position, it is plain, on the face of Lord
I'iiliiierstoirs answer to that letter, that thi^ answer was deliberately
trained so as not. to amount to an admission •>{' the claim put lorward by
Mr. l5ain;roft. If there couhl be, any doubt of tiiis, on the words t)f the
letter, the doubt would b»> jait an end to by a reference to the minut«'s
iin Mr. IJancroft's letter which ]>receded the preparation of the draught t)f
l,(»i'(l I'almerston's answer. On Mr. liancnktl's letter the rnder-Seere-
tary of State made the following minntt^ lor Lord I'alnierston :
Sli.ill tills letter lie jickiiow le(l;;e(l iiiid Mr. I?aiicr(it't lie thanked for it ? And if Ko,
-'i !l the uiuleilined assiuniition of Mr. llaneroft lie jiassed over w iihoiil oli.servation '
The underlined words were, " throuoh the middh> of which our l»ound-
ary line passes." Lord ralmerston's minute in answer was as follow.'*
Tliiink iiiiii, and say that the information enntained in these ehart.s as to sonndinftM
will MO donlit lie of irreiit service to the Coniniissioiu-i's to lie a)i|ioinled, hy assisting;
ilii'in in deterinininji; where the line of liomidary deserilied hy the Tn-aly onj^ht to
lUU.'
IV.
-(). The next cla.ss of Mr. IJaueroft's ar^jfuments is to be fiuind in those
|ias ,i<;es iu which he eontend.s, in effect, that JFer Majesty's (lovern-
nient are precluded from disputin<? the interpretation put on the Treaty
by the United States, on tlie srou»d that theframinjj; of the Treaty was
as he represents) the work of Tier ^Majesty's (joveniment.
-7. lie says, (page L'L' :)
Tliedraiiglitof the Treaty wu.s made entirely, even to tlio minutest word, hy the Hritinh
Ministry, and \vu.' sijjned hy both i)arties withont chanjjje. The llritLsli tJovernmont
lainitit, therefore, take advantafj;e of aiianibijjfnity of their own, otherwise I ho draught of
tlie Treaty would have been a snare. Such is the principh^ of natural ri<jht, such the
e.stahlished law of nation.t. Hu;i;o firotius lays down the rule that the inttM'pretation
imiHt be nuido against the l>arty whieh draughted the contlitions : "lit eontra eiuu fiat
interjiretatio, <pii eoiiditiones eloeutiis est." Ihit no one has exiiressed this more clearly
tlian Vattel, who writes : * ' '
[14] *2<S. Her Majesty's Government submit that the fact tliat the
project of the Treaty emanated from them can be in no way used
to their disadvantage. The Treaty, as it comes before the Arbitrator,
en, to Her Miijesty
en, to Her Majesty'
^ If I notice General Ca.s.s's allusion to the letters wliieli he ^aysMr. Raneroft repeat-
shed H '"'".V wrote to Lord I'alnierston in IHIH, it is only for tin* purpose of jilacing on record
■ what, no «loubt, Mr. Bancroft duly r«'ported to his (ioveriiment at the time, namely,
7TT H that Lord Palmersttin gave Mr. Haneroft distinctly to understand that the ISritish (Jov-
t'l'inneiit did not ae(|iiiesco in the pretensions of the United States that the bound.iry
liiieHlionld be run down the llaro Channel." — Lord .John Knssell to Lord Lyons, Kith
Deccniher, 1859 ; read, and copy given, to United States Secretary of State.
-These observations may not lie thought too iiiinute when it is stated that Ijord I'al-
mcrston's letter has been treated by Mr. Archibald Campbell as a virtual admission of
tli(^ Canal de IFaro as the Treaty channel.
mia
208
NOKTMWEST VVATP^K BOUNDAHY ARBITRATION.
must hi' rofjiinled as the work of both i)jirti<'s. It was in tlie power ot
the J*resi(h'nt or of th<' Senate of the United States to insist on anv
alteration of the terms. Tliey had abiindatit opportunity f<»i conisldei".
ing the terms. The projeet was delivered by ,Mr. rai<eidiani to Mr,
Buclianan, and considered by them in eonferenee, on the (>th of .Innc.
It was sent by the President to tlie Senate on tlie l(»tli of June. U
was considered by the Senate on t'le 10th, 1 1th. and 12th of ,h\\u\ The
Treaty was si{;ned on the loth of June. It was sent to the Senate U,v
ratilieation on the 10th of June. The Treaty, with various incidcndil
motions, was before the Senate on the KHh, 17th, and ISth of June. 31r.
Llneiianan intimated to Mr. Pakenham tliat tlie I'residiMit's nu'ssii<:t'
senditiff the project to the Senate might, and probably wouhl, suf,'>,'esi
some nu)difi(!ations in it. An entire counter proposal was made aiiil
diviih'd on in the Senate; in the pre'iiu'.inary deliberation a formal
motion was divided on for adding a proviso to Article 11 ; and ?li'. jii:
chanan maile repiesentations to Mv. l*akenhai!i respe<'ting the ctrt'ct nt
that Arti(;le.' Sonii .»f the reasons that prevailed with the Sciuite to
induce them to adopt the i)roiect us it stood niay b(» gathered from Mr.
JJenton's speech. Ib^ obJecte«l t< any alteration (first) on the groiind ni
the delay that wouh! be caused, which would be injurious to tlie in
terests, particularly the commercial interests, of the Tnited States : ami
(secondly) becaus;- of the importance to the United States of elosiiii:
the djucstion, as they were then engaged in war with the Hepiiblic ot
^le\i<;o. In all these cireiimstances, the words of the Treaty must he
taken lo be, as they in fact are, the wonis, not of Lord Aberdeen ami
Mr, Pakenhanj only, Itut tin* wonls also of Mr. I'.uchanan and of Un
President an<l Senate of tlie United Stales.
20, The wor<ls cited by .Mi. Ilancrolt f.(Mn (Jrotius's book are not ap
plieable to the picsent case. The passag<> fi(Mii which they are ('Xtiactci!
relates to the case of <li<'tation ol conditions ui pea(;e. The whole chaiitci
to Vihi<'h tlie\ belong is on that and cognati^ subjects. The senteiur
from which .Mr. Uancroft's citatio" is tak<'ii reads in a more coinnlili
form thus :
In il (ill id nil tc III s.'iiNii iii;ijiis I ^l lit <<iiiiia ciiiii li.ii inlfi infiiitiu, i|iii .uiMlitiuiii's cli
( (Ittis est, (|iltiit f>s(' stili't i»(il< iilliH is : est ejus (|iii dnt imii ijiii in-til I'liiidit iitlirs |i;ir
Uai'c [(lict'ir. ] ail Amiil>al.
Tlie ;)assage pioduci'd by .Mr. I5aii<'r(itt i'rtnii Xattel's wor!; ap]teai'stii
Uer Majesty's (;o\ crnment to be as capable of an application iavui
able to litem as of one unfa\oi'able to them.
',W. In another i»la<'e (page .lO) .Mr. Bancroft says:
A pan V <irri'iin'.jr tli • <li,mi;Iil (if :i Treaty is luiiinii 1>\ tin- iiit<T)irii,;;iiin wliicli itkinw
•,\t tin' tiiiif tliiit tli<' (illici- [iiirty ^avc it. I.nnl .Vln -nli'i'ii I'lmiiiit lia\ r doiililcil lin*'
t)u' Tifaty was iiinlristoiKl li\ Mr. .Mail.aiir. liy Mi'. ISiicIimiium, and liy tin' Si-iiiili ••'■
tilt Uiiitt'<l Slatfs. " Wlit-n- till' Ici'iis of luoriii-*!'." wiitc-; rairv, mIuisc wn.k ><ii'< l"ii.:
a tcxt-lKidk at OxCniil, "adiiiil uMimit' sriiMS tliuii uuc.lhi' pidinisc is to lie |M'rt'iirini i
(II tlic M'li.'ic ill w liitli tlir pniiiiiM'i- .'ipprchciidi'd at "ln' tiii.i' that tin- iiiiiiiiistc icn iui:
it. 'I his \\\U luit ditViT lV'.'!!i till' ai'inal iiili-iitinii of liu' uioini.scr. w licr,- the pnuiiiM'
iHlniMii withdiit ciiilMsidii or ii'siTM' ; liiil we put tlirnili ■< tlie alnixr tumi (di'vcliiiii'
r\asidn, AvhiTi'vcr fiif pidiiiisi-r atti-iiipts to niiiku liis rHt-;'!"' liiinii^li •<(iiiir aiiilii;;Mit\
ill tilts I'.sptcsNioiiM wliicli 111' iifii'd."
[ITi] '•Her Majesty's (io\ernment are not here eonceriied to disim'''
<hegem'ial proposition that a party offering to another the ilr.iii;'!''
of aTr«'at> is bound ity the interpretation whicli •*. ^the j)ar(y olVciiii!:
kiu'W at the (ime tin otiier party gave to the draught. I'.iit tlies tl"
«!i><t>nte, ami submit tliex ha\(' disproved, Mr. l.ancroiVs particular i'n'l'
' Api.tiulix St). r», luid liistorit'ul Note, p. xix.
in tlie powiT of
) insist (til any
by f'oi consi(U«i".
kOiiliaiM lo Mr.
ho Otli of .Innc.
:li of June. It
I of .funo. Tlic
I tlio Sonato U,r
rious inci(lciit;i!
h of JlUK'. 31i.
i«'aMit's nicssa;;*'
would, Sll<rjf('Si
was made and
ation a fuima!
II; an;! Mr. jJn
inji" tho cfftrt ot
li the Senate t»
tlierod from Mr.
II the }j;i(tii!i(l (if
vious to the in
ted States : and
itates of closiiii;
the liepultlie iit
Treaty must l»c
I Aherih-eii and
man and of lii'
took are not aji
ey arec'Xtractoi!
w whole eliaiil"!
The seiileniT
inor«' eoiiijiliif
SK( ONJi AND iiKFINI TIVF. > rAT!:>IKNT <il' CRF.AT lilMIAIN. 20!)
,,ili(»n. Lord Aherdeen (he says) eannot have; doubted how the Treaty
vas iiiniei'stood by Mv. ^la^ Lane, by .Mr. lj(u*hanan, and by tht; Senate
„! tiie I'nited Stales. Her 3IaJ«'sty"s (lovernnient have proved that
Lord Aberdeen did not know until aftor tln^ exchanjje, of ratilications
!t jiersonally he «'ver knew) of Mr. !\!aeLane's lettcM' to Mr. Uuehanan,
I .Mr. r>u<'hanan"s lett«r to Mr. ^laebane,' or of .Mr. IJenton's sjieech
the views expicssed in which Mr. IJaneroft seems to ascribe to lie Sen
itf as a body.)
.'>1. The doctrine contained in tlie ])assaf«e cited oy Mr. Ilancroft from
Hr. I'aley's treatise on Idoral and Political Philosophy appeals to Jler
Majesty's (Jovernnieiit jicneraily true,-' but here irrelevant. That (hie-
niiie ai»plies to a ])roinise in th's ordinary sens.', a i;nilateral inomise, oi'
,111 ('ii,a:aj;enient taken by one ]»arty wholly or mainly. It is not appr«»-
iniato to the ease of a contract, wiiicli th(^ same treatise detines as a
iiiutiial promise. A few jtajjes further in that treatise, the following;' is
^tiitnl as "a rule which ;;overns the eonstructiou of all contracts:"'
U'liiitcvt-r is i'\]>('ctril In onr siilr, iiiiil known to iic so cxpfctcd l)y tin- otluT, is ti) In-
.ii'iiii'd .•! pait or condition <it' tlic contract.
This rule ller Majesty's (lovernnient submit to be Jud^jcd by. liven
I' it wer<! admitted (as it is not) that Mr. IJaucroft h;\s shown what
iinoiuits (in the phraseolojiy of '>r. I'aley) to an expectation on the side
of the United States, he has emirely tailed to show on the other sitle
ilnit of ller Majesty's (lovern men t) a knowlet'u'eof the existence of that
ixpcctatiou. On the contrary, ller Majesty's (iovernment hiive demon-
-tnited their necessary ijiuorance on the point.
'ij. v'>ir IJichard Pakenhani (in his ]\'emoraiidum before cited) says, (he
i> writing" some twelve years aft«'r the Treaty, and he s[>eaks therefore
ill ;,'iiarded phrase, but his testimony is clear:)
Itliiiik I can safely jisscrt tliat tiit! 'I'lcaty of l.Mli .Innc. I'^lii, was r<iy;nc<l amt latilicil
iilioiil any intiniati')n tons wlialcscr 'in tli<' part <il' tiic irniti'd States (ioNcrnnicnt
1^ Wi llic particular diiiclion to he v.ivcn to tin- line of honndary conleniplated liy
\iliile 1 if tinU I'realy.
■r
work ap]t<'ars lo
>H<Mti(Mi lavu!
,;ioM wliicli it kiiiv
lase donliled iin*''
d liy till' Seiiat" >''.
use \\(i. k >vas lull.'
i'. to Ite perfdriMi 1
)ironiisi(> rcitivi'ii
w her.' tlie priiMii-'
i\ I- toi ni tHev(lll!li'
ill some aniliij;iiit^
iiied to dispntf
herthediiiii;:!!'
l)arty olVciini;
I Jut tlicvdi'
•articular I'loi'
''•1. It remain . to examine the arguments by whit^h Mr. Ihincroft en-
icavois to show that the lan{;iia,^e of the Treaty points to the Canal <le
iiai'o and to that eiiannel alone.
i.) Mr. r.jmcrolt icters (jta^e lil) to thetioneise foim of expression b;,
'^hieju he says, in lioth countries the liiu! was described as the line of
^ln' '• tiMtyninth paralh" jind l-'uea's Straits." Tw^iobservations occur :
it .Many persons, inclndin;; -Mr. (Ireenhow, used the name l''iica's Straits
''H'liihiace the waters, or iit least t!ie southern waters, of the (inlf of
'■t'oruia. (-) If, in this phrase, the name is not so understood, then the
'ISC of this 4'xpre.ssion (the forty-ninth piirallel ami J'uca's Straits) is of
110 w«'i<4ht in favor (»f Mr. Ihu. croft's armiineii ; for the whole (pies-
I'M lion is where the line is to run, which is reipiired to form *a «'on-
iieetinj'- link between tlie forty-ninth parallel and I'uca's Straits,
'hat name beiiio used in the modern sen.se.)
(ii.) Ml'. Ilancroft says, (pa;;e -.">:)
*V!ien the Treatv si.eaks of •• tlie eliannel." for tli!;t part sontli and wes( of Itirdts
>•>, It iiiiist lilt aii tile Clianiiel of llaro, for no otlici " elianiufi" w us Known to tlie iie^o-
liltd'S.
Al'ONe, parajjrapli '*;!.
It is, liowever, not altoeetliei' nniinpeaclialdc, as will ,i|i]i('ar I'nnn tlie criticiKins of
""'ller lai^lisli aiillior. Aie^fin, l-fctnies mi .Ir.nsjn ndence. \ol, ii. ji. I'JV.
II I.
210
XOKTMWEST WATlirj nOi;M>AK\ ARniTRAIION,
Uif
And he proceecLs to iiistiiiicc niiips on whicli tlio Canal do Uavn uiitl
no other channel is named. This argument assnnies that the relciviici
in tlie Treaty is necessarily to some nanjed channel. Her ^Miijesty".
(Joverninent, on the contrary, liave submitted that the absence ot anv
name in the Treaty is stronjj «'\ idence in fuvorof their contention. Tin
fact that the Kosario Straits lia«l no name specially lits that passage to
be the nameless channel of the 'freaty. The Canal de llaro was con
spicuonsly named on Vancouver's chart and ^^'ilkes^s map. If it liai!
l)een intended to be the channel of the Treaty, it would have been ohvi
ous and easy to name it. Mr. J>ancr(tft can scarcely n)ean to cuiitt'inl
that the Itosario Straits are not a channel, because^ they do not iiciu ■
name of which the word '•channer' is ])art.
(iii.) Mr. IJancioft i>roceeds. (i)a^e U(i:)
A^iiin, tlicwonl '• cliJiiiiii'l" when ciniiloyt'fl in Treat ics, nicair- ii i\ri-\> ami iia\i;;ali|.
I'liaiiiicl, antl wlii-ii tlicrt' an' two naviyatili' cliaimi'Is. tiy flic mli- nt' iiiti'riiatii>iia! !;■«
Ijii'li'i'i'iu'c is to 111! ^ivfii Id tlic laritcst roliimn of water.
That the word " elianiier" means a navigable channel in Treat les^iviifi
ally, anil in the Ti<':iry nndei consideration in particular, is maiiitaiiim
also by llr'r Majesty's (ioveiiimeiit. Jbit they do not admit the existcini
of such a ride as is here alleged, if navijiability is of the essence of ,i
chiinnel, then, as between two channels, )>reference shoid<l be jiivcii in
the one which is the better iitted tor navigation. Now, at the time whii:
the Treaty Wiis made, at which time it must be reatl as si)eaUiii,u, tin
Canal de llaro was almost unknown to and unused by practical navi;,M
tors. It can scarcely, in the true sense of lan>j;iiaj;«', regarded as used a;
that day, be called a ntivigable channel. Even at the present day. wlui
thoroughly explored and surveyed, it is found to be of dilViriilt aii.i
dangerous navigation, especially for sailing vessels, and oidy onesteaiin';
had penetrated into those waters at the<late of the Treaty.'
(iv.) Then Mr. Bancroft says, (page LMI:)
Now. coinjiai't'il with aiiyotlicr channel tliroii^li wliidi a sliip could pass IVoin ti:
.s(>a at till- I'ortyiiiiilli parallel, to tlie Straits ol' I'm-a, the Cliamiel of Ham i- \\\<
hioatlest and the (lee]test, till' shorle.-l anil 1 he Itest. - » ^ » W'i'ii re;;aiil to ii( n;
till.' lonlrast is still iiiDie strikiiij;. ^ *. - .
l>ut, although depth of channel may bean advantage in river niivi;i;i
tion, and may then'fore well weigh in the choice of om^ chiinnel a> ;i
boumlary in preference to one or another less deep, yet de|)th beyond i
(;ertiiin limit — a limit, perhaps, never reached in river navigation— In
oomes a <lisadvantage in iiiivigation of every kin<l, as it lessens tin
facilities for anchoring, and thus incrciises the tlangers of na\ igatidii.
The Canal de Haro is an instiince. Its de|ith is so great that theivan
but few anchoiages in it, and there are none in the main channel: ;iii"^
with this defect, and its rapid ami variable currents, it becomes ,ii
unsafe passage for sailing-vessels. The Ifosario Straits, on tlienilni
hand, whil(\ they are «lcep enough for vessels of the very largest che^
have many anchorages, conveniently and securely situated: tiiid at ili'
same time the regularity of the currents in them makes them coiii|i;ii
tively citsy of navigation.
1 17| *(v.) Mr. Ilancroll further says (ptige -«i) that the Caiiiil >''
llaro is 'Mhe shortest i\u\ most direct way bet\\i'en the iiainll'
of 4!P iind l''uca Straits.'' Unt there is nothing in the Tretity teslid*
that the line betwi-en the forty-ninth parallel tind the Straits of I'lic;, >
to be run bv w hat mav now be Indd to be the shortest and most dim:
'On these points I ler Majesty's (iKVelliinent refer to the eviili II' e ill the Apjii'inli''''
tluii tiisc, pii'seiilt'd to the Arhitiator in Deii'inlier, I'Tl.
ION,
SECOM> AND DEKIMTIVK STATKMKNT OK GREAT HRITAIN. 211
ijil do lliU'i and
It tlu^ rol'civiHi
Her ^liiji'sty"-.
absoiict* of aii\
[)ntt'ntioii. Til.
tllilt J)aSSil;;C til
> ]I;iro wiis con
niiip. If it liiiil
liiivc Ix'cn olivi
lU'iiii to contt'Mil
'V do not liciu ,1
ili'rp :ill<l lia\ l:ialM
I' inli'iii;itii)ii;il iiiu
II Tft'.itit'sjivui',
ir, JS llliUlltilillfM
nit the cxistciii'i
tllC OSSl'IICC (if ,1
Duld be jiivoii tn
iit llic tinu' wliii:
iis si)(';ii<iii,u. tin
l»mctical iiiui;.M
L-iUtlod iis used ;i;
iivst'id diiy. will!
i» of dillieiilt Mini
1 only one stciiini'.
atv'.'
Cllllltl llilSN t'lolll tl!
Mill"! of Ham i>lhi
Vi'ii i('"aril toiliii'^
(' ill liver ni\vi;M
one elianiiel ;i> '
t depth lievoiida
• iiaviiiation— 111
IS it lessens lln
rs of na\ i;;:ititiii.
at tliat theiv iiu
ain channel: ;iiii'
s, it Iteeoiiit's .ii
its, on the oilni
er.v hirjit'sl cIm-
ited : and at ili'
s them eoni|i;ii'
lilt t!ie (.'aiiiil il'
ween the i>iiiiill'
le Treaty toMio*
Straits of Imh;'. >
and most tliin^
•(• ill til.' App.'iMi^;!'
rt.iy. The line is to lie drawn by the channel of the day, the ordinary
,111(1 fnM|iiented iiaviyable (channel.
vi.i Mr. Uancroft, in Favor of the Cantjl de Fltiro, says, (pajjc LMi,)
■Diiliot <le .Mofras describes it as notorionsly the best." From this
uitl otluM' references in the Memorial to this writer, it mijjht be sup-
posed that he was entitled to hijjh resp«'ct as an authority on the
hydrojrraphy and navigation of the region. The tju;^ is \\v was attached
III ii Hiiro])ean Legation in Mexi<*o in ISlO-'iL*. and was sent thene*'
til report on the Oreji'on <listri<'t and neighboring' <'oiintries. In his
iiroiiiit he says, with regard to the ililliciilty of navigation of these
naters. that the Canal tie llaro is '' le ]»assafre le pins facile." He was
iiot a naval oflicer, and appears to have been em|doyed sohdy in a civil
ajiacity. Mr. Ar(;hibald Camj)bell, after (pioting the piissaj;e in which
:1h' (thservation referred to by Mr. JJancroft is made, says:
Aii.l this i)|)inii)ii lit; f l)iill(>t dc MofrasJ must liavt- dcrivt'd fnoii the j;t'in'ral n-port
;■ thus.' ('iijia^^iMl ill the navii;iitiitn of llii'sr waters, as liis own rxploralions arc coii-
-(Imd vi'iy Mi|.i'rtiiial.
It is plain that he hits no personal authority on a (piestion of naviop.-
Mon.
vii.i Mr. IJamroft contends (pa.ti'es L'7 and L".») that the Canal de IJaro
>; the only chininel which sei)arates the Continent from \"anconver's
i>laiid; that there are other passao-cs which divide islands iVom islands,
imt none other separates the Continent from \'anconver's Ishuul; and
that the K'osario Straits touch neither the Continent nor Vancouver's
Maud. IJiit Her Majesty's (Jovernmeiit submit that, even if the i)resent
^tate of knowledge is to lie taken into account, the distinctions here
ittcinpted are nut tenable, as the map attached to Mr. J'.ancroft's
Memorial shows. The Hosario Straits tire, by the evi<lence of that map
ill the respects here mentioned, as much entitled iis the Canal de llaro
to lie logardeil as thi' dividiiijn; chiuinel between the Continent and the
Uliiiid. r»ut the ipiestion must be referred back to the time of the
Treaty, and then the Kosario Stiaits will be the dividing channel, as
liciiig the ordinary track of vessels jisissing u[» and <Iown on the waters
lying between the isliind .md the main-land.
;viii.) Mr. JJaiuaoft (page L'7) foumls an argument on the word ''south-
• rly:" but, as to this expn'ssion, there seems litth? room for discus-
Moti. It is evidently used in ;i large Jind loose sense, as contrasted with
;iliiie carried westwiird to the Pacilic. or detlected northward up the
tliilf of (ieorgia. This is the more evident when it is observed that,
"U a strict constriurtion, the word is applied to the (rontinuiition of the
line tliroiigh the Straits of J-'iica, where its <lirection would in fact be
ocsteily, or vxvu in part northwesterly.
i\.) Mr. Jbincroft further says, (page L'.'^:)
111.' 'Ircalv coiitt'iii]ilatcs a coiitiiiiioiis cli.'iiiiii'l to tlic I'acilii'; tlic clianiicI of llaro
.11.1 Fiua's Straits form siicli a conliiiiioiis cliaiiin'l, and a glance at tlw ma|) w ill .sliow
that no otlicr cliaimd can juftcnd to do so.
Ml. ManerolVs map speaks for itself; it is dinicult to see on it a
iii^ilier dcgict^ of continuity in the Canal do Haro thiin in Kosario
^'liiils. In fact tlu^ waters ptissing southerly through the liostirio
Straits are derived from the <lulf of (ieorgia alone ami uninterruptedly,
^\liile the Canal do JIaro is in the southerly direction siijiplied only
partly imd indirectly by the wati'is from the soutlu'ru termination of
tint (itilf of (ieorgia, and partly and nnu-e dire(;tly from th(^ wtitera
'lowing through the passages b«'tw«'en Nancouver's Island a'ld the,
ut-'hipelagd oil" its eastern coast. This is obvious on the map, and is
ww^'
•> 1 •>
NOHTHWKST WATKU lUKNUAKV AlfHlTlIATlO.N.
e<)iiliiiiu'«l Ity «>l)se] vation. The flow of an inti'iiiiiitrd ImkIv <»r wat
•IT
fioiii tlio (liilf of (Icoi'^ia tliroiijih tlic Kosaiio Straits cai
•T
Isc:
U
[18J iiiarkcd i«';>iilarity of (Mini'iit in *tliat passaj^c, wliiN* in the
Canal do llaro, on the contrary, tin* «;nrr«'nt.s an* iir«';;nlin'. tin-
waters llowin}; into it Ijeinj;' l)i'oken and disiwrscd by tin' islands in ainl
neai' its in)i'tlH'rn <'ntran<;i'.
(x.) Mr. JJaneroft lalxus the p. int (pajic L'S) that th(^ naiiu' Kosaiio
►Straits was not ^ivcn till of lat«* to tiie channel thronfih whicii Van
con\^'r sailed. Jler Majesty's (lovennnent are not concerned to disinitc
this. Hnt they have iM)t invente<l tln^ luiine of Kosario Straits (as Mi.
JJancrroft seems to think) for the pnrposes of the present discnssion. .\h.
Archibald Caniplu'll {^ives a history of the naiiu's borne at dinonm
times by the channel, eiidinj^ thns: "It is now [IS.")!)] universally called
Itosario Straits." It is, in tact, calle<l so over and over ajjain in United
States »»nicial documents, and it ha«l been named Ifosario Strait (»n tin'
null) of the United States Toast Survey (by laeutenant Alden, United
States Navy,) i)ublished in IS.YL
(xi.) Lastly, Mr. JJaiuroft says, (paj;'e L".):)
Xow, flic so-('iillc<l stiaitsof Kosai'io lead only to a Soiiiid, wliicli Spaiiisli voya;;ti-,
rall«'«l tin- lia.v ofSiinta Kosa ; tlit-y do not eonm-rt with l''Mea"s straits, which ccaw;it
the sonthcastern ]ironiontoiy ol' Vancouver island.
Her Majesty's (iovernnuMit sid)mit that it is plain that Kiu-a's Stralt>
even in the uujre modern and restricted .sense of that name, extend to tin-
western coasi i>f ^Vhidbey Ishnul. Formerly, they u.sed to be consideicd,
at least by numy persons, including; Mr. (lr«'eidiow, as sweepin;; nminl
to the ninth and northwest throufjh the archipelajio which lies i)e
tween the Cantil de Han* and Kosario Straits, and as includiii}^ in tlieii
waters both those itassaj;es. On (plumper's nuip, indeed, the eastern
most part of the Stniits is m vrked Seno de Santa Ivosa. I'.nt that map
(the earliest extant) is a very imperfect representation of the land and
water of the «listrict, and the name of the Jlay of Santa Rosa nevd
jjppears a<,'ain ini any nnip known to Her Majesty's (lovernment.
.M. In connection with this bram-h of the subject Her Majesty's (lov
4'rnment th'sire to j^inird against an ernu- that might be caused bv tin
nnip iittached to Mr. IJancroft's Memoritd, (which may be taken as a
siimple of the most Jiiodern maps.) This map n'pre.sents a state ui
geoyntphical and hydrographical knowUMlge very ditVerent from tluii
which «'xisted at the date of tin* 'I'n'aty. In i)ne rcspe<'t this consideia
tion is of grciit importance. The islands shown on this nnip, fiutiiiii;;;!
chain along the eastern coast of N'anconvei's Island, named (ialiaim
Isliind, Mayne Island, Samuel Island, and Saturna Island, were at the
diite of the Treaty siippo.sed by both ('ontracting Parties to l»c \t:\\\^
of N'aneoiiver's Islaml. A compiirison of maps of the date of the Treat)
with maps of the present day will slntw this conclusively. Her Majest/^
(lOvernment adopt the words of Mr. Aichibald ('am[»bell :
None of the nni)>s cxt.'inl at that day [tiie dale ol' the Treaty) |>resent a perlViir.
corrt!cti idea oftlH' space hciwccn the continent and Vani'oiis n's Island, at, iiinl iiiini'
dialely south of, tile rorty-ninlh ]iarallel. 'i'lie .Straits of I'lica and tiie Arclii|ii'l;i: '
east of till- (.'.inai de llaro are fairly enonj{h rc|»i'esciiled ; hnt hetweeii tile llaioAnli
itela^o and the foi'ty-nintii |iaraliel the space is inaccnrateiy I'cpi'esentcd as iVcc ti>'i>:
islaiuls, and, eonset|iientl,\ , with hnt a single channel hetweeii the coiitiiieiit anil '>»'
•••nvj'i's Island. 'Ihe siiiveys made siii»sc<iiicntly to tlie coiiclusioti of the 'I'loatv -li""
that what wa.s laid dmvn hy the early Spanish iiavij;atois, by Vancouver and hy \\ lll^l^
lis the cjwlein coast of N'aiicoii vers Island, is, in ia<l. the coast of an exfeiisivi- aulir
{lehitro skirting the shoie of the iiiain ixhiiul iK-twoeii latitude |r^ 47' and VJ l".
Now, Her Majesty's Government sidunit it to the Arbitrator as acltui
piopositiun that the Treaty is to be int«'rpr«'te«l uecordinjj^ to the emu
riox.
SKCONU AMI DKirMIIVK STATF.MKNT OF (JK'KAT I'.KITAIN. 'Jl.'J
I IkkIv <»r water
straits Ciiiiscs a
I', wliiU' ill the
•c irit'^iiliir. tlic
V isliituls ill iiiitl
{' iiaiiic Ikosaiio
iikIi wliich Van
i'IikmI to «lisi»iiti'
i> Straits (as Mr.
(liscus.sion. Mr.
•me at «lin'eii'iii
iiivorsally called
aj^aiii ill I'liittMl
lio Strait ttii llie
t AUlt'ii, riiitci!
Ii Siiaiiisli viiya;;ii>
ail.s, wliich (caM:!!
t Fiica'.s StraitN
lie, c'Xtoiid to till'
to bo coiisidcnMl.
sNV('«*piii;i' roiiml
o wliicli lit's 1)1'
iicliHtiii;;; in tlicii
f'cU, tlic eastern
. iiiit that iiiiip
of the hiiiil ami
aiita Kosa never
veninieiit.
r Majesty's (im
>e ean.sed hy tin
y lie taken as a
seats a state di
eieiit Tnun tlial
t this eoiisiileia
I map, I'oriiiiii;; i
iiaineil (ialiaii*'
and, were at ili<'
rties to i>e palt^
ite oftlu' Tivat,\
. lleiMajcst}'^
"U:
) preMelll a pel lull
liiiiil. at. anil innii'
mil (lie .Vicliii»l:i:
eeli tlie llaro Anli:
■eHellted as free ll"ii:
(•(nitineiit ami '>•»"
of tlu) 'rroaty -li""
iiveniiMlli.v \VilKi-.
Ill ext«'nKJve aulir
«7' aiul 111 !"•
itrator as aflfi"
ilinL' to the i'"'i"
l!ij iiion knowh'djie and niidei*staiidiii}i: of the Contraetiny- Parties
at th<' time.' flierefore. in jnohJiiyiiij; tlie forty-ninth parallel
to the mi(hne of the channel between thi; Continent and Vancouver's
Island, iind in drawin;; the ntid-ehannel lino southerly therefrom to
luoa's Straits, tin* Arbitrator will have to «!Oiisider the ehanni'l, at and
iiiniiediately to the .southward of the forty-ninth ]>arallel, as bounded
on the west, not by the eastern coast of N'anconver's Islaml, as now
iscertained, but by the broken line of coast, which is, in fact, foriiu'd by
the eastern shores of (iaiiaiio Island and the other islands of that chain.
.!."». With refen'tice to maps, another <listinctioii re(|nires notice. The.
Miaj) spoken of as Wilkes's ma]> of the ( )re<i(Hi Territory (an extract of
which is Mr. llancrott's map V) is merely a ma|». in the or<linary sense,
,iiiil is not a chart with somidiiijis marked or <»thi'rwi.se adapted for i)nr-
]iiises of navij>ation.-
.'.(1. ,"Mr. Ilaiicroft speaks (payc L'S) of tin- place of a j>ai ticiilar name
••()/( < nrii iiKijt usrd III/ tlir iKfinfidtois." Who are meant by tin* iic;;otia-
•iii> lines not appear. In (he ordinary sense, the negotiators were Mr.
I'.iUriiliaiii and Mr, I'.nchanan. Their is no evidence known to Her
Majesty's Ciovernnient of any ]iar'icnlar map. or of any map, havin;:
iiecii used for the piir|)oses of the iicLiiitiat inns which issued imme<li
.ilely ill the Tii'aty . There wasainaj) belbre Mr, I'hcrctt and liord Aber
ilei'ii in one of their cnnversations.' but what map does not appear, Mr.
M.icLiiiie, it would seem, used Wilkes's map,' but there is no evidence
iiial lie and Lord .Mu'ideen tnyclher referred tn that or any other map.
AsrcjL^ards Lord .Mierdeeii him.seli', he pioltably used \ancon\»'i's chart,
iiiit it would rather seem that he did not ;;i\e mmh attention to a map
ill the matter. In his iiislriietioiis to .Mr. I'akenliam,' he mak(>s a slip
II iisiiiiL; t he iiaim' of Kiii;i' ( ieor;;e'.s Sound, an obsolete name loi' Nootka
Niiiiid. instead of the (liilf of < icor^^ia :'' and, in his statement to Lord
liiliii liiissell in is."")!t/ he says it was the intention of the Treaty to
iiliipt the mid channel of tiM> straits as the line of demarkat ion without
;iiiy reference to islands, the i)osition, and. iinh^'d, the very existence of
"liicli (he adds) had hardly at that time been ai-ciirately ascertained.
Mf. Itanerol't says, (liajje ."> :) " .Since tlie intent inn of flu ne^roti.'itoi's innst rest on
'iir knowitiliri' in their )(nHsi'.ssioii at tile time when the 'I'rea^y was maile. I siiall use
ilir I'li.'ii'is anil ex|iloratii)n.s whieli have ailv aneeil, or profess to have atl\ aneeil, our
Kiiiivvji'il^r). i,(° III,, riinnliy in ipiestion, anil w liieli are anterior to that date."
■ Tiieii' was no eliail issiieil with the Narrative ot the I iiiteil.States l'',\)iloriiiir Kxjie-
ilitiiHi. miller Lieutenant Wilkes, as |iart of the atlas eoiineeteil with it, or otherwise.
Iiiilctil. no eliart, show iny the surveys of lluit I'.xpeilition in the < Irejfon region, ajipears
tn have hiTii |Mililisheil np to the time of tin- eorrespoiiileiiee het with Mr. Itaneroft anil
l.iiiil I'ahiierston in .Inly to .N'oxeniher, Is-Js, Appeiiilix No. I.
Aliiivr, paraj{raph l'.l.(viii.)
Almve, para;;rapli !".•, ( ii.)
llistorieal Note. )>. xii.
Mr. .\rehilialil Camphell remarks on this point: " Lord .Mierileen, in iraein^ the
l"iiiiiilary line, follows tlie forty-iiintii paralh't to the sea-eoast and detleels 'tlienee in u
-iiiiilii'ily direetion throiijjh the center of hiiiii Unn-iii's Sound and the .straits of I'licii
to the ocean.' On either of the aeeompanyiii;; tracings, and indeed upon any map of
tile northwest coast, we may look in \aiii for ' Kin;; (Jeorj^e's .Sound ' between the Con-
iiiieiit and Vancouver's Island. This mistake is not so readily acei<iinteil tor as .Mr.
.Macl.aiii's in rcy;ard to IJireli May. as the name is nowlnMi- to lie found on Xancoiiver's
'iiait. which is s;iid to have I n used hy the Mritish I iovernitient in refercnee to the
'valcr Imiindary. ' Km;; (Jeor^je's .Sonnd'iH the name that w;is ;;iven in 177"'. Ity ('iip-
taiii Clink, to Nootka .Smind.on the western coast of N'ancoiiver's Isl.-ind, lietweeii laii-
"iili r.i aiid.'iO . The iiaim' was never much in voj{iic. except to distin;;nisli a nieicaiitile
^i^Miiiation formed soon after the discovery of Nootka, called the 'Kinn Ot'or^je's Sound
'iMiipanx.' Tlnyi' is, liow-ever. no need of conjecture as tn Lord Ahi-idecn's actual
iii'aiiiii;{. lie simply miscalled the tJiilf of (Jeorjjia."
Ajtpeiiilix No. 1.
t
WW
214
NORTHWEST WATER BOUNDARY ARHITRATON.
•$ ^
I':-!
37. Finally, it should be noted that the fact that the Canal de Jlain
has lonj? borne a proper name on the maps is no evideiM'e of thf
|li(»J superiority of that passage for ])urposes *of navigation, it would
seem to have been aecidentsilly distinguished by a name, Im'Ioic
and at the date of the treaty, from tiuMurcumstance that it obtained n
name (Canal de Lopez de Ilaro) on the Spanish maiiof (^uimper's (disci
vations of the Straits of Fxw.i in 17110.' But it was little known, extciit
by name, at the date of the Treaty, and for some time affer.
38. ller Majesty's (Jovernment have now finished their examiiiatinn
of ]\Ir. JJanerott's jNIemoriai. They do not trouble the Arbitrator witli
any remarks on sueh parts of it as refer to the Lecture or J'amphlct ot
Mr. Sturgis, the observations of Mr, IJates, the arti<*les in tlie(^uartt'ii\
Keview and the ICxaminer, and other matters which seem to them to liavc
little (if any) beiiriiig<Mi the <iiiestl»)n to be decided. The interpretation
of the Treaty cannot be affected by the pul»lic discussions which preccdtd
it, nor can any amount of unothcial declarations as to what ought to In*
done be evidence of what the ( Jovernments of the two countries inti'iidtd
by the Treaty to do.
31). Is'or have Jler ]\rajesty's (lovernment thought it ne<essary t(M\
amine in detail the i)assage in the Menjorial (page 23) which is headcil
" riea for the integrity of Sir Kobert Peel's Ministry," or the correspond
ing passage (page 31) which forms the (!oncluding i)aragrapli of tin-
Memorial. Uer Majesty's (Jovernment see no necessity for any siuh
plea, and no ground for the suggestions in the passage last referred to.
The characters of Sir IJobert l*eel and Lord Aberdeen place them beyond
suspicion of having acted with insincerity or duplicity in any ]r.\v{ ot
this transaction. Moreover, the fraidvuess with which Lonl AbenU'cn
communicated to Mr, MacLam> the project of Treaty, in which no incii
tion is made of the Canal do llaro as the channel thron h which tin-
boundary should run, sutliciently shows that Mr. JNiacLanr had no smv
ground for his surmise that the Canal de Hunt was contemplated In
Lord Aberdeen as the boundary chaniu'l, or, at all events, was so at tin
time when Lord Aberdeen framed the i»roJect of Treaty.
40, The Arbitrator will not liiil to observe that the explanation gixcii
in this Statement of the mention by Mr. MacLane and ,Mr. iJentctii oi
the Canal de Ilaro, far trom involving any dishonoring imputation. i>
entirely ijonsistent with the view, which Jler 3Iajesty*s (lovernini'iit
sincerely entertain, that ]Mr. MacLane, and all those who in any degree
represented the United States on the occasion of the Treaty, acted with
perte(rt good faith. .Mr. MacLane, it .seems almost certain, misled hiniseit
by a misajiplication of Wilkes's map, and Mr. Denton was misled eitliei
by 3Ir. MacLane's letter, or by a misapplicatitiii of his own geograpliieai
knowledge, or by both,
41, Iler Majesty's Covernment then submit to His ^Majesty the Arl>i
trator, on the whoh'case, that, whether he looks at the general positioii
of the two nations with reference to their claims to the Orejioii
[21] district, or at the circumstances atten<ling the *particular traiisiK
tion which issued in the Treaty, or at the language of the Treaty.
he will be led to atlopt the conclusions of ller Majesty's Governnu'iit.
' A copy of this iiiiii) was not in tlie possession of Her Majesty's Ctoverninent at tln'
time of Hie ]irepuratioii of their t'ase presented to tiie Arliitrutor in Decenilier, 1H71. IV
map, wliich seems to he tiie result of mere eye-sketches, isof small value in itself, Itili-
serihcs itself as made hy (Jjiiimper's " primer pi lot^o," (first nnite, or muster.) Don (imi-
/alo Lope/, do lluro. This fai^t may uecoiint for tht; promiiieiieo givoti to the eliniiiul
Iiearing the name of llaro, Unt little more than the southern mouth of the ehaniiel i>^
shown. The southern entrance of Rosario Straits is iiulistim-tly shown as Uoin tls
Fi(lal)iii>.
SECOND AND DKFINITIVK STATKMENT OF GREAT I5R1TAIN. 21 f)-
4-. His ^Iiijosty the Arbitrator has been ploased to takooii hinisolf to
iniccitaiii tlie chainiel of the Treaty, on the faihire of the Coinini.ssiouers
appointed by the two (Joveiiiinent.s to aftiee. In the execution of this
task, he has to h)ok at the state of things as tiiey existed at the time of
tlu' Treatj'. lie lias to determine tliron*-'!! whit'h of the two channels,
ilip Kosario Straits or the Canal de llaro, the line oufjht to have l)een
drawn by ('ommissioners appointed for the purpose the day after the
ixdiaufre of th(» ratilications.
4.'!. The considerations, connected with the hydrofjraphy of the region
iiid with the history and existing conditions of the navigation of its
waters, on which, as Her Majesty's (lovernment sidnnit, this deternuna-
noil cannot fail to he in accordance witii their conclusions, are I'uUy set
forth in the ("asc presented by thenj t(» the Arbitrator in DcM'cmber, 1871.
The channel ot the Treaty is that one of the two channels in (piestion
nliicli was thr main navigable channel, as known an«l used at the <late
ii'tlie Treat\. That «'hann»'l is the Kosario Straits.
i
1P^"
IlISTOIMCA I. N(JTi:.-ls 1 s To 1 s 4 r. .
IS is.
Ill ISIS iin ii;;r('i'm('nt was conic to Itctwccn the (lovciiiiiicnt ot Ifis
llritimiiii' -Miijcsty and that of tlic Tnitcd States respecting' the Itoiiinhirv
line between the llritish anti L'nited States territories in Noithwesteiii
Aiiu'iica.
It was aji'rced in siil)stan<'e that for tiie space extendini;' from the
I/,ilu' of tlie Woods westward to I lie K'ocky (tiieii caded the Sfony^
Mountains, the lMHindai\v line should be the forty ninth paraMei of iiortli
!,ititii(le.
Witii respect to any couidry tliat niijiht l»e ehuined l)y eillier |>arty
.111 tile northwest coast, westwartl of the Itocky Moiintains. it was agreed
iliiit for ten years the same, with its harbors and the navi;;atioii of its
rivers, shoidd lie tree and open to the vessels, citizens, and siibje(;ts of
ilii' two Powers; with a proviso that the a^reeiiieiit was not to iircjndice
my claim which either jiarty nii.nlit have to any jiart of that country.
This aj^reemeiit was embodied in a Tieaty made at Loinlon, I'Otli
October, ]S1S.
The district betw(>en the IJocky Mountains and tlu' I'acilie, or jiart of
It. caiiH^ to be known as Ore^^oii or the Orej^ou Territory or district, the
iiiiiiie beiiit;' taken from the Oregon Kiver, now usually called the
Ciiliiiiibia.
The northern boundary of this district, as it was in «iuestion betwr'cti
tilt' two (jovernnients, was the parallel of 04° 40' nortli latitude, beinjj
till' southern boundary of the Kussian territory, as recofinized by Treaty.
The southern boundary was the iiarallel of 42° north latitude, beinjjthe
northein boundary of the Spanish territory, as reeo<>nized by Tn'aty.
The British Plenipotentiaries who negotiated tlie Treat,v of 1818
acceded to the arrangement relating to the country west of the Kooky
Moimtains in the lioi>e that by thus leaving that country open to the
ti'Hdeof both nations, they substantially secured every present advantage,
while renn)ving all prospect of immediate collision, without precluding
any further discussion for a definite settlement, lu their Judgment the
American Plenipotenti.aries were not authorized to admit any territorial
• laini of Great liritain iu that quarter to the southward of the Straits of
I'liea, although the.y would have consented to leave those straits and
tlio waters (u>nnecte(i with them in tlie possession of (ireat liritain.
1824.
ill 1824 negotiations were resumed for tin* settlement of questions
bt'tweeii the two nations, including the <iuestiou of the boundary west of
the Rocky Mountains.
The Jiritish IMeuipotentiaries contended for the right of JSritish sul)
Jects to make settlements in the disputed territory, a right which they
' Keferretl to iu the Stateniciit, 1111^0 2, \mr. :<.
m
w
^^^mnm
218
NORTH WKST WATKR HOl'M»AKY AKIUTKATION,
iiiiiiiitainoil was dcrivi'vl not only Troin dist'ovciy, but also IVom iisc.
[iij occnpancy, ami scttli'mcnt. Tlicy proposed that Artie;!*! Ill •(,!
tli(* Treaty of London of ISIS should cease to have elVe<'t, and tlint
the houtidary line west of the Itoeky Mountains should be diawn tin*-
west to the jjoint where the forty ninth parallel strikes the yi'eat mtrtli
easternmost lirain'h of the Oregon or Colundna Itiver, marked <ni tin-
maps as M(!('iilli\ ray's River, thence down alonj; tln^ middle of tlmt
liver, ami d(»wn alony the- middle of the <)re;;(»n or Columbia to its juih
tion with thc) I'acitic <)<'ean.
The propiKsal of the Tnited States IMenipoti'iitiaries was to the ctl(( i
that the term of t«'n years limited in Article 111 of the Treaty of lsi>
should be extended to ten years fiom the date of a new Treaty, but tliai
the rijjfhts of settlenu'Ut ami other i i;;hts shoidd be restricte<l dnrin^i tin
new term, so that the citizens of the United States shoidfl form no stt
tiements to tlM> north of the forty-ninth ])arallel, and that Hiitish subjcctN
should form no settlenuMits to the south of that parallel, or to the north
of the tifty fourth.
Terms were not a;;iecd on, and the Conference came to an cml in
.Inly, isi»4.
ISL'd, ISL>7.
In November, ISiMi, nejiotiations weiea^^ain resnnn'd.
The Cinte*! State's projiosal was, that if the forty ninth parallel
should be found to intersect the Orejjfon ov iMc(Jillivray's ifiver at ii
navipible point, the whole course of that river then<'e to the occnii
should be nnide perpetmilly fre«' to ]iritish vessels and subje<*ts.
The liritish I'lenipotentiaries were antb ized to olf»'i- that it tin-
United States would consent to the C<»luml)ia oeinji' the southern Ibitisli
frontier, the United States should have the harbor in l>e Fnea Sti;iit.
called by \'ancouver Port Discovery, with land tiv«' miles in brcailtli
encircliii};' it.
Should this oiler not fully satisfy the United States, the llritish IMcii
ipotentiaries were then authoii/.ed to exten<l the proposition, sc) as to in-
clude the cessi(m by (Ireat Ibitain to the Unite<l States of the whole
peninsula comprised within lines descrilted by the J'acific to the west.
l>e FiH-a's Inlet to the north. Hood's ('anal (so called in Vanconvci">
charts) to the east, and a line drawn from the southern point of Jlood"^
Canal to a point ten miles soutli of (Iray's JIarborto the south, by wliidi
arranj;ement the Unit<'d States would ]>ossess that peninsula in exclii
sive sovereijjnty, and would divid<> the i»ossession of Admiralty Inlet
with (Jreat Ibitain, the entram-e beiny tree to both i»:irties.
The ncf^otiations ende<l in a Convention dated tJth Auj^ust, 1S1*7. Tlii>
Convention cimtinned Article III of tlu' Treaty of ISIH indeliuitely. lint
with power to either party to put an end to it on twelve months* notice.
(after L'Oth October, I.Sl'S.)
The Convention also contained a saving for the claims of either partv
to any part of the country west of the IJocky .Mountains.
1 827-1 SI'J,
I'l
Ncf^otiations on tlie Orefjon (piestion remaint'd in abeyanc*^ until tlif
special mission of Lord Asliburton to the United States in 1842, wlitti
he received the followinjr in.strnctions on this subject :
Yttur l(inlHlii[t may, tliiMolon'. )iro|to.solo the Ooveriiincnt of t\u'. I'liited States, ;i.-;»
fair aixl e(|iiitaltl«- »ilJiistiiu*Mt of tlii-ir.[tiH' two (ii>veruiiu'nts] respective elaiius. a lim-
H' to illl 011(1 ill
SECOND ANI» UKFINITIVK SIATHMKNT OF (SHKAT URITAIN. 21!)
iiriioiuxliiiy <'oiH)iit*iii'iii;; at tlic iiioiitliut'tli)' t'oliiiiihiii HIvit; tlii-iKc liy ii liii<> (li.iwii
iildii^ tli<^ iiiiiUllc (if tliiit riv(-r to its iioint of ((iiilliiciicti witli the (ircat Snake River ;
iliciice by a line carried dntj east of tin- Rocky or Stony Moiinlaiiis ; and tliciice Ity a
jiic drawn in a nortlieily direction aloii^ the said mountains until it strikcH tlie forty-
ninth paralltd of nortli latitude. 'I'he southeiii hank of the ('(duuihia River would
jiii] thuslx* "left to the AniericaiiN and tlKWiorlhern hank to the Kn^lish, the naviga-
tion of the river hein^ free to hoth.it heiu); understood that neitiier |iarty should
iiinii liny new settlement within the limits assi<;ned to each mi the north or south side
t' the river respectively.
Sliiiidd your hu'dshi]) lind it ini|iracticahle to <ditaiii the line nl' houndary ahove de-
.(lilicd, Her MaJcHty's (lovcrnment would not refuse their assent to a line <d' houndary
riiiiiiiiencin^ at tin; Rocky or Stony Mountains at the |ioiut where the forty-ninth par-
illi! (if m)rtli latitude stiikes those uuiuntaius ; thence alon;; that |iarallel to the point
(\li('r(> it strikes the irreat northeasternmosi hrancli of the (dluinhia River, nuirked in
ilic iii.'ip as Mctiillivray's River ; thence down the middle of that livcr and down the
iiii(hlic of lh(< Coluinhia River to its j met ion with the ocean. Hut your lordship will
KJt'ct the )iro|iosal tormcilv uuuhMiy tht^ Anuiican (iovernmeut, in case it should he
r('|ii'alcd, of following the lorty-iiinth parallel of latitude fioin the Rocky .Moiiiitaiiis
;ii till' < •ceaii. as the houndary of the territ(U'y of Ihe two Slates.
It the (iovernineiit of the I'liitcd Slates should icliise the proposed coiniiroiiiise, and
>liiiiilil iieverlheless deleriniiie to annul llii! ronveiition of 1^*27, the rights of the Itrit-
<li (iiivcrnineiit to the whole of the terrilory in dispute must he coiisiih-red as iiniin-
iiainid.
Tlii.s inis.sioii ivsnlt«'«l in tlic Treaty «>f \Vasliin}jt<»ti of 1>tli Aii{,'ii.st,
1S4L', wliicli contained no airanjjenient le.spectin;;" Oregon. The main
icasoii tiiat induced Lord Ashbuiton to abstain t'roin proposing;' to carry
(III tlie discussion on this sultjcct was tlie apprehension tliat thereby the
M'ttlement of tiie far more important matter »>f the Northeastern bonnd-
an niijulit be imi)eded or exposed to the hazard of faibire.
ISI.!.
of either iiiirt\
111 Ati}>nst, 1843, Mr. Fox, Ih'r ^lajesty's Minister at Washinjjton,
wii.s asked whether tlie Cnitetl States (iovernment were taking;' any
steps in fnrtheran«'e of the Orejyon ISonndary ne*;()tiation, and to state
that Her 3Iajesty's (i«)vernment were wiiliiif;' to transfer the iK'tiotiatioii
to Wiishinjjton should the United JStates (Jovernment object to London.
In ()<toi)er instructions were sent to ^!r. Everett, the United States
Minister in London, to treat with Her 3Iajesty's (Iovernment for the
ailjiistment of the Jionndary. In the mean time Mr. J'akenham had
lit'cn appointed Her Majesty's Minister to the I'nited States in succes-
sion to Mr. Fox. iJefore his apjiointment had been jia/etted, JNIr. lOverett
iironiied Lord Aberdeen orally that he had receivetl junvers to nej-otiate
tiio Orej^on tpiestion in London. Lonl .Vberdeen, however, state<l to
liim that a new ]Minister had already been appointed by Her Majesty to
in';iOtiate at Washington.
In consetpience of this arranf-ement the neootiat ions were removed to
Wii.sliinoton, and Mr. Everett stated in a dispatch to his (i(>veinment'
tiiat he would use his best eflorts to products such an impres.sion on
I'Onl Aberdeen's mind as to the prominent points of the (picstion as
iiiijilit have a favorable influence in the preparation of the instructions
to be };iven to ^Ir. Pakenham.
In an interview with lionl Aberdeen, Mr. l^verett ur<;etl that the
i'onndary should bo carried idonj^ the forty-ninth ))arallel to the sea.
l-ord Aberdeen said thtit this proposal had been made in ]S24and IS2(5,
ami rejected, and that there was no reason for believinfj that this conn
try, more than the United States, would then agree to terms which bad
Iteon previously declined, and that couse<iuently there must be conccs-
' Appendix No. ]U to Mr. Haiicroft'ti Memorial.
np'W'"^ippp"
220
NOKTIIWK.ST WAIT.U IKd'NDAHV AKUITKATION.
m
sioii on both siil«'s, on \v1ii(;li piinciph' Lord Ahcnlccii <'.\|M'(>ssim1 lijtiisclt
uillin;; to iict.
Ill l>4>c(>iiilK>r Mr. Piikciiliiuii was aiitliori/cd to roopcii ii«'^oti;itioii>
at Wa.sliiii<ftoii on tin' Oii'^ioii (|in'stioii. Ilr was dircctcil to iiiakv suli
staiitially ilic> saiiir proposals tor tlM> scttlcinnit of tlic hoiinilai-y as limi
Itri'ii inailc liy (iicat liritain in 1<Sl.M>.
II4^ was aiitliori/<Ml to add, should that pro])ositioii lio t'ouinl to
[iv| lu' iiinM'c«'ptal)N', that *ll('r Majesty's (lovciiinn'iit wonld he willinn
to coiivci't into a IVih' port any harbor, cither on the main land m
on N'anconvcr's Island, south of the forty-ninth ]>aralh'l, wliirli iIh'
Initrd States (loverniiu'iif nii^iht «h'siie.
I'liither, if he should think that theextension of the |>rivile<^(> woiilil
lead to the linal adjiistineiil of the ipiestion, he was aiithori/ed to di'
i'lare that Ib'i' Majesty's ( loverninent wonld be willing to make all tln'
)»orts wit hill I )e I'liea's Inlet, and south of the forty ninth parallel, lice
jiorts.
Should these proposals be reji'eted, he was then to propose that tin-
whole (|iiestion should be referretl to the arbitration ol a friendly Sii\.
erei;;n State.
In the e\eiit ol" the I'nited States (loxernmeiit refiisiii}"' to aiiicf t>i
arbitration, In^ was then to jnopose that the Treaty of IS1S-L*7 slidMij
be renewed for a further ju'iiod of ten years.
In thee\«'nt of nejiotiations lieiiiy broken olf, he was then to derlar.
to the I'nited Stales (lovernmeiit that ller Majesty's (lovernmeiit siil!
asserted and wonld maintain an eipial rijiht with the I'nited Stiitc-
to the (»e(iipalion of the whoh' of the territory in dispute, and lliat ;i>
ller -Majesly's (lovernment wonld carefully and seriipnioiisly absinin
and <'anse ller .Majesty's snbjeels to abstain from any act whieli iiiiuiit
be justly considered as an encroachment on the rijihts of the I'liitnl
States, so they expo«'ted that the (lovernmeiit of the I'liited Stato
wanld exhibit and enforce on their ]>art an eipial forbearance witli
respect to the rijuhts of (Ireat IJritain, which ri^xhts, belie\ iiii; them to In
just, (Ireat IJritain wonld Ik* piepared to defend.
1844.
In February, 1844, Mr. Pakenham adilressed u not»^ to the I'nited
States Secretary of Stat*' i)roposin}j a renewal of the nepitiatioiis.
which jiroposal was favorably receiveil by him.
On L'liinl Anjiust, jNIr. I'akenhnin received a iMititicatiou from Mr
('nllioun, then tlie Secretary of State, that he was jirepared to pntcet'il
with the nejjotiation.
At Ji conference on the LMIth, Mr. Pakeidiam laid before Mr. (^allMHin
the pro|)osal authorized by his instructions relative to a free port eitlici
on the mainliind or on Vancouver's Island south of the forty iiintli
jiarallel.
Thisi>roi)osal wasdecline«l by ?ilr. Calhoun, lie afterwanls presoiittMl
a jiajier (dated September .">) statin;^ his reasons. The paper ht';:aii
thus :
Till' l'iHl('rsi;»ii('(l Anu'riean Pli'iiipDtt'ntiuiy dfcliiich tlie piopimtil of tlm Itritii'li
IMtMiipotentiiny, on flu- jtroiiiid tliat it wonld linvc tlir cHcct of ifstri<tlii>{ tlie itossi"*
>*ions of tilt' I'liited Stiites to liiiiiiH far more eirciiiiiKcrihed tliiiii tlieir cjaiiim cli'arly
«'iititle tlu'iii to. It pi'opoNe.s to limit tlitdr iiortliern lioiiiidary liy a line drawn Irom
tlie Kocky MonntaiiiN aloiij; llie foity-iiiiitli )iarallel of latitude io tlie iioitlu'iisftrn
most liraiieli of the ('(diniihia Kiver, and thence down the middle of that river t" tin'
si'a, jtivin;; ti) (Jreat liritain all the country north, and to the I'nited States all mmtli
of that line, except a detached territory oxtendinjj on the Tacitic and the Sti:iitsoi
sK((»Ni> AM» nr.i'iMTivi: si\ri;Mi;.\T or (iiM'.A'r iiimtain. 'JiM
fiica, I'nnii KnllliticirM Ifaiitoi' to llmiirH Canal. To wliirli il is |ir<)|itisiMl in ailililimi
M iiiakr tVi'i' til till- I'liiti'tl St a It's aii>' |it>i t \\ liirli tlii' I iiitiil Slati^i ) iovi'i iiiin'iit nii^ilil
loii'iM'itlu'i' (III III)' iii'.iii-laiiil or mi Naiirmivfi's l»laiiil noiiiIi nl' latiduli' I'.i .
Ily tiii'iiiii;; til til)- iiia|i lirrrln aiiiii'M'il, anil mi wliicli tlii' |iiii|iii»i'il limiiiilar,\ i»
::i;ii'ki'il in |iriH'il. it will lii> smi that it a.isi^iiH In tlirat Mritain aliiin.xt tlir rntiii'
ri'ciiHi on its nmtli >>iili< ilraiiii-il li\ tin- Culnniliia ikisri. ami l,\ in;; mi its nmtlii'in
'.ink, It is not iln'llll'll llrrrssaiV til statr at lai;;i' tlir riailns of lllr I'nitfll Mates III
liii trriitiU'V', anil I lit' ^rminils on wliii'li tln-y I'rst. in milri' to inaki- i^ooil llir asHi'iiimi
;liat It irsti'irts llic )iiiHsi's.sioiis of tlic riiili-il Stairs within nanowci' liminils than tlicv
iiirliiiil.v I'lititlt'd III. It will III' sntliiiint I'm tlii.s purpose to show that they are
Liiijy enlltleil to the entile l'e;;ion (ll'llilieil liV the l'i\el : ailil to the eHtalilishlllellt
iil'tilis |ioilit, the ril(lersi;r||eil |iropoNes a('i'iiri|iii:;ly to limit his remarks at |>l'esellt.
Tilt' piipci" piocetMUMl with arj;tnn«'iits, aiul cMuloil thus:
\| ' Siieli ant oiir elaiiiis to that |iiii'tion ol' thi^ ten itmy, ami the ;;ioiimls on
wlli«'ll they rest. The rmlersi^lieil helieves them to lie well I'mimletl. ami tlllsts
that the llritish rieiiipoleiitiaiy \>ill see in thelii siitlleieiit leasoiiN why he shmilil de-
lliH' liis proposal.
rill' l'mlersi;rneil I'leiiipoteiitiary aliHtiiiiiN, l'o> the present, t'rmii )ireseiitiii;; the
laiiiis which the Cnileil Stales may have to other |<.>riions of the territory.
Tlie I'mlerNi^^iieil, iVe.
Ill answer to this statoiiicnt, Mi'. I'akciihaiii ihlivcicil a pap<T(inaik(Ml
l),aii(l tlatt'd HcptiMiiluT IL') of whiih it is siini(;i»'iit foi" thi* piv.st'iit pur
[lose to state the coueliuliiiy passap'S :
111 line, the |in>sent state of the i|iiestioii helweeii the two (•oveniments appears
III lie this; (Sreat Itritaiii possesses ami exeii'ises, in eoinmoii with the I'liited ."slates,
,iri;;Iit, of Joint oeeiipaiiey in the Oregon Territory, of wiiii-h ri;;lil she can lie ilivesteil,
Hith respect to any part of that ttui'tory, only hy an ei|nitalile partilion of the whole
lirtweeii the two I'owers.
II is, for ohvioiis reasons, ilesiralile that such a partition slimihl take place its soon
IS poNsilile, ami the ilinicnlty appears to he in devising a line of deinarkation whieli
>!iall leave to each party that precise portion of the territory liest suited to its interest
mil (■(iiivciiiemie.
Tlieltritish Govertiineiit entertained the liop»( that liy the ]iroposal lately siihinitted
for the consideration of the. American (iovcrnnieiit, that oliject would have been accom-
|ilislii'd. According to the arran^emeiits therein conteinplated, the Northern Hmindary
III the I'liited States west of the Kocky Mountains would, for a considerahh' distaine,
III' carried aloiifr the same )iarallel of latitmle which forms their Northern boiindary
nil the eastern siiht of those iiioiintains, thus unit in;; the present Kastcrn Moiindary of
ilic ()riMi;oii Territory with the Western lioiiiidary of the I'liited States, from the forty-
iiiiitli |iarallel downwards. From tln« point where the -lit of latitmle intersects the
iiiii'tlieastern hrancli of the ('oliiiiil>ia iiiver, called in that part of Us conr.se .Mcliilli-
uay's Kiver, the proposed line of boundary would be alony^ the middle of that river
'ill it jiiiiis the Columbia, then alon;^ the middle of the Columbia to the ocean, the
ii;ivi;;utioii of the river remaining perpetually free to both parties.
III addition (Jreat Hritain olb-rs a .separate territory mi the I'acilic, possessing an
■ Xdlleiit harbor, with a further nnderstamlin;; that any port or jiorts, whet her mi Van-
iMiver's Islaiiii or on the Contiiieiit, south of the forly-uinth parallel, to which the
I'liiteil States ini;;lit tlesire to have access, shall be' made free ]iorts.
It is believed that by this arraii^^ement, ample justice would be dune to the elainis
III' the I'nited States, on whal;'ver ;;roiiml advanccil, with relatimi to the < >re;;mi Ter-
rildiy. As regards extent of territory, they wmild obtain, acre for acre, nearly half of
till' entire territory to be, divided. As relates to the navi;;ation of the |iiiiicipal river.
ilicy Would (Mijoy a jierfect eipiality of ri^lit w itii (iieat Mrilaiii ; and. with respect to
lull liiiis, it will be seen thattinrat Jbitain shows every disposition to iiinsiilt their
iiinveiiieiiee in that particular.
On the other hand, w'er<' (ireat llritain to .ibandmi the line of the Coluinbia, as a
Iriiiiticr, and to surrender her ri;;lit to the navigation of that river, the prejudice oc-
casiiiiicd to her bj' such an arrangement would. Iieyond all jiroportioii, exceed the ad-
viuitaj^e accruing to the iriiitud States from the jio.s.sessiou of a few more ,s<|uare miles
III' territory. It must be obvious to every impartial investigator of the subject that, in
iilliirin^ to tlio line of the Columbia, Great Itritain is not iiitliienced by motives of
aiiibitioii vith reference to extent of territory, buf by i-ousiderations of utility, not to
<ay necessity, which cannot be lost sight of, and for w lii<;h allowance oiiglit to be made
III an urrangeiueiit profesHiiiK to bu based on considerations of mutual cunvunicuce and
iwlvaiitage.
The Undersigned believes that be has now noticed all tlie arguments advanced by
Ibc American Plenipotentiary in order to show that the l.'nited States are fairly en-
I
IW
^mmnmmmm
•Itl
NOKTHWKST WA IKK HO! NUARV AKIUTKATK >N.
iitl4(l til »ln' I'litiit! I'-nior, (Iniiiicii Ity flu- rol'Miiliiii h'ivfr. Jli- MiiuMrcly i('j;i. i> -i,,,
(heir vi<'\VNoii tliis Hiilijri-l hlii>'il<l (lillVr in mi isiiiiiy tssnitial n-sjiicls.
It ifiniiiiix lor liiin til ii'i|Mi'.'.| tliat, as llii- AmniraM rifiii|iiilcitti:ii-.v tli-ilmi-i ih,
|ini|i(ital iilVi'i'iil nil till' ii.'U'l III' (iri-at ISiitaiii, lie will liavi' tin' •^nuilnrvN to >tatt
airaiijii'iiunl In- is mi t!ir jiiiit nl' llic I'liil'Ml Si;itcs |n-.|i!iri'il in jirniKwr Cni- an r
Mr ail jii>t nii'lil nt' thr i|iir'-l imi ; and nun i' r'-|M'ri:il|y, ) liat lie will lia\«^ tlw lciiii.'Ii
ili'liiir till- Mat Ml!' .Mill I'M I'll I lit' I III' ilaiiiiH w liicli tin* I iiili'il .<lali's may lia\i' ti
I"
il ii>ii> III' I 111' 111 lit" \\ . Ill V. iiirii allii->ii>ii IS niaili' in l lir inni
liiili
part of lii^ -.i/ii
iiii'iil . as il is iiliv Mills ) lial nil ai'ian^i'iiiriil ran lii' niailr with ii'spiTt In part nl' tii
I' |.'.
ntnrv III I
lispiili
.\\\\
V a riaiiii is !i'M'r\>'il tn aay pnitiim nl'tlM- ii'inaini
'I III' I niirlsi^nril. A I
jvij *Ml'. Ciilliouii iIh'ii |»rrs»'iit«'<l ;i |i;i))«'r. (dalrd Scptciiilicr I'O. n
wliicli ln' siiUl It*' liiMl r»'iiil witli attciitioii tlu. ciMiitcr stalciiicni
(»r till' llrilisli IMriiipoti'iiliaiv, liiit witlioiit wcakniiiin lijs «'oiilii|i-ii.i
ill tl
\v \'ili(lit\ oi III*' iiilo ol tii«> I nit<-<l >>t<tti's, aiiu, aiti-r arutiinrii
COIK'llHil'll 1 litis :
Till' I liil«'!si;iliril raniiul rniisfiit In llif riili(lii>iiiii 1 o \s liirli. mi :i I'l-virw ii|' tli.
wliiiii' i;rmiiiii. tlii' rmiiit<'r--'tati*iiii'nt aiiivi'--, llinl llii- picscni .stair ni iln« i|tirstiiiii |.
that (ileal lii'itain piisscsscs ami rsririsrs, in i miininn willi tlir I 'niti'il Stales. ;i li;;!,!
nl" jnint iirriipaiiiy ill till' ( )li'Knli 'I'l'irilnls . .>r wiiii It slii- ran III' iliM'sti'il iiiil,\ h> ai.
<'<|iiitaliii' jmrlitinii nC'lirwIinh- lift w riMi t In- t wii I 'nwris. I ii' i-laiiii-<. anil III' thin!,-
hi' lias liiiwii, a I'li-as' ! it Ir nil llii' ]iai t nl' t lir I 'nil ril Stairs tn I lii< w hull' ii'Ltimi ilr.iitii'ii
liy till- Cnliniiliia. with tli" ii>;lil nt' Ipi'inn ii-instalnl ami inii'^iilrii'il lln' parly in |m.,
si'Shinll wllilt' tl'iatiliLi nl' till' lilli'. III ullirll rllMlaili'l' III' lllll^l insist nil lliillliiii.
ill'll'll
III iiiiilni iii'ly with p'isii i\ I' I'll at \ siipiiialini
M.
ra" lint, t lli'li'liilr, cm
•.I'll
I lliat tliry 'liall tii' rryaiili'il, iliiiia^i i lii' iirj^ntiaf inn, iiiirrh ;is (icci; jijini.s in i mii
llimi witlltilrat lii itaill, mil lail lir, while llllls ie;>aiilill^ tluil' l i^^llts, pieselit a roiiu
Il ■• plujMisal liasi'il ell the silppiisil inn nl' a jniiit •ierll|iaiM'\ , llierelv nnlll the i|ili'>llMi
nl' title !n tiie lellit,irv is I'liJIv ilisillsseil
It
i>. Ill his npiimiii. mily alter
ail
IM'II'.S'.IIII
wliieh shall liillv' pli sent the titles nl'llie parties rivspeili\ ely In the lernlmy, lls.i'
tilt i) elaiiMs III il eaii lie I'airly ami satisrai't'iiilv ailjii.steil. 'I'he riiiteil Slates lirMi
only what tlie,\ may deem ihei; selves justly eiiliileii tn. ami are unwilling In lakeli's-
Willi llieif plesi'lit iipjninll nl' (heir litle, I lie Hliti-,h 1 'leliipnlellt iaiy must see that til.
plMpesal whii'll III made at theseenml ('nnl'erelM'e, and W ilieh he mure Clllly .sets |'iir!l>
ill his enillltir-stal I'liiellt, falls faishnll .d' what tliev helie\ e themselves just ly elilil!.
fn.
Ill reply In the rrqiM'.-t nf llle Hlilisll riell i pnti'iit iaiy IIkiI llle I 'lll|el'>iM;||ei' sl|iili;il
deli lie the mil llle a lid i'\ti'iil nf the elailiin V. hie' I the I nited stales ha\e tn the (iIIp;
pniiiniis nf till- ieiritnry, and taw huh alliisi.ai is made in the i iiiieliidinn ]iail 'i
Staleir,eiil A, he has tiie liniiiir tn inliinn him in ;;eiii'ial terms that lhe\ aiedi'iiM'>i
I'rniii Spain li,\ Ihe I'lni ida Tl ^at^ . and are fniimled nil I he diseuveiies and i'\p|nrali>'ii'<
nf lief AS i;ialniN, and w liicli they mil si icmui',} us ^i\ iii:^ I hem a riuht In the evteiil i"
wlllcll they eall lie estahlished, unless a helter ean lie nppnsed.
Ill varioii.s inrurinal cotivrrsiititms In'twcni Me. Pakcnliaiii ami Mi
« 'allKHiii, wIh'Ii Mr. ('alliomi iiisistt'il on Hk parallel of I'.t us Ihe \er\
liiwfst Iciiiis wlii.'h (Im' riiiful Slah's would aci'i'pt, Mr, I'aUfiiliaiii inM
liiin dial, if lu^ wislu'd Ilcr Majesty's (lovt'iniiU'iK cvni to siUe iiitonm
siticratioii a i roposal loiiiKlvd on that liasi.-^. it iiiiist 1m* acnuiipaiiit'l l-y
.siimi> Kidic.itiohs oC a di'sirc on tli«' put ot' tin* Initrd States (iomiii
luciit to niiUi' .soititi cori'cspi.iidinM; sacrilice to aet omiiiodate the isitercsl
iiiid eoiixciiienee of (ireat l»li; ; i: tii'U llei Majesty's < ioveilimeiil liail
ahviidy ;,;one \«'iy lar in the way in" roneession, w hile the I'liiied Slati>
♦ lovermneiit hatl as yet shown no disposition to ieee(h> iVoin their ori^i
iial proposal. 'I'o which Mr, C.dhoiin replied, on or, occision, thi! I"i
his part he should ha\e no oiijeetioii to n|\e up alisolulel\ th" lreeiiii\;
Ration of the roluiuliia, which had Iicloie lieeii ollered only cniKi:
tionally: on aiHilhcr occasion, he s.iid that il' <iicat llritain wouMhh
sent to the paral'el oi !!• on th^' ( 'out ineiil, perhaps the I iiitetl Sl.in
iiiimht lie williii;^^ to leave lo (ir<'iit liiitiiin the eiilire pos.session <»! Van
eou\t'i's Island, l'"iii'a*s Inlet, and tlie [»assaM;e noitli wards Iroiii it tn Mh
Pacitic remaining' an open .sea to both eoiinlries: liiit he never said tli^i'
he would lie ready to yield l»oth these points. In liiet, he said that li'
SKCOM) AM> l>KI IXnn i; STATKMKNT ok OKKAT MRITAIN. 22.'J
\\,i> iKtt aiit'ioii/cd to iiiiiki' any proposal of tlic kind, nor sliould lie
until in' had a-s. i'rtai»"' I tnat sin-li an arraniicnicnt would liml faxcu' with
:]){> Si-nati'.
isir».
Ill .'annarv, ls(r». in answer lo a projio^al. nia(h' In Mr. I'akcidiain,
ri;siit>niit the tpn'stion to ai'l>itiat ion, .Mr. Calhonn .s;iid iha', wliih' tin'
I'lt'sidcnt united with Iler Maje.sty's ( lovernnn'nt in tlie (h-siie to see
:lic i|\u'stiou .settled as early as niiiiht he luaelieahle, he could not a<*
cede to the ollei ; atldinj.; this:
VII- '\\'iii\ in;: ail ellii r iiMsiHis I'll!' ili'iliniiij; il, it is snllirii'Ml to ,«,talr. i hat Ih-ikii-
1 ill Ill's to I'liti'i'laiii llir liii|M' Ilia I (lie (|iii'sl khi may In- re tlt-il liy tin- iici;ni iatioii
,ii\Y jiriKliii;; lii'lwi'fii 'III' t wii I'liiiiitrifs : aiiiltlial In' is ot Dpiiiiiiii ii woiilil lir iiiiiid-
i«;ilili' l«i <>iilri'taiii a iini|msal li> ifsorl to any other iiiodr, .so Ion;; as tlicrf is liojir ot"
II lis in;; at a satislarloiv sctllfiiu'iii l>y iir^uliatioii : am! csiicciMllv to one w liicli mi^jlit
.itiii'i I'i'iai'd than r\|iiMliti' it> filial ailjii^iiiiiiil.
(Mithe .">il ot' .\])iil. Lord .Mieidceii addi'essed to .Mi'. I'akeiihain tho.
iiilluuiiiu' dispiiteli, I lie loiie and contents oj" which show the serious-
!icss (il the posilioii in wliich the colli loNcisy tliei. \as, and the dct<'r
•iiiiiatiou (d' Iler .Majes|_\*s < io\('nii)ieiit to maintain their claims:
Ai'iai :i. !'•...
.S|i; : Tin: iiiaiiL-iiial ^lu'i-ih ol' rir>iilriii I'olk has imprcssnl a very sciinii-, chaiat'tn
Il mil' art iial I'ljal i<>ii>, willi the I luliil .S|:i||.s: ami lln' mamn-i' iii wliicli lir has lo-
•■iifd to till' Oii'-^oii i|iii'Siioii, si> diiViiriil Irom tin- laii;:iia;4c o. hi> |irfdi'(i'>sor, h'.ivrs
;ilic ifasoii to lio|ic lor aii\ lavoiahlr ri'siill of tie- cNisliii;; iiri^ot iat ion.
I |i|i-siiiiii' that yoii w illhav t' actcii ii|hiii iii\ instniction of thi' ltd of .Maiih, and
i.ivf ii'|icati'd to tin- ih'W .Sfcirtary of .stjit<' tin- jn'oposal ot' :iii ai liitralion, which yoii
Aire diiiTtfd to iiiaUr to his lUt'diM't'ssor. IT this should hi- di-rlim-d hy Mr. i'olk's
''ovcnimciit in the sanir maniiri' ami tor ihi- saun- reason as assi;iiied hy Mr. 'I'ylei-,
.iiiiel\, the hope that the mailer iiii;;lil yet lie laxoraldv termin.iled hy iie;;;otialioii,
-Mill a mode of lel'ii-;!! Would al le.isl displav a iViemllv spirit, and would not elosi' the
iliiiir a;;aiiist all riiilher .'ittempi^ to ai'ri\ i al siii'h a enneiiision. tin ihi' ot her hand.
It the proposal should he siniph icjeeled. and the rejeiiion should iioi he .leeompaniod
liV ;iliy >peeilie p|■opo^it ion on I he purl of till' (oiNernnielll of the I'nited .Slale>., W'e
lillWI eollsider tie lie;,'ot iat ion as entirely at .lli I'lld. Indei-d, we emild seaietdx, under
Mich eiicnnistanees. take ;iny I'lirt liei step with a due iei;.ird to our honor and eoiisist-
'■lll-\,
III Mie event of arhilialioli heili;; le)e(teii. and the tailllle o|' cVeiy endeavor lo ei'-
ii'i't a |i,'ii til ion of the territory on a principle of mni iial eoncessioii, yon w ere directed.
III my ilispateh o|' the l-ih of Novemlier, to propose tin' I'lirther extension for a lixcd
:iiiii of '.ears of the exist in <r ( 'onsen lion. 'I'll is, il is IriU', would lia\ e heeii an iiiipei-
'>'i't, and niiKiitisfaeinry arranifenieiit : hut it mie;|it have I n tideiated in the hopi«
tlial the pre\aleme of friendly feeliii;.>s, and the admitted interest of hotli parlii's.
"'Mild in <liie time havi- led to ;i peiimiiieni settlem-ni of an ainieahle deseiiptioii.
riu' iTceiit dedal It ions of .Mr. I'olk forhid any micIi hope ; ami t here is too iiincli lea-
"Oll III helicve that the extension of llie ( 'on \ elil ion lor a fixed period would he ein-
iil'ivid III active )irepaiatioii lor fiiinie hostijitv.
\<>ii vtill, tliciefoie. coiiNidei tills poll ion ol' iii\ instructions, in which I have now
I't'llt'd, as cam ided.
■'iidv;intj Irom the lani;nane of Mr. I'cdk. I presume we must expect that the \meii
III (ni\crnnieiit >\ill reiioiiiiet' the 'I'lealv v, itlioni deh y. In tins case, unless tlni
iii'stioii he speedily set I led, il local collision will he liahle lo taki- place, which limy
'm\o|m ilie countries in serious dillicnlty, and not iinprohiilily had to w.'ir itself.
At 111! events, wliati'Ver may he tie e(nuse of the I'liitetl States loiveniineiit, the
time is ci»int> when we must lie prepared for every contiiiijeiicy. (»iir iiiiv al tone in
III) I'aciile is limply Hiiltieieiil lo inaiiilain our supremacy in thai sea: and .Sir I ieor^e
^'I'viiioiir iiiis heeii inslnicied to repair williont dejax to the coasts of the < >rej;roii
IVnitory.
V>ii w ill hold a tcmpei.'ilc, Init linn, lanmniof to the niemheis of the <io\eriiment
lid to , ill those w itil whom Villi lliav convelse, W'e are still ready to iidliel'e to the
iniiiiplc of all eipiil.ihle I onipromise : Inil we are perfectly delciniiiied lo concede
'ie!liiiiji to fone or iiieiiaec. and jife fully prepared to iiiaint liii our i lylits. 'i'his is i he
'I'liii ill whiiji jlrr .Majcstv'.'s il-iveinmcni li.ive declared t her, selves in riiilianieiit,
■tiiil III ihJH tlnv will adlicie.
2l»4
NOlMIIWKsr WATKW H()I.\I».M{V AK'MI llJATluN.
I tli(iii;;lit it -io iiii|i<>ii:nit lli;il oiir iiih'iit inns slnnilil lie rlcaily kiinwii ;iiii| iiiii|,.,
st I ill llic I'liiti'il Slitli's williiiiil ilfliiy. iIimI I <li't:iiliiMl tin' last Allii'lii'iin iii;iii. n,
ol'ij)'!' t liat a CMiicfl if|i(»il ol' tin- )i|-i>r('f(iin^,s in I'arlianiriit on liii' < ►ic;;ciii i|iir»ii,,,|
iiiitclil irai'li \Vasliiii;^liMi as early as possiltlr.
Nolliinn can lie more fncnnrayinj:- ami sitisCartniy tlian liif spirit wliirli jia^ li,.,.|,
I'sliiltiti'il (Ml lliiM Dcrasiiiii, holli in I'arliaiiK'iil anil in llii- ciinnlry <rfiirrally : ami n ..
I'vidcnt liiat Ilii Majesty's ( MtvrriiniiMit will In- warmly siipiMiiltd in w liatevcr iii,,i>.
HITS iiiav
iiiisidcii'il ri'allv iiist ami m'ccssarv.
1 am. A I'
Ai!i:i:i)i:i.N.
lviii| *llt'roi(' litis (lis|»;itrli iciiclMMl Mr. I*ak»'niiaii>, Mv. l'>\u-]\i\u.i\\
liiul Im'cii iippctiiilcil .Ml', ('iillioiiir.s .sticccs.sor in the olHcc (if .s,.|
ivtary of State. .Mr. I'aki'iiliaiii iiiloriiicd Mr. liiicliaiiaii <>!' the iii.strin
tioiis wliicli lie Iiad icccivod, a;:ai!i t(» picss on the ( lovciiiiiUMit ol' tin-
I 'iiitcd States Ilic expcdieiicy ul aihitraf ion. IJiit .Mr. llticliaiian saiil
on one occasion that hv did not despair of eilectin;; a setlleiiiciit li\
nejfotiation, l)y adopting' (to use his own woids) the principh' of ;iiviii:
and takin;.- ; and on anotlici- «>c(Msi()ii that setticMieid l»y aihitiatioii i|i<|
not MH'ct witli tlMM'oncnri'enci'ofthe I •resident and Ids ('abinet, that tlii\
all enfertaiiuMl ohjcctions to that coarse ol" proceedin;;', and that t!i(\
prelerred neo<»t iat ion, liopinj;', as they did hope, that l»y neootiaiiun a
satislactory residt woidd at last l»e attained.
On the Kith didy, Mr. Ilnchanaii deli\'ct'<'d to Mi°. Pakeidi.mi a p;i|M i
(marked •!, !>.) containin;; his propo.sal lor setttenitMit. It he^an tints:
'i'lif I 'mlt'i'siirhi'il, Ar., m>w iniicmls fo rrsnim- tin- iii-;j;i)tiati<)ii on the < >re^i>ii i|iii..
tiiin at llie piiint wliele it w;is left liy llis pr-deeessiir.
'l'lit< liiilisli I'leiiipnlentiaiy. in Ms mile to Mr. ('alliinin ni' the TJili .Septemliei la-i
n'i|iicstH " that as the Aimriean I'leiiipnteiitiary deelines the prupusal nlfeied on tli'
]iart <if (Ireat Itritain. lie will lia\'e the ;;n(idness tn slate what arrangement he is. m
the jiint iif the I'nileil States, prepared to priipiise tor ;in eipiit.'iMe adjiistineiit of till
i|iie.stioii, and more especially ihal he will have the emidne.ss to ileline the initiiri' ami
extent, of the elaiins which Ihel'niled .states ma v have to other portions of the tn
ntt'iv to wliK
hall
nsion IS ni.'iile in tiie eon<
liul
III;; part ot his slalemeiit. as it is .ili\ ii
thill mi at i'aii;;emenl ean he ina<le with lespi'it to a pait of the territory in ili>|ii
w hile a el a ill! Is lesei \ed to any portion of the remaindei "
'I'he .Secretary of Stall' will now inoceeii ( reveisini; Ih^' order i
li Ih
esc rci|ili«I-
h
leeli maile, 1 I
n the lirst place, to plescnl the title of llie riiiled States to the !•
I itory north of till \alli'\ of the Colnmhia ; and will then propose on the pail of ili<
I'lesldeiit the terms upon which, in his opinion, this lon;r-pcMdin;4 controversy iii:i\ U
.justly and ei|nitalil,\ terminated hetweeii the parties.
The paper (after a Ien).;thened aroiinieiit) ended thns:
Such liein;; the ojiinion of Ihi' I'lesiilcnt in ii';;;ir(l to the title of the I'liited Siati-
he would iiol h
oliscllteil to \iclil Mll\ portion (if the I trefoil 'rerritolA, had III'
found hiniM'lt' emliarrasscd. if iiol commiltcd, li> the ads nf his pri'ileiessoi's. |'li<
had nniformlv iiroceeded upon the principle of compriimise in all their neuotialim
indeed, the first i|neslion presented lo him, alier entering npoii the duties of his ntlii
as. whether he slionld ahniplly terminate the ni'|;o|ialion which had heeii iimii
meiieed and condniled lietweeii Mr. Calhoun and .Mr. rakeidiam on th
pniHipi'
avowed in the t.rst i'lotoeol, mit of eoiilemlin;; lor the whole tcrritoi'v in dispnti'. I'l
of Ilea tiny; of the icspect I v e claims of the i'artiis. '• with the v ievv to estahlish a |"
maneiil lionmiaiv
hen
the I
w o connl ries, west w aid of I he l>oel< v .Mountains.'
In view of these fads, the I'lesidciil has determined to piirsiie the |ii'csent iii'^ntn
I ion to its conclnsion, ii|ion the principle of ('oinpiomise in which it commenccil. aii<i
III make one mole ellort to ailjiist this loii;>-|M'iMiine controversy. In t his ddeiiniiM
lion he 1 1 lists tli.'il t he Itrili.'di (Government will iecii;;ni/e his sincere and anxious iW-
to ciilliv ,'ili' the most III'
dlv relations lidweeii the t wo countries, and to i,ianil'i'-i in
the world Ihal he is adn.ited liy a spirit of inoderalion. lie has, therefore, instriii'tui
the I'mii i'si;;iieil a;.;aiii to proiiose to the (iiivenimeiil of (ileal Ih'ilain Ihal the ilii'ii":
'reiiitory shall lie diviiied lidween the two eonntries liy the forly-iiinth iiarallrl "i
north hititnde from the Koeky .Mountains to tlio I'acilie ( Keaii ; nllerintXi :il t!ii>'^iiii'
time, to make tree <o(ireiit Kritain any port or ports on X'ancoiiver's Island, sninii ><i
this paiallel, vvliieh tht^ llritish (iovernment may desire, lie triists Ihal (ileal Kiilain
may re eive tliiH proposition in the iVieiidly spirit in which il was diclitteil, ami tlia!
it may prove the stahle foundation of lastin;; peace ami harmony helvveeii tlii' !«"
ri»»N.
SKCOM) AM) IH'.lIMTIVr STATKMI:NT of (iK'r.AT ItRllAIN. 'I'l^i
• kiHiwii and uihlri
AllH'l icilll lIKlll, 111
lie ( h cj;!)!! <|iiiNi:ii!;
liril w liic'li liMs lic'i'i,
;fi'!n r:illv : iinil n ■.
I ill \s lialfVcr nnu*-
AlJKFfDl.l.N.
>, ]Mr. Ilncliaiiaii
tiu' oiiicc (»r Sti
;ii 1)1' the iiistiiii
jvcniiiUMif <>t tin
1-. liiicliaiiiiii siiiil
a scttli'iiiciit li\
iiiciplt' of ^i'iviii:
\- a'i'hitralioti ili<l
aUiut't, tliat tlit\
ji', ami that (!u'\
Uy iU'};'()Uali(tu a
akcnh.iin a |):i|m [
It Itrfjaii tiiMs:
tin lilt' < Mf^i'ii i|iii ^
I'.'lll Si'llll'Tllllll lil-l
ii|Hisal iiDi'i'i'il III! Ill
rraiiy;t'iiii'nt In- is, m
ill' ailjustiiit'iil III til'
It'liiii- III'' iialiiri' ami
• |i(ii lions nl" llic III-
ih'mI. MS it is .ili\iiiii«
ti'rriliir.\ in ili-|ini'
iiicli llii'M' rii|iiiM-
I'tl Stalfs III liii' I'l
nil lilt' pari III' 111'
tiMilitivtTss iiia\ U
r lilt' I'liitfil Si.ii"
I ririli>i\ . liail 111' II"'
|iri'fli'i'i'ssiiis. ill! .
il llifir iit'milialiiiii-
(• ilulifs III' lii-' "111"
111! il liail lii-t'ii I""'
III nil till' |ililli 11'
iliii\ ill tli-<piilf. l'"'
w III c-lalilisli a |"i
Uy .\liiiiiitaiii>.
lilt' iirtsi'iit iH'^iilii
it (•iinimfiin'ii. aii'i
In litis ili'li'iiiiiiM
f anil aiixiiiiiN ilr-ii'
s, anil to r.iaiiir'^i '"
tliiTt'Cori', iiiHiri" i"
lain llial lln- Oir;;"
ily-ninfli iiaiiillil "i
ill'i'riiiji, at I'll' '••III''
it's Islaiiil, >"iiiii "'
Is llial (iii'ul llni'i''
^^, t\icl;ktfil,lllli!lll'''
nv lit'twi'i'ii III'' '""
idiuitrli's. 'I'lii' lint' proiinsiMl will rari\ mil lln- |iriiiri|ili' of ciinliiiiiity ciinally for
JKitli |iai'tii's. Ity cxti'iiilinu llii- liinils Imlli ol aiirifiil I.oniNiaiia ami Canaiia lo tin;
I'arilii'. a loll" till' s.'iiiif parallrl i.T latiliiilf ^^ liifli ili\ iili-s thi'in rast of lln- K'm'k Mniiiit-
aint. ami it will srcnii' to faili a -iiniridil iiiiiiiliir of iiininiiiili'iiis harliors mi tin-
iiiiitlivvi'st coast oT Anii'i'ica,
I'liL' I'niU'i'si^^neil, iVc.
TIuTciiix)!!, ^fr. Ptkciiliain pi'-scnti'd a ) niicr. dalctl I'lMli 'Inly, lu'.uin-
iiiiij; tliiis:
i\| " Not witlistainlinu, llii' prolix ili-i'ii>sioii wliiili llif >iil'iiTt lias aliraily iiinli'i'
^illlt', till' rilili-l'siy;lli'll, iV r.. Irt Is olili<;iil tii plarr oil riTOlll a I'fW olisi'l'N at jolis ill
ir|ily III till' statriiH'iit iiiai'ki'il J. II., wliirli lir liail tin' liniiiir In ri'i'tivr mi tlic liitli of
tiiKiiiniilli rrmii till' liamls III' ili" Scciftarx of Slatf of llif t'nitfil >»latfs, tfiniiiial in;;
villi a pro|ii»ii ion on ilir paif of llir I'liitftl Siati's I'm- flir ^rltli'inriii oj' tin- < (ifjron
illrstioll.
Mr. Pakenliam eiKled tliis papor as lollows:
Al'iii tliis fx posit 'on III' till' vit'ws t'litiTtaini'il 1>y i!ii' Iti it i>li i Iom rnniiMit, ii'spt'ctiii'^
-III' iilalivr Naliii-anil iin]iortaiii'i' of llic Itiiiisli ami Aini'iican tiainis. lln- Aiiii'iiraii
l'!iiii|Miti'iiliary w ill noi In' siirpiisiil to hrar that tin- l'ii(lfr'«i;;iiitl ilofs not li-il at
ilirily III ai'iTpt till' iniipiisal nlii ii il liy tin- Anni ii an I'lfiiipniinliaiy tor tin- M'ltli'-
iiiMit III' till' i|iit'>l ion.
This pi'oposal, in I'ail, ol)i'i'> ii'>s tliaii llial irinlfii'il liy tlir Anifiiran I'liMiipniiii-
•irics in till' Ni-;iol iai imi ol' I— .'(i, ami ili'ilinr'l li\ llir liiilisli ( io\ ri niinnt.
iiii that ori'.ision il was piiipnsiil thai I lir na\ ii;al imi ol' tlir (ohinilna slimiM lir
■iailr I'li'i' III lioili pailii's, (III this pninl iiolliin;; is said in tlif luiipo-al In wlii'li tlir
I iiili'isi>,;m'tl lias now tlif liomn to rfpl> : wliilr witli n^pi'il to tin' privpii>.i'il I'niilmii
1 llii' pill Is on \'anrmi\ ti's I>.laml, >milji of l.i'iliiil" I'J , t lii' larts w liidi liaxc liriii
i']irali'il to i>! t "is papiT, as yivin;; to (iifat liiilaiii I lif slron;;i"H| I'laiin lollic |io>>fs-
.'11 III till' wliolr i>lanil, wmiltl si'i'in to ilrpi Im' siiili |ii'iipiisal of any \aliii'.
Tilt' riitli'rsi;;ni'il Ilifi't'l'iHf trusts that tin- Anii'iicaii I'lfiiipoii'iiliary will In- )ii'.'-
:i;iii'il to iilii'r soiiii' i'mthi'i' proposal tor tic si'tth-iiii'nl of tht> OifM^on i|iii'slion nioii<
''ii>i»|riit w itii rainii'ss ami I'lnitv . anil with tlir ifa.'-mialili' cxpi'i'taliiiiis of tht' liiiii^h
i"iMTiiiii ■•••. as ila-llni'il in ihf srati'inml iiiaikt'il l». whii'li t In- I'mli-i si;iiifil liail thr
"iiiir I .i.' lit to till' Aini'iifan ririiipuli'iiliarv ;»! iln- i-aily pail ol llif pif-fiil
:i 'iriitial f'l,
I'lii' I iiili'l -i',;iiiii, A I'.
Ml. rakciiliaiii Iiad tliii.s ilrcliiicti to aci-fpt t lie piopos.il ol tlic ( 'iiitcil
Malts (iovci'iimciir. .Mr. Iliicltaiiaii tlii'H'iipoii ijclivci-cd aiiotlii'i- papcf,
■la I'll ."idtli Aiiuitst. ill w liicli. a It IT rmtlicf ai uiimciil.s, ht' u it IhIitw iliat
I'luiHisal. '1"Ih' coiicliKiiii;^ passages ul' tlii.s paprf wcrca.s I'ollovs:
rp"ii till' w I II ill, lion 1 till' iiio-l rail I'll! an * aiiiph' >'\ainiiial imi w liiili llii' I'mli rsi^iiird
.!> Ill I'll a I ill- to lit'stow upon till' '■iiliit'i't. Ill' is >al iotii'il I lial t In' Spanish -A iniiiian I il Ir
iii'w liiltl liy llif I'liilfil .S|ali'>, fmlii'ai'iii;j t'lf wliolf ifrrilory liflwffii lln- |iaialli'l-
"1 4'i .'iiiil .'it |i' . !■< llif lif't ill fxistfhi'f to this fiitirf rt'^:ii(n, ami thai lli<' ilaiiii ul'
''ii':il III it.'iin III aii,\ pmlimiol'it Ini" no snltlfifiit I'minilatimi.
Niil« itliNfaniliii;; thai ^iifli w a-, .iinl still i>, llif opinion of ihf I'lf^iilfiit. yi't, in tin-
"pint 111 riiinpi'oniiM' am! i niiri'ssion, ami in ihlf ifiiif to lln- ailimi of hi-. pifiififsMirs,
'ill- I iidrr>iniif'l, in iilii 'lifiii'f to liis in-.tiiii'iiiiiis. pio|iosfil to Ihf itiilish I'lf nlpoli'ii-
'..ii\ In Miilf t II iin\ f i'>y hy ili\ iiliii^ I lif It'll iliii y ill tlispiitf liy t hf lmt\-niiilli
:':iiall''l iif lalil nilf. olti'iin;;, at t In- s.inif t iiiif , to niakf fit'f to (iifat lii ilaiii an> poll
' |i"rl> "11 \'ani'oii\ f i'^ ■•.lainl. --milh of this lalitinli', wliiili tlif r>riti->li < io\ f t nint'iil
'l;IiI ili'>ii't'. Tlif Uiili-li I'll' nipiilf iiiiai> h.is loiifilly sn^^fsifd thai Ihf fiff na\i-
:iili<iii III tilt' ( 'ill II III Ilia I'lv IT was not I'lnliiaiiil in this propiiKal In (iifal I hi lain, liiit,
"II till' iitlifi' liami, llif ii->f of tiff pi 111 > nil ill'' stall litTii i'\i if mils nf iliis islam I hiul
111 lii-fti ini'Imli'tl ill Innnir otlfM.
'»iii'li a piiiptisiiinii as that wliifli has Im-i'ii iiialf, ni'ViT woiilil liavf liftii :iiitli'iri/i'il
I'V thf i'lt'Miih'iii, liail this lift'ii a iii'W i|iii'stjnn,
I ;i"ii Ills at'ffssinii to ollii't' hf fniiinl thf pit'^fiit nf(Xotiai inn pi'iiilin;;. It hail hft'ii
'i-iiliiti'il ill thf spiiit ami iipnii Ihf I'limipif nf fmiipi'miii»f. Ii.s nlijfi'l wa.-i, a.s
iviiwiil liy iIm' iif^iiiliati'is, not to ilfiii 'nl Ihf wholf tiTiilniy in tlispntf tor fithcr
"iiiilr\ ; hut, in lln- laii',iiiaiif of tlif liiif I'lotoc il. "to tifat of Ihf rt'spft-tivf cliiiins
'I llii' I wti t'onnirifs In thf Oif^i'iii Tfi'ilorv, vsitlia \ if w tn fsl.ihlish ii ptTiiiaiifiil
' iilaiv lifiwftii lln*in. wt'<.|\\artl nl tlif K'niky Mniiniaiii'i to the i'aiilif ntian."
riii'i'tl in this iiiK.iiHiii, tinil foiisitif rimr that I'lisKlf nls Mtiiiiof ami .\tlaiiis hail, on
' 'iiii'i' oi'iiiHitin- I llif I ft 1 t" '!i\ iilf t!:i' tfi i iloiy iii tlispntf liy f Miiiilin;; thf I'm ty -niiitii
■^w
22(;
NolMllWKM WAIKK lUHNhAKV AKIUIIJA lloN.
|iillilll)'l III' lalitllid' III till' I'mili) < )ri-:ili. lir fi'll il tii lir lii« lillty lii>l lllil'lljill.V III uil>".i
I III' lli'i^iit iat lull, lilit Ml till' tii\ii'lil lli> iiu II ii|iniliill if< iiliri' lliol)' III liiiiUc ;i >|i
lli.l!
illiT.
Nut iiiil> n'N|irr| liif I 111' ( iiiiilint lit' III". ]iii'i|iiis>iii ^, liiit a ^iiH III' jiihI ;iii\iiiii> ill-
In |il'<illii>|i' |M':iri' ami liiin:iiili\ lirlVM'i'li llir t Wii riilllil I Ii'm
iiilliii'iK'i'il iiiiii ti
III is I'll! I I'M', rill ( »n';;i.ii ijiioliiiii |ii('M'iii> till' •III! V ri mil \N liii'li iiili'ii'i-plf I In' jiiuvim, t
III a liiii^ riii'i'i'i' III' iiiiit iial Irii'iiiNliIji ami lii'iHliriai ruiiniti-iri' ImI \\ itii I Ih' I wn iiatiun.
anil tills rlmiil lir ilr>iri'<l In IrliloM
■'riii'Hc an- till' n-asoiis w liii'li iK'tiiiitiil tin- I'li'-iilriil In ult'i-i a |iii>]iiivii
lilii'ial III tiicat rii'itaiii.
lull
Anil liiiNV lia.Nllir |ii'ii|iii>ii imi hi'i'ii ii'ii'iv i-il lis IIh- l>riti->li l'lciii|Miti'iil iar\ .' Ii .,
lii'ill ri'Ji'ili'il \\ i I III lilt I' \ I'll a irlilrlict' til lli-. ii\N II I iiiM'l lillli'llt. .\a> . Iliiilc, t lir lililiv
I'li'iiijiiiii'iitiai \ . Ill iisr |ii> own |aii;;iia;;i', " In I sis tliat tlir Aiiiri iraii l'li'iii)ii:ti'ijii,ii
will III' |irr|iairil III iilli'l Milili' I'lll'llirr IHiiliiisal tm llli' Ni'ttliiiiiii* nf IIh' nrr^nll <jI|i.
linn iiiiili' rniisisti'iit Willi laillir^' aiiil •'•|'.lll.V, ami willi llir li-asiilialilr i'\|ii'i'taliiii,-. .
till' r.
>li (
ii\ I'l'iiiiii'iil.
I lull' r ■• lie 1 1 riiriiiiistaiui's till' I 'nili'r>i;;iiril is iii>lriirli il li\ till' l'ri'>iiliiil In saytli.i
lie iiwi's it III Ills iiw n tiiiiiiii \ . anil a jiixl a|i|iii rial inn nl' liri t il li' In I lir i Mi'^mi Tmi
tiii's. It) wit liiliaw tills |iiii|iii>it inn In tin' ltiili-<li (ins iriiinriit wliitli liail lirni ni.iii
iiiiili'i' liis iliirctiiiii, ami il in lirrrliy ai riiriliiiiil.v u itliihawn.
Ill laliiii;.: this iii'ri's.saiv sti'|i, llir I'lrsiiliiit >lill clirrislii's till- liii|ii' tlial this Im,.
Iii'iiilin;; <-iiiiti'ii\ I'isv niiiv vcl lir tiiiall\ ailjiislnl in sinli a nianiirr a- imi toilistiiiliil,
jii'arr i>\- iiili'ri'li|it till' liatniiUiV Imw mi lia|i|iil\' -.lllisisl inu In Iwrrll till' lu.i cnillitl'i-
rih' I'nili
il. iV<
isn;.
On '.Mil l''clirii;ir\ . I.s|(i, ihc Mouse nl i;v|iifsciil;iti\('.s, iiiid oil IT;.
A|)iil tlu' Sniiilf. ol the Ijiilrtl Stiitt's passt-tl a Joint icsohitioii iiiitiini
i/.iii;^ tlif I'lcsitlt'iM to niv«' the U't|uiNiti' Ncai's iiotict- to iMit tin cihI '<
Ilir ("oiiM'iitioii ol l.si'T. Tlic Holler was datt'tl tlic L'Slli of Apiil: '
rcaclicd tlu' riiilcd Statt's .Minislcr at liOiidon on tin* I'Mliof Mav, aiiii
was Ity liiiii snit to Lord Altcrdi'di on llic LMMli.
.Mcaiitiiiii'. on tin- jsjli of May. l-oid Alicidccii addicsscd the I'lillnM
inu' iiisii iii'tioii.s to .Mr. I'akeiiliaiii :
I-' I
,M^^ I-. 1-
III I 111' 11 1
lit al ^l.ili' III II
II' iii'l;>iI i.il inn tm I !ir >ri I liiiiiiil nt I In- ( tii'^i
Ml it<
iiilii,.
alN.il has lii'i'iiliii' tu\ illll;, r.llrlllllv In li'Vii'W Ihi'Wilnli' I'lililM' III' iilll' |i|'ili'i'i'il,l.,
anil In roiisii.'ri' w liat Ciiilhi'i sii'|is in llir |iii'si'hl jiini-liiir li nia\ ln' |iii»|irr in i,.
\\ illi I III' \ icw 111 iiiiiiivii
aniiralih' li'iiniiial
\<i lAlslili;; ihUlillll ll■^, ami nl |il nmnl in;.;, ll |ii
..lllll
I
Illll nl I hr i|llrsl Inn.
lilitiulv atisiain I'lnin 1 1 iii"a iii;; a i
li^i il>>lnii. I III mat I
la II « I I'll, anW liniii ii'iiiat iii<r a>;^iinii'nls u ii li w liii li s nii hi w Inn*.; lii'iii la nil liar
11 I'm u hiih is aliraili ' v
111.'
I tlllllK it ivllnt tun milrh In a<si'it that. In illlV nli^i'l A I'l' Innkinu ini|ia t I iall.\ .Il
tlitVi'ii'liI s!.'i>.;i's III' ihl.. nt';;iiliatinn. il w ill a|i)ii'ai that I lir I'limliirl nl' I ii .at llnlaiii
I iiinii^limit Im'i-ii innili'iat)', cnii iliatni'V . ami JM^i . ('.iii ii iiiil.v lir >aiil t hat llii'i>
rrnnn III nl' llir liiili'il .^lalis have aihaiuril in nnrl lis in tin' |ialh nf niiitii;i! i
i»f
Till' III Ills III' till' -,it I Irllli III I III i| HIM ll li\ till' Ml lli>ll I'll nijMili'litial irs In .Ml . Ii.iii.ll
in till' > lar l—Jli, wMr iniirli imin .'iilMiiiliiKiiins to llii' I niii'il ."iiali - than llinsf win
hail liirii iilhri'd In Mi. ItiiNli in llir |ii'i'\ inns iii';<<itiatimMir l-'.'|. aiul on >niii nv
<li'|ial I nil' limn lhi~. rniiiitry vmi wrir ailllim i/<'i| '^lill riilllul In ail^liii'lil llii">i' :i'.
\ ailla'.;i'iil|s inliililiniiN. Till' rnili'il .^lali'S. nil (111- ntlli'l ll Illll, lia VI' Illll nllK '.ri'llti'
iiiaili'. ilii'iiii;.:li Ml. Iliir!ia;iun. a in'iijin'.al !• s-. i.tMiralili- in tiii-jil Utitaiii than il
rmnirilv iillriiil li\ .Ml. liall.ilin, Imi. \x Inii this i
il ailniji'i lii'i .
I'l'ji clcii li\ yiin. tli« > « 111
In linlli. till' iiiiliii'-imis III tin' I'niiiil >tal«"« liavi "lailii.'ilK i'lin'iis.ij ili
|iiii:^ii"-s I
>l Ih
I'M' iii';'iil lal inns
.\i t ill;: 111 liiaiiil<o| V iiilati
nil III I III' '>i<irit
Miiliniisnl' l-l'- ami j-'JT. il i-. imw Inriiiallx ai~l oOiri.illv asHi'ii«il tlnit 1 1»<
the rnili'd .'^tali's in llir wlinlr ll'llllnl'\ lli 'h-HXlti' i
' rli'jir ikl.tl lllli|M<'^j"
rill' iii'iiii'iiih', Imw i'\ IT. Ill' tlii'M' ( 'miM'iitioi s pvuinly iiTii;j;iii/<'<l tlir < iait
III Ihi,
|i«ilii's. as inili'cil was (iilly ailniitti'il l>,\ tl»«- .\ii»-nc)in l'lfiii|i..»iniim > UtM."^'!!: .jii'I
was only mi lailnti- nrtlic atlriii)il to i-tiii-t :iti i'«|iutal)li' |iiti-t:t imi <>1 Mh' n-i> >ma !Im
llir jmnt ii('i'ii|iaii('> w.'i> istalilishi'il,
Smli liti'trlisinns, W liilti'M'l lllli> lia\i' Im-i ii llii'ii I'llcrl n iln- ! '-.itnl Ntatvs. ■ HI '
in aiiv iiiannt't' in\ aliil.'ili' nr iliiiiiiiisli iiiir nu 11 jii-.; rlaiiii». ^^ ttt ii>i«(««-<'t to 'lit"~ '<
liuM' iH'MT xaiicil. W 1- lia\»' alwav ■• iuaiiit.4iii<'il I'lal we iiiis>«a ^ tiif iijijlit tnfl.'''' '
>i:( nMi AM» i»i;i iM ri\ i: -^i a i i;.\ii;.\ i ni- <.i.".ai r.i.M i ain. l'::!
ilti-i ,•) |irii|iii«iiiiii, ..
'CSSCll tln' lullnn
.m|v1\>--> ill illl.\ imit III' till' riililillN IKil l(lc\ i<iii>l\ iMilljili'il : Iml Wf li.-nr lllllv ;ic-
kliiiW li'il;;('il ill (llr I hi I I'll Milti'> I lit l'\i^ll■ll^)• iil' I In' .s:iliir I i;:lll : Illlil \v r lia\ r ;lNi> at
,ill tiliK'K lii'cll rr:iil,\, liy :ni ri|llllil1ili' riiill|iriillii.M' ;iliil |i:u t It lull, til put Mil rliil li>:i
.|ifcii'> ol' o •<'n)iiit lull wliii-li is lint iimi likrl\ in liiiij tu ili^iiiitc-. iiiiil ri>lli'<iiiii.
I ><-M|i:iirin;; ol' aniviii^ :it aiiv :i;;i'<-i'iiii'iil li\ iih'mii'^ nl' iliiiti iii';;iit iat inii, wi-
ii I lia\t' liffii uf;;fiil in ' |ll^^^ill^: tlii' icrrii'iicf iiCtlu' w liolf Mialti'i' to an ailiiliatiim.
W'f have liccn w ill in;; In >n limit , rit lirf tiic ali>tiact I it Ic nl' t lir two |iai'lir>, m
liii- • •|iiitalil(' tliv i^inn ut tile tri'iitiii,\. Ill till- .jii<l;:nirnt ot' any 'I'riliiinal wliirli rtmlil
ii»tl_v in-jiiic ciintiiliiiic. and w liiili iiii;;lit jiiiiM' ay;r«calilr in llic I'nitnl Stairs. All
111*. Iici\vi'\ rf, iia> Imcii iirliiii|il(ilil> ifl'iisi'il ; till' |iriiy;li'SH (if llif ni';;iiliiil inn lias liriii
riitii'i'l.s aiii'>li'il, .'iiii', in lact. it nnw iTfiiaiiiH witimut aay ailniittcil nr iiiti'l|i;;ili|i
.,i*i» \\ iiatrv ff.
Till- I'liilril ."stairs liavi' ri'rriii|\ cNincssril tliiii (Icicnniii.i I inn In |iii| an mil In tin-
I c>li\ t'litinli w liicli, Ini llir l.'isl llinty .\ral>, lias li';:nlali'il llir iiinili- nl' n< riipal inn
,|(l|rU'>'l liy ll"' Mlliji'ils nl lintli inlllll I'il's ; lull as this |in\vr|- was lis.TVi'il Inracli
,.;irt\ liy tllr tflins III' I III' ( 'nn\ ('Ml inn, till' ili'c-isiiin raniint rrasnlialils III* i|l|i'slinni'il.
Niiiliir is ilicir anvliiin;: iirri>saril.\ niil'i icnilly in tin- ad ilsrll'; Iml, as Imtli pat -
iirs wniilil tliiis he I'i'pl.'ici'il ill tliiii' Ini'iiiri' pnsitinn, cui'li irlaiiiiii;; all its claiiiis ami
i^vri'lin;; all its lij^lits, wliiih raili wmilil |'rrrl\ i'\cirisi<, ii is oli\ inns that, in pmpni
;,iiii as the cniinliy liiTann- scttlcil, hiral ilil)i-i<'ni rs wmilil arisr wliii-ji imist spi'fili!\
.rail In ihr llinsl scrinlls cnlisccillcm rs.
ill this stall' nf atlaiis it is matti-r nl' snnir an\iit \ ami ilmilil what step, wit li ,i \ jiw
;,iaii amic.ilih' sciilrmiiit nl' tin' i|iii'siinn, may In' mnst rniisisti'iil wiili tin' ili;;nit\
.mil till' iiilri't'sis nl'lMi-al Iti'itain. .M'ti'i' all IIh' illnMs wi- lia.r iiiailr, ami tin' I'niiisi'
HI' lia\i' |iiirsMr<l. wr nii^iht )ii'rhaps ninsi naliiiall paiisr, 'iml h-avi" In ihr Inili'il
»liiti's till- lit tin' nl' ii'iii'vx iiil; a ni'unl iai inn w huh hail I in ii ii:ti'i'i'npli'<l in.ilri sinli lir-
■ iiiiistanci'H, lint llii Majisi \ 's ( ins n nini'iil w mijil Ifi'l t li<'ii,sil\ rs In In' ciiminal i i'
;!irV prl'lllltlril riill^lil< rat i nils nl' i|i pinniai ll' plllirtilin nl t'l ii| lli'l I r In pi i'\ I'lii t hi 11 1 I mm
;:i,ikili'.^ rv I'I'V pinpi'l t'Si't't inn In a\ I'll t hi- ilan;i|'l' nl' ralailllt li's w liiih t hi'V ail' nil w ill
;,;; 111 rnnlrmpiati', Itiil till' niay;nit iiili- nl' w hirli sraii rl\ ailinits nl' i'\an;:i'ialitin.
i tliink that an nppi rl unit \ has nnw aiisi-n when w r may i'i'asiinalil\ lay asiilr ilins>'
: 'iiiial rniisiiliTatlniis liy w hich, iimli'i' niilinary t'iiiiinistani'rs, we mijjlii lia\i' Im'i'h
;iii'liiil<'i| I'rnni inakin;: an.v li'i-sli nvcitiiti' ni' ili'mniisirat inn nn this siilijrrt.
Ill rnniplyiii'; with Ihr ii'inniini'mlalinii nl' tlir i'lisjilmt In li'iniinali' tin' < 'nn\ rn-
■ 111 llllili'l- w hii h till' I »lt';;nn 'I'rri ilmy is at plrsrlil nrmpit'cl, I ilr {.r^iislat lllr 111' 111.'
I '1 1 1 I'll Stairs ha\ I' art'ninpanii'ii thrii' ilrcisinn \>\ irsnlni inns III' ,'i jiai'ilii' ami rnmilia
i!\ iliaiartiT; ami IniNc i|i'ail\ siy;iiilii'il in tin' IIm-iiHiv r ( invi'i nnii'iit thrir ihsiii-
li.ii this step .si inn III nut Ii'ail In I III' I lip: llir 111' a III iia I ill' m';;iil iai inns I'nr till' si'i t li'ini'iil
I lilt i|m's|in||. 1 ran sranrly ilmili; that tlir (hiM'I llim'lll nl' tllr I'lillril .'■^tail's will
^Miliiiv iiilliii'mi'il lt\ t In- ili'siir thus niiii|iii\ nrally I'Nprt'ssi'il liy ( 'nnj,;ri'ss ; anil it is
.11 tliis hnjii' ami lii'lii'l' I hat I nnw prniiiit in instrmt \nii in niaUi' aiiniliii'. ami, I
;ill»l, lilial prnpnslllnli In I ill' .\llli'riiail Si'intary nl' .'sl^ilr Inr Ihr snlntinn "l tin'si'
I'llH-rvistiny; ilillirllll it's.
I :i\ ail niysi'ltnl' I his oppniliinity tin' innrr rrailily, lifraiisi'. all linn i;li llir Maji's|\ "s
'"iM'iniiii'iit lia\r stinn;;ly pns.m'il a ii'l'i'ii-mi' nl' tin- wlmli' siiliji'i't In ai'iiitial inn.
liry ail' l»y nn nii'an.'* iiisi'iisihli- in tlir im'nnvcnii'iK'r attrmlinir smli a iiinih' nl jirn-
riliiii;, ami wniilil williniilv a\oiil it if piissihlr, NnlhiiiLC. imiri'il. hut thr approhi'ii
-I'lii llial an amiralili' sit lliiiii'iil liv im-.-ins nt'iliiri't iii';;ntiatinn was rnliiily hnpi li'^s,
'iiiiiit havr Iril thi'iii sn ih'i'iili'illy In ailnpt t his I'lmi'si' : ami thry an- si ill nl' npinmn
that, with sm ll a pinspi'it nl' railiiir hi'lnri' lln'in, it wmilil In- thrir iliily In aillii'r<' as
'inii'-ily Ms fvt'r in this I'i'riininii'niiatinii. Nnr i an I In'y hi'lirv r t hat any ( 'hrist i.-m
<>'iM'nilili'nt rnlllil lliliinatrlv pi'lsi-M'rr in Irji'rtinu'a pinpns;il III' this mitlll'i', what
>i'i iiii;;lii 111' llii'ir iiliii'iliniis In its .'iilnplinn, ami in till' tail' 111' t III' I i V ili/i'il w III 111
i!i'lilirialrl\ ri'i'iii' In till' ilirailliil alli'inati\i nl' war.
Till' linnmlai'V ha\ill;i Imtii lixnl liy thr ( 'nh\ I'llI i.m nl' ■•I'", tiilwi't'll thr pnssi'ssinns
'I liii-at nrilaiii ami tin' I nllril Stall's, ami itir linr nl' ilr mark a linn liavin;; I n rail iiil
iiliiii;; till' I'm IN '11 in til |iaralli'l nl' latilmli' I'm a ilistaini' nl'i'ii^ht hnmlii'il nr nnr ihniisanil
mill's iliriMi;;h an iinlrt'i|iii'nlril ami iinkmiwii iniinti\, I'rniii thr l.akr nl' tlic Wnmls in
''ll' K'lH ky .Mniintains. it appcainl In tin' lni\ I'lnnii'iit nl' thr iJnili'il Stales llial it was
< iiiiiiiial ami rrasniianji' sii',;i;i'st mn that this lin<' •.Imiilil lu' cniiliiinril alniii; llii' saini-
|>:iliillr|, till' ahniit halt' tiial ilisiami-, ami I hrnii ..ii a cniinlry as liltli' kiinwnnrrri'
'llrnlril, rinlll till' li'nrkv .Mnillil. litis In tin' sr.i. Ami, illili'iil, with li'li'lrllii' In sllih .1
1 limit r,' . till' r\li iisinii III' .in\ linr ut hmimiary .-ilit'itilv livrd nii^lil I'lpi.tlly liavi' Ih'I'Ii
>ii(rjr,.«i,.,|_ wlii'llirr it hail lii'iii caniril almi;; thr t'nrl.\ ninth m any niliiT paraiiil nt
hilitinli'.
' '11 till- iiihi'i ha ml. liiiwi'X rr, it nia\ Justly lir nlisn \ nl ih.it an\ ilivisimi nl iii i iim \
.vvliirll hnlh pallii's pnssiss i'i|iial I iu;lits iill^ht In plnr Inn :i |)1 itli'ipli nt niillllitl
<'ihvi'aii'ii('i>. rathi'i than mi iIh- ailln'ti'iiri' In an ima^iiiaiy ;;i'n;,'iaplii('al Iim : ami in
lilts I'l'HlM-i'l it must III- rnliri'SNi'il thai lll>' liniltlllliry llltls pi'dpOMi'il wnltlil hi' mallil'i'stl\
^t-^'ftivi-. It wiiiilil I'M-itiilf Us i'mmii cxfi'V I'lMiiiiKNiitiiis and ii('ri-M.Hildr iiarlmi mi tlm
•T.,H'f
228
NOUTFIWKST WATKK r.OINl>AHV AHIUTHATIOX.
roast : it would (It'inivc ns of our loiijj-i'Htiildislicil iiiriiiis of Wiitt'i'-coiiiiiiiiiiicatidii witi,
iIk' iiilrrioi' for tih' |irosi'i'iilioii ot' oiii' friulc; anil it woiiiil iiiti'il'i-ii- witli tlir]iiisM..
sioiis of Jtiitisli roloiiists n'.sidciit in ii ilistriit in wliidi it is Ixlicvnl that scarcely ;iii
American lilizcn, as a sctticf, lias cvci- set Iiis foot.
[\iij ■ If, tlicrcforc. ilic loi'l\-nintli parallel of latitude l>e ailojiled as tlie linsi, i,|
an a;;i'eenienl. it will lie incllinlielit lljioli lis to oliviate these idijecl ions, wlihli,
I trust in <;ieal iiicasiire, may he siiieesst'nll>' accom|dislied.
II
irdin-ily |)ru|iiise to the American Secietaiy of State that the
deiiiai'katioii should ho cont imicd alon;r i|ir foi'ty-ninth |iarallel iVom the iiocky Mi
aiiis to the sea-coast
finiii thence ill a solltllerlv direction thl'oimh til
lllll' 1. 1
I' I'ciitcr,,!
Kiii^i <ieor;ie's Sound and the Stiaits of .liiaii di' I'lica. to tin- I'acilic (tci-an, UmvIii^
the whe\ of \'aiicoii\ el's Island, with its ports and harliors. in the |iossessioii ol'dh.ir
Itiitaiii.
^'oii will also stipulate that from the point at which the forty-idnth parallel iil'lm.
itude shall intersect the jnincipal nortln-rii hranch ot' the Coliim' la lti\er, called Ma,-
;;illiviay's U'ivcr in the maps, the nasiuation shall he free aim open to the IIucImh,',
May Company, aiid to the snhjeeis of (ireat Mritaiii trading with the said ('oiii|iaii\.
until its jiinction with the ('olmiihia, and IVom thence to i|-.e MMJittS'. ;.'f
.•IV river, with
flee iiccess into and through the same; Ihit i»h siilijecls. wit h their i^oods, niercliaiiili
anil prod nee, to he dealt with as cii i/eiis of t he I nited .Slates ; it hciiii; alw iiys iimli r-
stood. Ill I We \ el, that not hill;;' shall interleic to pre \ cut t he .\mcric:iii < oiveinmciii linin
malvin;;' any ie;;iilat ions icspceiiiii; the iiav i;;al ion ol' the river, not incoii-.i>ieiii \\;i;i
the tcriiiN of the proposed Com I'll t ion.
In the fiitiiie appropriat ion of land, t he possessory ri'.;hts of all Ihil i-li settler* " i
of course he respected, 'i'lie lliidson's ]',^\\ Coinp.iny should he conliriiled ill tlleincii-
palionof I'urt \'anconvcr, and the ailj:icciit lands id' whii h the Company havelnii!
in piisscssion for many years. 'I'lics would also retain such other stations as \vi;r
iiec'.'ssary for the eon xeii lent transit of their coinmerce a Ion;; the line of the Coliiiiilii;i:
hilt .ill other stations, or frailin;;-iiosts, connected with their present exclusive iiylit«
ot' Imntini;' and ,of tiiillic with the n.'itivcs, within the territory smith ol'thc I'mm
iiinlh decree of latitude, would in .ill prohahility forthwith he ahandoncd.
'I'lie l'n;;el S<iiiiid Am'ie'ill iiral Company liasf expended coiisideiahle >iiiii^ .i
money in the ciiliixat'on and improvement ot' l.iml on the north <d' the Coliinil'i i
;i\er.
'I'liev occiip\ t wo extensive farm
s, on which they jio'scss laij;e stocks id' cult
Clljd}-
and slie-'p. 'I'liese parties w onlit al.Mi he entitled to he conlirnied in the ipiict
lllelit ol' their l:ilid : hilt if the siinatioll of the farms should he o| pllhlie and |ii)llli
ini'ioitaiice, and it siiould he doiied hy the < Hivcrniiient ol'thc I nited ."^latc-. il,
whole |iroperly ini'^ht he i iaii><fei red lotlicmat a fair valuation.
1 llii'iU tli.it these jiroposals for an •nljiislnient ol the whole <|nestion at issue \\i.ii:i
he h'Mioiahle and ail\'aiita;;eoiiH to hotli parlies, it can scarcely he expccteil lli:it
eitlieroi' them should now aci|niesce in conditions less favorahle tli:in had heeii pii -
\ ioiisly (dVercd : and it may icasoiiahiy he prcsiiined that each will at the piocni
moment he prepared to make lar;;er concessions than heretofore for the sake ot' |m';iii.
I'lV this settlement, in addition to the terms proposed to ns hy Mr. (i.-ilkitin in l-.'''p. »■
should ohtain the harhois necessarv for our coiniiierce, as well as an increased scrinii.
for onr
s|
•tiler
s and their pos.-essioiis ; and in lien i
of the detached district, w itii ii-
n;;lc hai hor, olh iid h\ the Miitish rieiii|ioteiit iaries on that occisioii, the I'liitnl
Stales Would acipiiie the w hole co;ist with its various harhois, and all the teiiilni)
north of the Colitinhia. as I'.ii as the loiiv -ninth dceric of hit itmle.
e amount of coiiiiieiisatiDii m
nmi.
I am not disposed to wei;;h very minutely the pic
eipiivaleiit which may he received i>y either jiaitv in the cimrse id' llo . "eiioti;i
hilt am content to leave ••m^h estimate to he made hy a lelereiice to hi;;her coiiMii<
tioiis Ihiiii the mere halanee of leriitoriai I 'ss ur itain. U'e have Hoiiy;hl jieaec m il^
spirit of pe.-icc, :inil we have acted in tin- |>i i iiasion that it would he clieapl.v I'lii
chased hy hoih connti ics at the expense of any saciilice which should not tariii^li 'I ■
honor or allecl the essential interests of ciilnr.
I have now. therefore, only to inslriicl von to infonu the Anicriiaii .Secictiirv "i
.'''late I hat v on hav e I teen ,'int lion/cd and .'in- pre parol lo conclude :\ ( on vent ion, vvill
out dchi.v , loiinded on the condit ions set foiih in tins dis|iatch.
I am. tV c
AIlKKId i;v
Oil tlif siiitic liiv tlu' tollowiii.: dispiilrli was also ndtlnsscd In M
I'akmliam In I.nid Al)t'i»l»'«'ii, iiH'losiiij; tlif draught ui prdjcct ol tl
Tivaty :
i;».
,Sii; : With lefi nn
Ma\ I -I'll'.
inv di-'rii' li No. I- of thi- dale, J iiansmii to sou hcirwiiii
ihedinn;lii or project of a 'I'rrut •• . »m h, at lea-t in its essential parts. a>- ili-r M;i,i''>i}
rioN.
SK( OM) AND DKIIMIIVK STATKMKNT nT (IK'KA'I' HIMTAIN. I'l'lj
iiiiiiniinicatiiiii witi,
•re Willi tlif iii)vs( s.
t'<l tllilt >Ciir(lly ;i!|
pit'tl iis llif liiisi. 1,1
iilijt'ct lulls, wlihh,
lltl' tllilt til)- line 1. 1
II tllr IJiicky MiMiiJ.
roiiMli ilic ccMtcr III
Cilic ( tl't'iUI. IfllVill;;
(iiisHf.ssiiin iit'tiicat
lintli |itii';illt') iifl.'it-
I h'iv.T. call.-.l Mir-
It'll til till' I hliUnii'.
I till' saiil ('iiiii|i;i!i\.
!>■.■ i;!' ! /!.'.! lisi'i. Willi
liiioils, ini'iiliaiiili'. .
iriii^ alw avs iiinli i-
II < iiiVrl'llllli'Ml iViilii
it illl'l>ll>i>|l'llt Willi
Miili-li s^•ttl^■|•^ w:\
ilii iiii'il in til I'll-
'iiiii|iaiiy lia\i' luiii
i-r staliuiis as wiii-
lit' of till' ('i)liiiiilii:i;
•:it I'Xi'iiislvf ri^lit«
Slllltil III' t 111' loll
llllllllU'll.
iisiilrraldi' siini^ "i
til of till' ( 'lllllllllil I
irj;i' stiM'Ks III' riiltii-
ill till' iplirt rlljii)
|)iililir ami |iiilitiril
' I llill'il Slatr>. tl'
si inn at issiii' wiiiiM
ly III- t'Xlirrti'il tli;it
ilian liail liri'ii pi"
w ill at till' iMi'Miii
till' saUi' III' prill I.
Jallatin in l-".'ii. »■
II inrri'llsi'il M'rllllt\
111 ilistrii't, \\ iili it-
ni-.isiiiii, till' I'liili'i
ml all till- triiili'i}
of I'liiiiipriisatiiiii "I
111' till . "I'ljiitiiiiii'ii.
III liijiliir coii.Mii. .
siill;;lit prarr ill tli'
illil 111' rlii'ilply piM
luilil nut taiiii^li ii '
'ill an Si'i'ii'liiiy "I
a (,'iiii\ I'lit iiiii. «ii'
AT. Kin 1 1. 1 A
(Idii-snl to M^
n |iro|('ct of till
Ma\ 1-. I'll',
ml I.I \(iu lirli'Milii
Is. u.'lli'lMii.j'-i.^-
lMiM'inlllrllt art' |iri'pari'<l to ruiirliiilr with tlir I'liiti'il Stall's I'm' tlir linal siltliiii'iit
.,l till' Ori';;i>Il i|tlrslliin.
Tlial |ii'iiji't'l may lu' iiii<h-rMtoiMl tocmiMiily all tlif romlltions wliirli aii- rmi-
\iii] sidiTi'il liy us as ' imlispi'iisalilr. 'I'lir wiirilin>; of tlii' Arlidrs iiiav lir allrrril a.i
may III' ili'i'iiii'il rxprilii'iil, lull llii ir siilotaiu'i' iinist lir pri'siTvril, nor ran an,\
i.'.i'iitial ilcpiirtiiii' fi'iiiii that siilislanci' li ■ ailiiiittril on tlii' |iart of litrat Killain.
riir pi'i'iiinlilr may lin consiilriril as opi-n to any alti'iation wliiili may lii' pioposi'il.
,,hil wliirli yon may think I'Siii'ilii'i •. In tlir inoji'il whirli I hiiM'si'iit you, tlii'ilili-
iliiiii III' li'irilory ailoptnl in llir ( ■oiivi'iitiiiii of 1-'J7 liiu, ln-i'ii ailhrri'd to. Thai ili'li-
iiition appi'ars In In- Ihc most snilalili' ami opi-n to llii' li-asl oliji'itioii.
If llii' I'liitril Stairs (iovrrnmrnl slioiilil a;;rrr to our Irrnis, snrli or iiraily sinh as
ilii'V air now pioposril, yon will ilo wrll to ha.slcn as iiinrh as iiossihli- ilir conrlusion
mI' ilii' 'rrcaty, sinci' tlir prrsi'iil ('onslilnlion of tlir Smatr apprais in olt'i-r a yiraliT
iliiiiicr of ari|nii'srt'iiri' of that imporiant limly in tliosi' loiiilitions than nii;;ht hr prr-
-iiiii'il al any fiilnii' pi rioil.
If, nil ihr olliiT liiinil, till' I'l'i'siili'iit slioiilil tli'dini' to arcfpt tliosr Iriiiis, ami slioulil
iiiiiki' any ronntt'i-iuopositioii rssi'iitially at variiinro with llirir miIisI.iiui', yon will
i\|ii'i'>s I'l'^rirt thai you possi'ss no powi-r to ailniil any siirli moililii'iilioii, ami. w itiioni
JiMiliilrly n-Ji'i'tin^ wlialrviT )iriiposal ma\ lir >nliiiiitti'il on ihr part of tlir I'liiti'il
>tatr~, VI Ml will irfi'l tlir W hull' lllllt trl' to \ our ( ^iiv I'l llllli'llt ,
I IIIII, vV*.'.
Ai{i;iM»i:i:\.
Tlicdraiinht or projccl wiis, as icoiiol.s the (If.sn iptioii (»! tlic lioiiiidaiy
now
ill (|iu'.sti(»ii, iili'iiliciil Willi the Trcatv a.s iiHiiiiatcIv ratilicd.
(Ml till' .saiiH' (lay, also, Mr. Mai-Laiif, wlio liail iM't'oif this tiinr sue
rt't'dt'tl Mr. I'^vi'irtt as tlir I'liiti'd States .Minister at Luiuloii, addri'sscd
.1 It'ttt'i' to .Mr. Iliicliaiiaii. as follows :
l.iiMiiiN, Mail H. I-H'i,
^lli: 1 ii'i'i'iM'il, lull' in llu' day, on tlir l.">th iiistaiil, ( |-'i iday, ) your dispalrh No, "-iT,
'.iiril till' "jsth of .\piil. 1- III, liaiismilliiiy a notii-r fni' II h' aliro<;'alioii of ihi- ( 'oiivcii-
iiiiiiiflhi' lllli of Aii^^iist, 1—J7. lii'lwi'i'ii till' rnilril Stall's and (irral Mrilain, in
,111 oidanci' with ihc irrms pii'srrilii'd in tlu' lliid .Vrlirlr, iiistiiiiiinn lui' to drlivrr
Mm- iiiitii'i' lo Ilcr Itritaniiir Slajrsly in pi'ison, or to llir .Majt-sly's I'riiirip.il Si'cri'l.iiy
"f Stall' for l'"ni'i'i;in AtVaiis, as v ill lir most ay;ii'i'aldi' to llrr .Maji'-ly's wivhrs, and at
ilir Ml nil' liiiii' Iraviny; llir modi' of tin' di'li vny ol' tin- not ii nliirly at iii\
OU 11 I
ilrtlnn.
I will of coiMsi' I'xi'cnti' .\iiur inslrmlions at tlir i-arlii'st jirai'ticiildi' inninriil. As,
li.iwi'M-r, I could only asi'i'itain llrr .Maji'slv's wislirs, wliiili I um diri-rlrd In I'liiisiiil,
iliiiiii;,di llii' I'riiiripal Si'i'ii'iary lA' Stair fnr I'niri;^.! .\tlairs, siilliiu'iit tiiiii' has tint yit
I II iilfordt'il for llial piirposi' ; and. in tin' iiiidst of tin' pr"paratinii i>t' my dispatrln-s
llir till' sti'ami'i' of to-inorro\v, and of my •'iijjajjriiii'iils ai tin- l''ort'i;;n OHi.'i' roniii'r'.i'd
null mil' of till' lopii ■ of this li'iti-r, it has not hrnn in my power to i;ivi' to a .siiliji'it
"iMi iiiiirli iinpoi'tani'r that di'lihrration wliirh I am si-nsildr a prnprr rxcrrisi' nf thr
iliHririiciii I'oiitiili'il to nil' rt'i|uiri's, 'rii-mnrrnw, hnwrvi'r, 1 prn|iose to si-rk an iiitn-
■ ii'W willi Lord .Vlii'idrrii for llii' piirposi', and withoiil loss of liini' linally lo i'mtuIi'
}'iiir insti lU'.lions in llu' modi' that ma\ lir drrmid niosi rffrrtinil. I may adil. 'hat
illlliill;;ll it is allnui'tlirr proli.ililr that Ihr prrsrnt.lliiill of Ihr liolirr 111 IliT Ma|r>l\
ill pi'iMiii will not 111' iidmissilili'. and thai wlii'ir a Tiraly mav lir aiiniillnl upon iioiirr
'111' party, thr Hindi' nf dilivrrili;' llir lintiir liiiil linl lir drprlidrlit iipiin tin- ilssciil
if tll.'iitlii
.M't, ill till- plrsrlll lllstaliri'. 1 iln lint Ilpp
111 llli'lr will hr ailV diDi
I'llty ill ;;ivin;t and irrris in;,; thr nntii'i' ill a inodr niiiluiill\ sat isfactorv , and iii rui
I'Miiiity with iisjijir ill siirh lasi's.
II niv lasi dispMii'li. i No. 'I'.t, i datrd on tlir :til instant, allrr an iiilnx lew wit h Lord
A'li'l ill I'll. I infill 11 in I Mill I hat as .snnli as hr rrcri vrd nllli'ial ilili'lli;>riiri' of thr Smali-'H
^<>ti' Mpiill till' I'l'sidlllioU id' llolK'i' 111' would lirori'i'i! tiniilly to rousidi'r llir sllliirrl of
<>i<';;iiii,aiiil ilirni .Mr. i'liktiilia it to siili nil a fiirtlirr pioposiiiou upon Ihr pai t of lliis
'iiiNi'i iiiiii'iil, and also that ii was iindi isiood that hr would mil hr pi'rsrnlrd Irom
i iKlliy; this roillsr liy any disiijilrrlnr il lirtwrrn thr two lloilNrs as lo ihr fnilii of llir
liiillrr,
I liavi.' iinw lo ai'ipiainl you lliat, al'trr llir rnripl of \nur dispalrlirs mi tlii- l.'iih
ili'^tailt \i\ till' ( ','ilrdiillia, I lllld a Irii;;! Iiniril rnnfrlrlirr with Lord .Mirlilrru : mi whirli
'"iMsinn Ihr irsninptinn 111' till' Iir;iii| ill t inn fnr an aniiraldr sitl Irmnil nf t h.' < »lr^oli
' 'i<"<tinii. and Ihr iialnrr 111' till- prnposilirii hr rnntriiiplaii'd siiliinittiii^ I'm that piir-
i"'^r. Inlliii'd Ihr sulijrrt iif a full and t'lrr i'nn\ rlsat mil,
i ll.nr iinw In stair thill ilist I'llrt inlls W ill lir I railMilit Iril to. Mr. I'akillliaill h> thr
Mi'iiiiirr i>i' tn-niori'ow, to snhmit a iirw and fiirlhrr propodlinn mi tin- part ol this lim -
rrnimnt, for a partition of tin- Iniitors in dispnir.
'^i\ ] ■ riir propiisiiioii, most prolntlily, will ollri snlislantially :
m
L*:;n
.olMlIU T.sr WATKlf linlNbAHV AI.'IUTIJAll* ».\.
I''ii-I. rci (li\ii!i' iIh' IcniUiiy liy llir cxri'ii^iuii iif llic line nn ilic |imi;iIIi'| i,| |(
III til
ii ; I hilt. I-. Ill >;iv
III III
111' lllr M'U Cilllril liinlr^ r>;i> , llirlli r liv ll
CiiiiJil »!"• Ann mill .Sliiiils nf I'ncu In I lie ( iicim, iind (•niiririiiiii;^ In tin' I 11 1 till St II
wlial. iiKli'fil, tliry woiilil |HisM'ss williiiiil iiiiy s|irti;il nnilii iiiMt imi. llic liulil Irnlv ti
nsi' mill iiiiv iuiilf lilt' Slr;iil lliiiiii;;liiiiit its rslciit.
SfttiiMl. to si'cnif to till' Itiiii.sli siiliji'iiH iircii|iyiiiL; l;iiiil>;, I'mls, mul slat inns miy.
v\ licir ill till' ri';>i<iii iMii'tli III' lilt' Ciiliiiiiliia ami mhiiIi nl' llu' rniiy-uiiilli iiatallil, i
|ii'i'|ii'tiial t ii ll- III all llii'ir la nils ami statinns nl' \\ liirli tliry may lir in arliial iirrii|i:i
tinii; lialilr. liiiwt'M't. ill all irs|ii'i'ls, as I iimli'i'slaml. Ill llii> jni isilii'tiiiM ami >iimi.
•ij;nty of till' I iiiti'il Stalls as ciii/ciis 1)1' tlic I'liiliil Slal"s. Similar |iri\il
III- iiDrlril til
II' cNli'mli'il In r
ili/i'iis III' t 111- I 'iiilcil Stal
I's Willi ma
V lia
I'^I'S will
VI' sell li'llH'll!-
mii'tli ul' till' I'm lyiiiiil It jiarallrl: tliiiiiuli I |iii'siimi' it is inriiy wi-ll iimlristiMnl ||
tlirir air im sell Iciiii'iils ii|miii w liii |i this mmiinal matiialit\ ruiilil ii|iiM'ati'. I have
iiicaiiM III' a cf 1 1 la I rl.\ asni laiiiiiii; Ilir rstiiit nl' i lie incsriil Ui it isli si't I Irmnits lirtwiT
till- CnlMiiiliia ami llir rnfiy-iiini li |iaialli'l. 'I'liry arr iint liclirx cd liy Lniil Aliciili.
In III- liiimi'lnils, linwcvcr ; rnlislsl III;;, as he sii|i|iiisi'S, nl' a li'W Jilivalr I'alliis ami I.
or tliiic tnris and statinns. I liaNc alirailv. in a \>vv\ inns iliH|iat('li, taUcii llic lilnit
In rcmimi >nn tli.it liy llnir Cliaiiir lln- llmlsmrs Hay I'nmiiany aii' iimliiliitiil tmi
U('i|nii in;; title In Imnls, ami tlial tin nri'ii)iatinn.s to lie ali'i'i'lrd l>y lliis i'i'si'i'\,'itii<
liavc liciii made rillii'i' liy llie st|iialli'rs nl' thai ('nm|iany, nr liy tin' I'liurt's Smin
Land ('um|iaii\, Inr the |iiii'|iiisr nl'cN adin;^' tin' |irniiiliil inn nl' ihe lindsnn's Ha\ Clin
tcr.
I
II "are. in |ii>iiii nT I'.-iei alsn, ai'i'iirdiii'.; in ( 'aplain
WiM^
.•leenlint . illll i \ iiu'il :i!
used i'llii'll\ liy the IH'lsnlis em|ii.i\ III ill I he .sel S iie nl' t lie Ininirr t '<iniiian> . ami
aip.iliaiy In their ;^eneial Inisiness of linntin'.^ and liajiiiiii;;-, lal liei- than with a \ ii'
Is 11 lias lieeli I'elleiallV si||)|iiisei
I. nl'
iiii/inn nr nl |iernianenl sei i lenient.
Lastly, the |irn|iiisii inn will di'inand I'nr tin' lliidsnns liay ('niii|iaii\ I In' ri^ilit
lri'<'!> naxi^iatiii;; lln' ( nlnmliia
i;i\
ll will, linui'M'i. as I nnileistand, diselaim t
11' lilea II
1' sovi'lei^nl \ nr nC I he liuilt nl
I'.vi'ri'isiny; any Jill isdielinii nl' ]iiilici' wliatrvcr nii the part nt' I Ids ( invi'i'iinn'iii mi'i
tlir ('nm|iany, and will <'nnli'iii|ilalr niily llie liiilil nl" na\ iijal iiii^ I lie river ii|iiiii tlr
saiiH' t'nntin;; and acrnidiii;;' In the sanii' ri'<iiilatinns as may in- a|i|ihralil<' tn tin' lii:
Zi'lis III' the I niled Stairs.
1 lia\ e already ari|nainled \ nii tli.ii Lnid .\lierdei-n has very |insii i\ el\ and i xplirili ,
deelilii'd In Ileal nC the lia \ i;;at inll nf llle .>sl. LaUleliee in cnlilU'rl inn with that III' ill'
< 'nlnmliia ; ami thai ex en il' il w ere desiraMe In ns In )irii|inse tn nl't'er mie I'nr the nllli l.
he Wnilld nli ini aeenlllit elllel' ititn any m';'ntiatinn in regard In the St. Lawielm.
I'rnlil the d.ile III a |il!Vale letter In the riesidelit ill .Vllniisl, 1 have seen lln laiM-
tn cliali;;!' the n|iininli thai, ill ail\ altelll|il In di\ ide the ( lle;;nn ten ilnry, the iihll:;;!
tinli I'ell hy this ( iiiv el linienl tn I IK It eel Ihe lights nl' their snli.jecls w llii'll may lia\ ■
lieen aei|nired nr lia ve ;;rnw n n]i dnrin;^' the Jninl neeii|ial inn, wimld 11. list iiriili;ilili
iiiter|i<ise the ;iieiitest dillienlt.v ill the way nl' an amiealile adjiislment. And it is iimv,
iiliviclls that the |irn|insed reserxatinn III' llieri;;ht In the lllldsnn's l\:\\ Cnmiialiy "!
Ireely iiavi^aliii;; tlif- ('iilnmliia. and th.it in I'aMir nl' the lirilisli neeii|iants mnilini
the river, |iiiieeed Irnin this sniiree; altliniieliil is iiinlialile that ninre nr less [iiiili'
may he felt at ;;i\ iiie ii|i nnw. wit In ml w hat the\' may deem an adii|nale ei|iiivali'iit,
what has heeli hillieltn tendered hy nlir lieniitiatiils.
Ill r.lel, e\ee|i! in tile siir render in Ihe riiited States nl' Ihe title nl' the lands mil n.
('U|iied liv Mritisli snlijeels liel wei'ii t he ( 'nlnnilna and the rnily-niiilli parallel, ami ;iN '
the surrender nf the inrisdiei inn n\ er the river and the ennnl r\' w itliin Ihe same liiiiu»
I am al'raid it i
iia\ , w !i ll
sniiie plaiisilnlity, lie ennteiided that I here is mi \ eiy n
ialrl1:li
lilVeleaee lielweell the present |iriipnsit inn ;:!!•! t li.'ll nlleled tn .Mr. (iallatill li\ .Mi>M-
.\ddiii;;Inii and lliiskissnn, the liiiiish iie;;iii ialnis in l-'.'T.
It is seaieidy iieee.ssary fur me 111 state that the iirnpnsitiim, as miw snliiiiilteil. Iii-
mit leeeixed my I'lillliteiimiee. ,\lllinii;;h il has lieeii lin easy lasU, nmler all the in
eiiinstames. In lead tn a i e-npeniiii; of the in';;ni iat inn hy any prnpnsitinii rrniii tlii-
(invi'i'iiineiit, and In imlnee il In adnpl the parallel nt' roi'tynine as the liasis ol :i
liniindary, lleveitlleless 1 linpeil it Wnlllil have lieeii ill my power In jfive the ]ili'Sili!
prnpnsitinii a less nlijeel inmilile slia]ie. and I llinsl deeply lament IIIV iliahllil y to aci'iHH'
]ilisli it. I have, theierme, fell it my dills In disemiraiie an,\ expeelatinn that it wuiiM
he aeeepted liy the I'lesidelll : nr, il' sllliniitled tnllial lindy, ap.ilnved liy the Si'll:lli'.
1 till lint think there ean he innt'h dmilil, Iniwever, that an iinpressinn has lieeii ln"-
tllleeil here th.lt ll
-enale w iinid aeeepi I he pri
^itinil nnw nflered, at least will
any material imidiliealinn, and thai the I'resident wniild lint take the resiinii
[xv] liility nl' lejeelini; il w il liniil eiilisn It iii^r | lie Sella It'. ll'*lhere lie any re:i
.llllll
n niVer li>s (ill
lile yrniiml Inenleiiain siieh an ini|iiessioii, lioweN fr errniienns, an
.ii'C'tionalile, in the lirst iiistaiiec ai least, eniiltl hardly lie expeeletl.
It may he eniisitlereil eertaiii, also, ill iny npininn, that the nller now in he i
not to lie snlitiiiitei'i as an nltiniatnm. and is not intended as siieh ; tlinn;;h 1 li:'^
ilil'
leasun
III ki
that .\|r. I'aki'iiliaai will nut lie .intlnirizeil tn
•pt nr rejet't any
sKCHND ANi» i»i:ri\rrrvK <TATi:Mr.Nr or (jkkat iihitaix. '2'M
tilt' |iMl;illi'l III' I'l
\\.t\ , llirllcc liy til,.
I till' I 'iiitiil Stall >
llir I inlll III ily I..
, mill stiitidiis aiiy-
y-iiiiitli iiiinilli'l. I
ill ai'tiiiil ixi'iipa.
ilii'tiiiii anil >iivi'i-
iliir |iii\ ili-ni's will
\ liavf xfltirini'iii'
ill llllilrisliiiiil l|i:|-
i|ii'rati'. I have iii
I't I Irllicllts liitWiTM
liy Lmil Alifiilicii
vail' I'ai'iiiH ami t . ,
I, taken t In- lilirit .
It' ))ri>liil)itril fim:
iiy tins ri'st'ivatii''!
I III' I'liui't*-* Siiniiil
I iiiNuii"> i!,iy Chill-
imt. illll i\ aii'il MI'i
I' ( 'iiiii|ian\ . aiitl :i~
tliaii Willi a \ ii'"' ,
t Ii'iiii'iit.
iipaiiy llii' ri^lit i.i
\ 111- III' till' I iiilit Hi
I iiix iTiiiiii'iii mill
Ii.' I iviT ll|liili til'
ihralili' III t III' ill;-
\ ily anil i\|ilii it' ,
Hi wit Ii I liat III ill"
T Diir I'lir till' iiilii 1.
tlif St. LaxMiiiii.
ia\ !• si'cii nil fiiii^i'
II ilDiy, till' nlill^'l
< w liifli may li.n ■
mill ii.ii.sl iiiiilialii'.
'lit. Anil it is iiiiv.
s May Ciiniiiaiiy i>\
iii'rn|>ants nmili "i
iiiiH'c or less |)iiili'
|i'i|iiatr ri|iii\ aliiit.
Ill' tilt' l.•lnll^ mil II'
Ii paialli'l. ami :iN '
hill till' sanii' Imiiiv
is nil \ riy nialiiiMi
(iallatin liy Mi-mv
iiiw siiliinilti'il, llii-
iiiiiliT all till' I'll
iliiisitimi I'niiii tlii-
•■ as till' liasis III' ■!
to jrjVI' fill' lUl'SIll!
iiialiility ti> iiiinin-
alioii that it wmilil
ivi'il liy till' Si'iMii'.
ssinn IniN lii'iii jii''-
'il. !it Irast wiiliiiii'
1 lakr till' if^iiiiii'
ri' III' any ifaMini
lis. an iili'cr hs^ "''
llllW III 111' lllillil' !•
■Ii : tlliiil;;ll 1 llil^'
cri. jit lir I'l'jl'rt nil'
liiiii tliat ni.ix II
M' llI'lllMtSl'l 1 III
I iiiir |iart : Imt tlia! In
in siii'li rasi', 111' iii-
rtril til I'i'trr I III' iiii ill i lii'at iiMi III his ( iii\ I rniiit'iii .
It 1". ii'it III III' ili-^iiiiisnl ihat.siiii'f thf l'ri".iili'nl'-< anniial ini'ssjiiri-, ami t),,' imlilii'
".iii^-iuii that lias «iilisi.i|in'nily t.tkiii |ilait' in tin' ."^in.iii'. it w ill In- ilithiiill. it' not
iii|i(issilil '. to i-iiiiiliii't till' iii'^iit iatimi in its I'ninii' stasis witliunt ii'I'iti'iu'i' to tint
.|iiaiiin III ."^I'li.'ilors, or liii' IVoni s|M'i'iilat ion as to ilii'ili'>.'ri'i'or rontiol tlify may fXiTi'lsc
,i'r till" I'i'siilt. W hafmiT, tlifffl'mi', mi;;ht Ih- |ttiiili'nt ami ri'^nhir in thi' oiilinaiy
.1111 t' fliiiiiis. I think it oCtlir utmost ini;ioi'taiirf, iijioii tin' pn'si'iit orrasion, it' thf
;': ■siili'iit slionlii iliiiik |iro|ii'r to |irii|iiisi' any niotliliratiun uf tin' nll'iT to lir laailf hy
Mr. i'aki'iihani, that thf nioililiiatiiiii slniiilil hf niiilii'siiiiiil a> |in>si »>,inM; |||(. loniiir-
■■■tii'i' ol' thf t'o-oiilinatf liiamh of thf 'I'lfaly Towi'i'.
It is not f.isy to iiin ji'iinif. w itli any if it a inly, ihf f xtf n! to w hirli i lii-< ( mi\ ii iiiinnl
MiL'lit lif iniliii'fil to I lily thf jiioiiusil ion. I'Vfii it' llify shunlil lir a^^iiiiil llial tin-
siitiilf. no Ifss than ihf I'ltsiili'iii. ilcniaiiilfil il. Il iniist not f-ia|if iili>f i\ at ion thai,
iiriiiU thf iiifffiliiiLt ailiniiiistialiiin ol' mil- < iovfinini lit , thf f'.lfnsiiin uf tiif liiif on
I'lHiy-ninl II jiar.illfl to thf .*«lrait nt' I'lii-a. as now p
'■III
il hy I.oril Ahirilfin. wa^
illy Hny:y;f.sl I'll hy my iinnifiliatf pifiliffSMir as oiif lif llion;.;lil hi- (JoMininrnt
iii;lit ai'fi'pl ; ami that, in ifjiai'l to thnsr i;nj;li>li suhjii'ts who woiilil hf h tl within
Viiii'i'iiaii Jill isilii't inn hy ailopt iiiL; I hat Itonntlaiy . In- foii.siilf ifil I li.'il l lif pioN i-.ioiiH ol'
\rtirlf II ol' .lay "s 'I'lfaly as a pi i ilfiit lor a fiin\ f iiifiit motif of ilfalin;; ^^ jth thi'iii.
Ilv-Vrtiflf II III' .lay 's Trfaly, howi'Sff. Iliilish siiliji'fts woiihl not only lif scfiiiiil in
ill- ahsnliilf t itlf to all t hf ir la in Is ami f Iff its as In Ily as iiy I. mi I .\lif rilf f n'- priipo'<i-
lint won hi hf allovM'il thf option to iiiiil iiiiif as Itiit ish xiihji'f ts, anil w it hunt any
,llt':.'ianii' to thf (io\ f i ninfiit of III' I'liitfil .'^tali
i.'fii'^ tillfi-, as I nnilf rslainl it. I In- y w niihl not pos
. hifli, arioiiliiiii to I .mil .\hi r-
In point of I'ai t, thf if I'mi
siilistaiilial |i'iints ol' thf pri'st at oit'i'C, ami tlio-f whirli may Iw f\pfiti'il to In- ri'-
is niosi iilijfft ionahli', ari' liMlf m
'ii'l's or ■■n;^j;i'sl imis w huh,
iMin dill' ow n iii'ijot i.ilms.
I liaVf in\ si'ir alw .ivs liil
Ml' tl
.'it tlill'fi'f nt liiiif-, li.i '
laii thf f niliotliinfiit ol thfxaiioiis
f. Ill sun
If I'm III or III hri', p
ilfil
il. iftl
If fxtfiisiun of thf lint' nl' hoiinilaiv mi thf I'ml'
nth )iar.illi'l hy thf Str.'iil of I'm a to Ihf sf.'i w niihl hf ai'ffptahlf to mir ( hix i-i iiini'iil,
' i.il I 111' ilf iiiainl of a rii;hl I'lff ly lo iiavi>;.'iti' Ihf Coliimliia liiviT won It I In- t'oniprmni-ftl
mill a point III' I inif, hy foiiffiliny; it for sinh pffiotl an mi;;ht hf iifffssaiy lor thf
1 nil' III' thf llnilson's May Company nmtli or smith of thf rmty-iiinl h para I If I. I'.ntf r-
■iiiiiii;i i;ri'at lonliilf lift- in that opinion, ami ilffiiiini; il only riMsmiahlf, I cmil'i'ss
'ii:it. ri'iim an i-arly pi'rioil, I liavi- nsfil f Nfi'y aiunnifiit ami pirsnasimi in my p'lWfr to
'xiiiiilf l.onl .Mifnlffii to siifh a liniital ion, ami. .iltlimiH|i I am i|iiitf awaif that,
Mill .1 portion ol' thf l!riti>li |iiililif, an iniportani'f uhiih it hy no nifaiis ilfSfivi's is
.'larhfil to thf na\i;iation ot'ihi'CiiIiinihia l,'i\ ir. .mil in that orothfr^ il i- iiiiih'Sf rsfilly
";.'iiit|fil as a point of iniilf, I liavf lucii ilisappnintfil hy thf pfitinafily with whifli il
:i» liifii. at so innih ri-k. iiisistftl upon, l-'fi'liiiir \iiy >iirf, howi-Vfr. that thf pifsfiit
'^I'P is not iiiailf or inlf nilfil as an nit iinat niii, I think il only ifaMMiahln to in If ran fx-
;"'i'tatiiiii mi t hf part ol' t lios" w ho art' olt'f riiiir it, not mily that niinliliiat ions may hf
•iirsii'sii'il, hilt that tiny may hf ifasunahly ifiiniii'il. .\iiil thfifrmf 1 still fiitiitain
111' tijiiiiion. I hai alt limif !i. I'rom a varif ty nl' I'ansfs- -in part , pi' rlnips, I'lom an I'Spffta-
' mil that in thf In it I'll .""ita I IS this pi lint may not hf a hsoliit fly iiisistftl upon, ami in part
'nun ili'lfri'iiif to inlfri'sts anil iniprfs>ions at limnf — tln-y loiilil not hf iniliiffil in thf
''i>l iiiNtaiiff to inakf an otri'i' w ith smh a i|iialilifatioii ; yit, il tin- ailjiistnifni ol' tin-
H-siion slionlil hf rmintl lo ilf pfinl upon tliispnint only, tlify wmihl yiflil thf ilfinanil
" ihf |if nnani'iil n.i\ if .ilimi of thf rivf r, ainl In' fonlinl to ai pt it for sin-li a niiin-
iiilil .1 lion I all thf snhstaiiti.-il ailv aiita"f-> lo thii>f intf rfsi> tin- \ lia\ f
I'ars as w i
'•I 111' y
■Mitiriilarlv III V
ifW that II
Illll
III' ifasmiaiilv i
li'Mri'il. If tl
If only iiiifsiimi upon
Mi:i'h thf ail j list nif III ot t hf < ir ;.Min t{nf st mn ilf pf mlf tl nIioiiIiI hi- w hf I Inr I hf iia\ i<.
'lull "I ihf Coliinihia K'i Vf r .'• imilil I if ni.'iiitfil I'm a pf liotl siiflif ifiit li> >iilisf isf all I hf
!iiii|iiisi"^ III' Itritish siihjfits within I hf ilispntitl tf riitmy , or w lif thf r thf i if hi shmihl
ill' I'Miinlitl imlf linili'ly to a jiartif iilar ilass of Ml ili-h siihji'cts. I nni-t hfln-sf tliati
'II' lai);lish statfsnian. in thf faff of his ilfiiial of a similar pri\ ilfy;.' to .Vnifiifaii fiti-
-"'iis in ifjiaiil to thf i^t. I.awri'iiff, wonlil lakf thf ha/aiil upon this point almif of
'lis|iirhiii;r thf pfiiff of thf worlil. Inih'fil, if thf saiiif Ministry from whom tin-
piiscnt niifr proiffils shoiilil foiitiniif inastfis of thfiiowii |iriipositimi hy iiinaininn-
Il iifliff until till- ijiialilitatimi I am aihfitiii^ to wonhl havf to hf ilfiilt with. J shmiltl
iiil I'liliii' foiiliilfiifi- ill thf hfliil I havf now f\prfs>t'il.
I ri';4ri'i to sa,\, hov, i'\ fi. that I liavf not ihf li-asl i'\ pfft.it ion that a Ifss ri'si-r-
'^^ i j \ at ion than is 'propnsfil in fa vor of t hf m f npants nl lainl hf t w ffii t hf < 'olniii-
hii jinil till' forty-ninth jiarallfl wmilil hf ar>sfntfil to. I may ifpfat my fmivif-
'iii'i. liMimlftl iipmi all tin- ilisi'iissions in whiili 1 havfliffii fiiya^ftl lifif. that in
'ii'ikiiiv' partition of thf nrfj{oii 'Ifirilory , thf pinlfitimi of lliosf intfifsis wlinli liavi'
^iiiAii lip ilnrinj; thf Joint ofi'iipation is ifyanlftl as an imlispfiisahlf ohlij; atimi iiii
Mil' siiiri. of hnnnr. anil as impitssihif to hf ni'^lff tfil. I am i)iiitf siiif that it was at,
"III' tiiiif in 'oiiti'mplation to insist i pmi tlif fri'f navi;;ation oi' thf Coliimhia Itivi-rfor
I
FT
2a2
NOUTIIWKST WATKK IKMNDAUY AKHl TKATH ».\.
ltrili>ll Mllijrrts ;ih<l III il isli rniiitiK'l rr •.•rlirlallx, illlil tllill it liil.> lii'iMi lilt lliiillilv < uli-
lilli'd til tlir llllilxin'^ IS;i\ ('ii|ii|i,'ili> , iitlrl );lr:il I t'si>lilliri', jillil, in I lii' i nil, ninsi |,..
llli'tailtly. I>i'ill|r •«> t nlililli'il. iMiWrSir, it Wnlllil In- nlilv Irasiillillilf til limit till'
rllJiiN llirllt III' till- l'i;:llt tn il )irl iml lii'MilliI W liirll tlir i'ii|il|i{|ll,\ llli|;llt ililVi-llii i:ri';it
lilijrrl III IIM- till' IJVrr tm llir |ilir|iii>rs of tlii'ir tlililr, lint llir inli-l I'NtM nf tin- lillli>||
sMlijrrls who liJiNr M'ttlril ii|miii ami air orriipvin;; lanii.- mntli <il' llif InrlN niiiil,.
arc I'linHiilt-ri'il as iii'iinaiirnl. ami rntilli-il, wln-n |ia->>in;; iiinlrr a ni-\v Jiii i.>ilirtiiiii. tu
have thrir ]ii)>,Hi's.siiiu MTiiifl. 'I'liis. at Irast, is tin- view taken nl' ihr Miliji'it l>\ iln,
(iiivi-i'iiinrtil. ami imt at all likely, in my ii|iiniiiM, to lie i'lia!i;;ril.
1 llia.V ailil. ton, that I have nut the least leaHon to >-II|i|iom' it wonhl he |iiis>il
ill' Il
olilain the e\li nsiiMl of the t'ol'tN liihlli jiaiallel to the sea, ->o as to ;;i\ e t lie miIIIIiiiii
»ai I' \ amnnstrs i^lanil to the I nileil Slates.
1 1 may not In- amis>, lie lore leas ine this snlijei'l. to eall yoin :i*l< nt ion In t he |iii>iiliiii
<if the lUesenl Ministry. The sineess nl' theil nnasilles lespeet in;; the )ilii|iiiieil iiiiii.
ineieial lelasatioii^ Is ijiiile eeitain : ami the Coin Hill, has ini; now linall.s |iassei| tin
Ijonse III' ( 'ohimoii>. may In- eN|ierteil, at no lemole llay , to pass t he I, III I Is hy a majiiiilv
no less ileeisi\ e. I'lolntliat t illle, how e\ el, t he tieW'hirll has hit hel'ln kept the \\ li,^
parlv in snppoi t of Sii li'olieit I'eel will lie ilissolveil ; anil the iletenniiiatioii nl tin
olerlionist parts, who suppose ihelilselM'S to have lieeli lielraseil, to illixehilil I
llllll
tillire, has lost none ol' its vi;;or or power. Imleeil, il is eonliileiitlv reporled, in i|ii:ii'
ler.s eiitilleil to ureal res|iert. that they have even iitlireil to the Icaili T nl the \\ lii^
party io seleet his own lime, ami that, when ho in I'failv , they will liu no less iiiepainl
to t'oree Ministers to lesin;n.
1 1
lave reason
to k
that, at )iiesenl. Ministers tlujiiiselves lulieve a ihan^e ti
iiiexilalile, ami are eoiisiilerin;; only the inmle anil the lime in whieli it will he i t
likely to happen. It will not lie Ion;;, alter the snecess nl' I he ineasni'es I'or the li'iiiii',
of the Coin haws, liel'ore oppiii I unities enon;;h I'm' the aeeomplishmenl of the olijrii
will oi'i'iir. The I'aetory Mill, re;;iilalin;; the hoiirs of lalior, w ill aM'nril one, anil iini.i
inolialily that onwhieh theelmnxe will take jilaee. With a know leil;re that the i!iaiii;i'.
sooner or later, ninst he nnavoiilahle, ami that the oiler has lieeii niaile to the prnlialili
heail of a new Ministry to seleet his own time, may it mil he expected that, iiisti'inl <>i
aitin;;' ipiielh to allow the Whi;; leader to select the tiini; of coiiiili;
th
le piiM III
rreiiiiei' will rather select his own time and imiile of ;;iiin;;' out, and, with his iisiiai
sajjacity,
re;;ilhlte his retirement as to leave as few olislacles as piissilile to his
mil
toialioii to power.' Ill that case it is not very unlikely he wonhl iirefer ;;oiii;
upon the I''aetory Hill, hefore taking ;;riinml upon more important iiieasiiies ; and, if m>.
It will not surprise me to witness the comin;; in of a new Ministry hy the end of .liiin.
oreailier. With a know lei|e;e of the proposition now to he made, I am not prepiiini
to say that one inoie olijectionahle mi;;ht have heeti appiehendcd from a Whi^ .Miiii~
try; unless, indeed, the present (oAernmenl may he sn|iposeil to he pi'e|iareil toarii|ii
i|iialilieations, when proposed li> the I'resideiit, which il w as unwilling at lirsl to nliii
I'pon that supposition. It mi;;lil he desirahle that the imidilicat ions should he olliini
het'oie the comiii;; in o( a new .Minister, who. lindiii;; only the acts of his piidece^^ni,
w ilhont a know leilM). of his intentions. Ill i^ht not he so ready to take the respotisihihi"
of assent in;; to a clianp'.' --..•.
1 have, i\c.,
I.ol'IS Mai I.AM;.
'i'lic r»»llo\viiio \v;is .Ml'. I'iikfiiliiiiii'.'^ i'c|MHt iiltt'i' rt'ct'iviiig Loi'd A'k'I
Wasiii-m; iiiN, ■hiiii 7, l-li'
(liM'ii's tlispatclii'.s ol' iMli May
[No. iw.]
Mv liiHin: ller M.'ijesty's fJoveniiiient will 1 ecessarilv he anxious to hear as soon .1-
]iossilile the result of my lirst commiinicalions with the rnited .'states (■ovcrnmeiii. :ii
)iiiisiianie with your Loiilsliiii's instructions of the 1-th of May, on the .siibjeit nl
* >l'e;;on.
[xviij 'I ai'i'oriliny;ly take ads. 'intayie of the ile|i.irlnie of the (ileal IJritain sti;iii
sliiji to aci|naiiit soiir Lordship that I had \esteidas inoriiin;; a ronfeieiiie. !•}•
appointment, with Mr. Iiiiehanan, when the ne;;(iliation for lliu settlemt'iit of lln
(M'eeoii (finest ion was tormalls resumed.
As the hest explanation svhiih I conld oiler of the motives svliich had indiici il lli "
Majesty's (iovernnient to instrmi me to make a fresh, and, as your lvordshi]i hoimi. ■'
linal, proposition for the solntion oi these lon;;-existin;; dillicnlties. I read In Mi' I'"'
c ha nan ;in extract from your Lordship's dispatch No. h". liey inn in;; ss ilh the woitis. "I"
this state of allairs, it is a ni;itter of some anxiety and donht svhat steps." A e.. tu tin'
end of the dispatch. It seemed to inc that there was iiothiiij; in the nhsi rvati<in»
' Tlif last three para;;ra]ilis of fills li'tter an- niiiitti'd liere. They have no rcliilimi
to the i|nestiiin liefole the Alhitialol. and Ihes have lint (as III' as llel Mi'jis|\ '. (li'V-
<-rnine:it knos\ ) hicii [i;iiil:slnd hs the I'liitid States (iovernmciit.
Ion.
htCONM AM) KKFIMMM: >1.\TI.M1;M of (iKKAl UKllAIN. 'J.'i.S
fii iilijiiuiii l\ („i|.
II I III' lllll, IIMlst I,..
ilili- Id limit III.'
Ulll IlilXr nil mi;it
hnI>« III' llic liiiti.l,
III' lllr liillv lillilli,
ifw ,imi>iliciinii. I,,
till' Mllij.'!-! Iiv II,,,
mill 1)1' |iiis<.ili|i' I,,
i\ V llic Militln III
I illll III I ill' llll>llll>ll
t 111' inii|iii-iil cciii,.
liii.'ill.S jiii.'-M'il iIm
.iiiiIn liv II inii|iiiii\
•ItO kl'i'lt till- Wll.;
ti'i'iiiiiiiitiiiii III till
to ili'ivt' liliii iiiiii,
ri'|)ii|'tril, ill i|ll;i|.
fJlilcl of till' Will..
lit; no If.ss |>|-c|iaii(l
cvo a fliantii' i<i li.
I'll it. w ill III' iiii»!
iiiir.H for I he if|iial
llirllt (if till' lllijcrl
loi'il oil)', anil iiiiKi
if that tlii'rliaiii."-.
iiilr to till- prolialili
li'il that, in^ti'iiiji'i
lini; in. tlir iui'miii
ml, with lii.i iiMiiii
possililr to his l'i'>-
I inrtrl' ^foili;; out
taMirt's ; ami, it' mi.
>y the I'llll of .lllln.
I am not |ii'i'|iaiiil
ioni ii \N'lii;t Miiih
|ii'c)iari'il to air>|ii
iiiji at liist to lllln
IS silOllIll III' oDl'llli
ol' his itrtilcci'sMii.
• ' tht' ri's)i(iiisihiliiy
MIS Ma. I. am:
iiig Lord Alit'i
ui.\, ./(((((• 7, l-lii.
s to lirar as mikIi a«
tcM Govt'inimiii. ;ii
, oil tlic snbji'i t "I
teat Hritniii stum
I;; a ront'crt'iii c . ''V
M'ttli'iiu-nt ol i!.'
h hail imliK'ri! Il> :
]^oi'(lshi|i |iii|iiii. .1
t. I read to .Ml. I'>>
I ill) the \voitl^,"h'
stops. " iV '■.. to tlil
111 t III- iilisi 1 \ alii'i.-
y lia\ (' no rihilii'H
111 M.'Ji'vtv '■ (ii'\
taiiioil in this jiait of \iiiir l.oiilship's instniitions w hirh mi;{ht not lio ail\aiita^o-
„.f>\\ iiiaiio known to llio .Vmoriran (iosoiiinii'i.t.
Voiir l.oiilship's lan;;iia;:o appoait'il to niako a ;:oimI ileal of ini]iirssinii upon Mr.
i;iirh.iiiaii. .Mill I ii ail to him tin- oMiail which I hail pnpariil from tlio ilispatiii,
;„ ii'i|in'siril to ho allowoil to roail it ovor himsolf, in ni.v pii'soiico. \\illi whioh roi|noHt
I III' coiir.so complioil. I thoii;;ht it liosf not tojoaN*- a oop.\ of it in his hanils, has in^
:i\irw tho possihlo. altlioii^li Hot pi'olialilo, I'ailiiio ot till' iii'^otialioii whioh ini^ht
;. mill it ilosiralilo to iloli\cr to hini a oo|iy at loii^tli of tho ilispatoh, w ilh a \ iow to
N iiltiiiiato pnlilloal ion.
1 tlioii laiil lii'foro him a oopy of tho ilraii^ht of a ( onMiition whioh aooonipaiiioil ,\<inr
LiiiiMiip's ilispatoh No. I'.l. wliiih .Mr. itiiohanaii saiil ho wmilil iininoiliatoly siilitnif
iitlio rrosiilont lor his ooiisiiloration. .\ miniilo ot what passoil liotwooii ii> was
;iii'ii ilrawii up ami si;;noil, with tho iliaii^ht ol tho pro|iosoi| ('nn\ontiiiii t'oiin.illy
,iiiiii\iil to it.
.Ml. Itnolianan frankly tohl nio that, in his o)iinioii, tho only |iai't ot' tho proposoil
iiiaii;:omont likoly to oooasion any sorioiis ililhoiilts, was that rolatin;; to tho navi^a-
'inii of tho Colnmliia, for ho said tli.it tho stroni^ost oliji'otion osisioil to ;;iaiitini; tin-
:iir|ii'tiial fiooilom of tho navigation of that rivor. I iliil not fail to point out to him
111- ;;riat ilitforonoo which ox istoil hotwoon a jiorpotiial ami ;;;onoral irooiloni of navi-
^aliiin. ami tho ijiialilioil li^ht of na\ i;;atiiin contomplatoil in your i..onlship's ]ii'opi).>4i-
iiKU. ill' ailniittoil the force of my ohsorvations in thissonso, Imt 1 colloct, from what
li'll h'liiii him on this point, that an attoiiipl will ho mailo to limit the jiroposod com-os-
•Hiii III the till I a lion to the exist in;; chart or of tho 11 ml son's Kay Company.
At i o'clock xosterday i voiiiiiy I a;;aiii mot .Mr. Itnolianan. hy appointment, w hen he
'iiM nil' that tho I'rosident had come lo tho determination to suhniit imr whole piopoMi-
'inii III the Sonati' for their ad\ ice, and that it would accordin;;ly ho sent to t In- .Senate at
.iiirariy day with a Message, whioh Mossii^io nii;;lit, and proliahh would, sn;;;;est sumo
Miiiililirations of it. \\'liat these moditioations mi;;ht he. Mr. Itnolianan said, had not
it liron determined ; hut I iina;;iue they will not involve any thin;; o.s.sontially hostile
'<! till' adopt ion of the proposed arran;roniont, or which may not he overcomo \ty t'lioiidly
:.<'^iiliation and explanation hetwcoii the iwo (iovornmonls.
.\s lelatos to the Senate, my l.,ord, wlion we consider the imidoiate ami conoiliatoiy
spirit in whioh the entire ijiiostion of nroH;oii lias heeii treated hy a lar;;o majority of
iliat holly since the openiii;; ot' the present session of ('oii;;ross, I think it iiia\ he
laiily oxpeclod that their advioc to the i'residont on the loforomo whioh is ahont to
III' iiiaile to them will rather favor than impede an early nnd satisfactory termination
"I tile (>ri';;on dillieiilties.
I >liiiiild add that, in addition to what Mr. Itnolianan said ahoiit the iiii\ i;;at ion of
:li<' ( iiliimhia, he ;ravo it as his opinion that it would ho neoossary, and even ad\ isahjo,
■ nil the \ iow to .ivoid future inisnmloi.<tamlin;;. to deli no. or provide for the early doli-
iiiiiiiiif, the limits of the farms and hinds now in the occupation of tin; ru;;et Smind
Aili'ii'iiltiiral ('oni]iany, ami which it is propo.sod shall he oonlirniod to the Association
II liirpotiiity. To such a proviso, if conceived in a spirit of liherality and fairness, I
iiiiii;;iiio that ifor .Majesty's (iovornmont will have no olijection. Itiit upon this point,
II vvi'il as what relates to the navi;ration of tho Cnlnnihia, I will act with due caution,
lllll, III the host of my hiimhle jnd;;niont and ahility, in ooiiformit.v with the spirit
iiiil intention of voiir l.orilslii|i's instructions, as sot forth in vour Lordship's disimtcli
Nil. r.i.
I have, iVc,
]{. TAKKMIAM.
Oil
the null of .Iiiin', till- ricsidciil dl' ilic liiiU'd States sent this
■'(> to t III' S<>iiii ti> •
.M('>;.s;i;;ii to the St'iiiite :
I lay hot'ore the Senate a proposal, in tho foi 111 of a Convention, piosoiitod to tlio
'I niaiy of State on the (Ith instant, hy the Knvoy I'.xtraoidinary and .Minister I'leii-
ipolontiary of Her Ihitannic Majesty, for the adjiistmont of the ( lioyon i|nes-
^viii"] Hon, too;et her with a protocol of this proeoodiii;;. I 'snlunit this jiroposal to
the coiisidoiation of the .Senate, and loipiest their ad v ice as to the action w hioli,
.a ilii'ir iiid;;inent, it may ho proper to take in rofeience to it.
Ill iho early periods of the (iovernmeiit, tho (i]iinioii and advice of tin; Soiiate were
"lii'ii laKi'ii in advance upon important i|uestions of our foroi;;n policy, (ioiioral
\\asliiiiuion iepeatedl\ n;-iilted tho Senate, and asked their previous advice njioii
I'liiili;;;; iie;rot lilt ioiis \,i'li i'- 1 ;;i;r:i Powers; and tiie Senate in every instanoo respoiid-
"I III this call hy ;>iviii J tin ii iilvico. to which he always oonformod hi.s action. This
I'liii lice. thou;{h iar«d.\ lo.i.rii'd to in latter times, was. in my iiid;;nient, eminently
^^i-i', and may. on ocoas im-,<i ;;reat iiii|iortam'o, ho properly revived, 'i'he "donate ani
•'I liraiieh of the Tioatv ■ inai ii;;; I'owor : and hy consulting; them in ad v a nee of his own
■I'tiiiii upon iiMpiirlai t ineasnies df t'oioinn policy which inav iiltiinatt ly come heforo
'lllln for lluii ooiisiiliial loll, the riosidoht soi iiros harnioii.v of aotion hotwoon that
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234
NORTHWEST WAYER HOUXDARY ARIUTRATON.
I'-"
Si I
Uody and liimsclf. Tlit; Sciinto are, inorcdvcr, a hrancli of tlio. Avar-iiiakinH: I'dwci-, ainl
it may be finmently ]ir(>]K'i' tor the Kxreiitivi; to take- the oiiiiiioii and advici' of tlur
liody in advance n]ion any ^icat •incsti'On wliicli may involve in its decision the i>siii>
of ]iea(H; or war. On tlie, ]>resent occasion, tlie nnij,vnitnde of the snbject wonld indiui'
nie under any circumstances to desire tiu! jirevicnis advice of the Senate ; and tliat di'-
sire is increasiMl by thc! rciUMit ilel)ates and i»roceedinys in (;'(»nij;ress, Avhicii render it.
in my Judgment, not only respect fnl to tin; Senate, but m;ce.ssary and proper, if m\
inilispensal)le, to insnr(! harmonions action liet\ve(?n that body and the E.\ecnti\'e. In
conferrinjr on the Kxecntive the authority to <;ivc the n<itice for the abroi^ation of tli.'
Convention of lir'*i7, the Senate a<'ted ])nblicly so larj^e a part, that a decision on ili'
l>ropf)sal now made by the liritisli (iovernment, witliont a delinite knowledn(; of th.'
views of that body in I'el'ercnce t(j it, mij;iit I'cnder theqnestion still more comidiciiiiil
and diflicnlt of adjnstment. For these reasons I invite the considei-ation of the Sen-
ate to the projiosal of tlu! iSritish (iovernment lor thi' settlenii'Ut of the Oi'cj^on (|iiiv.
tion, .and .'isk their inlvice on tin; snbject.
My opinions iind my iiction on the Oreji'on <|nestinn wcr(> fully matle known to Vnw-
f^ross in my annual >I(;ssaf;'e of the 2i\ of December last ; and the oi)inions therein cx-
[iressed renniin nnchan<.i;e<l.
Should the. Senate, by the constitutional nnijority re(|nired for the ratilicatioii (it
Treaties, advise the acceptance of this ))roposition, or advise it with such nloditicatillu^
as they nniy, ui»on full delilKsration, deem i>roper. I shall confoi-ni my action to Tlitir
advice. Should the Senate, however, decline, i)y siudi constitntional majority to y;!'..'
such advice, or to (express an opinion on the subject, I shall consider it my duty t'l
reject thc! otter.
I also eommnnicate herewith an extract fioni a disjiatch of the Secretaiy of State to
the Minister of the United States at London, under date of the '^sth of April last,
<lirectin<j him, in accordance with tin; Joint resolution of (Jonj^i'ess " concerning' tlif'
()re;;on Territory," to deliver the notice to tlie JSiitish (Jov(,"nment for the abrojfatinii
of the Convention of the (ith of An.i>nst, 18.i7 ; and also a co]iy of tln^ notice transmittiil
to him for that purpose, together with (extracts from a dispatch of that Minister to th-i
Secretary of State, beariug date ou the 18th dav of Mav last.
JAMES K. POLK.
Wasiiixotox, June 10, 1840.
On the same day the Pro.si<l(Mit"s ]Me.ssag:c was consideretl, and a mo-
tiou that the JMossajio and docinnonts comnuinicated therewith be if
ferred to the Committee on roieij>n llehitions was negatived, as was
also a motion to postpone the fnrtlier consideration thereof until l"»tli
June.
On the two next following days the consideration of the ^Message was
continued, and aii amendment proposing the addition of a proviso to
Article II was moved ; ' but ultimately it was resolved on a division, by
.■>8 votes to 12, that the President should be advi.sed to accept the pro-
posjil of theliritish Oovernment.
Ou l.'Jth fJune ]\[r. I'akenham reported to his (Jovernment as follows:
No. 77.] Wa.siiixotox, June 13, 184i;.
Mv Loitn: In conformity with what I had the honor to atato in my dispatch No. fi'^,
of the 7tli instant, the President sent a Message on Wednesday last to tlie Senate siili-
mittin<{ for the opinion of that body the dranj;lit of a Convention for the sctUi -
[xix] inentof t]ieOre<;on(]nestion, which I was instrncted by your 'Lordship's dispatdi
No. 19, of the 18th of May, to propose for tiie accoptimce of the United State*.
After ^ tew hours' deliberation on each of the three days, Wednesday, Thursday, and
Friday, the Senate, by a nnijority of IH votes to 12, adopted, yesterday eveninfj, a n <-
olutiou advising tlie Prtisident to accept the terms projioscrt by Her Majesty's "liovcin-
rnent. The President did not hesitate to act on tiiis advice, and Mr. Buchanan accord-
inMy sent for me this morning, and informed mo that the conditions ottered by Ih'i
Miljesty's Government were accepted by the (roven.ment of the United States, witlioiit
tlie iihdition or alteration of a single word.
At the beginning of our conversation, Mr. Ihichanan observed to mo that the privilo<;<"
of navigating the Colnmbia River, which, by tlie secmid Article of the C<mvention, !•<
seciHMMrto the Hudson's Bay Company, and to British subjects trading with the same,
Avas understood by the Senate to lie limited to the duration of the license under wliiili
the Companv now carry on their operations in the country west of the Rocky Mount-
ains; to which I replied, that the Article proposed by Her Majesty's iTOveriiment
spoke for itself; that any alteration from the precise wording of that Article whiw
' Appendix No. .'>.
'ON.
SECOND AND DEFINITIVE STATEMENT OF GREAT HKITAIN. 23r>
liikiii;;' I'owcr, ami
iimI mlvico of tlia*
(l(HM.sii)ii tin- i>siio.
))»'ft would iiidnc'
iiatf : and tliiit dc-
I, which render it.
and projier, if ikh
lie Executive. In
ahroi^atiou of tin-
a (h'cisiou on lli'
iciiowiedii'e of t!i"
more <'oinidi<'atiil
ijition of the Sii!-
f the Orej^on (|iir'<-
ide known to I'oi;-
pinions tiierein r\-
tht> ratilieation ut
suuh niodilieatiiiiN
:ny action to tlicii
il majority to jiiv.'
ider it my dnry ti
eeretary of State r.t
2^th of April la<t.
w " conceruinj;' tli-
, for the alu'o;j;Mtinn
1 notice transmittc'l
that Muiister to tlw
AMES K. rOEK.
lered, and a mo
herewith be if
'gativetl, as was
lereof until l-")tl>
;he Message was
of a proviso to
m a division,!)}
aeeept the ino-
incut as follows:
ox, June 13, 1^4(1.
my dispatch No. t\-'.
t to the Senate siili-
ntion for the settlf-
Lordshii)'s dispatch
the United States,
iday, Thursday, and
•day evening, a ri'<-
r Majesty's tJovcni-
Buclianan acconl-
ons ottered by Hir
ted States, wltliDiit
e that the privilo^
the Convention, !•<
ding with the same,
iceiise under wliidi
' the Uocky Mount-
jesty's <;}overiuiient
that Article wliit''!
•lie United States Government niij^dit wi.sh to introduce wo)ild involve the necessity of
;[ reference to Enj^laiul, and ef)nse(iuently, to say the least of it, souu' delay in the trr-
ii.i.iaviou of the business. This, he seemed to think, under all tin; circumstances of the
• i,se, had better bi- avoided, and it was linally ajjreed that fair cop.es of the C(Miven-
on sliould be jirepared, and the si,<;natnrc take jdace on Monday next.'
On Tuesday, probably, the Convention will bo submitted to the Senate , ^vhere its
qiproval may now be considered as a matter of course, so that the Treaty, with tlit?
resident's ratilieation, may be. forwarded to Eiij;land by the (Jrcat Western steam-
packet, appointed to sail from New ^'ork on the'^otji of this month.
I Iiave, Ac,
K. J'AKEXIIAM.
Oil ]()th June a further ^lessage was sent by the I'resident to the
Senate, statinjr that, in aeeordanee with the resobition of the Senate, a
Convention was eon(;hided and sijuned on l.")th June, and that Conven-
tion lie then laid before the Senate for their (.'onsideration, Avith a view
ro its ratitieation.
On the same day and the two next followino- days the ^Message was
Iii'tbre the Senate. Mv. iJenton's speech was made on the 18th. Ulti-
mately, on a division, by a majority of 41 votes to 14, it was resolved that
tli(^ Senate advised and eonsented to the ratification of the Treaty.
-Mr. Pakenham then further rei)orted as follows :
No. Til.] W.\siii\(;t(»x, ./(/«(■ ■2:5, l.~4i;.
.Mv Loiii): I have the honor herewith to transmit a Convention for the settlement
"ftbe Oreu'on I'oundary, which was sioiiod by the I'nited States Secretary of State and
myself, on Monday, the ir)th of this month. The tcsrms of this (.'(>uventi(ui, it will 1)e
M'cii, are in the strictest conformit.y with your liOrdshiii's late instructions.
Oil Tuesday, the Kith, the Convention was communicated to the .Senate, and on
Tiiiirsday, the IHth, it received the approval of that body by a vote of 41 to 11.
The American eounteriiart of the (Jonvention, with the I'resideut's ratilieation of it,
;s forwarded to London liy a s))ecial messengi'r, to whose eare, witli ^Ir. ISuehaiiiin'.s
lii'iniission, I commit this ju'esent dispatch.
I Iiave, Ac,
R. TAKENIIAM.
Lord Aberdeen's dispatch, in answer to Mr. I'akenhanrs of l.'Uh June,,
was as follows. It is the document which juoves that Mr. MacLane had
seen the project of the Treaty :
[xx] *No. :]0.] FoKKKiX OiM-iCK, Jidie ±), 1840.— 7'. *'. ./»/// 1, 1840.
Sii! : Her ^la.jesty's Government have received this day, with the jjjreatest
satisfaction, your dispatch No. 77, of the i:>th instant, in wliich you announce the ac-
I'litaiict; by the Senate of the dran<rht of Treaty tor the settlement of the Oregon (pies-
iion. wliich was conveyed to you in my disi)atch No. 1!*, of tiie 18th of May, and also
tilt! intention of the President to ))roceed forthwith to the completion of the proposed
Convention.
In your dispatch yon state that Mr. Ibichanan had observed to you that the )>rivi-
lff;c of navigating the Columbia liiver, wliich, by the second Article of the C<uivention,
is secured to the llndsem's ]?ay Comjiany, and to IJritish subjects trading with the
>aiiie, was understood by the Senate to be limited ti> the duration of tiie license nude!'
whicli the Compan.v now carry on their operations in the country west of the Rocky
Mountains; to winch observation yon very properly replied that the Article i)ropo8ed
li.v Her Majesty's (Jovernment spoke for itself.
Xotliing, in ia(!t, ean well be clearer thai, the language of that Article. In drawing
it lip I had not the smallest intention of restricting the British right to navigate the
L'nliiiiilda in the manner supposed, nor ean 1 comprehend how such a supposition could
liiive been entertained by the Senate, for I have reason to know that Mr. MacLane '"ully
iiiiil faitiifully reported to hi,. (Jovernment all that |>assed between himself and nu>
lespecting the navigation of the Ccdumbia. In ever.v conversation that we held oiv
tin; subject of tins proposed Treaty, I not only declared to Mr. MacLane that we must
insist on the permanent right be'iig secured to us to navigate the Columbia, but I
'Veil (showed him the project of the Treaty, and, on bis expressing an apprehension
tli.it till! provision contained in the secctnd Article would not be accei)te«i unles.s the
rijiht of navigation wen; limited to a term of years, i positively declined to acce<le ttt
this suggestion.
' Appendix No. .'i.
T^
236
NORTHWEST WATER BOUNDARV ARBITRATION.
I thiuk it rif^lit to stato tliese facts, in ordtii' to oJ»viiite any iiii.sajuwt^litMiNioii which
might posNilily lierealter be raised on tlie coiistiuctioii of tliu Hetoiid Article of tin;
Oregon Treaty.
I am, &.C.,
ABERI)K1;n.
P. S. July 1. — SiiKte writing tliis dispatch I have Iield a ooiiversatioii with Mr. Mm-
liane, in whicli ho lias fieeiy and fnlly contirnied all tliat 1 liave stated above witli
reference to his own understanding of the intent of the second i^rticle of the Orcj^ini
Treaty. A.
Two subsequent dispatches of IMr. Pakenhain to Viscount Palmer-
stou (who had succeeded Lord Aberdeen as Her Majesty's riincipal Sec-
retary of State for Foreign Affairs) are as follows :
No. 100.] W.vsnixcjTON, Jttly 2[), 1-40.
Mv Lokd: Owing tii one of those irregnlarities which are not unfreqnently witnessiMl
in this country, the President's Message to the Senate, snbnutting, for the advice and
opinion of that body, the proposition lately made by Her Majesty's Government fortlu'
settlement of the Oregon Question, and various other papers connected with that
transaction, have found their way into the public paj)er8, notwithstanding that the
injunction of sticrecy has not yet been removed.
Amongst other papers thus published, the collection of which I have the honor to
inclose,' will be found a di'^patch from Mr. MacLane to his Government, reportiii};
what had pasa<al between the Earl of Aberdeen and himself with rel.ation to the i)r()i)()-
sitiou which Lord Aberdeen was about to make to this Government, for the partition
of the Oregon Territory.
It would appear from this dispatch that Mr. MacLane had no expectation that the
terms proposed by Her Majesty's Government would be accepted here; that he dia-
cour.aged any such exp'ictation on the part of Her Majesty's Government, cousideiinu'
as "erroneous" an iminession, which he found had been produced in England, " tlwt
the Seuato would accept the proposition now olfered, at least without any material
modification, and that the President would not take the responsibility of rej(!criii<; it
without consulting the Senate ;" and, tinally, that he gave it as his opinion to tin^
American Government that the oti'er then made was not submitttid as an " ultimatuin,"
nor intended .as such; in f-hort, that some modilication of its terms would, without uiuci;
difticidty, be acceded to by England.
£xxi] *lt is most providential, my Lord, that Mr. MacLane's suggestions did not suc-
ceed, either in England, in deterring Lord Aberdeen from niakiug his otter, ac-
cording to his origiual inteution, or luire, in inducing the American Government to
stand out for some nu)dificatiou of that offer when it was made ; for, in either case, all
would have been spoiled.
The President's Message, transnutting the proposition of Her Majesty's Govorniiipnt
for the consideration of the Senate, is very guarded — upon the whole, rather deprecat-
ing than encouraging the acceptance of the olfer; but in this course the President ran
no risk and incurred no responsibility whatever, for every one in Washington, at all
acquainted with the disposition of the Senate, knew that such a proposition would be
accepted by that body, by a large nuijority.
I have, «&c.,
R. PAKENHAM.
No. 10(5.] W'AsijixdTON, AiKjHst i;{, If'M).
Mv L()iii» : The injunction ot secieey having 1 cen removed l)y a resolution of the
Senate, I have the honor herewith to transmit three numbers of the Union, ollicial
newspaper, containing, in an authentic form, (Unionof 7th August,) the papers relative
to the conclusion of the Oregon negotiation which I had the honor to transmit in an
unauthorized form with my dispatch No. 100, and also ( Unions of 8th and 10th August )
two Messages from the President to the Senate, the lirst comnuinicating for api)roval
the Treaty signed here on the l.'ith of June, the second communicating documents not
before conununicated to the Semite relative to the Oregon Territory, in answer to a
resolution of the Senate of the 17th June last.
Among the papers thus nuule public, the one which I should most particnlarly nconi-
inend to your Lordship's attention, is a dispatch from Mr. Ihichanau to Mr. MacKane,
dated the I'ith of July, 1845, (Union of 8th August,) setting forth the terms on which
the President was willing, at that time, to settle the Oregon question, but evidently
with little or no expectation that those terms would be accepted by Great Britain, I
might almost say with au expectation sciarcely concealed that they would be rejected,
' There was inclosed iu the dispatch a copy of the Baltimore Sun newspaper of 2Ud
July, 1846.
SECOND AND DEFINITIVE STATEMENT OF GKEAT HRITAIN. 237
ABERDKKN,
(vlion, to use Mr. Bncbanan's own words, the President would "be relieved from the
cinbarrassnient in which he has been involved by the acta, offers, and declarations of
Ills predecessors," and be Justified in goinj? to war for the whobi territory.
The remarkable tliin<j in this dispatch is tlie c()nlidence which it betrays that, in the
course wliich the I'residenthad made up his mind to follow with reference to the Orejfon
i|iiostion, he would receive the conntcnanceiindsnpi>ort of the Senate and the country,
iveii to the extremity of a war witli Enj^land. The result has shown that, in this ex-
]i('etation, he did not do justice cither to the wisdom and intej;rity of the Senate, or to
the intellijjcncc and good sense of tlu; American jieople.
Within a few days after the opening of the late session of Congress it bec.nme evident
tluit ^Ir. Polk's policy respecting Oreg(.n was vieweil with no favor by a large majority
(if the Senate, nor was the war cry raised by the more ardent partisans of thcAdminis-
tiiition responded to in any part of the country.
In process of time this conclusion forced itself on the mind of the President and liis
adsisers, and hence j'our Lordship will find in the ulterior dis])atclies of ilr. IJnchanan
to Mr. MacLano a far more moderate and subdued tone, until at last they exhibit a
positive and conciliatory desire to settle the r|iie.sLion by conipi'omise, the title of the
I'liited States to " the whole of Oregon" having a]>parently been forgotten.
If further proof were wanted of the anxiety of this Government to be extricated from
the mistaken position in wliieh they had placed themselves, it would be found in the
alacrity in which the terms last proposed by Her Majesty's Government for the settle-
ineiit of the controversy were accepted.
Sntlicient time has now elapsed since the promulgation of the Treaty to enable us to
judge of the light in which the transaction has Ix-en viewed throngiiout tluM'ountry,
anil it is gratifying to say that it has been every wliere received with satisfaction and
applause.
No evidence whatever of a contrary feeling has come within my observation, except
it be among the disappointed advocates of a war policy, wlio had staked tlu'ir jiolitical
I'ortune upon the adoption of extreme measures, and even in these (juarters, I a>n
linmid in truth to say that tlie irritation is rather against the President and his minis-
ters for having, as they say, deceived and betrayed them, than froui any express con--
deinnation of the Treaty itself.
I have, He,
R. PAKENMAM.
;. PAKENIIAM.
lewspaper of 23(1
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xxvii]*MEMOKANDLM RELATIVE TO THE ORIGIN AM) PRIVI-
LEGES OF THE HUDSON'S RAY COMPAiNY.'
Ill lOW), certain Jlritish subjects tunned tlieinselves into Ji Company,
lot' tlie purpose of undcrtakinj; an expedition to Hudson's Bay.
The object of this exptidition was twofohl :
1. To discover a passajje throu<jh those parts to the Pacific Ocean, or,
;is it was then oftener called, the South Sea ; and.
L'. To establish a trade in furs, minerals, and other thin;is.
For the encourajfeinent of this enterprise a Itoyal ('barter was
;:Taiited to the (Jompany on tin; I'd ."Vray, !(><)!>. lly the terms of this
Charter, the Company obtained a Uoyal (Irant of llu; sole trade and
coinnierce of all the seas, straits, bays, rivers, lakes, ci'eeks, and
<ounds, in whatsoever latitude they should be, lyinj;' within the straits
coiiHiionly called Hudson's Straits, toji'ether with all the lands and
imitories upon the countries, coasts, and con lines of the seas, bays,
lakes, &C., aforesaid, that were uot already actually itossessed by the
subjects of any other Christian Prince or State. The territory thus
iKMjuired was to be thenceforth reckoned and rei)uted as one of the
British Plautations or Colonies in America, to be called Jiiipert's Land.
For uearly a century after the formation of the Company, they con-
liiKHl their posts to the ami)le lerritoiy which had been «;rauted to them
by the Charter of Charles II, and left the task of procurin<>' furs to the
I'literprise of native hunters, who brought the i»rodiice of their hunting
to the established nuirts of the Company.
The Company contiiuied to enjoy, until 17S4, the numopoly of the
trade in these territories, when a rival Company was established, called
the North-West Company, which had their head-cpuirters at ^Montreal.
The North- West Comi)any, instead of following the system of trade
adopted by the Hudson's J>ay Company, dispatched their servants into
tl e very recesses of the wilderness to bargain with the native hunters
at their homes. As the nearer hunting-grounds became exhausted, the
Xorth-West Comi)any advanced their stations westwardly into regions
previously unexplored ; and, in 180(1, they pushed forward a post across
the llocky 3Iouutains, and formed a trading establisluni'ut on a lake,
now called Eraser's Lake, situated in 54° north latitude*. This would
appear to be the lirst settlement made by civilized men west of the
Ivocky Mountains.
Other posts were soon after formed amongst the Flat-head and Koo-
t.'uiie tribes on the head-waters or main branch of i he Colundna; and
Mr. David Thomson, the astronomer of the North-West Comi)any, de-
scended with a party to the mouth of the Columbia in 1811. Mr.
Thomson and his followers were, according to Mr. Greenhow, the tirst
white persons who navigated the northern branch of the Columbia, or
traversed any part of the country drained by it.
|xxviiij *Iu consequence of the rivalry existing between the Hudson's
16 D
' Referred to in the Stateuient, j)nge 2, note
242
NOIM'IIWEST WATER IIOUXDARY ARIWTKATIOX.
IJiiy iind Noith-Wt'st Coriipanics, which h'd to tVoiiU'iit (•(nilliit>
botw«'(Mi their respective f()n()\v<'rs, more i)articuhuly witli reference to
certiiiii NcttU'ineiit.s loniied in the Orej^oii district by Lord Selkirk, (In.
jvll'airs of the (Iniiipanies were broii}>ht to the notice of riirliiiinent in
1810, and their proceedin,'?s were minutely investijXHted. The ({ovcrn.
nient finally interposed its mediation, and a compromise was enectcil.
by which the XorthAVest ('omiKUiy became merj^ed in the Hudson's
J>ay (.'ompany. SubsiMpiently, and in connection with this arranficiiicnt.
an "Act ior regulating- the fur-trade an«l establishiu}; a (uiminal :iim|
civil Jurisdiction in certain parts of North America" was passed in I'm-
liament,' (iontainiuf;- every i»rovisiou re(piire«l to ftive stability to the
Hudson's ]>ay Company, anil elliicieiujy to its operations.
By this act, which was passed in ISi'l, the Courts of Ju«licatuio di
Upi>er Canada were empowered to take cogui/ance of all causes, «ivil
or criuunal, arisinj;in any of the above-nuMitioned territories, including
those previously granted to the lIu<lson\s I>ay Company, and in "otlui
])arts of Ameri(;a not within the limits of either of the provinces of
Upper or Lower Canada, or of anv civil (Jovernment of the Unltcil
States."
Shortly before the passing of this act, the Iliulson's JJay and Xortii
West Comi)anies were united ; ami, on the (Uh Decendjer, 1821, a grain
was nuule by the Jving to the Company "of the exclusive trade witli
the Indians of North America."
JJy this grant the otljcers in the service of the Company were coai
missioned as Justices of the Peace for those countries ; ami the juiis-
diction of the Courts of Ui)per Canada was rendered etlective as far as
the shores of the I'acific, the only exception made in that respect boiiii;
with regard to any territory embraced in the grant, situated " within
the limits of any civil CJovernment of the United States." This grant
was made for twenty-one years, but before the termination of that
period a further grant was received from the Crown by the Company.
In the grant of 1821 the following reservations were made in favor of
the rights of the Crown, and also of those of subjects of foreign States:
15iit we do hereby doclavo that nothiiij;' in this oviv grant contained shall bo deointd
or construed to authorize tlio said (iovevuor and Company, or their succcissors, or .iiiy
])('rsoji8 in their employ, to chiim or exercise any trade with the Indians on tlic north
west coast of America, to tlio westward of the Stony Mountains, to tiie prcjndiee or
exclusion of any of the subjects of any forei<j;u States who, under or by the forcft nl
any Convention for the time being between >is and such ibreigii States respectivelv.
may bo entitled to or shall be engaged in the same trade. Provided, nevertheless, ami
we do hereby declare our pleasure to be, that nothing herein contained shall extend
or be construed to ]trevent the establishment by us, our heirs or successors, -withiii tlir
territories aforesaid, or any of them, of any colony or colonies, province or provinces,
or from annexing any part of the aforesaid territories to any existing colony or Odlo-
uies to us in right of our Imperial Crown belonging, or for constituting any such foim
of civil government, as to us may seem meet, within any such colony or colonies in
provinces.
Such were the provisions made by the British Government for the
proper government of the territories situated beyond the Kocky Mount
ains and on the coasts of the I'acific Ocean. The successful result ul
these measures for extending the trade of the Hudson's Bay Company.
and for forming settlements in these territories by Great Britain, is
given in the following extract from Mr. Greenhow's History of Oregon
and California, in which he says, (page 344:)
The relative positions of the two parties (Great Britnin and the United States) m to
the occupancy and actual possession of the countries iu question had been materially
' Act 1 and 2 Geo. IV, cap. 66 ; July 2, 1H21.
SKCONJ) AM) DEFINITIVE STATEMENT OE (lUEAT mjITAIX. '-'4.'?
s." This Kiiiiit
cliiiiijicd .sincotlifcmioliiHioiiot' tlu' I'ormciC'onvcntioiiC l"'lH)lMt\vi't'M tlinn, 'I'lio
[xxix] (HI ion (if Mi(^ rival Miitis'! Ciiiii|ianit'H, 'and tli*; cxttMisidiKil'lJirjiiiisilictioiHit' Mio
Courts of UpiiiT Caiiatla ovci tlir tt'iritorif.s west of tlm K'ocky Moniitaiiis, had
iilrcady jnovt'd iiioHt.iidvaiita;;tMiiis to Mm- I liidsoii's Hay (.'oiiii»an.\-, wiiitli had at tlir saiiio
iiiii<'n'ccivfdtht']iiivil»';;('of trading in that coimtiy, totho exclusion of a Hot Ik r Uritisli
milijcct.s. (in-at flVorts were niad(^aiid vast cxitfuscs wcrti iticuiTcd by thisC'oiiipany in
jtH rll'oi'ts to found scttlt'Uit'iits on tin; Colnniliiii KivtT, and to aciiniro inllucnri> ovcc
tlir natives of tin; surronndinj;; country ; and so successful havelieen tlwisi^ elforts that
lli(! citi/eus of the United States were ol»li;;t'd not only to icnonnce all ideas of i<'ne\v-
\\\>i their estahlishuients in that; jtait of America, hut even to withdraw their vessels
IVoin its (M)asts. Indeed, for more, than ten yc^ars after tho eaptiire of Astoria l>y the
Hritish, scarcely a sinjfle Ameiiean citizen was to ho seen in those countries. Tradiu;^'
(•x|H'(litiims were sniise((Uently mado from Missouri to the head waters of the I'latte
iiiul tho ('oloradt), within the limits of California, aixl one or two hundred hunters intl
tnippers from the United States were fjenerally i'oviu;r tliron^rli that rejuioii ; but ,ho
Americans had no Settlenitjut of any kind, and their (i(»vtinmt.'nt exercised no, juris-
diction whatsoever west of tho Ifocky Mountains.
Under su'h favorable circumstances, the JIudsons l^iy ('onii»any could not fail to
prosper. Its resoitrct;s were no loiif^er wasted in disi>ntes w itli rivals; its operations
wore conducti'd with disjiatish and certainty; its jtosts were extended, ami its means
(if conununication were increased, under th»^ assuranc(i that the h. .nor of the IJritish
(iovcrnnu'ut and nation were, tluui-by more stidnyly interested in its behalf. Tho
Mijeiits of the ('(uupany were seen in every part of the; Cout incut — noith and northwest
tit' the United States and C-'anada, from tho Atlantic to tho I'acilic — huntinj;, trai>pinj;,
and tradinij with tho aboriji;ines. Its boats wero mot on every stream ami lake, con-
voying; British floods into the interior, or furs to the jjreat depositories on each ocean,
tosliii) to England in Uritisli vessels; and the utmost ordei and re<;ularity wero niain-
tain('<l throughout by the sui»romacy of Ihitish laws. Of tho tradiny-jiosts many wero
tbrtilied, anti could ho defended by their innuites — men inured to hardshi[)s and dan-
glers — apvinst all attacks which miyht bo ni)i)reheudcd ; and tho whole vast expan.so
(if territory above described, including; tho re>fions drained by the Columbia, was, in
tact, occupied by Uritisli forces and fjovevued by Uritisli law.s, thou<;li then; w as not i\
jiiiiglo Uritish soldier, technically speakiu}?, within its limits.
The Hndson's Bay Coiiipauy possessed, in 1844, tv.enty-two forts or
establishments west of the llocliy ^Mountains, of which several were
situated on tho coasts.
On the Kiver Colnmbia were Fort Vanconver, Fort AValla-walhi, Fort
Okinagan, Fort Colville; on tho River Saptin or Lewis, a branch of the
Columbia, were Fort Boise and Fort Hall.
To the sontli of the Colnmbia Itiver were Fort George, which occnpied
the site of the former settlement of Astoria, and Fort Umqna, near the
mouth of the Umqua lliver, which enters the Tacitic about one hundred
and eighty miles south of the Columbia.
At Puget Sound was Fort Nasqually, near Avhich iilace also the Com-
pany had a large agricultural establishment.
At the entrance of Fraser's Eiver was Fort Langley , and further north
were Fort Alexandria, and Fort McLaughlin on the coast.
In 1849, a grant of Vancouver's Island was made to the Company by
the Crown, but, in 1851), the island was resumed hy the Crown and was
made a Colony.
In 18G8, the Company surrendered their remaining territorial rights
to the Crown, and the territory over which those rights extended, under
the title of Rupert's Land, was subsequently admitted into and became
part of the Dominion of Canada.
[xxxiiij
•APFKNDIX
No. 1.
KXTI.'ACT SIloWlNd VIKWS OK KARL OK AIU;M)KKN AN1» Sllf I.MCllAK'li
I'AKKMIAM.
//0)v/ Jiilin L'iis.srll to Lord Liions, 2ifh AtiffiiNf, l.S.I!); yeail, anti ntjnj
jfintt, to United tStateti Swn'tufy of IState.
[Kxtiiict.]
I have to stutc to you that tlie Earl ol' AbordccMi, to whoiii 1 liuvo
icl'eri'od, iiiforius mo that he distiiuitly n'lnciiibt'rs the {general tenor ot
liis (ionvei.satious with .Mr. IMacLane on the subject of the Orej^on
Jjoundary, aud is certain that it was the intention of the Treaty t(i
adopt the mid-channel of the Straits as tlui line of demarkation, witliom
reference to islands, the ])osition, and, indeed, the very existence di
which had hardly at that time been accurately ascertainetl; and he li;i^
no recollection of anj' mention having been .nade, during the discussion,
of the Caiud do liaro. or, in«k"!d, iiny other channel than those describeil
in the Treaty itself.
I also inclose a iVremorandum drawn up by Sir Ifichard I'akenliain,
the negotiator of the Treaty of 184(J.
[liirlosnir in lorefjoiiig diMpiilcli.]
^k^mo^^andltm hy Sir I>. rahiihani on Ihv Water lioumhoji uiitUr flu Orajoii Tnaty of l'^4(i.
I liiivo ex!imiiu'<l tlio i)iipeis i)ut into my hand by Jlr. irainniond, roliitinjj to tin
line t)f lionndary to lie cstiiblislied between the tJiitish aud United States iiossession^
on ilie northwest eonst of Anieiiea, and I have endeavored to eall to mind any eirciiin-
Htanee which might have occurred at the time Avlien the Oregon Treaty was eoncliiikd,
(June 15, 184(),) of a nature eitner to strenj^then or to invalidate the ])reteiision now
))nt forward by the United States Commissioner to the elfect that the boundary con-
tenii>lat<'d by the Treaty would be a lino passing down the middle of the ehaiiml,
called Canal do Jtaro, and uot, as suggested on the part of («reat Britain, alonjj; tin
middhj of the channel called ^'ancouver's or Eosario Strait, neither of which two \\w>
would, iis I humbly conceive, exactly fuliill the conditions of the Treaty, wliicli.
according to their literal tenor, would re(|uire the line to be traced along the iiiiddli
of the channel (nuianing, I presume, the Avhole intervening space) which separates tin
Continent from Vancouver's Island. And I think I can hufdy assert that the Treaty
of June 15, 184(i, was signed and ratihed without any intimation to us whatever on
the jiart of the United States Government as to the jmrticular direction to be given to
the line of bount'ary contemplated by Article I of that Treaty.
All that we knew about it was that it was to run " through the middle of the elianiul
which separates the Continent from Vancouver's Island, and thence southerly throiigli
the middle of the said channel aud of Fuca's Straits to the Pacilic Ocean."
It is true that, in a dispatch from Mr. MacLane, then United States Minister in hoii-
don, to the American Secretary of State, Mr. Buchanau, dated ItitU May, 184(), wliiili
dispatch was not, however, made public until after the ratitication of the Treaty liy
the Senate, Mr. MacLaue informs his Government that the line of boundary about td
be proposed by Her Majesty's Goverumeut would " ijrobably be substantially to divide
iH SIK KI(IIAi;i)
; read, ami (vjdj
SKCONM ANIt DKl'IMTIVi: STATKMKNT ol' HUKAT lUlITAIN. •?45
thi territory liy tlio <'xtfiisi(tii of tin- lino on tlif imriili4'l of l!) to th<» hcu ; tliiit Ih to
•ay. to tlui linn of tin* avn c iillcd Hirili's Hay, tlicncc l»y tlif Canjil «lc llaro ami Sfraitw
,ir Fncii t(» thf occai..'
It is uIho tiii<« tliat Mr. Senator Itcnton, oni> of tlio ablest nn*l moHt /.oalons advocatoH
iditiio ratilication of tiic Treaty, (rtlyin};, no douht, on tin- Htatcn.cnt furnislwd liy Mr.
Miu'IiUnc,) (lid, in ii Npci'di on the snbji'ct, dcwribo tlio intendtnl liin' of lionnditry to
III! one paHMin^ alon^ the middle of the llaro C'hanmd.
Hat, on the other hand, the Karl of Aberdeen, in his linal inHtructioiiH, dat<'d May 1^,
l-4(i, HayH nothing whatever ubonfc the Canal thi llaro; bnt, on the contrary, dewlrow
iliiit the line nujrlit be drawn " in a Nontlierly direction thronfjli tho conter of Kinj;
(IcnrKe'M Hound and the Strait.s of I'nea to tho I'acilic Ocean."
It is my belief that neither Lord Aberdettn, nor Mr. MacLano.iior Mr. Biicbanan, pos-
ii'sued at that time UHutllcientlyaccnrate know led j^e of the^eography or hydrography of
tho rejrioj) in i|nestion to enable them to delino more nccMirately what waH tho
[.\xxiv] intended line of bonndary than is expr»>Hsed in "the words of the Treaty, and
it is certiiin that Mr. Itnchanan wijjned the Treaty with Mr. MacLant;'H di8-
piitcli before him, and yet that he nnide no mention whatever of the *' t!anal do llaro
iHtliat thron^rh which the line of boundary Nlioidd run, uh undurstood by the United
States (lovernment."
My own disiiatches of that jieriod contain no observation whatever of a tendency
(oiitrary to what I thus state from memory, and they tlierefore ho far plead in favor of
tim accuracy of my recollections.
No. 2.
I those (Icscribed
liU'd Pakoiiliaiii,
iryoii Tnaty of ISM'k
COKUKSroN'DENCE BimVKKN MH. lUNCROFT AND MH. I'.UC'HANAN.
Mr. Bancroft to Mr. Jhiehanan.^
London, Xorcmher 3, 18iG.
Sir: * * * * * • * *
Wliile iu the Navy Departmetit I caused a traced copy of Wilkes's chart
of the Straits of llaro to be made. If not needed in the Navy Depart-
ment, I request that the President will direct it to be sent to this Lega-
tion. It is intimated to me that questions may arise with regard to the
islands east of that Strait, I ask your authority to meet any such claim
at the threshold by the assertion of the central channel of the Straits of
Haro as the main channel intended by the recent Treaty of Washington.
Some of the islands 1 am well informed are of value.
Very respectfully, &c.,
UEOKGK BANCKOFT.
rion. James Buchanan,
/Secretary of imitate.
Mr. linvhaiian to Mr. Bancroft.^
Dei'Art-aient of State,
Washington, December 28, 1840.
Sir: I have obtained from the Navy Department, and now transmit
to you, in accordance with tiie request contained in your dispatch No. 1,
{November 3,) the traced copy of Wilkes's cbart of the Straits of Haro.
This will enable you to act understandingly upon any question which
may hereafter arise between the two Governments in respect 'O the sov-
ereignty of the islands situate between the Continent nnd Vancouver's
Island. It is not probable, however, that any claim of this character
' As oUrtcially printed in the United St.ates.
246
NORTHWEST WATER BOUNDARY ARBITRATION.
will be seriously prelerred on the part of Iler Eritauiiic Majesty's (Jov-
erument to any island lying to the eastward of the Canal of Arm, as
marked in (captain Wilkes's Map of the Oregon Territory. This, I have
no doubt, is the channel which Lord Aberdeen had in view when, in a
conversation with Mr MacLane about the middle of May last, on tlio
subject of tlie resumption of the negotiation for an amicable settlement
of the Oregon question, his Lordship explained the character of the [)roi)-
osition he intended to submit through Mr. Pakenhani. As understood
by Mr. IMacLane, and by him communicated to this Department in liis
dispatch of the 18th of the same month, it was : " First, to divide the
territory by the extension of the line on the parallel of 49° to the sea :
that is to say, to the arm of the sea called IJirch's Bay, thence by tlic
Canal (k Haro and Straits of Fuca to the ocean," &C.
1 am, &:c.,
Geor(;e Dancuoet, Esq., tic, (fc., ilc.
[Inclosnre : Chart of the Strnits of Juan de Fuca, Puget Sound, i^c,
]5y the United States Ex. Ex., l.S 41. 1
jA]\iEs BucI^A^A^.
yo. .;.
].ETTERS OF MK'. CRAJIl'TON SHOWIX(i .Ml.'. lU'CIIANAN'S OPINIONS.
Mr. Crampton to Viseonnt Palmer sion.
Xo. L*. I
AVasiiington, 'January L'i, l.StS.
]\Iy Lord: On the receipt of your Lordship's dispatch ISo. 21, of tlic
17th ultimo, by which I am instructed to comiuunicate with the United
States Government with a view to the adoption of early measures for
Isiying down such parts of the line of boundary between the British and
United States territory in North America, described in the Convention
of the loth June, 184G, as the two Governments may, upon mutual con
sulfation, deem it advisable to determine, I waited upon Mr. Buchanan
for the purpose of putting him in i)ossession of the views of Uer Maj-
esty's Government upon the subject.
After having read to him your Lordship's dispatch, together withtlio
draught of instructions to the two Commissioners to be appointed in case
the views of Her Majesty's Government were coincided in by the (iov
ernment of the United States, 1 proceeded to inquire of Mr. Buchanan
whether the manner suggested by your Lordship of bringing the matter
under the consideration of the President of the United States, by read-
ing to him your Lordship's dispatch and presenting to him a co]>y of the
proposed draught of instructions, would be admissible,
[xxxv I *To this course Mr. Buchanan objected, as being informal, and
contrary to the practice of the United States Government, which
coincided, he added, in that respect, with that of the Government ot
Great Britain, and lie requested me, in case your Lordship's instiuc
tions did not preclude me from so doing, to conununicate to him in writ
ing the present proposal of IJer Majesty's Government, together with
the considerations upon which it is founded, as explained in your Lord
ship's dispatch. He might otherwise, he said, lind it ditJicult to convey
to the President and to his colleagues in the Cabinet as clear an expo
sition as he could wish of the views of Her Majesty's Government upon
SECOND AND DEFINITIVE STATEMENT OF GREAT BRITAIN. 247
the subject, adding that these appeared to liiiu to be so fair and unob-
jectionable that he coukl conceive no possible case in which any incon-
veuience to either Government would result from an unreserved com-
munication of them in writing.
I trust that your LordJiip will not disapprove of my having, under
these circumstances, so far departed from the coui'se pointed out by
yonr Lordship's instructions as to comply with Mv. Uuchauairs request
by addressing to him the note of which I have the honor to inclose a
copy, and in which 1 have embodied the substance of your Lordship's
dispatch.
With respecttotheexi)ediency of laying down that part of the bound-
ary line suggested by your Lordship's dis[)atch, Mr. Buchanan said
thiit he coincided in opinion with Her ^liijesty's Government, but he
added that it was his own " impression," although he had not examined
the subject with sutlicient attention to enable him yet to say that it was
liis ''opinion," that it would be desirable to go further, and to proceed
to mark out on the ground, without unnecessary delay, the boundary
line from the point where the forty-ninth jKirallel of latitude meets the
shore of the (Julf of Georgia, eastward to where it striices the Columbia
li'ivor, (the portions for which an estimate is made in the third section
(if Colonel Estcourt's Memorandum,) and this appeared to him to be ad-
visable from the reports he had lately received of the rapid manner in
which colonists from the United States are spreading in that direction.
Speaking of the word " channel," as em])loyed in the Convention of
.Iiiiic, 18I(>, ]Mr. ]»uchaimn said that he himself, and he presumed Mr.
I'akenhani, in lu'gotiating and signing that Convention, had always con-
ceived " (ihannel " to mean the " main navigable (diannel," wherever sit-
uated, but he admitted that he had never himself examined, nor did he
(vou recollect ever to have seen, Vancouver's chart ; and although he
did not seeui prepared to contest the probability of the channel marked
with soundings by Vancouver in that chart being, in fact, "the main
navigable channel," he evidently hesitated to adopt that opinion with-
out further geographical evidence, throwing out a suggestion that it
would perha[)s be better that such instructions should be given to the
naval otHcers to be employed as Joint Commissioners, as would enable
them both to determine which of the channels was, in fact, the main
navigable channel, and to mark the boundary down the middle of that
cliannel so soon as ascertained.
The subject, Mr. Buchanan assured me, should receive the immediate
attention of the United States Government, with every disposition to
avoid delay or diflBculty in the ac(!ompUshment of an object which he
felt to be extremely desirable for both Governments.
I have, &c.,
JOHN r. CKA:MrT()N.
Mr. Craiiipton to M>\ Murcy.
Wasiiing'J'on, February !►, IS.jO.
8iii: I have been instructed by Her Majesty's Government to call the
serious attention of the Government of the United States to the unsat-
isfactory and hazardous state of things which continues to exist on the
lioundary vhich divides the Territory of Washington from the British
Possessions occupied by the Hudson's Bay Company ; and Her Majesty's
Government direct me to express their regret that their repeated re-
■w
*l
n
248
NORTHWEST WATKR BOUNDARY ARBITRATION.
monstrjuicGH have not led to any measures which seem to have suo
ceecled in restraininj^ the acts of the authorities of that Territory.
I h.avc silrendy had the honor of addressing your Department (in a
note to Mr. Hunter on the 27th July last) respecting the depredati us
upon the jiroperty of the Hudson's Bay Company oii the Island of San
Juan, by Mr. Ellis Barnes, Sheriif of Watcom County, of the Territory
of Washington, in virtue of an alleged claim for taxes 'due to the autlior-
ities of the Territory ; and I have now the honor to inclose the copy of
a further letter from the Governor of the Hudson's Bay Company, to-
gether with its accompanying documents, in regard to the same matter,
from which it appears that no reparation whatever has been made to
the Company for the very heavy losses which they incurred on that
occasion.
You will at once perceive. Sir, that the occurrence in question Las
arisen out of the conHicting claims of the .authorities of Vancouver's
Island and of Washington Territory to the jurisdiction of the Island of
San Juan, as appertaining, under the provisions of the Treaty between
Great Britain and the United States of 1840, to the dominions of tlieii
respective Governments.
San Juan is one of the small islands lying in the Gulf of Georgia, be-
tween Vancouver's Island and the main-land ; and the question wliiiU
has arisen between the parties regards the position of the channel
through the middle of which, by the provision of the Treaty of 1840, the
boundary line is to be run.
In the early part of the year 1848, 1 had the honor, by the instruction
of Her Majesty's Government, to propose to the Government of tlie
United States to name a Joint Commission for the purpose of marking
out the northwest boundary ; and more particularly that part of it in
the neighborhood of Vancouver's Island, in regard to which, as you
will perceive from a reference to my note of the 13tli January of that
year to the Honorable James Buchanan, the Secretary of State of the
United States, Her Majeoty's Government already loresaw the
[xxxvi] possibility of the occurrence of misunder*standing between the
settlers of the respective nations; and Her Majesty's Govern
ment, moreover, then proposed, in order at once to preclude such mis
understandings, that before instructing their respective Commissioners,
the two Governments should agree to adopt as the " channel " desig
nated by the Treaty, that marked by A^ancouver in his charts as tlie
navigable channel, and laid down with soundings by that navigator.
Mr. Buchanan entirely concurring in the expediency of losing no
time in determining the position of the boundary line, nevertheless felt
some objection to adopting the channel marked by Vancouver as the
"channel" designated by the Treaty, in the absence of more accurate
geographical information, and he suggested that the Joint Comniis-
siom^rs, when appointed, should be in the tirst place instructed to sur
vey the region in question, for the purpose of ascertaining whether the
channel marked by^ Vancouver, or some other channel, as yet unex-
I)lored, between the numerous islands of the Gulf of Georgia, should be
adopted as the channel designated by the Treaty, or, in other words,
should be found to be the main channel, through the middle of which,
according to the geucrally admitted principle, the boundary line should
be run.
To this suggestion Her Majesty's Government, in the hope that im-
mediate measures would be taken by the Government of the United
States to name Commissioners to proceed to the si>ot with those already
designated by the British Government, made no obje^ tiou.
SECOND AND DEFINITIVE STATEMENT OF GREAT BRITAIN, 241>
It has been a subject of regret to Her Majesty's Goveiiunent that,
tiom causes upon which it is unnecessary to dwell, no appointment of
Commissioners has, up to the present time, been made by the Govern-
ment of the United States; and I am now instructed again to press
this matter on their earnest attention.
Should it appear possible, however, that this proposal cannot be met
by the Government of the duited States without further ditUculty or
delay, I would again suggest the expediency of the adoption by both
Governments of tlie channel marked as the oidy known navigable chan-
nel by Vancouver, as that designated by the Treaty. It is true that the
Island of San Juan, and perhaps some others of the group of small
islands by which the Gulf of Georgia is studded, would thus be included
within British territory ; on the other hand, it is to be considered that
the islands in question are of very small value, and that the existence
of another navigable channel, broader and deeper than that laid down
by Vancouver, by the adoption of which some of those islands might
possibly fall within the jurisdiction of the United States, is, according to
thereports of the most recent navigators in that region extremely improb -
able; while, on the other hand, the continued existence of a question of
doubtful jurisdiction in a country so situated as Washington Territory
and Vancouver's Island, is likely to give rise to a recurrence of acts of a
similar nature to those to which I have had the honor of calling your
attention, and which I have no doubt would not be less deplored by the
Government of the United States than by that of Great Britain.
I am, &c.,
JOHN r. CllAMPTOX.
No. 4.
CONVERSATION AND CORRESPONDENCE BETWEEN Ml{. BANCROFT AND
VISCOUNT PAEMERSTON.
Mr. Bancroft to Mr. lluclunion.^
United States Legation,
London, Auyust 4, 1S48.
Sir: * # # # #
The Hudson's Bay Company ha\e been trying to get a grant of Van-
couver's Island. I iiupiiied, from mere curosity, about it. Lonl l*al-
nierston replied that it was an afltair that belonged exclusively to the
Colonial OHlce, and he did not know the intentions of Lord Grey. He
then told me, what I had not known before, that be had made a proposi-
tion at Washington for marking the boundaries in the northwest by set-
ting up a landmark on the point of land where the forty-ninth parallel
touches the sea, and for ascertaining the division line in the channel by
noting the bearings of certain objects. I observed that on the mainland
a few simple astronomical observations were all that were requisite ;
that the water in the Channel of Haro did not require to be divided,
;«iiice the navigation was free to both parties ; though, of course, the
islands east of the center of the Channel of Ilaro were ours. He had
110 good chart of the Oregon waters, and asked me to let him see the
traced copy of Wilkes's chart. He spoke of the propriety of settling
' As ofBcially printed in the United States.
250
NORTHWEST WATER BOUNDARY ARBITRATION.
' t
definitively the ownership of the several islands, in order that settlements
might not be begun by one party on what properly belongs to the other.
On returning home I sent him my traced copy of Wilkes's chart, with
the note, of which I inclose a copy.
I am, &c..
GEORC.E BANCROFT.
Mr. Bancroft to Viscount Palmerston.^
90 Eaton Square, July 31, 1848.
My Dear Lord: As your Lordship desired, I send for your inspec
tion a traced copy, made for me at the Navy l)epartment, of Wilkes's
Chart of the Straits of Juan de Fuca, Puget's Sound, &c., &c. Un-
luckily, this copy does not extend quite so far north as the parallel of
40°; though it contains the wide entrance into the Straits of Arro, tho
channel through the middle of which the Boundary is to be contimied.
The upper part of the Straits of Arro is laid down, thoiijjh
[xxxvii] not on a large scale, in Wilkes's map of *the Oregon Territory,
of which I am sorry to say I have Jiot a copy, but which niav
be found in the Atlas to the Narrative of the United States Exploring
Expedition.
1 remain, &.v.,
GEORCE BANCROFT.
b 1
1:
ti' '.'.
Visconut I'ahnerston to Mr. Hancroff.
Foreign Office, Amjuni 24, 1848.
Viscount Palmerston presents his compliments to jNIr. Bancroft, and
has the honor to return to him herewith, with his best thanks, the traced
copy of AVilkes's Chart of the Straits of Juan de Fuca, &c., which Mr-
Bancroft so obligingly sent to Lord Palmerston on the 31st ultimo.
Mr. Bancroft to Viscount Palmerston.
108 Eaton Square, I^oremher 3, 1848.
3Iy Lord : I did not forget your Lordship's desire to see the United
States surveys of the waters of Puget's Sound, and those dividing;
Vancouver's Island from our territory.
These surveys have been reduced, and have just been published in
three parts ; and I transmit, for your Lordship's acceptance, the first
copy which 1 have received.
The surveys extend to the line of 49° ; and by combining two of tlic
charts, your Lordship will readily trace the whole course of the channel
of Arro, through the middle of which our boundary line passes, i
think you will esteem the work done in a manner very creditable to the
young navy otlicers concerned in it.
I have, &c.,
(iEORGE BANCROFT.
' luclosiu'o in last foregoing letter.
iSl'X'OND AND DEFINITIA^E STATEMENT OF GREAT 15RITAIN. 2")1
BANCKOFT.
Viscount Palmerston to Mr. Bancroft.
Foreign OrncE, November 7, 184S,
Sir : I beg loave to return you my best thanks for the surveys of
Pnget's Sound, and of the Gulf of (ieorgia, which accompanied your
letter of the .'3d instant.
The inform.ation as to soundings contained in these charts will, no
doubt, be of great service to the Commissioners Avho are to be appointed
iincler the Treaty of the 15th of June, ISKJ, by assisting them in de-
termining where the line of boundary described in the first Article of
that Treaty ought to run.
I have, «S:e.,
PALMiniSTOX.
^'o.
rROI'OSKI) AMENDMENT OF ARTICLE 11 OF TREATY.
BANCROFT.
The following was moved ii: the Senate of the United States, on 12th
-lime, 1810, as an addition to the liesolution advising the Fresident to
accept the proposal :
Willi the following proviso at the end of the seeoiid Article of the projtosed Convcii-
lioii, to wit :
•' I'roridrd, That the rij^lit of navigating the Columbia River .secured to the Hudson's
l!ay Company, and to ail Jiritish subjects trading with the same, be limited to the year
A. 1). 180:?, Avhen it shall cease and determine.'"
&c., which Mr.
jlst ultimo.
those dividiii"
BANCROFT.
^[r. ItucJianan to Mr. MacLane.
No. 34. 1 Department OP State, '
Washington, June 13, ISltJ.
Sir : The President communicated to the Senate, on nie 10th instant,
a coutideutial message, of which I transmit you a copy, asking their
inevious advice in regard to the Frojet of a Convention for the adjust-
ment of the Oregon question delivered to me by Mr. Fakenham on the -
i!th instant.
On yesterday the Senate adopted the ibllowing resolution :
Iknola'd, (two-thirds of tho Senators present concurring,) That the President of the
United Sti"'^' " l>e, and he is hereby, advised to accept tho proposal of the Hritish Gov-
I'lnineut a'„ci>.u)>anying his mes.sage to the Senate dated 10th June, ]84lt, for a Conven-
tion to f-ettle boundaries, »S:c., between tho United States and Great Rritain, west of
tlie Rocky or Stony Mountains.
The vote of tho Senate stood 37' to 12.
I have learned from the best sources that the Senate gave
|xxxviiij this adv'lce under the conviction that, by * the true construc-
tion jf the second Article of the Frojet, the right of the
Hudson's Bay Company to navigate the Columbia would expire with
the termination of their present license to trade with the Indians, »&c.,
on the nortliwest coast of America on the 30th. May, 1859. In a con-
versation with Mr. I'akenham to-day I communicated this fact to him,
and recpiested him to state it in his dispatch to Lord Aberdeen.
' So, in tho letter as ofliciully printed iii the United States.
252
NORTHWEST WATER BOUNDARY ARBITRATION.
Hr'
f'?i
The Treaty will be signed and seut to the Senate on Monday next-
and it is more than probable that they will, in sone form or othci!
place upon their records their understanding of its true construction in
this particular.
I have, &:c.
JAMES BUCHAXAX
iU
ION.
I JMoiulay next ;
form or otlici',
construction in
lUCHAXAX
I I?
COlMIESrONDEM'l
>"f
C 11 R E 8 P N D K N C E .
Xo. 1.
Mr. Fish to Mr. Bancroft.
Ni). ->■">!.] Depautimknt of Statk,
W((sliington, July 18, 1871.
Sir: I transmit to you herewitli the draught of a note which, in con
iiinction with tlie representative of Her JJritannic Majesty,
you will present to the Government of the Emperor of Ger-
many, in ])ursuance of the thirty-fourth article of a treaty
>i},'iie{l at Washington on the 8th of May, 1871, of whicli a
copy is herewith scTit, requesting that His Imperial Majesty will be
pleased to act as Arbitrator in a <piestion which has arisen between the
(lovernments of the United States and of (Jreat Britain, in regard to a
line of boundary between the territories of the United States aiul those
ot Her Britannic Majesty, under the flrst article of the treaty concluded
at Washington on tiie 15th of June, 1840, a copy of which is also sent
to you. You will accordingly arrange with your British colleague for
tlio simultaneous presentation of your respective notes.
DriMlRlit nl'iiott- In
l><* prrsctitt'-l tn Km-
jitTftr III (ii'i'mjitiy in
t ilirijl li'in to iii-t :m
iirltltraliij.
I am, &C.,
HAMILTON I'^ISH,
I Iiiclosure Xo. l.|
Drauijhl of iiotv to be prvxcnted to the Government of the Emperor of (lermany,
TIio Goveruiuont of tlie IJnitod States and the Government of Her Jiritaunic Majesty
having agreed, by a treaty signed at Washington on the 8th of May, 1871, of which a
copy is heronnto annexecjf, together witii a eopy of the previous treaty of June 15,
184(5, herein referred to, to submit to the arbitration and award of His Majesty the Em-
peror of Germany the decision of the question set forth in the thirty-fourth article of the
lirst-named treaty, in the following words : " Whereas it was stipulated by Article I of
the treaty concluded at Washington on the 15th of June, 1846, between ller Jkitannic
Majesty and the United States, that the line of boundary between the terri*",orie8 of
the United States and those of Her Britannic Majesty, from the point on the forty-ninth
parallel of north latitude up to which it had already been ascertained, should be cou-
tiiuMid westward along the said parallel of north latitude to the middle of the channel
whiih separates the continent from Vancouver's Island, and thence southerly through
the middle of the said channel and of Fuca Straits to the Pacilic Ocean ; and whereas
the commissiouers appointed by the two high contracting parties to determine that
portion of the boundary which runs southerly through the middle of the channel
iiforesaid were unable to agree npon the same ; aud whereas the Government of Her
liritannic Majesty claims that such boundary-line should, under the terms of the treaty
above recited, be run through the Rosario Stfaits, and the Government of the United
tJates claims that it should be run through the Canal de Haro, it is agreed that the
lespective claims of the Government of the United States and of the Government of Her
Britannic Majesty shall be submitted to the arbitration and award of His Majesty tb&
Emperor of Germany, who, having regard to the above-mentioned article of the said
250
NORTHWEST WATER BOUNi)ARY ARBITRATION.
,;ii
troaty, hIiiiII <l(t(.'i«lc tluiieiipon tlnnlly, and witlioiit appeal, wliicli of tlioso cliiims i^
iiioMt in acconlaiKc with tlio ti lU) interpretation of tlie treaty of Jnne Ifi, 1H4<> ;" and tin
high cinitraetinjj partioM lepoHinj; entire contidenco in tlie spirit of jiistiee and inipiufi-
ality wliielj distiniJtniMlieH llin Imperial Miijesty, tlie common friend of the two stutrs,
linvinfT agreed, in pnrsnanee of the saiil treaty, to addrens themselves to His Iniiii'iial
MnjcHty, and having further mntnally engaged, in the event of His Imperial Miijisty
being willing to all'ord his good otliees as arbitrator on this occasion, to consider tiic
award of His Majesty as ahsolntely iinal and conclusive, and to give etlect to the same
witliout any ohjecition, evasion, or delay whatsoever, the undersigned hns received tin
orders of his (ictvernment to ccnnmunicate to His Imperial Majesty the treaty which lia>
thus been made on the |»art of the (Joverument of the United .States, an«l to express tin-
President's earnest desire that His Imperial Majesty will he pleased to take upon liini
the oftice ofarldtrator in the <|uestion. The undersigned has the honor to reipiest Hi^
S(!rene Highness the Prince Hisnuuck to lay this communication bt'fore His Majesty
the Emiieror of (iermany, and to bo pleased to make known to the undersigned Ilislm-
jierial Majesty's determination with regard to his acceptance of the desired arbitratinu,
I liicldsurc \(i. \i.]
£.1 Intel J'loiii llie trvuljj bciwdii the United Slai<ii avd Ureal llnUuii of June lo, l-'lii.
Auticm; I.
I'rom the point on the torly-nintli ]iarallel of north latitude, whcrti the boundaiy
laid down ill existing tr('aties and conventions between the United States and (iicai
'ihitaiii tciniiiiatcs. the. line of boundary betwiicn the territories of the United ^^tat('^
and those of Her IJritannic Mnjesty shall be continue<l westward along the said forty-
ninth itnrallel of north latitude to the niuldle of the channel which separates the con-
tinent Ironi A'ancouver's Isliind, and thence soutlun'ly through the middle of the said
channel, and of I'uca's Straits, to the I'acilic Ocean : J'roriiled, hoirerer, That tla^ navi-
gation of the whole of the saiil channel and straits south of the forty-ninth paniilcl ol
north latitude remain free and open to both parties.
[liieliisini' Xo. ;t. 1
Esl rue t from Ihe Treaty of IWinhintjIon of May f^, 1H71.
AHTKi.f: XXXIV.
Whereas it was stii)ulated by Articli! I of the treaty concluded jit Washington mi
the ir)th of ■lane, IH-hl, between the United States and Her Jhitannii; Majesty, that tlie
line of (boundary between tlx' tcnritorics of the United States and those of Her Jhitaii-
nic Majesty, from the jioint on the forty-ninth ])arallel of north latitude uj) to which it
liad already been ascertained, should be continued westward along the said jjarallidof
uorth latitude " to tin* middle of the channel which separates the continent from Van-
couver's Island, and thence southerly, through the middle of the said channel and of
Fuca Straits, to the Pacilic Ocean ; "' and whereas the commissioners a]>pointe<l by tin
two high contracting parties to determine that portion of the boundary which runs
southerly through the middle of the channel aforesaid were unable to agree ujion tin
same ; and whereas the Government of Her Britannic Majesty claims that such bound-
ary-line should, under the terms of the treaty above recited, be run through the Kosa-
rio Straits, and the Government of the United States claims that it should bo run
through the Canal do Haro, it is agreed that the respective claims of the Governnuiit
of the United States and of the Government of Her Britannic Majesty shall bosub-
initted to the arbitration and award of His Mitjesty the Emperor of tJerinany, who,
having regard to the above-mentioned article of the said treaty, shall decide thereniion.
finally and without a)»peal, which of those claims is most in accordance with tlio true
interpretation of the treaty of June 15, lH4(i.
CORKKSI'ONDENCE.
257
No. 2.
Mr. Bancroft to ^fr. Finli.
[Extract.]
Vo. 249.] American LEOArioN,
Berlin^ July 2J), 1871. (KeceivtMl August 18.)
Sir: This day, at a quarter before 1, 1 took the British charg(i iu my
carriage to the Foreign Office, where we delivered siniul- ^
taneously formal uotes, identical in terms, addressed to ..Mi'''i".!,'','il.''.kr-
Prince Bismarck, chancellor of the empire, requesting the
Oernian Emperor to accept the oflice of Arbiter on tlie nortliwestern
lioundary (piestion, under the treaty of Washington. I annex a copy
of the note.
*******
I remain, &c.,
(IKO. BANCROFT.
of June l.'t, l.».jl'i.
Mr lUiiivroft to J'rincv Jiiiimarvk.
AMKIUC.VN Li:(iATION,
7/«/mi, ./((/(/ yy, 18T1.
The Governineut of tho United States of America iiiul the Government of Fler IJrit-
miiic Majesty having agreed, by a Treaty signed at Wasbiugton the 8tb of May, 1H71,
III' wbicb a copy is berennto annexed, together with a copy of tho previons treaty of
June If), 1840, herein referred to, to submit to tho arbitration and award of His Majesty
ibii Emperor of Germany tho decision of tho ([uestion set forth in tho thirty-fourth
article of the first-named treaty, in the following words : [Hero follows verbatim tho
iiitire article thirty-fourth, of the lirst-mentioned treaty.] An<l the high contracting
imrties reposing entire conlidence iu the spirit of justice and impartiality which dis-
liiiijuishes His Imperial Majesty, tho common friend of tho two states, having agreed
in imrsnanco of the said treaty to address themselves to His Imperial Majesty ; and
liaviiig further mutually engaged, in the event of His Imperial Majesty being willing
iiiattord his good offices as Arbitrator on this occasion, to c(uisider tho award of His
Iinperial Majesty as absolutcily tinal and conclusive, and to give effect to the same with-
mit any objection, evasion, or delay whatsoever, the undersigned has received the order
III' Ills Government to communicate to His Imperial Majesty the treaty which has thus
liceii made on the part of the United States, and to express tho earnest <lesiro of tho
I'ltsident of the United States that His Imperial Majesty will be pleased to take upon
Win the office of Arbitrator in the (piestion.
Tiic undersigned has tho honor to recpiest His Serene Highness tho Princo Bismarck
I'' lay this communication before His Majesty the Emperor of Gi'rmany, and to be
pleased t«j make known to the nndersigned His Imperial ilajesty's determination with
regard to his acceptance of the desired arbitration. The untlersigned s»;i/,cs this oppor-
luuity to renew to His Serene Highness Prince liismarck the assurances of hii: ' " hest
consideration.
GEO. BANCROFT.
No. 253.]
No. 3.
» Mr. Bancroft to Mr. Fish.
American Legation,
Berlin^ August 21, 1871. (Received September 7.)
Sir: The German Secretary of State has notified to me and to the
British Legation that the Emperor of Germany accepts the office of Arbi-
trator on our northwestern boundary question. I suppose
I a^n acting entirely in harmony with your wishes in pro- .n,M!'vTr"..,.un,eui.
posing to the British Legation a very early attention to the '"'""' ■'"^"""■""'■
17 D
258
NOUTIIWEST WATER UOl'NDAKV AKUITKATION.
subject, in the hope tlmt we may speedily briiifj the matter to a con
clusiun and an award. (Should any dehiy occur, 1 will take care tliat
the fault mIuiII not be on our .side. I venture to expect an award in um
favor. I have watched for a cpuirter of a century the course of this
negotiation. In all that time the ])resent Administration is the first tlint
Las taken the subject in hand from a right point of view, ami if a
favorable award is obtained it will be mainly due to the form of arbitra
tion which you established by the Treaty of Washington.
I remain, &c.,
GEO. BANCROFT.
No. 4.
Mr. Bancroft to Mr. Fink.
No.L*i55.J American liEffAxioN,
Berlin, tiqttemhcr 1, 1871. (Received Septenjber L'O.)
Sill : 1 inclose a copy of the note which I have received this day from
Knrnu.i,.c..,.t..mv. tliG Gcrman Sccrctary of Statc, uotlfyiug me formally tliat
\lrmLs'"Z'"\\l tlie Emperor of Germany has accepted the oflice of arbitra-
,,m,. .,1 AriMtnitor. ^Qp jj^ ^jjg coutrovcr.sy Oil the northwestern boundary be-
tween the United States and Great Britain.
1 remain, &c.,
GEO. BANCROFT.
•J I
Mr. I'on Thlle to Mr. lluncroft.
[Tranulatiuu.]
liRULiN, Sei)lember 1, 1871.
The iiiulcrHigned has had the honor to reccsivr tlie estoorntMl note of Mr. IJaiiciot't,
Envoy Extraordinary and Minister I'lenipotentiary of the United States of America, nf
the 29th of Jnly last, wherein he, in the name of his Hifjh Government, has made tlie
reqnest that His Majesty the Emperor and King wonld accept the oflice of arbitnitoi,
referrrd to in the thirty-fourth article of the treaty date<l Washington, May 8, ItfTl, ii;
the present boundary question between the United States and Great Britain. Tln'
undersigned has uot failed to obtain His Majesty's decision with regard to hisacceiit-
unce of this office, and has the honor nuist respectfully to announce that His Imperial
and Koyal Majesty has most graciously been pleased to accept the said olHce of arbi-
trator.
While the undei-signed most respectfully adds that the Royal Charge d'Afraire.'Sd!
Great Britain at this capit.'il made a similar re<iuest ou the !!i9tli of July last, and lias
this day received an aufiwer by note, he avails himself of this occasion to renew to His
Excellency the Envoy the assurance of his most distinguished consideration.
V. TIIILE.
No. 5.
3Ir. Davis to Mr. Bancroft.
No. 379.]
Siu
Department of State,
Washington, September 28, 1871.
With reference to your dispatch of the 1st instant, No. 255, and
to the note of Mr. Von Thlle, a copy of which accompanied
vr«.e,''i"' «ro'."i it, announcing the consent of His Majesty the Emperor of
JheaciiS'theEm- Gcrmauy and King of Prussia to act as the arbitrator be-
tween this Government and that of Great Britain, in deter
p«ror.
BANCKOFT.
COUUK.SI'ONDKNCi;.
250
iiiiiiiii^r the coiitrovei'Hy lospciitinjr tlio boumlary bet ween tin* two conn-
tries, ill the inaniicr provitletl in the thirty-fourth article of the Treaty
of Washington of May S, 1871, the President desires that you will
(onvey to the Secretary of State ft>r the Ciernuin Empire, with a request
that they may beconnnnnicated to Jlis Majesty, his ;^rateful acknowl-
edgments for the pron)|)tncss with which His Majesty has been graciously
pleased to accede to the wishes of tiie two tiovernnients.
I am, iScc,
J. C. IJ. DAVIS,
Acting tSi'cretary.
No. 6.
lEftATION,
BA^Xli01T.
Mr. Bancroft to Mr. Fhh,
No. iio".] American Lk«!Ation,
lierlin, December 12, 1871. (Keceived Jan. .'j.)
SiH : I this day left with Mr. Von Abeken, who, during the illness of
the Chancellor of the Empire and of the Secretary of State, „,.. ,i,.i,«.r. .«
takes charge of the Foreign Otlice, the memorial of the """""^'i-
L'liited States on the Canal de Haro as their northwestern boundary, to
be delivered through Prince Bismarck into the hands of the Emperor.
At the same time I left at the British Embassy in Berlin not only the
lopy required by the treaty, but several extra copies of the memorial
aud evidence.
I annex a copy of the letter addressed to INIr. Petre. I hope you will
approve my ofter to join in bringing this boundary que :iou to a speedy
issue.
Up to late last night the representative of Her Britannic IMajesty at
lierlin had not received from his government any instructions on the
subject.
I remain, &c.,
GEO. BxVNCROFT.
ant. No. 200, ami
fliiclosure.]
Mr. Bancroft to Mr. I'ltrc.
AMKUICAX LwiATfON,
JJerliH, December 12, 1871.
TIio limit of tiiiio allowed by the Treaty of Washington of May 10, 1871, for pro-
sintiiig the Case of the United States on the disputed boundary «iuestion which has been
referred to the German Emperor for arbitration, being close at hand, the undersigned
is constrained this day, through His Serene Highness Prince Bismarck, Chancelloi' of
tlio German Empire, to lay before His Majesty the German Emperor the printed Case
of the United States, accompanied by the evidence oftered in support of the same.
In conformity with the Treaty of Washington, ratitled June 17, 1«71, the undersigned
lias the honor likewise to communicate a copy of the Case and evidence to the Hon.
Mr. Petre, as the representative of Her Britannic Majesty at Berlin.
It will give the undersigned great satisfaction to joiu with the representative of Her
Britannic Majesty in bringing tbis long-contested question to a decision at the earliest
possible moment. The undersigned gladly seizes this opportunity of renewing to Mr.
Petre, Her Britannic Majesty's represer 'itive at Berlin, his assurances of highest re-
spect and consideration.
GEO. BANCROFT.
260
NORTHWEST WATER BOUNDARY ARBITRATION.
No. 7.
Mr. Bancroft to Mr. Fish.
(Extract.)
No. 308. J
American Legation,
Berlin, Becemher lii, ISli . (ReceivedJaii. 3.)
Sir: *******
Admiral Prevost, formerly British commissioner for running tlie
n.tiHi. f ,,,e .,,.1 northwestern boundary, arrived here this morning and de-
e„d.n,^ jHn.n,j. jiyered thc British Case and evidence, of which I am prom-
ised a copy this evening. I will lose no time in sending you a copy
and reporting to you the aspect of the case.
1 remain, &c.,
GEO. BANCROJ-T.
I I
No. 8.
No. 314.1
Mr. Bancroft to Mr. Fish.
^Vmerican Legation,
Berlin, Becemher 28, 1871. (Received Jan. IC)
Sir: Herewith I inclose a translation of a letter received from the
Re«i„t «f ,„. nio. Chancellor of the German Empire, acknowledging the re-
rM..knowi,,ig,,i. cpjpt; of thc Aiuericau memorial on the northwest boundary
question, and informing me that he was on the point of laying it belole
the Emperor.
1 remain, &c.,
GEO. BANCROFT.
Mr. Von Phillpshorn to Mr. Bancroft.
[IiitUiSure. — TraiiBlatioii.,
Bi:i!i,ix, Dtcemher "JO, l-^Tl.
TIu! iiiidersignccl hastlic honor to acknowledge tlio receipt from the Envoy Extram-
(liniiry and Minister Plenipotentiary ol" the United States of America, Mr. Bancroft, in
reply to his note of thc \'i\\\ iubtant, respecting thc honndary dispute between thc
United States and Great Britain, the memorial and proof which were therewith trans-
mitted. The nmlersigncd is on the point of snbmitting thestj documents, as well as
those communicated by the Royal Chargd d'Allaires of (jrieac Biitaiu on the llitli and
l.'ith instant, to His Majesty the Emperor and King. The undersigned avails liiiiiscll
of this further occasion to renew to the Minister I'leuipotcntiary the assuranite of iiis
most distinguished consideration.
For the Chancellor of the Emi)ir<!.
VON PHlLIPSItOHN.
No. 9.
Mr. Bancroft to Mr. Fish.
No. 300. J American Legation,
Berlin, June 11, 1872. (Received June L'7.)
Sir: Admiral Prevost arrived yesterday from London with the
piM» .,f th. second and definitive statement of the British Governmoiit oil
our boundary (luestion, which Mr. Odo Russell, the IJritisli
l']mbassador* at Berlin, transmitted to the Foreign Oflicf
rniti'd .St'ites
(irt'iit MntiiiK Ji-1
C OR U ESPON DENC K.
2G1
yestt'iday, fnrnisbiiig ine with a copy of it late last eveuiiif^'. 1 have at
once this morning presented the American reply to tlie Prince of Bis-
marck, and have furnished the British Embassador with copies of it.
Admiral Prevost tells me that he intends to remain here until the
Imperial Arbitrator shall have rendered his decision.
The mail of tomorrow from Hamburg will take to you a copy of this
second British statement, as well as copies of the paper ,:^'i''\i I have
>;iibiuitted in behalf of the United States.
I remain, &c.,
GEO. BANCROFT.
BANCROFT.
No. 10.
. BANCROFT.
Mr. Bancroft to Mr. Fish.
No. 373.] American Legatiox,
Berlin, June 17, 1872. (Received July o.)
8ii{ : I send you by the Hambnrg packet of the 10th instant three
kmiid copies of the F^nglish version of our I'eply to the British argument
"lithe San Juan question ; ten copies of the same with maps,
;tii(l fifteen without mai>s; ten copies of the German with ti.'r!'pT,"l\',',,ir,ni,',
maps, and fifteen without ma|)s. A bound copy of the ;-'X,r'ti..!'r .ihi'!;
English second and delinitive statement is also inclosed in
one of the parcels. I annex copies of the correspondence that attended
tlie delivery of the reply.
I remain, &c.,
r'EO. BANCROFT.
N PHlLirSltOWN.
[luclosure No. 1.)
Mr, (kh> Ritssell to Mr. Bancroft.
IJiiirisir Emuassv,
Jierlin, June 10, 1872.
Siu: The midersigiied, Htr ]kituiinicMiijf.st,v'.>>Eiii';;tssa<lor Extraordinary and Pleiii-
liotentiary to His JiiijH'rial .Majesty the fiiiiperor of Geriiiany, has the honor to trans-
mit to Mr. Bancroft, Emoy E.vtraordinary and Mini.stcr Plenipotentiary of the United
States to the Court of Berlin, in jtnr.stianee of the i)rovi,sions of the thirty-sixth Article
"t'tlio Treaty of Wa8hin<>ton, of the 8th of May, 1871, copies, in duplicate, of the second
ami delinitive statenientof the Briti.sh Government in the matter of the line nf Bound-
iiiy between the Territories of Her Majesty the Queen of the United Kinj^dom of Great
Hiitain and Ireland andtliose of the f-nited .States, which the undersifjned has this day
ililivcred to His Serene llijfhness Prince Bismarck to he laid hefore His Imperial
MajcHty the Emperor of Gecmany. 'i'lie undersi;;ncd will have the honor of furnishiiiij;
•Ml. Bancroft with additional copies of this statement if he should desire tliem.
The nudersijjncd, &c.,
ODO RUSSELL.
[Iiit'lonure X<j. %\
Mr. Bancroft to Mr, Odo BiinxcU.
A.MK.IMCAN LWtATUlN,
Jkrlin, June 11, 1872.
Siu : The undersigned, Envoy Extrnordinaiy and Minister Plenipotentiary of the
i nited States of America to the Emperor of Gernuniy, has the honor to acknowledge
tlio receipt of the note of Mr. Odo Russell, British Emhassador at Berlin, of last even-
ing, and copies in duplicate of the second and detinitive statemeik of the British Gov-
ww^
M
262
NORTHAVEST WATER BOUNDARY ARBITRATION.
ernment acconling to tbo provisions of the Treaty of Washingtou of the 8tli of Mav
1871.
Mr. Odo Russell Laving already delivered this statement to his Serene Highness the
Prince of Bismarck to be laid before His Imperial Majesty the Emperor of (Jermam,
the undersigned expresses the hope that this long-continued controversy may lie
brought very speedily to an end through the friendly intervention of the Iniiieiiul
Arbitrator.
The undersigned, &c.,
GEO. BANCROFT.
I Inclosuie No. 3.]
Mr. Bancroft to the Prince liismarcl;
American Lkgatiox,
Berlin, June 11, 1J72.
The undersigned, Envoy Extraordinary and Minister Plenipotentiary of the United
States of America, takes leave in the name of his Government, through His Sinene
Highness the Prince of Bismarck, Chancellor of the German Empire, to lay before His
Imperial Majesty the Emperor of Germany the accompanying definitive reply of tlif
Unittid States to the Case of the Government of Her Britannic Majesty of the l;kh of
IJeceniber, 1871.
The nn«lersigned has communicated a copy of this definitive reply to the represcuta-
tive of Her Britannic Majesty at Berlin.
'J he undersigned has received from the British Embassador at Berlin a copy of tlio
second and detinitive statement on behalf of the Government of Her Britannic Majesty,
together with notice that the same was yesterday submitted throngh his Serene lligii-
ness the Prince of Bismarck to His Majesty the Emperor of Germany.
Nothing remains for the undersigned but to express his hope that, now that eaeli
party has presented its last word, au early decision may soon remove tlie cloud of dif-
ference that has so long existed on this subject between the Government of the United
States and tin; (Jovernment of Her Britannic Majesty.
The undersinntid, &e.
GEO. BANCROFT.
[Inclosure Xo. -1.1
Mr Bancroft to Mr. (ido Rnnsell.
Amkiucan Lkgatiox,',
Berlin, June 11, lST-,>.
Sir: The nudersigned. Envoy Extraordinary and ^liuister Plenipotentiary of tlie
United States of America to the Emperor of Germany, has the honor to transmit to Mr.
Odo RnsFell, Her Britannic Majesty's Embassador at Berlin, in pursuance of the tliirty-
sixth article of the Treaty of Washingto:> ot the 8th of May, 1871, copies in duplicate
of the definitive reply of the Government of the United States to the Case of the Gov-
ernment of Her Britannic Majesty of December 1.*?, 1871, which the undersigned lias
this day delivered to His Serene Highness the Prince of Bismarck, to be laid before
His Imperial Majesty the Empf ror of Germany.
The undersigned will have the honor of furnishing Mr. Odo Russell with an addi-
tional copy of this statement, together with otiier copies, if he should desire them, and
avails him.self of this opportunity to renew, &c.
GEO. BANCROFT.
flnclosnro No. .I.]
Mr. Odo Eusaell to Mr. Bancroft.
British Embassy,
Berlin, June 11, If^T'i.
Sir : The undersigned. Her Britannic Majesty's Embassador Extraordinary and Pleni-
potentiary to His Majesty the Emperor of Germany, has the honor to acknowledge tlie
receipt of Mr. Bancroft's letter of this day's date, informing him that he had sjibniitted
to His Majesty the Emperor of Germany, through Prince Bismarck, the second ami
definitive reply of the Government of the United States on the disputed boundary
CORRESPONDENCE.
26a
u of the 8th of May
i|iiestioii, and at the same time inclosing copies of it for Mr. Russell's iiso and informa-
li'iii.
Ill thanking Mr. Bancroft for this communication, and cordially reciprocating His
KxfL'lk'ncy's wish expressed in his even-dated note that this long-continued controversy
may, through the friendly arbitration of the Emperor, be brought very speedily to a
iliisc, the undersigned, &c.
01)0 RUSSELL.
;E0. BANCROFT.
ply to the represeuta-
No. 11.
Mr. Bancroft to Mr. Fish.
[Extract.]
Xo. .'377.J American Legation,
Berlin, June 24, 1872. (Keceived July i;j.)
gjjj . * * * # * # #
I transmit a translation of the acknowledgment that the n,.en„i, or letin-
(lefinitive statements of both parties are already ia the i:;;'i„"p;!'L'"A'riMtnf
liiiuds of the Imperial Arbitrator. "" "i"-»i'i''-''
1 remain, &c.,
GEO. BANCROFT.
GEO. BANCROFT.
flnclosurp.]
Mr. Von 'Thik to Mr. Bancroft.
[Translation.)
Bkumx, .jitne 18, 1872.
The undersigned has the honor most re.si)ectfully to acknowledge the receipt from
Ml. Bancroft, Knvoy Extraordinary and Minister Phniipotentiary of the United States
of America, of the obliging note of the 11th instant respecting the boundary dispute
lietween the United States and Great Britain, together with the accompanying reply.
The undersigned has not failed to lay before His Majesty the Emperor and King this
reply, as well as that delivered on the 10th of this mouth by the Embassador of Great
liiitiiin at this Court.
At the same time the undersigned, &c.
VON TIHLE.
Russell with an adili-
ould desire them, and
GEO. BANCROFT,
No. 12.
Mr. Bancroft to Mr. Fish.
No. 379.J American Legation,
Berlin, June 28, 1872. (Keceived July 15.)
Sir : I am oflicially informed that the names of the gentlemen who
will be requested to examine and report upon the Ilaro Ai.i,ni„t,nPMt .r
boundary question will be forwarded to the Imperial Arbi- ;„;;,';:' H'im'houmi.
trator to-day for his approval. This approval will follow as '"" """'""
a matter of course, and if the gentlemen designated accept the appoint-
ment, the consideration of the case will go forward without delay. I am
assured that everything which is proper will be done to accelerate a
decision.
I remain, &c.,
GEO. IJAXCROFT.
2G4
NORTHWEST WATER BOUNDARY ARBITRATION.
1% 0.
No. 13.
lUr. Bancroft to Mr. Fish.
[Extract.]
No. 401 .J American Le(1ation,
Jicrlin, September 30, 1872. (lleceived October Ki.j
Sir : 1 am assured, ou the best authority, that the decision respcctinjr |
])... i» „ *^"^ northwest boundary approaches its solution, and I liavc
pr,n.ri'iH',"'u" .oiir. heard nothing from any quarter that does not conlinn nu;
in the opinion that the decision will be in our favor.
The writers of telegrams, who run a race with one another, are already
making the public familiar with this view of the subject. I shall tele
grapli the decision to you so soon as it becomes known to uie in an
authentic form. # # # #
On the 3d day of October, Mr. v. Thile, who has had the charf;e of
the Foieign Ottice in Berlin since I have been here, retires, and his ])la('e
is to be supplied by Mr. de Balan, now German Minister in Brussels.
Mr. de Balan will retain for the present his diplomatic rank and apjioint
ments, until the German Diet comes together, when it will be proposed
to make the i)lace Avhich he is to fill equal to that of a Minister of State,
Mr. V. Thile goes out of oftice with the unanimous and unqualified
esteem of all who have transacted business >yith him. He is a man ol
honor, integrity, and thorough and most various culture.
I remain, &c.,
GEO. BANCltOFT.
I
u *
No. 34.
31 r. Bancroft to Mr. Fish.
[Extract.]
No. 4 10. J
Sir
AinuMitiriMniMil "t
iiwi(ri) ili'tiivt'ii by
a.'iith i)f l»rinL»' Al-
brfi-lit.
American Legation,
Berlin, October 4, 1872. (Keceived November 7.)
The papers relating to our Arbitration were completely finished
last week and forwarded to the Emperor at Baden for liis
final action and signature. Just as they arrived, the death
of his youngest brother was announced to him by telegraph,
and he hastened to Berlin befo, 3 declaring his opinion.
His deceased brother. Prince Albrecht, more than twelve years
yovugcr than himself, was buried on Saturday with the honors paid to
a field-marshal, a rank which he had received from the Emperor ol
Eussia only a few hours before he was struck down by apoplexy.
We are daily, I might almost say hourly, expecting to be summoned
to receive the award. I have taken measures — I hope they will prove
sufticieut— to give you the decision by telegraph twenty-four hours before
it is made known to the telegraphic bureau in this city.
I remain, &c.,
GEO. BANCKOFT.
ITIOX,
CORRESPONDENCE.
^ar.
65
e<l October 1(5.;
ecisionrespcctiiicri
ntioii, and I liju>
s not coiifinn me
auv favor.
t)ther, are alroadv
ect. 1 shall U}h'.
onii to me in an
#
lad the charoe of
res, and liis i)lac'e
ster in Brnsscls.
ank and apj)oiiit
will be proj)ose(l
Minister of State.
and nnqualificrl
He is a man of
■e.
BANCIJOIT.
^KGATIOX.
J^Tovember 7.)
apletely tinished
It Baden for liis
rived, the death
im by telegraph,
fi twelve year.>
i honors paid to
the Emperor ol
ipoplexy.
be summoned
they will j)rove
mr hours before
JANCKOFT.
riii.fii ut tlif Cni-
tfil SlutPH lit" AnifT-
M-H ni'rtt in accftril*
itni'H with thf trim
ititTjirt'tiitMii. of tliti
'Irciity.
iS^o. 15.
Mr. Bancroft to Mr. Fish.
[Tcleyrani.]
Berlin, October 23, 1872. (Keceived October 23.)
Tlie three Experts to whom the American Memorial on the Canal
(le Haro and the British Case were referred, have made, each
lor himself, a very elaborate report on the question, sup-
|(orting their opinions by reasons stated with technical pre-
cision and exactness. The Emperor has also, with the high-
est sense of ofticial duty, given his personal attention to the subject, and
after the most careful study and deliberation, he has arrived at the con-
clusion satisfactory to his own sense of justice.
The reports of the Experts, with reasons, have not been communicated
to us. The decree of the Imperial Arbitrator which has been commu-
nicated has the form not so much of a decree in council as of a cabinet
order. It does not enter into any elaborate exposition of the decision,
but, without diverging in the least from the point presented for arbitra-
tion, decrees that the claim of the United States of America is most in
accordance with the true interpretation of the Treaty of .June 15, 1840. I
shall forward theoHicial copy of the decree bva special messenger.
BANCROFT.
No. 10.
Mr. Fish to Mr. Bancroft.
[Telegram.]
Washington, October 24, 1872.
Congratulations on the award. The President directs thanks, in
which I concur, for vour able management of the case.
FISH.
No. 17.
Mr. Bancroft to Mr. Fish.
No. 4 13. J
American Legation,
Berlin, October 24, 1872. (Received November 14.)
Sir : At four minutes before 10 o'clock last evening I received the
award of the Emperor on the question of boundary submitted ^w ,r i r,c,. , vej
1),V the Government of the United States of America and the ' '"' '"""'■'
Ciovernment of Her Britannic Majesty to his arbitration. .
I send the award by Mr. Fi:ank Austin Scott, as special messenger.
He will sail by the first German steamer, the Main, which leaves Bre-
men on Saturday, the 2Gth instant.
I inclose also a translation of the award, and a copy and translation
of the note of Mr. Von Balan relating to it.
I congratulate you most heartily on this result, which is so greatly due
to your own wisdom and forethought: first, in selecting as arbitrator a
man of excellent judgment and an inflexible love of justice; next, in
having defined with the utmost precision the question for arbitration ;
iuul lastly, in having brought together every document and book that
wmr'-
266
NORTHWEST WATER BOUNDARY ARBITRATION.
i -'■
couM be of use in elncidiiting and establisbing the rigbts of tbe United
States.
I bave tbis day, as by order of tbe President, in the name of tlie
])eople of tbe United States expressed to Hi': Majesty, the
<i.rn'"''v"i,r' ..,./* Vo (Jernian Ernperor, tlieir tbanks for tbe g* . pains and at-
""^ " tention wbicb His Imperial Majesty '..*.* devoted to the
question submitted to bim for adjudication. A copy of this letter is also
annexed.
1 remain, &c,,
GEO. r.ANCKOFT.
'■ i
[Inclosure No. 1.]
Award of His MajeHiy the Emperor of Germany on the San ffuan
boundary question.
Wir AVilbelm, von Gottes Gnaden, Deutscber Kaiser, Kiinig von Prens-
sen, &c., &c., &c.
Nacb Einsicbt des zwiseben den Regierungen Ibrer Britiscben Ma-
Jestilt und der Vereinigteu Staaten von Amerika gescblosseiion
Vertrages de dato Washington den Gten* Mai, 1871, Inbalts desseu die
gedacbten Kegierungen die unter ibnen streitige Frage : ob die (rreiiz-
linie, welcbe nacb dem Vertrage de dato Washington den 15ten Jnni,
181(i, nachdem sie gegen Westen liings des 4!)ten Grades Nordlicher
lireite bis zur Mitte des Kanals, welcber das Festland von der Vancou-
ver Insel trennt, gezogen worden, siidlicb durcb die Mitte des gedacbten
Kanals und der FucaMeerenge bis zuni Stillen Ocean gezogen werden
soil, durcb den Itosario-Kanal, wie die Regierung Hirer Britiscben
Majestat beansprucbt, oder durcb den Haro-Kanal, wie die Regierung
der Vereinigten Staaten beansprucbt, zu Ziehen sei, Unserem Schieds-
spruche uuterbreitet baben, damit Wir endgiiltig und obne Bernfung
entscbeiden, welcber dieser Anspriiche mit der richtigen Auslegung des
Vertrages vom 15ten Juni, 1846, am meisten ini Einklange stebe ;
Xacli Anhorung des Uns von den durcb Uns berufenen Sacli- und
Recbtskundigen iiber den Inbalt der gewechselten Denkscbriften und
deren Anlagen erstatteten Vortrages,
Haben den nacbstebenden Schiedssprucb gefiillt —
Mit der richtigen Auslegung des zwiseben den Regievun.io&u Ibrer
Britiscben Majestat und der Vereinigteu Staaten von Amerika ge-
scblossenen Vertrages de dato Washington den loten Juni, 1846, stelit
der Ansprucb der Regierung der Vereinigten Staaten am meisten im
Einklange, dass die Grenzlinie zwiseben den Gebieten Ibrer Britiscben
Majestat und den Vereinigten Staaten durcb den Haro-Kanal gezogen:
werde.
Urkundlicb unter Unserer HochsteigenhJindigen Unterscbrift nnd
beigedrucktem Kaiserlicben Insiegel.
Ciegeben Berlin den 21teu October, 1872.
[L. s.J WILHELM.
[Inclosnro No. 2. — Translatioii.]
We, William, by the grace of God, German Emperor, King of Prussia,
&c., «&c., &c.
After examination of tbe treaty concluded at AVashingtou on tbe 6th*
of May, 1871, between the Governments of Her Britannic Majesty and
* Sii' in original, May 8tb.
CORRESrONDENX'E.
267
IIANCIJOFT,
the iSan Juun
i'mig von rions-
of the United States of America, according to which the said Gov-
ernments have submitted to our arbitrament the question at issue be-
tween them, whether the boundary-line which, according to the Treaty-
ot'Washington of June 15, 1840, after bei^'g carried westward along the
forty-ninth parallel of northern latitude to the middle of the channel
which separates the continent from Vancouver's Island is thence to be
drawn southerly through the middle of the said channel and of the Fuca
Straits to the Pacific Ocean, should be drawn through the Kosario Chan
uel as the Government of Her Britannic M.ijesty claims, or through the
llaro Channel as the Government of the United States claims; to the
end that we may finally and without appeal decide which of these claims
is most in accordance with the true interpretation of the treaty of June^
].5, 1840.
After hearing the report made to us by the experts and jurists sum-
moned by us upon the contents of the interchanged memorials and theii
appendices —
Llave decreed the following award : ,
]Most in accordance with the true interpretations of the treaty concluded ]1
on the 15th of June, 1840, between the Governments of Her Britannic '
Majesty and of the United States of America, is the cljiim of the Gov-
ernment of the United States that the boundary-line between the terri-
tories of Her Britannic IMajesty and the United States should be drawn
through the Haro Channel.
Authenticated by our autographic signature and the in' vession of
the imperial great seal.
Given at Berlin, October the 21st, 1872.
[L. S.J
WILLIA^r.
[Indosure Xo. .'I.— Translation.]
Mr. Von Halaii to Mr. liancroft.
UKitLix, (ktohn 2:?, 1872.
His Majestj' the Emperor and King, liuvinnj niiulo tlie award in the Arbitration re-
ferred to him by the Treaty of Washington, 5l ay 0, [H,] 1871, in the Boundary Dispnto
between the United States and Great Britain, the undersigned has the honor to trans-
mit herewith a copy of this award with the remark bluit he sends to the Royal Embas-
sador of Great Britain at this Court a like copy.
At the same time the undersigned availsliimself of this further opportunity to renew
to the Envoy of the United States, Mr. Bancroft, the assurance of his most distinguished
consideration.
VON BALAN.
nterschrift luul
WILHELM.
Ling of Prussia,
[Inclosnro Xo. 4. |
Mr. Bancroft to Mr. Von Ilalan.
AAIKIUCA.V UKflATIOX,
Ikrlin, October 24, 1872.
Mk. Sl•:(■ltKrAl^v oi- Statk for FonKKiX Akkaius : I have communicated to my Gov-
ernment the Award of the Imperial Arbitrator, received last evening, relating to the
northwestern boumlary of the United States of America. lu return the Presuleut of
the Uuiti '. States has charged me, in the name of the people of the United States, to
express to His Majesty the German Emperor their thanks for the great pains and at-
tention which His Imperial Majesty has devoted to the tiuestiou submitted to him for
adjudication.
The definitive, friendly settlement of the difference has a peculiar interest and im-
portance. It is now exactly ninety years since the King of Great Britain first formally
recognized the existence of the United States of America as an independent State, and
^''MfTjj
268
NORTIIVVKST WATER IJOUNDARY ARBITRATION.
!i
^'
[ I.
■J
i
4*i .
^
?:T*
J
from that tinn) to tli« proHeiit coiitrovcrHy regarding tlio boundaricN of their respective
possessions in Aniericii lias never ceased even for a single day. During this \imm\
the two countries have been repeatedly on the verge <»f war, growing out of tin-ir
op]:»osing claims to jurisdiction. After an unrelenting strao of ninety years, the award
of His Majesty the Emperor of Germany closes the long und unintermitted, and oftt-n
very dangerous, series of disputes on the extent of their respective territories, and so
for the first time in their history opens to the two countries the unobstructed way to
agreement, good understanding, and peace.
I gliidly seize this occasion, i!fcc.,
GEO. BANCROIT.
No. 18.
Mr. Jlancroft to Mr. Fisli.
^"o. Uo.j
lilip<H't;uii
iiwiiril.
AMERICAN JiE(}ATION,
JicrUn, Octohcr2^, 1872. (Keceived Xoveiuber 11.)
Sill: Tlie imi>ortance of the award of tlie German Emperor is known
in England as well as on our own raciftc coast. It estab
lislies us in the equal ])ossession of the Channel of Haro and
in the exclusive possession of all the other channels leading north from
Fuca Straits and Washington Sound.
The award was a grievous disappointment to Admiral Prevost, the
verj' amiable high ollicer of the liritish Navy, who had for twenty-one
years particii)ated in the management of the case. Up to the last mo
ment he conlidently expected a decision in his favor.
The conduct of the present IJritish Embassador at this Court, through-
(..iMiuct oi .1,, out the whole period of the discussions, has been exactly
uriii-h KiNh„.,„j,.,. ^viij^i^ could have been wished. We have during the whole
time preserved intimate friendly relations. This morning he was so
good as to call on me, and while it could not be expected of him to be
gratified by the award, he did express, and as I believe most sincerely,
the greatest satisfaction that all strife between the two Governments,
respecting boundaries, had found its end, and that there is no longer an
obstacle to the uninterrupted reciprocity of good feeling between the
two countries. 1 met his friendly expressions with perfect cordiality.
While a decree could not be on both sides, I i>ointed out to him that
since George III acknowledged our independence in the late summer of
1782 to the present time, the strife about boundaries between the two
Governments had known no intermission ; now at last there remained
no further difterences ; that therefore the definite friendly settlement
effected by the award of the (Herman Emperor o])ened the way to a new
career of reciprocal good feeling between the two countries.
I remain, &c.,
GEO. BANCKOFT.
No. 19.
3Ir. Nicholas Fish to Mr. Fish.
No. 421.]
American Legation,
, Berlin, November 2, 18'^'*, (Received November 19.)
Sir: I annex a copy and translation of a note from the Secretary of
u. Mnbur»e„,e„t » Statc foF Forclgn Affairs, in reply to Mr. Bancroft's of the
'^rTth"\'J!Z'«. 2l8t ultimo, in regard to the costs and expenses of this Gov-
t.on.wiin«i. ernment in the Northwest Boundary arbitration.
CORRESPONDENCE.
269
;i:0. BANCROl'T.
The Gwinan Goverunient decline to accept payment for their ex-
penses in the matter.
In order that I may know the more fully the wish of the Department
as to the course of acknowledging this friendly act, I delay answering
Jlr. Von Balan's note until I receive a reply to the telegram I sent you,
which ran as follows: "Fish, Secretary, Washington: German Govern-
ment decline compensation for expenses of arbitration. (Signed.) Fish,
ChargC'."
I have, &c.,
NICHOLAS FlSir,
Charge (V A ffaircH ad interim.
[) to the last mo
llnclosiirc. — Transliition.l
Mi: Von Balun to Air. Huh,
Br.nux, Xomnher 1, 1872.
The Minister of the Uuitecl States of Ainericii, in a note dated October 21, 1872, has
been pleased to recjnest to be advised what costs and expenses liave been incurred by tliis
liovernnient in the boundary question between tlie United States and Great Britain.
In reply to this inquiry, the undersigned, while expressiu"; his thanks for the offer of
le-inibursement, which it has been deemed proper to make, has the honor to inform the
American Chargd d'Affaires, Mr. Fish, that there are no costs or expenses to be charged
liy this Government in the matter.
The undersigned avails himself of the occasion to renew to the Charge d'Affaires the
assurance of his distinguished consideration.
VON BALAN.
No. 20.
BANCIIOFT.
^fr. Fish io Mr. Bancroft.
[Extract.]
Xo. 529.] Washington, Noremher 27, 1872.
Sir : I have to acknowledge the receipt of a dispatch of the 2d
instant, No. 421, from Mr. Nicholas Fish, Charge d'Affaires j^. ^ ^^^ ^^ ^^
ad interim, inclosing a copy of a note addressed to him by j;. nnuni^v^rnment
tlie Secretary of State for Foreign Affairs, stating that the
(lerman Government decline to accept payment for expenses incurred in
the arbitration of the boundary question between the United States
and Great Britain.
The President, highly appreciating this friendly act, has instructed
me to convey, through the Legation, to the Imperial Government, an
expression of his thanks for the courtesy thus extended tc the Govern-
ment of the United States. *******
I am, &c.,
HAMILTON FISH.
270
NOUTllWEST WATER HOUNDARV AUBITKATION.
No. LM.
n ;^
Hf
MtMMirt*i« ta t hiN tMid.
iSh' E. Thornton to Mr. Fish.
Washington, November 21, 1872. (Received November 21.)
iSiu : III compliance with an instruction which I have received Irom
KH.f b. „v,n '*^^^^ Granville, I have the honor to inform you that on the
i.th.M.waniwiUHM,'; 7th and 8tli instant His Lordship caused letters to be ad-
' '"' dressed to the Colonial Ollice and to the Admiralty, inclosing;
fopies of the award of the Emperor of Germany on the San Juan Water-
IJoundary, and requesting that efl'ect may bo given to it with as little
•delay as possible by the withdrawal of the detachment of Koyal IMarincs
from the Island of San Juan, and the due notification of the award to
the proper Colonial Authorities.
In accordance with the tenor of these letters a copy of the award will
be forwarded to the Governor-General of the Dominion of
Canada and to the Lieutenant-Governor of British Columbia,
with a request that pro])er notification of it may be wade and efl'ect
given to it.
The Admiralty will also communic" r > a copy of the award, with as
little delay as possible, to the Admiral in command of the Pacific Station
■or to the Chief Naval Officers at Vancouver's Island, with the instructions
that, in accordance therewith, the detachment of royal marines now sta-
tioned at the Island of San Juan should be ut once withdrawn. The
Admiral or Chief Naval Officer will also be requested to convey to the
•officer in command of the detachment, and to the men under his orders,
the appreciation of Her Majesty's Government of the harmonious man-
ner in which the joint occupation has been conducted, which reflects
the greatest credit on the officers and men of the occupying force of both
■countries.
Earl Granville has further instructed mo to propose to the Govern-
ment of the United States that the work of the lioundarv
thr...',il'i." li'i. " Hmi Commission, which was interrupted in 1859, should be re
suraed and completed by the preparation of a map or chart
showing the exact position of the boundary-line from the Gulf of Geor-
gia through the Ilaro Channel to the ocean, under the Treaty of 18W
and the award of the Emperor of Germany.
Her Majesty's Government considers that, in compliance with the
Thirty-fifth Article of the Treaty of Washington, this should be done
with as little delay as possible in order to give effect to the Emperors
award. It presumes that the surveys which have already been made
will render it unnecessary for another commission to meet on the spot,
but it leaves the details of the arrangement to be made for the comple-
tion of the work of the commission for further consideration.
I have, &c.,
EDW'D THOKNTON.
ir [
San Junn evacu-
ated by Ufilit*)i.
No. 22.
Sir E. Thornton to Mr. FisJi.
British Legation,
Washington^ November 23, 1872.
My Dear Mr. Fish : I have just received a telegram
from Lord Granville in the following words :
.. I N
COKUKSI'ONDKNCE.
271
Admiralty liavv roccivod u Ivlogriim repent ini{ that the detachment of Uoyal Marines
kiut evacuated Haii Juan.
IJelieve me, very truly, yours,
El) WD TIIOKNTON.
No. 23.
Mr. Fish to Sir E. Thornton.
Department of State,
^ya8hington, November 25, 1872.
My Dear Sir Edward : Thanks for your note of Saturday giving
me copy of Lord Granville's telegram. ,*p""".,"[ "'""''
The spontaneous action of the British Government in ac- "rJr7a"!™i! ''"'"
ceptiug the award is highly appreciated.
Believe me, as ever, very truly, yours,
HAMILTON FISH.
> THOKNTON.
I
'imi
ICHARTS WHICH ACCOMPANIKU THE CASE OF THE UOVERNMENT OF HER
BRITANNIC MAJESTY.
No. I.
Carta Esft^iica de los Roconocimic'nto.s hochos en In Costii N. O. tie Ain«>iii'a, on 1791
IjlTiW, por luH KoletasSiitil y Mt^xicana, y otioH biiqiieH de Sii MajjCHlad. (Puldinlied
111 Madrid, 1802.)
No. II.
I k chart Hhowin;; part of the cotuit of Northwest Anieriea, with the tracks of His
jSajesty's sloop Discover}-, and armed tender Cintthani, eoniniunded l)y (jeorjje Van-
liciiver, esq., and prepared under liis immediate inspection hy Lieutenant Joseph
lEakcr, iu which the continental sliore has been traced and determined from latitiule
liii 30' north and longitmle 2'MP 12' east to 'ititnde liti- 15' nortli and longitude 2:W-
lli'eastat the diH'ereut periods sliowu by the trades. (Publislied at London in 17*JH.)
No. III.
S'orth America, went eoant. — Har- and Rosario Straits, surveyed by Captain O. H.
iRiibards and tlie officers of Her Majesty's ship Plumper, 1K")S-'51); and the shores of
(jnande Fuca Strait to Admiralty Inlet. (From CaiUain H. Kellett's survey, 1847.)
No. IV.
America, northwent coast. —
llrlt, R. N., 1H47 ; Haro and
IWaiiralty Inlet and Puget , , ., ..
Iiouth coast of Capo Flattery, by the samt;, in 1H5;{
Strait of Juan de Fuca, surveyed by Ca))tain Henry Kel-
Rosario Straits, by Captain G. H. Richards, R. N., lHr)8 ;
Souiiil, by tlie United States exploriufj expedition, 1841 ;
,. 1... ii... ,' :•■ 1 Lir.<)
No. V.
Map of Oregon and Upper California, from the surveys of John Charles Frdniont and
lotber authorities. (Drawn by Charles Prenss, under the orders of the Senate of the
ll'nited States. Washington City, I84ri.)
-eimi^i^k -
t
■■
:
: ;
'
■ i
iH
i^;
V*
. . 1
■
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(i
w\r 'Tiiimhidmrifiiii
▼
T5^^
«i*^*^,
•-*«J!
'm
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itr'-'-^m
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s-^ "J^S
N^■^>.'\ ^
'*« awrf Mia/, -^* "- 1*/ __. "^ ^
;aL
u i>
r^.- .^^^4 1
•s-^
PAH -UTAH
llxplana lions
fl.t r^n«
J k^rmrr • Amuiif, ► ij»n/ .tfini/U, mruM «rf ,fa/ita Barbara
^ hvor^ mAratlmr <iai>i^ tan iht i-i,jj-( *^m/U^ Ai/i«7 (f- AjnA
Uito-Jiiut If *^* ift*>Jt* "f tfU nmifu. nj Punttt 4ffA> < A^ Pntm • or
r^?^J^*'^
( K
MAP ()|
'^ .-^
^m.'^^m^
From the Siirvrvs of
And other Aulhoniifs
jUie^o
GKNIGU cm
OIlftlM
1AWS' H). ( HAHMies fun
^■c
LJj
1 i m
,rv*M
CH
rt|-
-TP~
YIJMAS
rxplanaiioui
fl# m-mtttc l\fiurti rum th* rUranon Itf' lA# raiuury atprt M« U*tt
J k0hrt « Amuwf famt . tigiuAtj Santm At Saitta Bar^mrm.
J ka/hrr n maimhti* namu ngni^Uj .fan . as Smn Iws M/ff limmt
Iff thf ktrut '
^ hafort inMtCHltfu 'M/'Utf (Ofl Ihft euAJK ' 4^1tUUt f\tiim.»r AfiM,
ninui i^fu)t/'iu>n ( i^mt fWfiMprvfi /
} ktf^n tt4 mmtM in' utlmUt nmtU fhr film fiftsmdt. M *M« ib .<^te
Cmtaiiitm_ o»- r*l» d» .dm it^m^ttt ^ SarMt . #r /ait aeecrdu^ u> iht s
MAP OF
'©[FS^(D®i^] A«» :J3[p[p[EK (DA
From the Surveys of
And other Auihonues
ORAWJV Br CHARIKS PRIVSS
Vndtr Ou Order of (ht
SENATE OF THE UNITED STATES
Washing-ton City Ifi48.
ScaU 1:3000000
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HARO & ROSARIO STRAITS.
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ADMIRAITV INLET AND PUGET SOITNT).
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NORTH AMERICA
WEST COAST
HARO AND ROSARIO
STRAITS
SCKTETSD BY CAPT* G.H.RICHABDS.t TBI OmrERS Of H.M.S PLVMPER
1858 9
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SOUNDINGS IN FMHOMS
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with the tracks of His MAJESTY'S Sloop
Discovert and ^7medTt'mier Chatham ;
Commanded bj GEORGEVAINCOirVEB Efqfand prepared
undtr his iinmfdiate inspecfion 'ty Lieu* Joseph Baker, in whick
ine^ ( on/c-?tonleu- Qjynore na.a veen fmceel- offuif t/e/mTitnen rromy
htit:4o.3fiy. aruf- l.ort^. z36\ n £. to Lai: St. >sy. and hon^ . *3t . 40 £ .
at the diffirent pen'od.t .tfifmn f>y the 1 nicks
The piirta not shaded, are taken n-oni Spaniih Authorilie* ■
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Tiif intnif^iat* inspectuifv ly LieitK/osepK Baker, in. -whicfi^ :^if CbrUin
from lat 4S. 30 N. andlnru/. 236. 12 £. talat- S'zj's N.andlon^. 232.-t6E. at i
Sn^raved by JVatTier- _ Published cU-lortdorv Mtw 2'fl798 by J Edwa>
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on.Mayl»^17S8- by J Edwards J>aU Mail Jt G Robinson, ^atemost^ Jtaw.
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' dt Navio de la Jfl^nnada I/P" Frnn^ Uliza J'ornandanU dtl Paguchot' dt/
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