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Les diagrammes suivants illustrent la mAthode. 1 2 3 1 2 3 4 8 6 7f 84tii Coi 1st Ses hi Yip 37}' eytazi/uoest CoUectiorv Mr. Ma refern article Queen Voth a ted tin I Sir : Presidei mended between Tiossessii The 1 mittee •wliich ii will sei appropr nianii'es in .-.tan t, ' 1 Hon. (Jh ^ir: dressed cation < possessi 84tii Congress, 1st Session. SENATE. Rep. Com. No. 251. HWp ,97i'7 IN THE SENATE OF THE UNITED STATES. JuLT 20, ISfiG. — Ordered to be printed. Mr. Mason submitted tlie following I REPORT: I I [To acronipany Hill S. 40.5.] 31r. Mason, from the Committee on Foreign Ilclafions, to ivhom loas referred the ^^ Bill {8. 405) to provide for carrying into effect the first article of the treaty hefween the United States and her Majestn the Queen of the United Kingdom of Great Britain and Ireland, of the Ibth day of June, one thousand eight hundred and fifty -six,'' submit- ted, the folloioi': 1 : ^ DKPAKTiMENT OF StATE, 9 Washington, February 18, 1850. Sir : 1 have the honor to invite your attention to that part of the President's last annual message in which an appropriation is recom- mended for the puri)Ose of surveying and marking the boundary between the Territory of Washington and the contiguous British possessions. The letter of the department to Mr. Hunter, chairman of the Com- mittee on Finance of tlie Senate,, of tlie 15th of July, 1854, a copy of -which and of the estimate to which it refers are herewith enclosed, will serve as data for the appropriation. The ex])ediency of an appropriation, without any dehiy which can be avoided, is further manifest from the note of Mr. Crampton to tlie department of the 9th ini^tant, a copy of wliich is also herewith transmitted. i I have the honor, &c., * W. L. MAUCY. Hon. Jamks M. Mason, i Chairman of the Committee tm Foreign Jlelaiioiis, Senate. i Department of State, ^ Washington, July 15, 1854. Sir : I transmit a copy of a letter of the instant, which I ad- dressed to the Secretary of the Interior, ui)on tlie subject of a demar- ,, cation of the boundary between the United States and the British ■possessions on the northwest, pursuant to the treaty of 1846. It ii VlwTOflA - w. K»A, ./ TREATY BETWEEN THE 1 understood that Governor McClelland rci'crred the letter to Mr. Rober B, ram])bell ibr an estimate. A transcript of Mr. Campbell's lette - y} to the Department of tlie Interior, and of the accompanying estimatc^^^ ^*^. are also herewith transmitted, and I have the honor to request thiP*^^^^ ^ an appropriation for the ])urpose may be made at this session of ConJ^orthw gress. It is believed that a sum of fifty thousand (kdlars, in additioi^^^n'V' to that mentioned in the (.'stimate, Avill be required for raarkingP^^^'*^^^!|* under the direction of the (Joast Survey, the line from tiie middle o^ t"^^' ' the channel which separates the continent from Vancouver's islan(P^*'^**^'^' and thence soutlierly tlirough the middle of tlie said channel, and d*^^' 1^1^'^ Fuca's Straits, to tlie Pacific ocean. r have, iSsc., AV. L. MARCY. Hon. R. M. T. Huntkii, Cliairman of tin; (hmmltlee on Finance, Seriate. spectnt posed, fore in I should market down \ M r. time in felt son the Washington, Fehruary 9, 185f) Sir: 1 have been instructed by her Majesty's government to cal .^'.^^' the serious attention of the government of the United States to tlii™^'^''''**' unsatisfactory and hazardous state of things which continues to exis ^^^'^'^'•^ on the boundary Avliich divides the Territory of Washington from tli' "^ *■ " British possessions occu])ied by tht- Hudson's l)ay Conij)any; am f^l ?" her ]\Iaiestv's government direct me to express their reuret that thei: , '^\ ! ry s governmenr direct me to ('X[,.v.m., ...v... ..^.v.. ..,>v.. ...v.. . . . re})eated remonstrances have not led to any ineMsures which seem ti ^*. have siuu'.eeded in rostrainiug the acts of the authorities of that q^.jv ^ccou i ritorv ^^ •■'"' T o 1 imnied States design; It hi I have already had the honor of addressing your department (in r, note to ]\Ir. Hunter) on the 2Tt]i of duly last, respecting the depreda tioiis committed on the ])roperty of the Hudson's Bay ('ompany ii tlie island of San Juan, by My. l^lllis llarnes, sherilf ot' Whatcoii county, Washington Territory, in virtue of an alleged claim for taxt^ „ ^^ "' diU! to the authorities of the Territory : and I have now the honor !■ *^^"U; enclose the copy of a further letter from tfe governor of the Hudson': Bay Company, together with aceoiiipanyiug (loeunients in regard f' the same matter — from which it apjiears that no reparation wliatevc has been made to that eoinpany for tjic heavy losses which they in curred on that oceasjori. Veil will at once perceive, sir, that the pertaining, under the piovisions of the treaty hv tween (ireiit I'i'itain and the United Sliitts, of iSjCi, lo (lie (huninioi; of their respective* ,';()veruipents. San duaii is one; of tlu' small islands lying in (he gulf ol' (jleorgia between Vancouver's island aiul the main land, and the question wliiel lias arisen between the part'es rigards the position of the ciianm thveiigli the middle of which, by the provisi(uis of the treaty of ISIf the boundary lint; is to be run. com mi merit o matter Shot met by or del both g chanu that tl small incliid siderei the ex that h island is, ace extrei J ry'd, 1856. ' UNITED STATES AND GREAT RRITAIN. 3 to Mr. Rober npbcU's lette ' I" *'^*^' early part of 1848 I had the honor, by the instructions of riDf estimatcher Majesty's government, to propose to tiie government of tlie United ) request thaStatea to name a joint commission ibr tlie j)urpose of making out the ession of CoiiJiorthwest bounihiry, and more j)articularly tliat part of it in the •s, in additioi^^'o^^^*'^''^^'^'^'^ of Vancouver's island; in regard to whicli, as you will for markin"P^^^'^^^'^' from a reference to my note of tlie 13th January of that year the middle o*® ^^^^ honorable James liachanan, tlie Secretary of State of the United uver's island^tates, her Majesty's government already foresaw the jiossibility ot annel, and o*^^' oecurrence of misunderstanding between the settlers of the re- spective nati(»ns; and her Majesty's governmenl, moreover, then pro- posed, in order at once to preclude such misunderstandings, that be- MAiwOY. f<^^'^ instructing their respective commissioners the two governments should agree to adopt as the "channel" designated by the treaty that marked l)y Vancouver in his charts as the navigable channel, and laid down with the soundings by that navigator. .Air. I'uchanan, entirely (;oncuri-iug in the expeiliency of losing no time in determining that ])ortion of the lH)undaiy line, nevertheless felt some objection to adopting the channel markt'd by Vancouver as the "channel" designated by the ti'caty, in the absence of more accu- nment to cal ^*''^^' ge()gra}>hical information; and he suggesteil that the joint eom- States to tln™'''^^'**"'^''''^ when appointed should be. in the first ])lace, instructed to inues to exis survey the region in roceed to the s{iot with those already of Whalcoii designated by the r>ritish government, made no objection, aim for taxc ^^ ^^'^^ been a sul)jiK't of regret to her Mitjesty's government that, tlu' honor I' ^'om causes upon which it is unnecessary to dwell, no a])pointment of llie I I|](i,^(,f,\ commissioner has, uj) to the ])reseiit time, been made by the govern- in re-'ard f "if^i^^^ <•' ^^»^' T^"ited States, and lam now instructed again to ])ress this mattiM' on their eariu^st attention. Should it appear probable, however, that this |>roposal cannot be met by the government of tin! United States without further dilliculty or delay. 1 woidd again suggest the ex[iediency of the ado])ti()n, by both governments, of the channel marked as the only known navigable channel by \'ancouver as that designated by the treaty. It is true that the island (•! San Juan, and ]ierhaps some others of the group of small islands by which the bay of (Jeorgia is stuiled from the surveys of A^mcouver, Kellet, Simp- juited Statestn, and others, and W(Mild seem to establish that even as late as some :nowleilging :iree years subse(|uent to the treaty the great English navigators lent, he refuf^ad hydrogra})lii!rs, as well as the American government, considered ed a number le Canal de Arro, as in the terms of the treaty, the channel which ? restitution ijparates the continent i'rom Vancouver's Island. 'e. ' I shall taice the earliest opportunity to send a copy of your commu- lormation saication and of this lejily to the Secretary of State of the United t Mr. Bariu}states, and in the meantime I have to re('ii)rocate most earnestly your ope that nothing may occur to inteifere with the harmony and goojl on to the saii3eling which should cliaracterize the relations of neighboring States. .\s' })roccediii: manner bv tl ISAAC L ST^:VE^'S, su[)ervisu)n md in the en •escribed law I" disehai'ire I have, i^'C. (rovernor irashington Territory. His Excellency J. Douglas, Es(j[., (h\ ny of Orego: i of Washiiii I^'oi^''' Victoria, September '28, 1855. ts was held i Sik : 1 have the honor of enclosing, herewith, a statement of the file legislativ esses incurred by the Hudson's Bay Company, in consequence of the the county violent and unlawful intrusion of Sheriif Barnes_, with the armed the l)ounds ii)08Be of Whatcom county, and the forcible seizure and carrying away N acts under from the island of San Juan of certain valuable stock sheep, in pay- !h an attempment of taxes levied on behalf and in the name of the United States im to the i'lijf America. That unwarrantable act was committed on the 30th day of March I 6 TREATY BETWEEN THE u\ last, to the surprise of the British inhahitants, who were threati ^,^nny with violence and put in danger of tlieir lives by Sheriff Barnes, ^ ^j his followers. Under those alarinin<]j circumstances all business ..,/ ^^^ for the time suspended, and the ilocks dispersed and driven into. jjy,ii(,\i woods for safety, to the serious loss and detriment of the Br, . . /,. ^ inhabitants. ^ ^ ..,.., , • , • i riven int In my communication of 7th May hist, I transmitted witfi .i ^,^^^^^ Griflin's report a copy of a letter which I addressed to tlie govi:___ of Washington Territory in respect to the outrage committed -jj^ofl'tiv Sheriff Barnes on that occasion, and I now herewitli forward answer to that communication, for the ]_)urpose of establishing tlic:*^**'^ ^ missing in oonsecjucneo ot ttu' tloclts haviiii^ been U' auty of driven into the woods : lOritv VCStC'i -outtidown ewes, at 3.').s-. 4(/ tod in sucli?;r^'''\"''''''*''''l^^^^^^^^^ . Cheviot ewes, at .J.is. 4'i ■eaSOll givt'l Glieviot lambs, at Lis S, that '■' ljvl''ei< ester ewes, at '.V.h. Ad Wasliingto'n'^"''"" "''"'• '''•'"'• *"' lan IS inclliost of collecting and resorting tloeks : that ('Xtr'lc® "'" '" '"^" ^'"^ *^ 'biys, at IL's. G(/. j)er diem , ,1 * ' a of sleaiii vessel Heaver tor protection of property niidisr my charge. .. . llie a(;r.S or of 8 inen for 8 days, hired to protect tile property in my charge, at Via. confers on 6d. per diem , .... tifh ,]/-.».,:„• identiil losses tlirouirli deranoement and suspension of business in conse- tlMi aomini. .^. „f si„,riti- names' violent acts.. Vied on bcl , is a part of 'f""^''' nt — a princi — - - itions • ^" ^'i''l"^s J. 4 f '*** •'^'^''' •^"'J' ^''' '^•''•''' !>, .s ij }jj.j.y|,y c^ii.fify i\xii\, this is tlie sio;natiire of Charles John Griffin, , ,. ,a that he is a person worthy ol credit. ^"'•^ *'* ' ' JAMES DOUGLAS, ■ Governor ay Hoi.-k, December (i, 1855. My [jOud: Witli rc^ference to the depiiiy governor's letters of the 1th and 24th of July, and Mr. Hammond's replies of July KUh and ugust 2(1, J have now the honor to enclose a co))y of Ji letter just re- ived fi-oiii Mr. Douglas, governor of Viincouver's isliiiid, (hited Vie- ria, SepleniltiM' 2S, 1855, covering an Jiccoiint of the (hmiage caused » the Hudson's I'tiy (,'onii>finy by the unjustiliahle proceeilings of the nited States authcwitles in the isle of f^an duan, together with a )py of the further eoi respondeiiiH- on the subject between Mr. Isaac tevens, governor of Wasliingtun 'IV'rritory, and Governor Douglas, have to lieg tliat your lordship v.ill call upon the government of the fnited States to reimburse the Hudson's l)ay ('ompany for the illegal cts of their ofheers. I have, c^jc, A. COLVILI'], Oovernor. Earl of Clahkndon, K. G., tbc, d'c, tt'c. s ! ' iL 9 [ 335 ] 18 and chases of ry of the e Rocky mentions and says, lant inte- ;o of the was inti- e Wash- y the In- lonversa- :en of the Vashing- head of f a river, the ex- posed to 1 no per- ted with purchase ongress re situa- ler lands isactions illy take es south ) Gray's northern he opin- hased of 3 British 1 Boston for the ;y of New signed by y of Sep- Secretary eptember, s Lovel', sums •* a ; that ries on I the northwest coast, which redounded to the glory of their country ; and as the result thereof, our government has sustained successfully its claims to millions of acres of lands which border on the Pacific ocean, and that their investments resulted in a ruinous loss to those who engaged in the enterprise. (See Ingraham's Journal, vol. i, p. 2, vol. iv, p. 180.) It has already been stated that the Spaniard Heceta in 1775 saw an en- trance in latitude 46"^ 16', south of the promontory he calle.! St. Roque, and supposed there might be a river or harbor. In 1788, John Meares, in the Felice from Macao made an attempt to discover it, as will appear from the account of his voyage, page 167, London, 1790. He says: " After we had rounded the promontory a large bay, as we had imagined, opened to our Tiew, that bore a ^ery promising appearance, and into which we steered with every encourag- ing expectation. As we steered in, the water shoaled to nine, eight and seven fathoms, when breakers were seen from the deck right ahead, and from the masthead they were ob- served to extend across the bay ; we therefore hauled out, and directed our course to the opposite shore to see if there was any channel, or if vre could discover any port. The name of Cape Di.sappoivtment was given to the promontory, and the bay obtained the title of Deception bay. By an indiflerent meridian observation it lies in the latitude of 46° 10' north, and in the computed longitude of 235° 34' east. We can now with safety assert that there is no such river as that of Saint Roe exists, as laid down in the Spanish chart'!.'' Vancouver, in 1792, April 27, examined this portion of the coast with Meares's description before hit :, but so formidable were the breakers and shoal-waters that he, not considtring this opening worthy of more atten^ Hon, continued his pursuit to tlie northwest. On the afternoon of the 29th, the next day but one, he met the American ship'Columbia, commanded by Mr. Robert Gray, belonging to Boston, whence she had been absent nine- teen months. Her Captain, Gray, informed hmi of his having been ojf the mouth of a river in the latitude 46° 10', where the outset or reflux was so strong as to prevent his entering for nine days. " This was proba- bly," adds Vancouver, in his journal, '-the opening passed by us on the forenoon of the 27th ;" and as if determined to put on record his confi- dence in his own superior sagacity, and Jiis discredit of the observations of the American captain, he says : " It must be considered as a very singular circumstance, that in so great an extent ol seacoast we should not until now have s«en the appearance of any opening in its shores which presented any certain prospect of affording shelter, the whole coast forming one covi- pact, solid and nearly straight barrier against the sea." But the interview with the British commander served not to discourage, but to arouse the energy aud spirit of the American captain, who returned to the dangerous opening, resolved to enter it and brave its perils. The annals of commerce can show but few instances of similar perseverance and daring on the part of a merchant captain. It required more than common resolution to be the first to hazard life and property in that imknown solitary wilderness of breakers, reefs and shoals, not for the sake of pecuniary reward, but to discover and make known to the civilized world the existence of a mighty river, which had for ages rolled in undis- turbed solitude through an unknown portion of the globe. Captain Wilkes, in his valuable narrative, vol. iv, p. 313, says : " Mere description can give little idea of the terrors of the bar of the Columbia. All who have seen it have spoken of the wildness of the scene, the incessant roar of the waters, representing it as one of the most fearful sights that can possibly meet the eye of tho sailor." , From the log-book of the ship Columbia it appears that Captain Gray Mi [ 335 ] 10 stood in for the shore May 71 h, 1792, and beat about among the breakers, &c., till about noon of the 11th, " lohen we -were over the bar v:c found this to be a river of fresh water, t'p which we steered.'^ Extracts from this log-book are published in House report No. 213, 19th Congress, 1st session, p. 7; also report No. lOJ, 2-5th Congress, 8d session, p. 47-8-9, and Senate document 174, 2r)tli Congress, 1st session, p. 12o, from which it appears that Captain Gray sailed up this river about fourteen miles, and remained in it until the morning of the 21st May. He named it Columbia, after ihe name of his ship. The north site of the entrance, which Meares called Cape Disappointment, he gave the name of Cape Hancock! the south, ^dams Point. In the log-book, under date of ''Tuesday, May lo," we read : "At 10 a. m., unmoored and dropped down with the tide to a bel- ter anchoring pl'^ce. Smiths and other tradesmen constantly employed. In the afternoon Captain Gray and Mr. Hoskins in the jolly boat went on shore to take a short view of the country." We find upon the north side of the river, Gray^s Bay and Gruy's Point laid down in our government surveys. In the correspondence submitted we have the declarations of the officer of the- Columbia who first landed, that he recollects hoisting the American flag and planting some New England pine-tree shillings under a tree. Your committee have had before them the original day-book in which entries were daily made of the articles of traffic disposed of, under the dates of the transactions, and the points touched at by the ship. These entries arc found to corroborate the log-book and the history of that discovery. The merit of this discovery cannot be disputed. The geographers of the world have adopted the name which Gray gave to it. Vancouver at last (p. 388 — 393) fully admitted the discovery, and admits that he is indebted to Captain Gray for charts of this latitude. Your committee have also had submitted to them an original map of the northwest coast, by John Hoskins, supercai-go of the ship Columbia, bear- ing date 1791 and 1792, upon which the coast and river is laid down, as well as the island of Vancouver and the straits, with a striking degree of accuracy for that early period, and proving incontestibly that this river, which is found on no previous map or chart, was then explored and mapped. The Spanish government, in 1802, printed at Madrid, by royal order, a work entitled " Viage del Sutil Mexicana, en 1792," which says, (p. 157:) " September 4, 17i)2 — We found the shape of the land in sight to con- form with that of a plat of survey made by the active American navigator, Gray, of the river which he called Columbia, after the name of the ship which lie commanded." Ingraham inserted a chart of the coast in his journal, (vol. iv, p. 206,) under date October, 1792, and says — "Every part of the coast south of cape Flattery and Pintardo sound, are from Captain Gray's information." The Columbia river is laid down for several miles from its mouth. There is abundant evidence that these purchases, designed to establish permanent .settlements upon the lands thus discovered, explored and purchased — were taken possession of in the name of the Uni- ted States. Mr. Barrell, in his first proposition, conceived the idea of a valuable acquisition to the country, and at the same time of a trading establishment of great importance. As soon as he learned from Captain Kendrick that these purchases had been made, lie opened a correspondence with a prominent house in London, through whom he endeavored to pro- ▼ 11 [ 335 ] breakers, v'c found acts from gress, 1st . 47-8-9, om wliich ailcs, and 'OLUMBIA, h Meaj-es the south, ' 16," we to a bet- mployed. t went on north side )vernment ons of the listing the :s under a in which the dates se entries [liscovery. 3rs of the er at last s indebted nap of the ibia, bear- down, as ng degree this river, 1 mapped. I order, a (p. 157:) it to con- navigator, f the ship ast in his -" Every are from or several purchases, iscovered, f the Uni- idea of a a trading n Captain spondence •d to pro- cure emigrants from all the nations of Europe, rather than to draw uj)on the more sjjarcc po))ulalion of this then infant republic. Caj)tain Kencirick, in his letter to Hon. ThoiiAas Jefferson, Secretary of State, enclosing the deeds and seeking the pi'otection of government for the SL'Curity of the rights thereby acquired, makes allusion to some future set- tlement, and to the benefits resulting to the Union from possessions on the coast. ]3ut the accidental death of Ca})tain Kendrick (see Jarvis's History ot SfUidwich Islands, p. 166) by the premature discharge of a national salute, and the entire loss of the vessel with her cargo while under the com- mand ol his clerk, stiuck a deathblow to these hopes. The projectors of this daring enterprise beheld others availing thciuselves of the results of the exploration made by their capital and at the risk of their lives, and aided by the example they had been the first to set, reaping rich returns, while they themselves lost all they had invested (save these purchases*of lands then of unknown value,) and were disap})ointed in their long-indulged pros- pects of success. Ca})tain Robert Gray dieil soon after, leaving his widow and four daugh- ters, who have supported themselves by their own exertions. The origi- nator of the enterprise and the principal owners are believed to have died insolvent. The disastrous result of the Astoria settlement upon the Columbia river, a few years after, so afTected the commercial world that no inducement could encourage the survivors of the owners or the heirs of the deceased to migrate thither, but they have never ceased to implore the government to extend v.s protection to their claims. Among the letters submitted to your committee is one from Charles Biilfu.u'., who was the last survivor of the original owners, addressed to his f oi.s, Febru:iry 19, 1830, in which he says that be has flattered himself that if a settlement or colony was estab- lished on Coliunbia river, government would make a grant of land in con- sideration of theii- being the first discoverers, and having opened to the country a very lucrative commerce, of which they had not profited. That upon consultation with one of the sons of Joseph Barrell, they agreed to go togethei' to Mr. Rush, who had just returned home, and not being in the aduunistration, could give them an ullbiassed opinion. That Mr. Rush was of opinion that any body of adventurers or colony who should settle on the north bank of that river would be driven off, or be obliged, to submit to the jurisdiction of England. That after much consideration he suggested that the best chance of obtaining any atlvantage from the claim would be, that Congress should condition that m any treaty ot b.)undary the rights of original purchasers should be recognized ; ami from I he general liberality of the British government he presumed they would do so. The claimants have from time to time petitioned Congress for a recogni- tion of their rights, and for some reward for their sacrifices in making these discoveries. A bill was rejmrted in the House ilaring the thirtietii Con- gress, granting ten sectior.s of land in the territory of Oregon to the widow (if Robert Gray, upon her separate application, but it never became a law. (Mr. Brodhead's Report, No. 602, I](3th Congress, 1st session.) The services of Captain Robert Gray, however meritorious, could nevei; have been rendered to the country had it not been for the remarkable saga- city, bold enterprise, and large investments of Joseph Barrell f.nd his associates. The government of the United States always claimed title to the coast [335] 12 from the forty-second degree to 54° 40' north parallel, embracing the y*st and valuable territory drained and watered by the river and its branches. It held in the Department of State the copies of the deeds from the native chiefs, and the letter which enclosed them, from Captain Kendrick, who desired to secure the property in the lands to his owners, through himself, and the jurisdiction thereof to the United States. During the administra- tion of President Jefferson an expedition was fitted out by the Executive under Lewis and Clark, to explore the section of country which these claimants had previously discovered, and a portion of which they claimed to have purchased and taken into formal possession. The annual messages of our Presidents, Monroe and Adams, recommended Congress to turn their attention to " our coasts along many degrees of lati- tude upon the shore of the Pacific ocean." Mr. Adams, in his message to the nineteenth Congress, says : ■ " The river of the west first fully discovered and navigated by a countryman ef our own, : I still bears the narae of the ship in which he ascended its waters, and claims the protection of our national flag at its mouth." A private correspondence between the government and the surviving owners in 1816 and 1817, was filed with the memorial, ((j.) Tne Department of State has likewise had possession of the journals of Captain Ingraham, who was upon the coast during the years these events took place, and who confirms their history. Scarcely has there been held a session of Congress since that period, but in it some report has been made » which referred for our title to this discovery and claim. Messrs. Gallatin arid Rush most firmly maintained this at the court of St. James, in 1818, (American State Papers, vol. iv. ; Foreign Relations, vol. iv., p. 381 ;) and again, in 182o-'6 (see British and Foreign State Papers, pp. 499, 509 ; Wheaton's Elements of International Law, part ii._, chap. 4.) By the treaty of 1846 the government of the United States for the sake of peace, and v,o avoid a war involving an expenditure of millions of money and the sacrifice of the lives of thousands of its citizens, relinquished to Great Britain the jorisdiction and the soil of some three hundred miles of territory claimed by the former on tl\e Pacific coast. In concluding this treaty it was of course never supposed that the rights of any American citizen claiming an interest in the t^'rritory thus yielded to the British crown, were put in jeopardy. While the treaty, however, con- firmed to British subjects residing on that portion of the territory which was confirmed to the United States, their possessory rights to their lands, no such provision was made in favor of American citizens claiming rights north of the divisional line established by the treaty. Asi to the portion of country lying north of the forty-ninth parallel of latitmle, and embracing also the whole of Vancouver's island, the jurisdiction and title has passed to Great Britain, and whatever might be the views of this government in regard to a recog- nition of the claimant's interest, either legal or equitable, to the land theri'in covered by the Indian deeds, there remains no power in this government to confirm the title. But vithin the portion of country retained by and con- firmed to the United Scates by the treaty, there remains about two degrees of latitude by four of longitude covered by these (purchases, as claimed in the memorial to have been made of the native chiefis in 1791, and as appears to be sustained by affidavits respecting the deeds which are lost, admitted by the English navigators and authors of tliat early day, and repeatedly i i i 13 [335] the y*st branches, he native rick, who 1 himself, ministra- Ixecutive ich these y claimed mmended es of lati- lessage to ef our own, trotection of survivmg Durnals of ;se events been held )een made . Gallatin , in 1818, 381 ;) and 199, 509 ; ' the sake of money [uished to 1 miles of the rights yielded to aver, con- vhich was s, no such »rthof the itry lying he whole t Britain, » a reco^- id therein •nraent to and con- 3 degrees laimeil in s appears admitted ^peatedly referred to in the public documents and reports to Congress. The memo- rialists ask to have the title to this tract of land confirmed to them. The purchase of lands of the Indians, by individuals, was at an early (lay prohibited by the authorities of the British nation within the region claimed to be subject to her jurisdiction. In 1783 a proclamation was issued by the American Congress, prohibiting all such purchases of land without the limits or jurisdiction of any particular State, without the express authority of Congress, and declaring every such unauthorized purchase void. This prohibition evidently had relation to purchases in the Indian country lying within the boundaries of the United States, but beyond the limits of organized States. The region of the Pacific coast could not, at that time, have been within the contemplation of Congress in this pro- clamation. It was then in effect a foreign as well as an unexplored country It is true that some of the original grants of land made by Great Britain on the Atlantic side of the continent, were specified to run westwardly to the "great South sea," yet these grantors had neither jurisdiction nor know- ledge of the immense country between the Mississippi and Pacific coast, and xt the time of its first exploration Spain had jurisdiction and posses- sion admitted by all parties of the extensive valley of the Mississippi, stretching from the Gulf of Mexico to the latitude of the northern lakes. This broad extent of country, long held in uninterrupted possession by Spain, effectually divided the jurisdictional limits ot the United States from that unknown territory beyond. It was not until after the discoveries of the coast on the Pacific side of the continent, and the incipient establish- ment of stations for the fur trade and the cession of the dividing region of Louisiana to the United States, that explorations were ordered, the right to the country claimed, and jurisdiction asserted and maintained by our owr: government. It may well bo doubled, then, whether the proclamation of Congress })roliibiting purchases of the Indians, can be regarded in any sense as apply- ing to purchases made on the Pacific coast at the time of the visit of the Columbia and the Washington to that region. It would seem more in accordance with the truth to regard that country as new and unexplored ami unappropriated by civilized man. Approached only by the ocean, it shculd be regarded like the islands of the Pacific, subject to discovery and possession by the new coiners, whose rights as between diflferent claimants and in regard to the uncivilized native inhabitants, should be those which peitain to the recognized laws of newly discovered lands. The principles relative to such new discoveries, it is believed, are well set- tled in the code of civilized nations. The citizen of any coiuitry first tak- ing' possession, does so in the name of his nation, and the juilsdiction ot the countiy, with the exclusive light to the soil, subject to the possessory right of the natives, invests in the government of him who first asserts and maintains possession. The right to extinguish t'.e possessory title of the natives does not rest in the individual discoverer, but in his government, and a purchase thus nidde by him of tlu- natives would, it is conceived, give no title as against his government, >inless made with the previous con- sent of the latter, or subsequently confirmed by the proper authorities of his nation. If this view of the subject be correct, it follows, that the owners of the two vessels acquire no title in the land by their purchase of the Indian chiefs. It docs not fi-dow, however, that they are the less entitled to the : -535 ] 14 m 1 • coiisidrTHlion of llicir ^nvcrnmcnl for the benefit bestowed on the latter by the iicjioliiitioii iinil piiicliase. On the contrary sncli services attended with siidi i)eneficial results, at the instance and cost of the indivi(hial citizen, woidd seem to present a strf)ntij claim in his beiialf to the consideration of his t^overruiH'nt. The mere discovery ol a ( ountry inhabited only by savages is not alone sudicient to secure an a|t]n()j)riation of it by the nation in whose name the discovery is made. If no actual jiossession is taken, or a mere nominal jiossession, (ollowcd by an immediate abandonment, is all that can be claimed, other nations may take possession by settlement and actual continued occupancy and colonization may become the rifjjhtful owners. In deciding on the strenjvth of the claim ot a civilized nation in such case, every cir- cumstance \\hich relates to the discovery, the possession, the settlement and the continued claim of lioht are reji'arded as important. And the relations established with the native chiefs and inhabitants of the country, especially where the consent of the latter to the establishment of colonies, the proffer of amicable and exclusive riohts of tralhc, and the s:;rant"of lands for pur- pose of settlement camiot be disreo-arded. It is diflicult to conceive of a slroniivr circumstance in estaldishing our national right to the country, than that which is exhibited by the facts connected with this purchase, and the oft-repeated admoriition of the natives to the adventurers of other na- tions declaring the rights ot the Americjjn navigator l)y solemn compact ami grant to the tetiitory and the kind relations established between them and the chiefs. The value of tlie discoveries made by these vessels to the American people n\ust not be oviM'looked or lightly estt'cmed. The intrt>pid and nobh' marini'rs who first left our ports and doubled the cape, in ciimpli.iui'i' with their instructions from the merchant-owners, not to stop at any porf ot'the western coast known to the European world, un- less driven t!ier(> l>y some unavoidable accident, merit the highest tribute ot n-'ijicci which can be paid to their memories. Whilst other nations were tilting o\\\ iheir i(\val shins, commanded by ofHcers ot liigh naval rank, commissioned b\ IimiIs o( admiralty, and sustained at honie by the royal treasury, wi> behold these Innnble men, inspired by the ambition which burned in tlu> Amerii'an breast in the infancy of our repuldic. sailing forth in >^hips named in honov of the discoverer of our continent and of the father of our liberties, and bearing tor their sia-letter George Washington's re- {juest to the t-mperors and potentates of the worhl, that they would receive them M'ith kindness and in a becoming maimer, and thereby he would con- siilt r liimsilf under much oMiiration. Captain .lohu Kendrick and Robert Gray each found an early grave, and tiieir children and widow now appeal to our sympathies tor some testis .ial ot their sci vices. The ledger o[' the owners shows tlie items of the oriixi- nal invoice to the amount of upwards o\ i'7,000. Let to this be addt-d the cost of the vessels and outfit, with interest — which also proved to be a total loss to the owners — the aofgregate would be tlic pecuniary amount ex- pended by the claimants. The ciMvunittee do not torcet that, in the discussions which have hereto- fore betn* had on the subject oi the American title to tliv Oregon country, tlie riiiht lias n t been rested exclusively on -liscovery and possession l>y Americans. The early Spanisli navigators— the first to sail along the coast AvA to plant the cross and the stamlard of tlieir countrv on its shores, in f 1 15 [ 333 ] latter by 'nrled with al citizen, leration ot' not aloni! name the "e nominal »e claimed, continued n decidinji every cir- ement and relations especially the ])rofrer s for })ur- ceiA'e of a country, chase, and other na- i compact veen them American nihlcd the vvners, not ivorld, un- tribute at ions were ival rank, the royal ion which ling tbrtli the tathcv Eton's re- lid receive ■ould con- rrave, anil I'sti .1 .ial the iM'iiri. he addfd m1 to be a nount ex- "0 hereto- country, fusion l>v the coas't dioies. in tlie name of their sovereign — were also invoked as witnesses of the right of Spain to the territoi'y; which rights were, by the treaty of 1S19, tianferred to this nation. IJut, in all these discussions, reliance has not been placed exclusively on this ground. The historical incidents, to which relerence is made in the report, have also unifoindy, although to their full extent, been adduced in proof of the title of our nation to the country on the western portion of this continent. The discovery of Captain Gray, followed, as it was, in a reasonable time with tlie explorations of j^ewis and Clark, in 1803, upon the recommendation of President JelFerson, and by the settlements on the banks of the river, in 1811, called Fort George, or Astoria, which having been taken by the "Racoon" during the war with Great Britain, was subsequently, on the Gth day of October, 1818, restored, in conformity with the first article of the treaty of Ghent, as a territory, place and pos- session taken from us, is at least as strong a title to the Oregon country as that by which distant territories are usually held by civilized nations. If to these the character and objects of the American navigators are added ; the amicable relations between them and the acknowledged chiefs of the country ; the grants to them of lands of large extent, and the'r occupation of it, it mj.y well be doubted whether even Spain herself could exhibit a better claim, founded on her intercom se with the region, than that which is made out, under the principles of international law, by the acts of these enterprising American explorers. From a careful review of the history of these discoveries and possessions, scattered as it is in detached portions through volumes relating only incidentally to the subject, and in the jour- nals of the navigators of other countries — and in manuscripts to which the reading public have no access, we can scarcely retrain from the exclama- tion that the value of the services of these men has never yet been duly appreciated by their country. Tliey have done enough to secure to the nation the extensive and rich region v.^ashed by the Oregon, and looking out on the Pacific, riow just beginning to be whitened by the sails of all commercial nations on the globe. Fame has scarcely deigned to notice their nobk- enterprise ; and pecuniary compensation has rewarded neither them nor their children. The toil, the hazard, the loss was tfieirs ; the fiuit of all was not for the toilers— it was thrown into the lap of their country. The appeal of their surviving representatives is made to that couHtry for a recognition — small though it may be — for a recognition of their services and their merits. The conunittee could not of course, in any ordinary case, recommend a comjxnsation " to be given for services in connection with the early explo- rations or settlement of the newer portion of our wide-extended domain. The services in the case under consideration are, howevei', ol so peculiar a character that they believe the government owes it to the uierits of these, men and their services, to depart from the general rule and to make them some compensation in land, in the region where their services were per- formed and where the puichases were made of the native Qhiefs. They therefore herewith re})()rt a bill giving to the widow of Captain Gray, and to (he children of Captain Ivendrick, and each of the owners oi the two exploring vessels live sections of land. This snuill giant, although in- significant in ])ecuniary value, may yet adnrd a solace in the declining years of some of the petitioners, while it will j)rove to them all, tliat time has not obliterated from the memory of their cuundy the worth and iho services of their ileparted relatives. J [335] 16 Ui m APPENDIX. A. Orders given Captain John Kendrick, of the ship Columbia, for a voyage to the Pacific ocean. Sir : The ship Columbia and sloop Washington being completely equipped for a voyage to the Pacific ocean and China, we place such confidence in you as to give you the entire command of this enterprise. It would be impossible upon a voyage of this nature to give with propriety very bind- ii)g instructions, and such is our reliance on your honor, integrity and good conduct, that it would be needless at any time. You will be on the spot, and as circumstances turn up you must improve them ; but we cannot for- bear to impress on your mind our wish and expectation that the most invio- lable harmony and friendship may be cultivated between you and the natives, and that no advantages may be taken of them in trading, but that you endeavo'" by honest conduct to impress ujion their minds a friendship ic- Americans. **##**» If -you make any fort or improvement of land upon the coast, be sure you purchase the soil of the natives, and it would not be amiss if you pur- chased some advantageous tract oi land in the name of the owners, if you should let the instrument of conveyance bear every authentic mark the circumstances will admit of. * * * You will constantly bear in mind that no trade is to be al^wed on the coast, on any pretence whatever, but for the benefit of the owners. # * * You are strictly enjoined not to touch at any part of the Spanish dominions on the western continent of America, unless driven there by some unavoidable accident, in which case you will stay no longer than is absolutely neces- sary, and while there be careful to give no offence to any of the subjects of his Catholic Majesty, and if you meet with any subjects of any European prince, you are to treat them with frieni!"=!hip and civility. The certificiUe you have from the French and Dutch consuls you will make use of if you meet with any ships of those nations, and you will pay them every lespect that is due to them. The sea lette; s from Congress and this State you Avill also show on every proper occasion : and although we expect you will treat all nations with respect and civility, yet -we depend you will suffer insult and injury from none without showing that spirit which will ever become a free and inde- pendent American. \ '4 I I i.^ ^or a voyage Jly equipped onfidence in It would be '' very bind- ty and good on the spot, cannot for- most invio- ou and the ig, but that a friendship ast, be sure if you pur- lers, if you R mark the constantly ly pretence * . . You )minions on inavoidable tely neces- he subjects cts of any ■p. is you will id you will vv on every itions with njury from AlfD INDE- i 17 [335] UNITED STATES OF AMEUiCA. D E P A R T M E N j.' ( » F STAT E . To all to whom these presents ahnll come, greeting : I certify, that the papers hereunto attached are true copies of papers on file in this department. ' In testimony whereof, 1, James Buchanan, Secretary of Stale of the I- T United States, have hereunto subscribed ray name, and caused '- 'J the seal of the department to be ailixed. Done at the city of Washington, this 9th day of February, A. D. 1849, and of the independence of the United States of America* the seventy- third. *• JAMES BUCHANAN. On JJo ard the Sfiip Lauy VVasuington', Harbor of Maw-win-na, St. Clair's Island, ' JVnrtli-ivest coast of Jhnerica. Sir : I have the lienor to address you on a subject which I conceive the honor of I he goveriiinent of the United States to be interested in, and the following relation of which I request you to lay before the President, hoping that in his humanity the oppigrssed will find a protector, and by the repre- sentations he, iii his wisdom, may direct to be made to the court of Madrid, the unfortunate may be relieved. In the year 1787, an expedition under my command was fitted out from Boston, for prosecuting the fur trade on the north-west const of America, and, after doubling (/ape Horn in a very tempestuous season, my ship, the Columbia, was considerably disabled, and 1 was i:i great want of both water and wood. My tender, the Washington sloop, had parted company with me ofl' the cape, and I had no other alternative than repairing to some of the Spanish settlements in the South Pacific ocean, for the purpose of refitting my vessel and procuring some necessary supplies. I therefore bore away^ for the Island of Juan Fernandez and arrived in Cumberland bay the 34th of May, 1788. We were immediately visited by a Spwnish boat with two officers in it ; and on their return, my first officer, Mr. Ingraham, was sent on shore to request permission to ar.jhor and continue there a few days, which the governor, Don Bias Oiuzalez:, major in the cavalry of his Catholic Majesty, very humanely granted, making such stipulations with respect to the term of. oi;;- continuance at, the island, and the conduct to be observed during that period as evinced him to be a cautious, vigilant and prudent officer. Our communication was through the medium of the French language, imperfectly understood by both parties, until the 28th following, Avhen a Spanish ship arrived olF the bay to receive the governor's despatches for Chili, on board of which was a Frenchman, who was sent on shore for the purpose of more fully examining our passports, &c. A copy of my sea-letter bom the Congress of the United States, and the olficial letter of the Sieur TEtombe, consul of France for the States of Massachusetts, &^:., Rep.— 2 M I n \\ L PI I r [ 335 ] 18 were given the governor, and on the tlay of my intended (leparture I re- ceived from him the letter, of which the enclosed is a copy, three days after the date of which, being detained the intermediat(* time by a gale of wind, I proceeded on my voyage to this coast. In consequence of the abuse of power by his catholic Majesty's servants in his American governments, or by an untrue and malicious statement of the facts by some secret enemies, Don Bias Gonzalez has been deprived of his employments and treated with considerable rigor and injustice ; and the only crime imputed to him i.? his humane conduct towards me and my crew in 1788 — a conduct which d).d honor to him as a man, and was, I conceive, perfectly consistent with the amity and good understanding subsisting be- tween the court of Madrid and the United States. But the affair will be best explained in his own words in a letter to my son, who touched at Valparaiso, in Chili, in the ship Jefferson, Captain Roberts, of Boston, in June, 1792, and who communicated the first intelligence of it to me. [Extract.] * " No se sabra N. Md. como desde que se supo en esta que yo havid dado hospitaledad a dho su padre, se me desposa tiel gobierno por esta Capitania General por und equivocada intelligencia que se formo sobre a quel sueceso; y que aunqiie el rey, mi sefior, aprovo la conducta que ob- serve entonces, con toda hasta, ahora estoi padeciendo las resultas, por la suma distancia en que por mi desgracia, me tiene constituido la suente de este remoto destino ; no obstante de las diligenzasempenosas 9e he practi- cada pd. vindica, me arreglada conducta ; y de haver escrits k Monsieur I'Etombe, consul de Francia en Boston, y u dho su padre, paraque me fiivoreciessen en lo que buenamente pudiesscm : cuyas resultas ignore, por no saben si recibieron mis cartas. '*Si N. Md. Gusta de Escibirles asociado de su capstan, sobre este par- ticular, y recomendarme pd. que me protexan, se lo estimaria mucho : encuyo caso puede N. Md. Entregarlas Cartas al Cavallero Don Manuel Porrasia, necino de esse puerto, y portade de este, que es amigo de todo mi confianza." (Santiago de Chili, 20 de Junio, de 1792. In consequence of the requst made by Don Bias Gonzalez, Captain Roberts and my son wrote the owners of the Columbia and Jefferson, requesting them to make such a representation to the United States as they pointed out. As they appear to have mistaken the contents of the letter from Don Bias, I have done myself the honor of offering you the foregoing statement of facts ; and as hjg doubtless rendered me those servicei, for which, in the sea letter, the United States declare they shall *' stand willing indebted," I hope the affair will have proper attention paid to it. I have now only to request, very earnestly, that any mode of proceeding which may be adopted for the relief of Don Bias Gonzalez, may be executed with all convenient expedition. I need not use any persuasive arguments to interest the officers of the government of the United States in behalf of the unfortunate gentle- man who has been the subject of this letter ; as the principles of our excel- lent constitution as well as their native humanity, must render them enemies of oppression. I have [he honor to be, with the utmost deference and esteem, honorable sir, yovir most obedient and most humble servant, JOHN HENDRICK. Hon. Thomas Jefferson, Secretary for the JJtpartment of State. 19 [335] 'parture I re- y, three days ; f>y a gale of ity's servants stHleruent of 1 deprived of ice ; and the and my crew ', I conceive, ubsisting be- affair will be touched at »f Boston, in to me. iue yo havid no por esta rmo sobre a eta que ob- Liltas, por Ja a suente de B he practi- a Monsieur paraque me ignojo, por e este par- ria mucho : 'on Manuel go de todo ain Roberts requesting mnted out. Don Bias, tatement of in the sea Jebted," I nv only to be adopted convenient he officers ite gentle- our excel- in enemies honorable HICK. Don Bias Gonzalez, scirgento tnayo de cavalleria de los exercitos de su magestad, y governado politico y militar de esla jjjaza i: islas df Juan Fernandez : Certifico, que haviendo arribado a este pucrto el Capitan Juan Kendrick, de la nacion Bo.stoneza, en la fragata de su mando nornbrada la Columbia, con tres oficiales subalternos, y trienta seiz hombres de tripulacion de la propria nacion, comicionado por su republica a viajar por todo el mundo, el veinte y quatro de mayo proximo pasado, a pedirnie la hospitalidad, expo- niendome para ello los por el Aermino de seis dias, de cuya determinacion di parte iil Excellentissimo Senor Vir, rey de Peru, y a, la capitania general del reyno de Chili; haviendoee delenido quatro dias mas de los concedidos, por la razon de lo.s muchos Aquaceros, que mediaron ; sin dar la menor nota, assi los enunciatios oficiales, como la demas fripulacion, ni flaltar a lo mas minimo de quanto tstipularon con migo, antes de permitules la entrada en este puerto ; y para que conste doi la presente a pedimento de dicho Capitan J. Kendrick, en esta isla de Juan Fernandez, a tres dias del raes de Junio, de mil, setecientos, ochenta y ocho anos. BLAS GONZALEZ. Pout Independence, on the Island of Honv. Kong, March 1, nm. Sir: I have the honor of enclosing to you the co])its of several deeds by which the tracts of land therein described, situated on ifilar^ds on 'he north- west coast of America have been conveyed to tne anrl ni}' heirs forever by the resident chiefis of those districts, who 1 pr.'-'sume were the only just pro- prietors thereof. I know not what measures are necessary to be taken to secure the property of these purchases to me, and the governnunt thereof to the United States; but it cannot be amiss to transmit them to you, to remain in the office of the Department of State. My claim t» those terri- tories has been allowed by the Sj)anish crown ; for the purchases I made at Nootka were expressly excepted in a deed of conveyance of the lands adja- cent to and surrounding Nootka sound, executed in September last, to El Senor Don Juan Francisco de la Bod ga y Quadsa, in behalf of his Catho- lic Majesty, by Maquinnah and the other chiefs of his tribe, lo whom those lands belonged. When 1 made these purchases I diil it under an impression that it would receive the sanction of the United States, and that should an act of the legislature be necessary to secure them to me, 1 should find no difHcully in obtaining it. The future commercial advantages which may arise from the fur trade, besides many other branches which are daily opening to the view of those who visit the northwest American coast, may perhaps render a settlement there worthy the attention of some associated company under the protection of govermnent. Should this be the case, t'he posse«tsion of lands previously and so fairly acquire!, would much assist in canying the plan into effect. Many good purposes may be effected by the I'nion having possessions on that coast, which I shall not presume, sir, to point out to you and the benefits which have accrued to individuals by similar pui- w [335] 20 \m 11 chases to ihose I hdvt; made in our own States, are too well known to need a remark. I have tliL' honor to be, with the utmost respect and esteem, sir, your very liurnhie servant. - JOHN KENDRICK. The IJon. Thomas Jefferson, Secretary for the Department of State. Endorsed : Kexdkick, John — Hong Kong, March 1, 1793 — received October 24, covering several Indian deeds. To all persons to v.hom these presents shall come : I, Macquinnah, the chief, and with my other chiefs, do send greeting: Know ye that I, Mac- quiiiruih, of Nootka sound, on the north-west coast of America, for and in consideration of ten muskets, do grant and sell unto John Kendrick, of Boston, comuKmweallh of Massachusetts, in North America, a certain har- bor in said Nootka sound, called Chastacktoos, in which the brigantinci Lady Washington lay at anchor on the twentieth day of July, 1791, with with all the land, rivers, creeks, harbors, islands, &c , within nine miles jiorth, east, west and south of said harbor, with all the })roduce of both sea and land ajipertainiiig thereto ; only the said John Kendrick does grant and allow the saiil Maquinr;ah to live and hsli on the said territory as usual. And by these presents does giaiit and sell to the said John Kendrick, his heirs, e>a'cut0is and administrators, all the abovementioned territory, known by the Indian name Chastacktoos, but now by the name of the Safe Retreat harbor; and also do grant and sell to the said John Kendrick, his heirs, executors and administrators, a free passage through all the rivers and pas- sages, with ail the outlets which lead to and from the said Nootka sound, of whicdi, by the signing these presents, 1 have delivered unto the said John Kendrick. Signed with my own hand and the other chiefs', and bearing even date, to have and to hold the said pi luises, &c., to him, the said John Kendiick, his heirs, executors, anil administrators, from henceforth and forever, as his property absolutely, without any other consideration whatever. In witness whereof i have hereunto set my hand and the hands of my other chiefs, this twentieth day of July, one thousand seven hundred and nmety-one. MACQUINNAH, his X mark. [l. s.] WARCLASMAN, his x mark. [l. s.] HANNOPY, his x mark. [l. s.] CLOPHANANISH, his x mark. [l. s.] TARTOOCHTHEEATTICUS, his x mark. [l. s.] CLACKOEENEH, his x mark. [l. s.] t I ■1 miv.Hi nown to need em, sir, your NDRICK. 33 — received }uinnah, the liiat I, Mac- I, for and in iendrick, of certain hai- ' brigantine 1791, with 1 nine miles of both sea 's grant and y as usual . indrick, his ory, known ^fe Retreat his heirs, rs and pas- tkji sound, ! said John nd bearing »5 the said henceforth isideration ids of my ndred and [l. s.] [l. s.] [l. s.J [l. s.] [l. s.] [l. s.] ^ 21 Signed, sealed and delivered in presence of- JoHN Stoddard. John Redman. Thomas Foster. William Bowles. . John Maud, Jr. Florence McCarthv. John Porter. James Crawford. Robert Green. John Barber. A true copy from the original deed. Attest : [ 335 J. HOWEL. To all people to whom these presents shall come : I, Norry Youk, the chief, with iny other chiefs, do send greeting: Know ye that I, Norry Youk, of Ahasset, on the north-west coast of America, for and in consid- eration of six muskets, a boat's sail, a quantity of powder and an Amer- ican flag, by the fri:'e consent of the other chiefs concerned, rlo bargain, grant and sell unto John Kendrick, of Boston, commonwealth of Massa- chusetts, in North America, a certain harbor in said Ahasset, called by the natives Chenerkintau, in which the brig Lady Washington lay at anchor on the fifth day of August, 1791, which is situated in latitude 40° 50' north, and longitude 1^7° 08' west, on the north side of the Sound of Ahasset, being a territorial distance of eighteen miles square, of which the harbor of Chenerkintau is the centre, with all the lanrjs, mines, minerals, rivers, bays, harbors, sounds, creeks and all islands, with all the produce of both land and sea ; and by these presents, do grant and sell to the said' John Kendrick, his heirs, executors and administrators, all the above men- tioned territory, known hy the name of Ahasset, and the harbor by the Indian name of Chenerkintau, but now by the name of Kendricks' harbor: and also, do grant and sell to the said John Kendrick, his heirs, executors and administrators, a free pass through all the rivers and passag(^, with all the outlets which lead to and from the said territory, of which tue signing these presents I have delivered unto the said John Kendrick, signed with my own hand anil the other chiets, to have and to hohl the said territoi'ial premises, &c., to him, the saifl John Kendrick, his heirs, executors and atlministrators, from henceforth and forever, as his property absolutely, without any other emolument or consideration whatever. In witness hereof, I have hereunto set my l>and and the hands of my other chiefs, I his ffth day of August, one thousand seven hundreil and ninety- one. NORRY-YOUK, his x mark. [l. s.] APPULS, his X mark. [l. s.] KISSULS, his x mark. [l. s.J ][AW.WEfTPARSUM, his x mark. [l. s.J Signed l:»y Norry- Youk for his son. ii» V I 335 ] 2& :■ I' Mi IS Signed, sealed and delivered in the presence of us- JoHN Williams, John Redman, William Bo\vf:ll, Jno. Stoddard, William Bowles, Robert Green, John Barber, John Porter. A true copy from the original deed. Attest : J. HOWELL. To all people to whom these presents shall come : J, Wickananish, chief of Clyoquot, with my other chiefs, do send greeting : Know ye, that I, Wickananish, of Clyoquot, on the north-west coast of America, with my own free will and consent, and the consent of ray other chiefs, for the con- sideration of four musketsj a large sail, and a quantity of powder, (they heing articles which w^e at present stand in need of, and are of great value,) do bargain, grant and sell unto John Kendrick, of Boston, commonwealth of Massachusetts, in North America, a territorial distance of eighteen miles north, eighteen miles south, eighteen miles east and eighteen miles west of the village called by the natives Opisita, which village is to be the centre of the said territorial distance, with all the lands, mines, minerals, rivers, bays, sounds, harbors, creeks, &c., and all the islands, with both the produce of land and sea within the limits of said territorial distance. Opisita being the centre, is situated in latitude 49^ 10' north, and longitude 126^ 02' west from the meridian of London. And by these presents, do grant and sell unto the said John Kendrick, his heirs, executors, administrators and as- signs, all the above mentioned territory, known by the name of Clyoquot; and also do grant and sell unto the said John Kendrick, his heirs, execu- tors, administrators or assigns, a free pass through all the rivers, passages, &c., with all the outlets which lead to and from said territory ; of which the signing of these presents, I have delivered unto the said John Kendrick. Signed with my own hand, and the hands of my other chiefs, to have and to hold the said territorial distance, &.C., to him, the said John Ken- drick, his heirs, executors, administrators or assigns, from henceforth and forever, as his property absolutely, without any emolument or consideration whatever. In witness whereof, I have hereunto set my hand, and the hands of my other chiefs, this eleventh day of August, one thousand seven hundred and tliirty-one. WICKANANISH, his x mark. [l. s.] TOOTEESCOZITTLE, his x mark. [l. s.] TARTOOTCHTHEEATTICUS, his x mark. [l. s.] TEASSLAUR, his x mark. [l. s.] TACKQULIN,'his x mark. [l. s.] HYEREQUIS, his x mark. [l. s.] WELL. nish, chief re, that I, , with my r the con- fler, (they at value,) lonwealth teen miles ?s west of centre of ers, bays, roduce of jita being 02' west and sell I and as- /lyoquot ; s, execu- passages, of which "endrick. to have hn Ken- )rth and deration s of my Ired and L. S.] L. S.J L,. S.J '^. S.J :,. S.J ..s.] .0 i i 23 Signed, sealed and delivere TREMERE. Witness : B. B. Tremere. mark. Commonwealth of Massachusetts, \ Suffolk county, j **• Mvemher J , 1838. Sworn to by the said James Tremere before me, S. E. SEW ALL, Justice of the Peace, 29 I). Joseph Barrdl to Colhurn Barrel I. [335] June 18, 1795. When I mentioned the large tract of country on the north-west coast, I (lid not expect much would have been said at present on that account ; but I will state to you what I know of the matter, and I will write Mr. John Hoskins, who is now in France, and who has been on the land, and am sure the accounts he will give of the climate and produce of it must be pleasing to any one that may seriously wish to purchase. The deeds of these lands are yet in China, where, 1 understand, they are registered in the office of the American consul. They are from the chief of the country and contain all the authenticity that could be given of four degrees of latitude, or two hundred and forty miles square. 'I'his tract was purchased by Captain John Kendrick for the owners of the ship Columbia and sloop Washington, the first American vessels that ever went round the world. Of thi» concern I owned something more than two-seventh parts, and of course am entitled to that proportion ot the land ; the deeds of this land have been since recognized by the natives upon the claim of Mr. Meares. Mr. Hoskins was there on the spot, and heard the chiefs declare they had never sold any of their lands but this tract to Kendrick, which they declared they would abide by. * * * The Congress of the United States, nor any other power in the world, that I know of, claims any jurisdiction over them, and I suppose the title as good as can be given by uncivilized people. E. CircuUr of Barre/l and Servaiites, puhluhed inj'our European Imxguugcs, and extensively circulated. London, Jlugust o1, 1795. Sir : We have taken the liberty to address this circular to your Excel- lency as a specimen of one of our recent operations. We are forwarding the same to all parts of Europe ; and as the great object of our office and manifest tendency of all our proceedings are to promote the prosperity of the United States, we assure ourselves they will meet yoar Excellency's approbation, and are therefore encouraged to solicit the honor of your coun- tenance. We are, with the highest respect, sir, your most obedient and humble servants, BARRELL & SERVANTES. TO THE INHAIHTANTS OK KUROPE. The era of reason is now dawning upon mankind, and the restraints on men's laudable endeavors to be useful will cease. The agents for the sale [335] 30 of American lands, therelbre, take this method of informing all classes of men in Europe that by application at their office, No. 24 Threadneedle street, London, they may meet objects worthy of their serious attention. That such as wish to hold lands (though aliens) in America, may purchase to any amount, on very low terms, and a perfectly secure tenure. * * That such as may be inclined to associate for settling a oommonwealth on their own code of laws, on a spot of the globe no wher« surpassed in delightful situation, healthy climate and fertile soil, claimed by no civilized nation, and purchased under a sacred treaty of amity and commerce, and for a valuable consideration, of the friendly natives, may have the best op- portunity of trying the result of such an enterprise.* No. 1. To all emperors, kings, sovereign princes, states and regents, and to their respective officers, civil and military, and to all others whom it may concern : I, George Washington, PreNident of the United States of America, do lualte known tliat Robert Gray, captain of the sliip called the Columbia, of the burden of about two hundred and thirty tons, is a citizen of the United States ; and, as I wish that the said Robert Gray may prosper in his lawful affairs, I do request of all the before mentioned, and each of them, separately, where the said Robert Gray shall arrive with his vessel and cargo, that they will be pleased to receivo him with kindness and treat hiia in a becoming manner ; permitting him, on the usual tolls and expenses iu passing and repassing, to navigate, pass and frequent their ports, passes and territories, to the end that he may transact his business where and in what manner he shall judge proper; and thereby I shall consider myself obliged. In testimony whereof, I have caused the seal of the United States to be affixed to these , presents, and have hereunto sot my hand, at the city of Now York, the sixteenth *■ ' '"'-' day of September, in the vear of our Lord one tJiousaiid seven hundred and ninety. G. WASHINGTON. By the President : TH. JEFFERSON. No. 2. COMMONWEALTH OF MASSACHUSETTS. By his excellency John Hancock, Esq., governor of the commoivrealth of Massachusetts. To ALL WUO SHAIL 9KK THKMK PUESENTS — GHKKTING : It is hereby made known that leave and permission has been given by the naval officers to Captai!! Robert Gray, master and commander of the ship Columbia, iimv lying at Boston, within this State, to depart from thence, and proceed with his ship and cargo on a 'voyage to the nortliwest coast of America ; and that the said ship and cargo beloi.g to Joseph Barren, e8(iuirc, and otiiers, gentlemen of character and reputation, citiiens of this common- weajth, being one of the thirteen United States of America. •In consequence of an expedition fitted out at Boston, North America, in the year 1787, Captain J. Kendrick, while juosecuting a voyage with the natives for furs, purchased <*!' them, for the owners, a tract of delightful country, comprehending Ibui degrees of latitude, ^r two hundred and forty miles square. The deeds are at present in Cliina,and registered in the office of the American consul, and the agents are authorised to treat with any gentle- man, or association, lor the purchase of a tract of land, no where exceeded for fertility and climate., and which may, by a prudent management of some wise institution, become of the utmost importance. 31 [335] Now, in order that the said masier may prosi)or in his lawful affairs, it is earnestly request- ed and recommended to all who may see these presents, at whatever port and place said master, with his vessel and cargo, may arrive, that they would please to receive him, the said master, with goodness ; aflbrd him all such aid and assistance as he may need ; and to treat him in a becoming manner, permitting him, upon paying tlie usual expenses in passing and repassing, to pass, navigate and frccpient the ports, passes and territories wherever ho may be, to the end that he may transact his business where and in what manner he shall judge proper, he keeping and causing to be kept by his crew on board, the marine ordinances and regulations of the place where he is trading. Given under my hand and the seal of the commonwealth aforesaid, this twenty-fourth day P -, of September, A. D. 1790, and in the fifteenth year of the independence of the L»" 8-J United States of America. JOHN HANCOClv. By his excelloncv's command : JOHN AVERY, Jr., Secretary. No. 3. UNITED STATES OF AMERICA. District of Boston and Charlestown, in the Commonwealth of Massachusetts. These certify all whom it may concern, that Robert Gray, master and commander of the ship Colnmbia, burden two hundred and twelve tons or thereabouts, navigated with thirty men, mounted witli ten guns, has permission to depart from this port with the following arti- cles, viz : two thousand bricks, six clialdrons sea coal, one hundred and thirty-five barrels be*f, sixty barrels pork, three hogsheads N. E. rum, two liogsheads W, I. ium, five hogs- heads molasses, five barrels sugar, ten boxes chocolate, two hundred and twenty-eight pounds coft'ee, seventy-two pounds Bohea tea, six casks rice, twenty barrels flour, twenty- seven thousand pounds bread, six firkins butter, five hundred pounds cheese, thirty barrels tar, thirteen barrels pitch, thirty packages of merchandise, six tons bar iron, twenty hundred bar load, fifteen hundred pounds gunpowder, three hundred pounds small shot. Given under our hands and seals at Boston aforesaid, the twenty-fifth day of September, in the year of our Lord one thousand seven hundred and ninety. B. LINCOLN, Collector. [t. s.] JAMES LOVELL, Naval Offiecr. [L. 8.] G— 1. the Boston, JVovember 28, 1816. Sir : In consideration of u desire expressed by the President, that search should be made ior proofs of Captain Kendrick having purchased lands of the Indians on the north-west coast of America, I have examined Mr. Bar- rell's papers, and made inquiry of several persons who have been on the coast, all which proves in the most satisfactory manner that Captain Ken- drick did make several purchases of the Indians, of lands on that coast for the owners of the Columbia and Washington, whose vessels were under his command. Captain Kendrick's letters and those of Mr. Howell, who was with him until he died, and who took possession of all his papers, deeds, &c., explicitly declare, that Captain Kendrick made several purchases of lands from the Indians about Nootka sound, and for a distance of four de- grees, and that there were regular deeds drawn up, and signed by a num- ber of Indian chiefs, conveying those lands to the owners of those vessels. These facts are corroborated by the evidence of several persons now here^ some of whom were present, as they state, when possession was given to Captain Kendrick by the chiefs, and who saw the deeds, and heard the In- [335] 32 dians acknowledge that they had sold large tracts of lands to Captain Ken- drick, and afterwards say, that they Kad never sold lands to any other per- son. The lands were taken possession of with much formality, the Ameri- can flag hoisted, a bottle sunk in the ground, &c., and many chiefs present at the ceremony. From a variety of circumstances, the deeds for the above lands never reached this place. Mr. Howell, who had them in his possession, after the death of Captain Kendrick, writes from Macao in 1796, to Mr. Barrell, in reply to a letter of Mr. Barrell, in which he requests him to send forward the deeds, says, that he then had the deeds, tha tthey are recorded there by a notary public and triplicates made out, and that the originals shall be scut forward. As late as May, 1798, Mr. Howell writes to Mr. Barrell from Manilla, that " he is in daily expectation of his papers, and among them your deeds of the lands on the north-west coast ; you shall certainly have them transmitted." The officer of the ship Columbia who first landed, and by orders of his commander took possession at Columbia river is now here, and recollects all the circumstances of hoisting the American flag, and planting some New England pine-tree shillings under a tree, naming the river after the ship, and the two capes, one the Hancock, the other Adams, &c. It is believed that the deeds of this land were registered in the consu- late at Canton, as Colonel Perkins thinks he saw them there in the hands of Mr. Randall, vice consul. Should the government deem it proper to make furtker inquiry into this business, much evidence can be found here to sub- stantiate the above statement, and the owners art taking means to procure from China or from Bengal, where Howell is supposed to have died, the original deed or authenticated copies of them ; they are desirous of giving all aid to the government. I would, with due diffidence, submit to your consideration, whether the best way to obtain well authenticated evidence, would not be to require Judge Davis of this district, who from his disposi- tion to make researches into such things, is better qualified than perhaps any person here to make such inquiries as government may think requisite to be made; I do not propose this to avoid trouble, feeling myself bound to render any service in my power. I shall gratefully receive your com- mands, being with very high respect, your obedient servant, B. JOY. Hon. James Monroe, Esq. Secretary of State. G— 2. Washington, December 1, 1817. Dear Sir : I shall deem it a particular favor if you will have the good- ness to forward to me as soon as you conveniently can, copies of the papers relating to the purchase of lands from the Indians on the north-west coast of America, and of the journal of the vessel, which you were good enough to lend me for my perusal when I had last the pleasure of seeing you at Boston. I am with great respect, dear sir, your very obedient servant, JOHN QUINCY ADAMS. Charles Bulfincu, Esq., Boston, Hi h