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Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corn>Yr, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent dtre film^s A des taux de reduction diffirents. Lorsque le document est trop grand pour dtre reproduit en un seul cliche, il est film6 A partir de Tangle sup6rieur gauche, de gauche d droits, et de haut en bas, en prenant le nombre d'images ndcessaire. Les diagrammes suivants illustrent la m^thode. 1 2 3 1 2 3 4 5 6 s. //.V COLI C A HISTORY Oi.' THE SAN JUAN WATER BOUNDARY QUESTION, ^.V AFFECrnVG THE DIVISIO.V OF TERRITORY BETIVEEX GREAT BRTTALV A.VD THE U.VITED STATES, By viscount MILTON, M.P. COLLECTED AND COMPILED FBOM OFFICIAL I'APPR^ Avn >.nr.,T«^ FEINTED UNDEB T.IE AUTHOHKrV OF M^Z^^^^^^IT'^ iiESPECTIVELY OF 0«EAT BaiTAIN AND ICELAND ' AND OF THE •UNITED STATES OF AMEHUA AMEKICA, AND FROM OTHEH SOl'UUES. IDub %\xitx inapjB. r. N D X : CASSELL, PETTEH, AND OALPIN; And 600, BKUADWAY, NEW VOUK. 1869. a 0. H5 '.'0 U, be lui CO Pi ioi mi i'lU tliC lUU PREFACE. 1 NEED oflor no aj-'ology for laying tliis sttitoiueiit betwro the Public, as I iecl tuat upon an examination of the same, the injportauco of a question hitherto carclully veiled, will become appiirent. It is, however, necessary to apologise for the hiiste with which I have been obliged to [)Ut my material;^ together. I have breu ile.iirous of lavin*; before tlie rublic some account of this (question, preparatory to the discussion whicii nmst, at some period, and which will probably at once, ensue. This history has Ijeeii compiled mainly i'rom documents published under the aulhurity of the United .States 8enate ; 'rousisting of some of the letters, despatches, Aic, which have passed between the Governments of Great Britain and the United (States, and also of some of the comuiimicatious between those Govennneiits and their respective otlicers, naval and military, and between otiier persons more or less concerned in the conduct of ail'airs on the JJritish-Amerieaii Pacific coast. 1 was at first doubtlul whether I would not throw into the form of an Ap})endix the corresp(jndence between tlie Com- missioners respectively of (ireat Brilaiii and of the United States, and between J^ord l{ii>.-5ell aiihuuld destroy the continuity of the story, and cast into the nliade some of the most important of the papers bearing upon the (luestion. MILTON. NOTE. TUE two Maps presented with this Volume arc fac-simileB. so far as they relate to the Boundary question, of those originally produced in U,eUnUed States Portions of caeh not afTectinlthe ^u'estion W been cut off, in order to facilitate the binding. It should further be noticed that, the names of many places are stated differently in the British and American Papers and Maps The best Map or Chart to be obtained in this country, containing the names of localities as given by British geographers, is a Chan prepared from the survey of Captain Richards and the Officers of Her Majesty's sliip Plumper, 1858-9. This Chart is published by the Admiralty, and sold by J D roTTKK Agent for Admiralty Charts. 31. Poultry, and 11, Kin. Street, Tower Hill. = HISTORY OF THE SAN JUAN WATER BOUNDARY QUESTION. CHAPTER I. The foreign policy and colonial policy of Grreat Britain exercise a most potent influenee for good or for evil upon the fortunes of her colonies and dependencies throughout the world; and whether some amongst them shall move upwards towards wealth and pros- perity, or downwards towards stagnation and ruin, is contingent, in a great measure, upon the line of conduct adc^'ted towards them by the Government at home. Our domestic policy may, and must change with each change of Government, and with the varying fortunes of parties ; but with reference to imperial questions — questions upon which depend the i)ros- perity of extensive territories, and of millions of loyal and devoted British subjects, a consistent and well-defined policy should be marked out Ijy i)ublie opinion, and should be followed by each succes- sive Government. If each colonial minister is to be considered as entitled to rei;,tird our colonies as a field for the display of bis own peculiar views and II SAN JUAN WATKll BOUNDARY. idiosyncrasies ; if orders carried by one mail are to be countermanded by the next ; if every act connected with colonial government is to be disting-uished by uncertainty and irresolution ; the connection Ijotweeu the colonies and the mother country must cease to be of advantage to cither party. The vacillating and changing attitudes assumed by Great Britain towards her colonies have brought many of them to a state bordering upon bankruptcy; intending settlers have been afraid to settle upon them, and bankers and merchants have been afraid to invest capital in them, in consequence of the un- certainty which rests like a dark cloud upon their future. I am myself most deeply interested in the prosperity and onward progress of the British pos- sessions in the north-west of the American conti- nent. Their position during many years has l)een one of uncertainty, and consequent despondency, traceable, in great measure, to the inconsistency which has characterised our political relationship with the United States. The policy of that great nation has, on the other hand, been distinguished by the closest consistency. In the 3^ear 1823, Mr. Monroe, then President of the United States, in his message to Congress, pro- tested against the proposed interference of certain European powers in the struggle between Spain and her American colonies, in language to the following efl'ect : — *' In the wars of the Euroj)oan powers, in matters relating to theinsehes, we have never taken any part, nor does it SAN JUAN WATKR HOUNDARY, comport with oui' p')Ucy to do so Wo owe it, therefore, to candour, and to the aniicalde rehitions existing between the United States an I those powers, to declare that we should consider any attenij)t on their pirt to extend their political system to any portion of this hemi- sphere as dangerous to our peace and safety. With the existing colonies or dependencies of any European power wf liave not interfeied, and shall not interfere. Our policy in regard to Europe is not to interfere in the internal concerns of any of its })()wers JUit in regard to these continents, circumstances are eminently and conspicuously different. It is impossible that the allied })owers should extend their political system to any portion of either con- tinent without endangering our peace and happiness." '* This expansion of our popidation and accession of new states to our Union iiave had the happiest eP'ect on all its highest interests. That it has eminently augmented our resources and added to our strength and respectability as a j)()wer is admitted by all It is manifest that by enlarging the basis of our system, and increasing the number of states, the system itself has been strengthened in both its l)ninchos. Consolidation and disimloii have thereby been rendered ecpially impracticable." (') This aunouiicenicut has been improved upon by subsequent politicians, and the Monroe doctrine is understood as containinij^ the concoption — so dear to the people of the United States — that their peculiar institutions and form of o-overnment must ere louo* overspread the entire continent. From the first promulo-ution of the above-men- tioned views of President Monroe, the restless eneroy and unlimited resources of that powerful people ••■^1 M i X1> I r7 I, (') Preaidont's MoBiiajjoa, pp. 257— JO". n 2 ;.v 4 RAN .11 AN WATEU BOUNhAUV. Iiiivf l)('t>n (lircctc'd to tlie furtlierancc of the doctriue wliich ^'oes by Iiis name ; and his poHcy has been ilhistrated (as is well known) by the determined opposition ol' the North towards Southern secession ; the im})lacable hostility of the United States to the policy of France with reference to Mexico ; and also, more recently, by the purchase (at an enormous price) of the inhospitable region of Alaska from the Kussians ; and by the overtures which they have lately made for the purchase of the Hudson's Bay territory. In the acquisition of Alaska, however, tiiat determined opponent of the jxnver of Great JJritain on the continent of North America, Mr. Seward, saw the advantage of the United States, for he seejis, thereby, and by a kindred policy, to " crowd " Great JJritain out of the Pacific, and even- tual 1}' to compel the North American colonies to enter the United States federation. I am well aware that there is a strong anti- colonial piirty in this country, and that it advocates an abandonment of the colonies. This party would meet any colonial question which might seem capable (»f embroiling the empire with other countries, by pnj])osing the immediate cession or relintjuishment of the territories with reference to which such ques- tions arose. If this were the general opinion, it would be useless to call the attention of the public to any colonial question in which other powerful and aggressive nations might be interested. It is, how- ever, the opinion of the great m;ijority of the people SAN JUAN WATER «OUNl).\KY a of Great Britain, that she eoukl not rehnqiiisli hiT colonies with advantaj^e to herself, and that, even if she could, she is bound in honour not to do so, unless with the express assent, or at the express desire of the colonies themselves. I am not about to descant at any leno^th in this place upon the w^ell-known advantnp^os which Great Britain has hitherto derived, and still continues to derive, from her possession of colonies. They form a natural outlet for her surplus population ; and emigrants arriving in a well-u^overned colony are absorbed into the mass of :ts popula- tion, and remain well-disposed towards Grear Britain. Until the resources of the colony n^^o tljoroui^hly developed, its population will prefer to purch.asc from the P"! ^Hier country, rather than from au}' otlier country, those manufactured articles which arc neces- sary to their existence. On the manufacture of such articles, and upon ready markets for the same, the internal prosperity of this country mainly depends. At the present time those markets of the world (and they are few) which are open to the free competition of JJritish commerce, are overcrowded with British manufactured goods. Supply is greater than demand, and our policy must aim at opening up new and unexplored regions to our trade. But at this very period, the United States are seeking to exclude our commerce, and to overshadow with their protective and selfish system those almost boundless territories, which a generous and consistent policy on the part of Great Britain might cover with loyal sul)jeets, well-intentioned towards their mother country. 13ut .'.1:1 1^,, SAN JUAN WATKR HOl NDAllY. lurthor, the key of the East is the key of tlie worUl, and slioiikl the ITnitod States monopolise tlio eastern [rade by the Pacific raih-oad, or the Isthmus of Panama, our power and inlkience as a nation nuist rapidly (h'crease. It is absolutely necessary that Crreat Britain should make and preserve a direct communication with the East throui^h the continent of America, the passaLjes through which continent the United States will otherwise, ere louijf, close against us. This communication can be made by means of a railroad connecting our jwssessions on the Atlantic and Pacific seaboards, and would prove a benefit to ourselves and to the colonies. But other arguments may be urged (beyond those which merely touch the ]>ul)lic purse) against the abandonment of our possessions. Are the people of England content to live with the sole object of nuuiu- facturing goods for the rest of the world, at the prices which others choose to offer for them? to work, and see others reap the profits of their labour and in- genuity? Are British statesmen content to degene- rate into mere managers of a vasf, business ; to see other nations conteiuling for ))ower and precedence, and to remain indifferent and ]>assive spectators ? Are W(^ ]irepared to recede step by step from the territories which have been handed down to us, content with that easy but ignoble doctrine that our mission is to civilise the world, and then sink into oblivion ? But even if, consistently with her advantage, Enirland miirht neu'ociate a cession of her colonies. t( of po| of SAN JUAN WATKll nOlNDAUY. B world, eastern urns of 111 must Britain nication Vmcrica, United IS. This railroad lI i'acitic Ives and nd those linst the people of )f nianu- 10 prices ork, and and in- dewne- ; to see cedence, irs P roni the content mission livion ? rantau;e, Lolonies, [ must venture to suhmit that she couhl not, con- sistently with lier honour, dispose of or sell a portion of her territory, with the population inhahitin^ the same, and possessin;^ the riii^hts of citizenship jt)iiitly with EiiL^lishmen, unless by the express desir»» or consent of such inhabitants. This is a proposition which needs no arii;iiment to support it ; for, as every man is bound to provide for the maintenance of his own proends the so of the }en Great 3d over a lie papers )tion of a ocumeuts, find any n\ caused subject. julties or les befiiU any dis- ?annot be e Houses members en upon he infor- )r in the 11 a great ons, and I now feel it my duty to the colonies and to the British public to lay before them ' as full and as accurate a statement of the fiicts as I can draw up from the materials I have been able to collect. Vancouver's Island takes its title from the dis- coverer of that name, who sailed through some of the seas by which it is surrounded, and drew up a chart of his voyage, being the earliest map of that portion of the globe. A glance at the map will show that the island is situate on the western coast of North America, and that a portion of it lies to the south of the forty-ninth parallel of north latitude. It is separated on the north from IJritish Columbia by St. George's Sound, or, as the United States geo- gra])hers term it, the Gulf of Georgia. The Sound in the north is a broad open channel, tolerably free from islands, but towards its southern extremity it is divided into a number of channels by a large cluster of islands, of more or less extent respectively, termed by United States geographers the Haro Archipelago, which were formerly th(uight to be a part of the mainland of Vancouver's Island. The channel used by Vancouver, and laid down in his chart — being the straightest course from north to south, and, indeed, the "hannel best adapted for sailing vessels, if not for steamers — is the llosario Strait, which intervenes between this cluster of islands and the Territory of Washington in the United States. Another channel was subsecpuMitly discovered, viz., the Canal d(! llaro, which separates this cluster of islands from Van- couver's Island; and, on account of its tortuous course, m V.^ .^1 :i! 10 SAN JUAN WATKIl BOUXDARV and the absence of anclioir.n'e ground therein, except at its northern extremity, tliat channel is little used by sailing- vessels. These two channels meet at the south of the cluster of islands above mentioned, and join the Pacific Ocean throui^di the Straits of San Juan da Fuca. The important colony of Victoria — the capital of British Columbia — with the harbours of A'^ictoria and Es(piimault, is situate at the southern and eastern ex- tremity of the Island of V^ancouver ; and the com- munication between these harbours and the eastern coast of the island, as well as with the mainland of British Columbia, is now carried on mainly by the Canal de llaro. The entrance to this strait or canal is, however, commanded by the Island of San Juan, one of the islands of the group, and it will be seen that it is of the very last importance to the citizens of Vancouver's Island, and of the mainland of British Columbia, that in case of any disagreement with the United States they should hold possession of this key to the strait. The Strait of liosario is commanded by several of the islands which immediatelv friny-e the mainland of NV^ashington territory, as, for instance, by Cypress Island, aiul should the island of San Juan, command- ing the Canal de Tlaro, fall into the hands of the United States, the inhabitants of Victoria and the inhabitants of the mainland of British Columbia could be cut off from intercourse with each other by the batteries of the United States erected on Sau Juan. Tl SAN JUAN WATER BOUNUARV, 11 1, except tic used L of the join the J mm da !iipital of tttria and stern ex- :he com- ) eastern mUmd of y by the however, le of the it it is of ncouver's jia, that d States strait. several nainland Cyi)res8 Dmniand- of the and the olnmbia )ther by an Juan. Further, the command of these two channels would •j^ive to the United States the entire control of the t'ommnnications of our colonies on the mainland with the Pacific, which must be made through the Straits \ of San Juan da Fuca by one of the channels above mentioned, the northern passai^e, ivV/C^ueen Charlotte's Sound, bein<^ narrow, intricate, and perilous in the extreme. The Island of San Juan has, for the reasons jjfiven i above, been aptly termed " the Cronstadt of the Pacific." Its conformation is such that a few batteries, skilfully placed, would render it almost imprei^'nable. Imagine the position. Victoria, the capital, with the adjiicent harbour of Fsijuinuiult, cut o(f from com- munication with British Columbia, and the Canadas, ; or "the Dominion," cut oft' from the seaboard of the ' Pacillo ! There are at this period four railroad routes (one / completed and three projected) on the continent of North America, from the Atlantic to the Pacific. They run throughout their entire course within United States territory. Consider the exclusiveness, the protective policy, the jealousy of British commerce, evinced by the people ! of the United States, and, L would ask, is it probable |^^"'t, when liritish trade has established a route ; tlu'ou<;'h United States territory from west to east, i from Lv>ndon to China and Ja])an and Australia, it will be allowed to pass free of impost by the United ^ States ? J)o we now compete on erpial terms with the a.,-. I si ■A] 12 SAN JUAN WATER BOUNDARY. t '!> \\ I. V" merchants and manufacturers of the United States? Is not a tariff' imposed on our goods entering United States territory which is intended to be absolutely exclusive? Do the lessons of the past or present teach us to confide in the generosity and magnanimity of future legislators ? Is it not the duty, the in- terest, of Great Britain, to estabHsh a route at any cost tlirough her own territory, and shower down the rich blessings of her trade upon her own rather than upon the subjects of another Government ? Such a route was projected many years ago, run- ning through some of the wealthiest territory in the world, callable of supplying us with corn at the cheapest rate ; rich in coal, iron, copper, lead, and in gold ; abounding with timber, stone, limestone, and brick clay ; whose inhabitants enjoy a delightful and bracing climate, and in which it has been prophesied a race of men will grow up, vigorous, healthy, and energetic, to be tlie rulers of the destinies of the North American continent. Starting from the magnificent harbour of Halifax, the line would run to Quebec, along the northern shore of Lake Superior, l>etwecn Lake AVinnipeg and Fort Garry, to New West- minster, near the mouth of the Fraser river, on the Gulf of Georgia, or to Bute Inlet. To modern engi- neering the Rocky Mountains present no invincible obstacle, and tlie projected line, shorter by some hun- dreds of miles than the present Pacific Hail road, would be the most direct route for the commerce between Londcm and China, Corea, Japan, and the Eastern Archipelago. SAN .KAN WATI'.U HOLNDARY. 13 Sucli aji uiKU'i'takiiiiJ: mi'^lit relievo tlic orer- >t(tL'k('(l lalxjiir market of England, and the vvorktnen ('mi)l(>ye(l upon it would develop the resources of a It'rritory which would afterwards become their own. liut of what use such hopes as these, if the gate t>f tiie Pacific is to be closed to Great Britain and the Dominion by United States forts? Shut out from the Pacific, the territory of which I have spoken must perforce join its interests with those of the United States, and be added to the great protective federacy against the commercial energy of the people of Great Britain. If Jiritish interests on the North Pacific coast of America are to be protected from the possibility of injury, the Island of San Juan will I'orm a portion of Jiritish territory, and will be strongly and skilfully fortified. Having endeavoured to depict the gravity and importance of my subject, I sliall sketch the history of the dispute which litis been termed the " San Juan Water Jiouiidary Question." T shall, wherever it is ])ossible, allow the actors in the same to describe their deeds, and the views by which they were actuated, in their own language, occasionally drawing my own conclusions therefrom, and sometimes (pialifying such descriptions when they ai)pear to conllict with the iiilbriuatioii which I have been able to colU at, both on the spot and since my return to this country. % •M X', I' 1^ 9': .,11. 1 ■} ' :: ■ ciiAPTEii irr. The Haro Arcljipelago, or cluster of islands above mcutioned, lias been described by a Goverumont offi- cial of the United States in the followin<>; words (^) : — " The Haro Archipelago is bounded on tlio north by the Canal do Ilaro and the Gulf of Georgia, on the east by llosario Strait, on the west by the Canal de Haro, on the south by the Straits of Fnea. It contains seven prominent islands — viz., San Juan, AValdron, Orcas, Shaws, Blakely, Dei'atur, and Lopez, besides many small ones, some of them scarcely large enough to be worthy of special notice. The combined area of the island is about 170 square miles. " The Archipelago occupies an important position in its relation to the other parts of this region. Lying just north of tlie eastern end of the Straits of Fuca, through which the currents of Paget Sound, and perhaps, also, of tlie Gulf of Georgia, flow during the rise and fall of the tides, it obstrr.ets the currents flowing to and from the Gulf of Georgia, giving them various courses by deflection, and often producing, in many places, tide-rips sufficiently extensive to endanger small craft. " The islands are separated by narrow, but very deej) channels, so deep, indeed, that the hin/f'st class vessels cau pass through almost any of them. This is the character of almost every narrow channel separating islands lying between the continent ami Vancouver's Island, and has led many a sailor to compare these waters to the Straits of Magellan, where it is often difficult to find anchorage. " In circumnavigating the Archipelago, scarcely a harbour (') Amoricim Stiito Papers, p. 132. ■■"^' SAN JUAN WATKU IJOUNDAllY, 15 above 1 lit offi- ■4 C):- ^1 I)V the ■X' llosario a" 1 by the Is — viz., ur, and )ly lar-;e^ il area of ■i 11 in its north iich the Gulf of )stn'.t;t9 jriviny; icing, in tcr small ly deep ['(Vi pass almost I'oen tlu' a sailor where it harbour h to bo found capable of accommodating vessels of even ordi- iiarv size, although there are many j)laces whore anchorage niav be (bund, and where vessels could lie in safety under the lee of some island during storms from certain ([uarters. But within the nest, as it were, there are some of the most heantlful harbours in the world. There is among them a perfect net- work of channels, all sufficiently deep to be navigated by the largest vessels, and unobstructed by rocks, excej)t in a few localities, wliich are marked on the chart. '• Of the entire area of the islands, it is estimated that about sivtii sf/uare miles is arable landf and about eujhty square miles is pastond land, covered with nutritious i/rass, tcJtich retains its verdure nearly tliroughoiit the jjear. The remainder is prin- cipally covered with forests of the coniferous trees of that region, consisting of fir, pine, and cedar, which, on some portions of the islands, attain great size and beauty. Part of that which is described as arable and pastoral hind is also tinibcre I to some extent, and would necessarily have to be cleared before the soil could be cultivated The islands are well watered by lakes and running streams. AlthouL:h the portion of open country is small, yet, distributed over the whole group, are patches of prairie land ; smooth swelling slopes and mountain sides, covered with luxuriant grass to their summits, ijiving to the wild and solitarv tracts a pleasingly rural aspect. " A noticeable feature in the topography of these islands is the peculiarity that the mountains at the northern end arc almost universally the most elevated, and gradually diminish in height toward the south. " Another striking feature is that the southern sloj)es are almost imariably destitute of timber, but are covered with a luxuriant grass. This })eculiarity is so striking as to attract the attention of all who traverse these waters ; and in the spring time and early summer, when the grass is green, and the Howers are in bloom, the prospect is enchanting. " The absence of trees in those localities may be attributed to the fact that the soil is very shallow, overlying masses of m ■ •■.!;: \, h' Hi SAX JUAN WATKK HOUNDAUV ')■•■ •' M nick, but surticienlly dcop to sustain grass assisted by tiie direct rays of the sun. These islands are i)articularly adapted to raising of sheep, as has been fully demonstrated h>/ the JIndxoii's Bill/ Couipaiiij on San Juan hhnid. The rmitton of Vancouver s and San Juan Islands is i^eiuarkable for its delicacy of favour, which may be accounted for by the peculiar properties of the yrazing. " The same favourable circumstances exist in the other islands : a mild climate, absence of beasts of prey (except on Lopez Island), and the abundance of sweet nutritious grass, even to the summits of the mountains, during the entire year. The deer on the islands are found in mid-winter in most excellent condition. On San Juan Island the sheep increufed so rapidly, it ivas difficult to fnd fresh pasturaye for them near the Hudson s Bay Conipany^s establiahment. 1'he average net weight of the sheej), when full grown and fat, is fifty pounds ; of the fleece, three and a lialf pounds. " Coal and limestone are found on several of the islands. *' Fisheries were formerly carried on at the several locali- ties, and they could easily be made very productive antl pro- fitable. " Trees, of great value for their timber and resinous j)ropeities, grow on all the larger islands. " Although much of the land is mountainous, and only adapted to gi'azing purposes, these islands are as valuable, agriculturally, as the settled portions of Vancouver's Island, which they resendde in general character. (') " It might be mentioned, incidentally, that these islands, for the most part, belong to the Indians of the Washington Territory ; the Lummies claiming Oreas, Blakely, Decatur, and part of Lopez; and the C'lallams a part of 8an Juan. The whole inside of the north-easter. i part of San Juan formerly belonged to a tribe kindred to the Lummies, and now extinct. " It is in a military and naval point of view, however, (') It is cloai- that those islands are '• natni'al apponcluf^i's " y a heavy forest, but when divested of this, can be brought into profitable cultivation. In this region, there is a grove of large cedars, very valuable for timber. " One third of the entire area of this island, or about 12,000 acres, is well aila[)ted to cultivation, and nearly all the remainder to pastoral purposes. The soil of the arable portions is excclk'ut, with the exception of Dellevue Prairie, whii!h is somewhat oravellv. " Upon this island are at least four beautiful lakes. From some of these flow rivulets of suthcient size and force to produce good water power, but as yet there are no induce- ments for the erection of mills, as the tindjer of the adjacent stores of Puget Sound, is superior to that of the island, the latter having all more or less suH'ered from frecjuent con- flagrations : but in a lew years more, when the husbandman shall begin to receive returns for his labours in ricli crops of grain, some of these sites may be selected for erecting mills to prepare the produce for distant markets. A circumstance of great imi)ortance in connection with this isL id is the ex- istence u})on it of extensive deposits of limestone. It is I'ound near the southern end, in tiie vicinity of the Jludwii's Daij 1 I I; 1 ';' SAN JUAN WATKR IJOUNDARY. 19 Compami's Sinthn. On the western slioro, near tlio base of Mount San Juan, innnense masses raised up into porpencli- eular walls, are seen at several localities, coveriiifr an area of inaiiv acres. The north-eastern corner of the island is com- posed of an extensive ledr;e of the same material. A very small island (O'Neal's), lying close to the north-east end of San Juan Island, containing only a few acres, is composed almost entirely of limestone. Tested by acid and burning, it proved to be of superior quality ; it exists in sufficient (pumtities not only for lime, but might be profitably quarried for building stone. The value of these deposits can better be a[^)prcciate 1 from the fact, that up to the time of tlie discovery of limestone on this island, it was not htiowii to exist at an// point on Puijct Soum/, ivifhin United States territori/,(^) and for buiiiling ])urposes it was necessary to procure all the lime used from California or Vanconver s Island. In the vicinity of the southern end of the island, are, perhaps, he best fish- ing grounds on Puget Sound. Gicat quantities of halibut, cod-fish, and salmon, are taken by the numerous tribes of Indians who, at proper seasons, resort to this vicinity for the purpose of fishing. The Iliidsons Ba\j Companif were for- merly in the habit of putting up at this place from 2, (MX) to 3,000 barrels of salmon alone, which were bought from the natives. Persons supjilied with the jjroper appliances for carrying on a fishery would find it a very profitable vocation. " At the southern end of the island there is a large bay, known as Ontario Roads, where vessels are well protected from the prevailing storms of this region, the water near the shore is not deep, and should it ever be desirable to build a wharf at this point, it would require one several thousand feet in length to reach three fathoms in low water. The entrance to this roadstead, h\ a\ the Straits of Fuca, is through a very deep channel, knowi; as Little Jkit Passage, (^) separating this island from Lopez Island. It is a very convenient and (^) This may be noticed iis evidence that tliese isLiuds are " natural appendages" of Vancouver's Island, rather than of the mainland, their (,'eological formation being identical with that of the former. (') Through this passage the comproiniHe Vjoundary line wouhl run. , o ■'f 00 SAN JUAN WATER BOUNDARY. favourite resort for vessels osoaping from storms which often, in winter season, very suddenly arise in Fnca Straits. On the north-western end ot the island are several l)ays, well protected by Henry Ishuid, forming good harbours for vessels of lio-ht draught." T cjiii fully endorse tliis adniiniblo aiul [)ictiires(|ue description of the island of San .Juan, liavin<;' person- ally visited it, and, on more than one occasion, sailed tlironu;h the channels which surround it. The other islands of the i^n'oiip were described by the same authority as follows :(') " HKNIIY ISLAND. " This is a small island, lying elo.-o to the north-western shore of San Juan Island, containing about a thousand acres. Its toijographical feature.^ roseinble that portion of San Juaii adjacent to it, and it may be considered as a part of that isliui 1. " STr.VUT. .IOIIN's, AND Sl'IKUKX ISL.VNDS. " Yhese islands and several islets lie immediately north of San Juan Island, to th(> south and east of the Canal de Haro, and west of President Passage. Spieden Channel separates them from San Juan Island, ami they are separated from each other by several sniail and intricate passages. Their combined area is about si.\ sipiare miles. " Stuart, the most noithern of the group, is tlie largest; it lies aliout midway Itctween the southern end of Salnnia and northern end of San Juan, and has an area of tlnee and a half scpiaro miles. At its western end thei-e is a moun- tain peak, r»0() or (i(/0 feet in height, from tiie summit of which thei'e is a good \ iew of the entire island, as \\< II as of a largo exteut of surrounding country. It contains but a lew hundred acres of arable land, the islaiul iiciiig iMugh ami hilly; it has two beautiful little harbours, one at its north side and the other at its south-eastern side, u[)on the shores of (') Auuuiotui Stiito rapors, p. I'M, wh SAN JUAN WATKR ROUNDARY. 21 th of laro, Wilt OS IVoiu Tlioir d; it I aiul iuid noun- nit of is of a a li<\v and side •OS of i wliidi are mafjnificont quarries of sandstone and slate. Tlicso materials, so valuaMc for building purposes, are very liuutcd in (luautity throughout Washiuiiton Territory, and a locality like this is thcrororo of great value. On one of the harbours are extensive Indian tisJuM'ies. Tiu^ other islands of this small group appear to be comparatively unimportant. "W ALU RON ISLAM). " Waldrou Island lies to the south ami oast (»f the Canal de llaro, and north and west of PresidiMit Passage, and con- tains alxmt five square miles. Its southern end consists of a perpendit'ular blutf of sandstone and conglomerate, nearly 2t>() feet in heigiit. The eastrru shore, eom|iosed of the same material as I'ar as the no -th-east end of the island, is bold and uninviting. Stronr ("i4>t. Wilkes). *' MATIA (IKdl 1' "(I'Miuoiulrt (Iroiip (il'Ciiiit. WilUcs). "HAUNI'.S, CI.AUKK, AM) SISTKIIS ISLANDS. "ThI-i chain of islands lies at IIk* south I'lul of (lie (iulf of (Jeorgia, and forms (he breakwater which divides il into (he two channels which surround the llaro archipelago. Their C()iid»iiic(l area is about (wo and a half s(piare miles. The sandstone, which is (he jtrineipal geological formation, is (oo noii tu be vul liable as a building matorial, and in places where SAN JUAN WATER ROUNDARV il;! it is exposotl to the action of tlie waves it is worn into deep hollows. " ORCAS ISLAND " (iruU'8 Isliiml of Ciq.t. Wilkes). " Orcas Jsliuul lies iniinciliatcly south of the chain of islands iilready iinMitioncd as hieakinnj; the continuous flow of waters of the Gulf of (Jeoroia into tlie Su.tusof Fuca, and to the north of Shaw's, Jj(>|)c/,, and lUakcly Islands. It is houmlcd on the east hv Kosario iStfait, and on ihe west by President Passage, which se[)arates it I'roni San Juan Island. '' It is the larnest and, with tiie exception of San duan, the most valual>le island in tlu> Archi[)ela»i;o. At its northern end it is about four uules wide, and runs olf towanls the south-east and south-west, niakint^ its p;reatest width from east to west about thirteen miles, and its greatest length from north to south al)ont nine miles, containing an art>a of about Hl'ty-live s([uare miles. There are two main ridges of moun- tiuns trending in a general dIrtH'tiou a littli> east of south and west of north, which are in many places excc^'dingly precipi- tous and rugged. 'Hw cjistern range, bordering (vn Hosario Strait, is nnich the highest. Mount ( >nstitMfioM, its higiiest peak, having an elevation of 2, ">()() feet, 'fhe highest peak in tin; eorrespondiug western range is Turtle JMoiuitain, 1,(>()0 feet in height. '* PxMween Point Thompson, the north-eastei'n point, and Point liawrence, the most eastern point, the shore is so rocky aiul inhospitable that anywhere along it I'ven small boats would liiil to fiuil a safe harhour or anchorage. l''ion> Point Lawrence to Obstinietion Passage the coast is nuieh less bold, and contains sexeral little bays, into which pour rivulets Irom tlu> mountains, watering sm;ill but beautiful xalK'Vs. '' There iuv two lai'ge bays and one small one on the southern side of the island. Ironsides Inlet, the most eastern, is (he largest. It is about a mile v ide, vaiies in ilepth from five to fifteen fathoms, and I'xtends about seven miles into the island, within a mile oi' its northern end, thus nearlv cutting it i '4 SAN JUAN WATHH HOUNDAr.if. 23 ill two. (iiicrriere Vtsxv, about tluve miles to tlie westward, is uljoiit tlitve miles m leiiotli and a mile and a ([iiarter in width, and has a dcptli of from five to fifteen fathoms. Moth of these l)avs are excellent harhours. Tlien; is a small triaiini einl of the island, with its greatest depth ten fathoms. Within Ironsides Inlet, particularly towards the north end, are several beautiful spots of arcas Island, is the frecpient recurreiico of beautiful cascades. "A stream of wafer, after traversing; for several miles a l)oantifiil \alley eonlainini;' some ay, near its head. The lare;i>st stream in the island empties into Fishtrap Day. The land in this vicinity is beautifully loeated, and is well adapted to a^i^ricultural purposes. '* Del ween (his place and th(> extreme western |)oinl of the islainl there is scarcely a locality of ai^ricultiu'al value; but l"avinii; this and travellin<^ towards Point Douehly, after |)a8H- u\>x one mountain ranije, we enter a rcifiou where the land beeoines lev<'l and the soil rich ami prodiicliv* Tl lere are some loeahties — one or two on Ironsides Inlet, and one at least on (jiuerriere Hay —where there is exct'llent water power, but the timlter is not of the best (piality at thosL' points, as the ludians, and the white men too, in seai\di Ibr ileer, lia\e iVoiii time to time tired the tbrest, and thus eivutly injured the u'mwih of the trees. |)oiibtlt>ss, hereafter, when s, especially on the m ore desiralile timber of other loealitie adjacent shores of l'uu;et Sound, has become somewhat ex- liaus|i>d, uiills will li.' erecteil in these beautiful harbours. ''A very important feature of this island consists in the oxeollent pasturage which exists on the mountain slopes. The jfi'uss is i^reen durint'' c'ver\ month ol the year; iiml on the •■■';'■' U\ i" €■:,: W::'' .«,.; 24 SAN JUAN WATER BOUNDARY. south side of Mount Constitution even almost to the very summits. Sheep, goats, and cattle, placed upon the island would thrive and multiply, without the necessity of special care, as there are no beasts of prey to molest them. Deer and elk are the only quadrupeds of the larger species on the island, and a few years ago tliese were very numerous. The latter are now rarely seen, and the former are, year after year, rapidly disappearing before the approach of the white man, and in a few seasons will not be seen upon the island. While the lower lands present the character of alluvials, the moun- tains are composed of trass, syenite, and quartz, and afford no valuable stone for building purposes. " A deposit of coal is found near Point Doughty at the north-west end of the island, similar to that at Nanaimo on Vancouver's Island and at Bellir.gham Bay on the mainland. The extent of this deposit is not known, but, should future explorations make as favourable developments as are antici- pated, a railroad of three or four miles could be easily constructed that would convey the coal to the excellent harbour of Ironsides Inlet. i'}' " SHAW's ISLAND. " Shaw's Island lies soutji ol' the west end of Orcas Island, from which it is separated by Harney Channel, and is bounded on the east by Fiolic Strait, separating it from Lopez Island, and on the south and west by President Passage, separating it from San Juan Island. It contains about eight square miles. It is of very irregular shape, and its shores are in- dented by numerous small bays. In its interior there are no prominent penks. though the surface is une- '/i and much broken by hills and valleys ; the latter are small uid generally very swampy, and are rendered almost impassa )le by tliorny bushes everywhere heaped up in tangled masses. In many places it is almost as diltieult to traversi' the higher ground, owing to the under-growth, which consists nuiinly of small pines and firs. The timber, consisting of fir and cedar, is .small and scattered. Hero and there are snuill jiatehes ot J.'*' /.. 'v 1 SAN JUAN WATER BOUNDARY. 25 arable land which, in tho afrgrogate, would hardly exceed 300 acres o;i the entire island. " ORSTRUCTION ISLAND. " This small island is between Rosario Strait on the cast, and Ironside Inlet on the west, and is separated by narrow passages from Orcas Island on the north, and Blakely Island on the south. " BLAKELY ISLAND. '' Blakely Island lies immediately south of Obstruction Island, from which it is separated by a narrow passage, and is bounded by tho same bodies of water as the latter on the east antl west, and is separated by Thatcher's Pass from Decatur Island on the south. This island in its general shape is nearly square (it is a little longer from north to south tlian from east to west). It rises from the water almost like a pyramitl, its highest peak, which is about l,()o() feet high, heiiiji' a little north of tho centre of the island. It contains about six and a half srpiare miles, and throughout its extent is mountainous and rugged, presenting but few localities of even very limited area which might be profitaltly cultivated. Its shores are all more or less precipitous and rocky. The timber has been much injured by Iretpieiit (ires, for this reason there are no inducements for lumber-men. At least in one place (pt'rhaps in more) there is excellent water power, (irrass Nourishes on the slopes of the mountains. Near the centre of the island is a beautiful lake of crescentic form, about two miles in lenotli, and about lOO or 500 yards in width; its outlet is a rapid stream ot' considrrable force, which empties into a small bay on the Kouth-western side of the ishmd. "The only jirofitable purpose to which this tract of land could be placed, would be that of grazing. In tlii-* particular it possesses the advantages cmunei'ated in Orcas Ishuid. " DKCATUU L^I.AND. " Decatur Island lies innncdialely south of Blakely, from which it is separated by Thatcher's Pass. It is bounded m -':V;:;i ir ' ..t , I*'!:;''! > -v,. -"!:■; M m' id- !i"i^., >i*.'' M I- 20 SAN JUAN WATKR BOUNDARY. on llic onst by Rosario Strait, on tlic soutli and west by Macedonian Crescent, a bay lying between it and Lope/ Island. The area of this island is about f'onr S(iiiare miles ; its exti-enie lenirtli from north to south beinjx three and a half miles; its width about two miles. In it s general shajjc it is quadrangular, resembling Blakely Ishuid. About one fourth or more oi' its area is low land, well adapted to cultivation. On its casteiMi side there is a harbour, well protected by its natural eonfiguration from the prevailing south winds, and a sn;a!l island, known as James's, innnediately adjacent to it in l{o' north by Frolic Strait and Irons', les 15ay, on the east by the Macedonian Crescent and Uosario Strait, south by Hosario Strait, and west by Little IV'lt Passage and Ontario IJoad, which separate it SAN JUAN WATER HOUNUARY 27 from San Juan Island. It is very irroouljn- in sliapo, boiny deep in- dentations, which in their formation seem to follow no regu- l:ir law. Its greatest length from north to soiitli is about ten miles; its greatest width from east to west about four nn'les ; and it has an area of al)out twenty-eight .square miles. At its southern end the land rises into a ukjiuuI, which is nearly 5(10 feet in height, known as Watmaugh Head, and is a very promiui'nt landmark lor vessels in the Straits of Fuca. The southern coast is ;d)rupt and broken, while to the north there are lauhes and i'allen timber I'l'uder it a diilicult matter, willi 'Tea t toil and trouble, to ^h tl accom|ilish more tiiaii a mue an liour. There are permanent streams of water in several localities; anil m manv i)lai'es, w here the laud mii:ht lie too i-ockv f or |)rolitalili> cultivation, there is always good g rass. l pon this island alone, of the entire grouji, was iimnd any positive evid'Mice of the existence of beasts of |)rey. A\'olves are nu nuM'ous, and of the largest species known to exi^t » m our continent ; why they should be found here and not on Orcas ■m 28 SAN JUAN WATER BOUNDARY. and other islands of the Aivhipchio;o^ Is somewhtit remarkable. Formerly there were a tew of these animals on Snn Juan Island, but in a very short time after its occupation by white men they almost entirely disappeared, and are now no longer any annoyance to flocks. (So it will be on Lopez after a few persons have taken up their abode there. " One-third of the area of this island, perhai)s, might bo subjected to cultivation, but the greater part of this is still covered with trees, which it would require much labour to clear away. jNIuch of the remaining two-thirds, although rocky, is covered with grass enough to support many hun- dreds of sheej) and cattle. On its eastern and southern side there are a good many fishing grounds, where the Indians yearly take great numbers of salmon and halibut. At one of these localities, on the eastern side, there exists a small but very shallow bay, into which emj)ties jierliaps the largest stream of the island. At this place tho Hudson's Bay Com- pany formerly had a small trading station." Great as are tlic natural advantap^es of these islands, tliey sink into insignificance when compared witli the importance of the Archipelago, looked at from a naval or military point of view. In proof of this I cannot adduce stronger evidence than the report of the late United States General, rciaifer A. Smith, who visited these islands while in command of the military department of the Pacific. This report w;is addressed to the President of the United States, dated December, 1857, and stated as follows (') :-— " When I had the pleasure of meeting you in Washington, I intended to speak to you on a subject of great importance connected with the boundary between tho United States and (') Aiuorieiin Statu l^ipors, p. 52. c .' SAN JUAN WATER BOUNDARY. on ^ .^J^ wed at f of )ort liuth, the the .1 as ^c irrtoil, tance and tlie Britisli possessions north of tliem on the Pacific coast. The line, after liavin^f followed the forty-ninth parallel to the Sound divilinc^ tlie island of Vaneonver from the continent, is to run south, taking the main channel to its intersection with the straits of Juan di Fuca, and then west 'u'ough those straits to the ocean. " At this intersection lies a group of islands just north of the end of the straits, connnanding the entrance into the Sound and opposite to the entrance of Admiralty Inlet and Pugot's Sound in our own territory. These islands form a naval harhour that may be defended against any force if they are tortiliod as they may be, and the nation that disposes of them tlius will absolutely command, not only Queen Charlotte's Sound, but all those splendid iiarbours in our territory on the waters of Admiralty Inlet and Puget's Sound, as well as those on the straits of Juan di Fuca and the navigation of that inlet. These harbours are the best on the Pacific coast, for, with the timber that covers the hills bordering on them, and the coal in the adjacent territory as fur south as Gray's Harbour, they jiossess the great advantage of a rise and fall of tide of twenty- one feet, rendering the construction and use of docks easy and cheap. " i visited those wiiters in LSl'J-oO, and on my return represented to the President the innnense importance of the islands referred to ; and afterwards, at his recpiest, gave (liovernor Stevens, theii about to start for Washington Terri- tory, a written memorandum in relation to the subject." General Tatteu, a<»ain, the Chief En^'ineer of the Ignited States army, after a tour of inspection through the region of wliich \vc are speaking-, made an otHcial report to Ids Government in the following- terms(') : — "The fitness of this island (San »Iuan) ibr a permanent fortification, or for a military station of any kind, depends upon its relation to so much of our water frontier us lies along (') American Stato Piipors, j). 133, 30 SAN JUAN WATER BOUNDARY. tlie Straits of Fiica, and its water cominiinicatiou with tlie Gnlf of Georffia. "This particular suhjocfc was, therefore, kept in mind while I was pursuing my general examination of the north-west coast. It directed the particular course of my inspections of those waters, and led me to extend my explorations as high up as Fraser River. " I find nothing in the magnitude, form, or position of San Juan Island that will admit of tlie treatment for such a purpose, separate from general military considerations — those only with which I have anything to do — and I now jjroceed to give, as hriefly as I can, the convictions that have arisen in my mind after mature reflection. " Great Britain, bv owning the whole of Vancouver's Island, of which the southern shore l)ounds the Straits of Fuca on the north, possesses, just within its soutliern ex- tremity, the admirable man-of-war harbour of Esquinuuilt, and she now occui)ies it as a naval station, having present there, at the time of my visit, one line-of-hattle ship and four war steamers. Tliis harbour has, in a high degree, every internal convenience, facility of ingress and egress at all times, and perfect defensil)loness, at a moderate cost, by fortifications, should such defence be considered necessary at future times. " My first rennu'k on these circumstances is, that, pos- sessing Escjuimanlt harbour, the ownership of the San Juan Archipelago, or of that island alone, is not necessary to Great Jk-itain for her own occupation, either for defensive or offen- sive [inrposes ; because, while occupying ]*]s(piimault harbour, ami e7ijo>/iii(j naval superiority, she will command completely, so far as local position will enable her, the Straits of Fuca, and all other waters within Cape Flattery, including Puget Sound, A(hnira!ty Inlet, and all the channels and passages of the San Juan Archipelago. All our counnerco and connnunica- tions therein will be interrupted, or exposed to the greatest hazards. " AVith superiority afloat she will need no fortifications in the Archipelago in order to cominand the passages. Its (piiet SAN JUAN WATER BOUVDAUY. 31 mid ])l<'asaiit waters may be much resorted to l»y lier eniisors, hut the [)lace of retVeslimciit, rendezvous, and, if nci'd l>e, of rcfii<]fe, will, hecause there eau he no hetter, be E-iquiMiauU itseU". Indeed, a fortilicd anehoi'age at iSaii Juan i>land, for instance, would not he essentially nearer, and woidd no hetter overlook our harhours uf iJungeness, Port Discovery, Sequin Ilarhour, Adniiruity Inlet, Puget Sound, Sic, than that of Es(|niniault. '■'■ Neither does Ureal liritain need San Juan Island, nor any other island in the group, for the ))urpose of defending hy fortitieations her eomnninieations with the Gidf of Georgia.(') " Such a system wonUl ileuiand numerous works to over- look the many navigable passages through tiie group, while the same naval force that will he indispensable for other pur- jioses, will be precisely the best description of force for this defence, and (or interception of, and resistance to. exjjeditions from our distant shores. '• If, therefore, the Arcdiipelago be assigned to Great Britain, it will hardly he the seat of any naval or nulitary establishment. Possibly, with the growth of the country, some estaljlishments there may be deemed to need slight det'enccs against }»redatory raids, but nothing of that sort can o(;cur within any reas()nal)le time ; and nothing is likely to ha})pen in that way to ijear upon our j)resent ipiestion. liut even if it be her wish to fortify them, her river, being induced to do so by the easy communication it gave them with the Pacific througli a county at that tinu' unsettleu by any civilised power. In the year 1702, Captain (}ray, an American mer- chant captain, entered the mouth of the river, and, from the name of his vessel, it received the name of the Columl)ia liiver. In li^OTj-C), Captains Lewis and Clarke, Americans, descended the river from the Bocky ^lountains to the i'acific, and j)assedtl:e winter on its banks. Snl)se(puuitly a company of fur traders set up a. trading settlement at the mouth of the river, SAN .)[.\S WATKR llOnNDAllY. 35 as i,'ivin<^ it the namo of Astoria, aiul a small military post was establishod for its protoction. This i'ort was in the possession of Great Rritain at the conolusion ol' lier v.ar witli the United States, oomnieneed in 181:^, and, being- claimed on the ])art of the latter eountry, was rstooil that this a^ree- nii'iit is not to l^c constriUHl to the prejudiee of any chnni wliieh either of tiie two liinh i-ontractinii; parties may have lo any part of the said conntry ; nor shall it \n^ taUi'U to all'eet tlie eiaims of any other power oi- state to any part of the said conntry; the only ohjiH-lof the hiijli eontraclin;:; parties in that respeet lieinij (o prevent (li>*pntes and diller- ences amongst themsolves." Tl le arLnii nents by which llie claim (d' llic United States to the territory wbi(di f b.ivc tcrtncd tin debatable •ted ground is stip|)ort('d, are thus [)ut by a t 1) United States authority, Mr, \Vbeaton,(') (') Wli(>;itou'i HUMiKMits of liili'i'iiiitidiuil Iiiiw." (ill) IMit ion, p. 22lt. 1) ^s *;;'■ :jG b.-.y JUAN WATER BOUNDARY. 'f'-'i?'" t-'-l. " 1 . The first discovery of +lic mouth of the river Columbia hy Cai)t:un Gray, of Boston, in i7^*2; tiie first discovery of the sources of that river, iuul tlio exploration of its course to the sea, by C'a])tains Lewis and Clarke, in 1805-(> ; and the establishment of the first posts and settlements in tiie territory in question 1)y citizens of the United States. " 2. The virtual recorruition by the British Government of the title of the United States in the restitution of the settlement )f Astoria, or Fort George, at the mouth of the Columliiu River, which had been captured by the British during the late war between the two countries, and which was restoi'cd in virtue of the 1st Article of the treaty of Ghent, 1814, stipulating that 'iill territory, places, juul possessions whatever taken by either party from the oi! < ;' during the war,' &c., ' sliall be restored without delay.' This restitution was made, without any reservation or exce|)tiou whatso<)ver comumnicated at the time to the Amer!jau (Jovermnent. "3. The acquisition by the United States of all the titles of Spain ; which titles were derived from the discovery ot the coasts of the region iu qiiestion, by Si)ani5h subjects, before they had been seen by the people of any other civilised nation. By the 3rd Article of the treaty of 1810, between the United States and Spain, the boundary line between the two countries, west of the IMississijjpi, was estal)lished from the nu)uth of the river Sabine, to certain points on the Bed Uiver and the Arkansas, and miming aloiig .'lie parallel of 42 di'grees north of the South Sea; his Catholic Afajosty ceding to the United States ' all his rights, claims, and pre- tensions to any territories oast and north of the said line; and' renouncing 'for himself, his heirs, and successors, all claims to the said territories for ever.' The boundary thus agreed on with S|iain was eoulirnu;d by the treaty of 1828, between the United States and Mexico, which iiad, in the meantime, lieeoiue independent of Spiiin. *' 4. Upon the ground of coiiflifidti/^ which should give to the United States a stronger rijxht to those territories tlmti t \ I "'" . SAN JUAN WATER liOUNDAUY. 37 eoulil bo advancod by any other power. * If,' said Mr. Gal- latiin, 'a few tradin^• facLories on the shores of Hudson's Bay have been considered by Crreat Britain as giving an exehisive rirflit of ((cciinancv as far as the Kocky Mountains ; if the intiuit settlements on tlie more southern Athmtic shores justi- fied a ehiiiutiience to the South Seas, and, which was actually enforced, to the Mississippi ; that of the millions of American citizens already within reach of those seas cannot consistently be ieje( ced. It will not be denied that tiie extent of contiguous couiitr; to which an actual settlement gives a prior right nuist depend, in a eonsideral)le degree, ...; the magnitude ami population of that settlement, ami on the facility with whicii the vacant adjacent land nia}-, within a short time, be occupied, settled, and cultivated by such i)opulation, compared with tiie probability of its being occu[)ied and settled from any other ("uartor. This doctrine was admitted to its fullest extent bv Great Jjritain, as appeared by all her charters, extending from the Atlantic to the Pacific, given to colonies established then only on the borders of the Atlantic. How much more natural and stronger the claim when made by a nation whose pojiulation extended to the central parts of the continent, and whose dominions woro by all acknowledged to extend to the li'jcky Mountains,' " Tlio coimtv'^r ari^iiinonts m support of tlio claiin of ^*V' . Britain are put by liim as follows :(') — '■ 1, That the Columbia wa^ not discovered by Gray, who 1 aw (> , entorei. its mouth, discov'Tcd four ye;i;'s jireviously by Ijieutonant JMeares, of the B. m's! ,n»vy ; an I that the ex- ploration of the interior bordei-s of the Columbia by Lewis and C'larke, could not be consideriMl as coii!:r..iing tiie claim of the Unitt'd States, because il'not before, at least in the same and subsocpient years, the British North-AVest (\)m])any had, by means of their agents, already established their posts on .'i'-.- head waters or main branch of the river. (') WlioatuH'8"EKMi).'ntH." p. 230. 38 SAN JUAN WATER BOUNDARY. " 2. That tlie restitution of Astoria, in 1818, Avas accom- paiiietl by exi>ress resovvat'ons of the claim of Great Britain to that territory, u[)on which the American settlement must be considered an encroaclnnent. " l:\. That tlie titles to tlio territory in question, derived by the United States from Spain through the treaty of 18ii^, amounted to nothing more than the rights secured to Spain ecpially with Groat P)ritain by the Nootfca Sound Convention of 171)0; namely, to settle on any part of those countries, to navigate and fish in their water's, and to traelc with the natives. " 4. Thr.. charters granted by British sovereigns to colonies on th*. Atlantic coasts, were nothing more than cessions to the grantees of whatever rights tlie grantor might consider himself to jwsscss, and could not be considered as binding the subjects of any other nation, or as part of the law of nations, until they had been confirmed by treaties." In the year 1827 an attempt was made at a settlement of tlie question, JSIessrs. Huskissou and Addington being deputed to treat on belialf of Great Britain; and the claini of the power whose represen- tatives they were, was suj)])()rted by them in a Uieitl statement, of which Mr. Wheaton gives the follow- ing summary :(') — " Great Britain claims no exclusive sovereignty over any portiim of tlio territory on the I'acifie between the 't2nd and the 4i)th parallels of latitude. Iler present claim, not in reH|)ect to any part, but to the whole, is limited to a right of joint oc(Mipancy, in common with other states, leaving the righf of exclusive dominion in ulu'iiam'*' ; and her j)retensi()ns tend to the mere maint(.'nance of her own rights, in resistance to the exclusive character of the pretensions of the United StatcH. (') Wbeivtou'a " lillemoiitH," p. 231. party. SAN JUAN WATER BOUNDARY 39 "The riglits of (Jrcat Britain are recorded and defined in the convention of 171M). They embrace the right to navigate the waters of tliose conntries, to settle in and over any part of them, and to trade with the inhabitants and occnpiers of the same. These rights have been peaceably exercised 3ver since the date of that convention ; that is for a period of nearly fortv years. Under that convention, valuable llritish interests have grown up in those countries. It is admitted that the United States possess the same rights, although they have been exercised by tiiem only in a single instance, and have not, since the year 1813, been exercised at all; but beyond these rights they possess none. " In the interior of the territory in qnestion, the subjects of Great Britain have had, for many years, luunerous settle- ments and trading posts ; several of these posts are on the tributary Avaters of Columbia; several npon the Columbia itself; some to the northward, and others to the southward of that river ; and they navigate the Columbia as the sole channel for the conveyance of their produce to the British stations nearest to the sta, and for its shipment thence to Great Britain ; it is also by the Columbia and its tributary streams that these ])osts and settlements receiv*. their annual supplies from Great Britain. "To the interests and establishments which British industry and enterj)rise have created Great Britain owes proi.ection ; that protection will bo given, both as regards settlement and freetlom of trade and navigation, with every intention not '■.o infringe the co-ordinate rights of the United States, it being the desire of the British Govermnent, so long as the joint oc- cupancy continues, to regulate its own obligations by the same rules which govern the obligations of every other occupying party." No dofiiiite sottlemoiit of the controversy was iirrivod at in that year, but a convention was con- cluded between tlio two powers, which was in tlie terms following : — •^.i.i^i 40 SAN JUAN WATER BOUNDARY, *' Art. 1. All the provisions of the third article (') of the convention concluded between the United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland, on the 20th of October, 1818, shall be, and they are, hereby further indefinitely extended and con- tinued in force, in the same manner as if all the provisions of the said Article were herein specifically recited. " Art. 2. It shall be competent, however, to cither of the contracting parties, in case either should think fit at any time after the 20th October, 1828, on giving due notice of twelve months to the other contracting party, to annul and abrogate this convention ; and it shall, in such case, be accordingly entii'ely anulled and abrogated after the expiration of ^he said term of notice. " Art. 3. Nothing contained in this convention, or in the third article of the convention of the 2()th of October, 1818, hereby continued in force, shall be construed to impair, or in any manner affect, the claims which either of the contracting parties may have to any part of the country westward of the Stony or Rocky Mountains." From the foregoing discussions and treaties it is manifest, that Grreat Britain claimed an exchisive right to what is termed the Hudson's Bay Territory, north of the 49th parallel of north latitude, and claimed also a right of joint occupancy, in common with other states, in respect of the territory lying between the 49th and 42nd parallels. When, therefore, in the interests of peace, she surrendered lier rights to the last-mentioned territory by the treaty about to be described, she must be taken to have surrendered so much only of those rights as is defined by that treaty. And if it is now contended, on the part of the United States, that Great Britain ought to liave surrendered, and intended to SAN JUAN WATER BOUNDARY. 41 surrender, certain other rights which slie possesses (as, for instance, to the ishmds lying oil' the coast), the obvious answer is that, inasiimch as she did not specifically surrender those rights under the hu .:-men- tioned treaty, it is too late to argue as to what ought to have been, or what was intended to have been further provided thereunder. To sum up this chapter, Great Britain formerly claimed a right of joint occupancy, in common with other states, in respect of the territory lying between the 42nd and 49th parallels, and the islands adjacent thereto : it remains to be seen how those rights were affected by tL-^ treaty about to be described. fe'-'^ll CHAPTER V. Subsequent to tlie passing of the last mentioned convention, new discussions were raised between the Governments of Great Britain and of the United States, (^) and as a result thereof a treaty was con- cluded between them on the 15tli June, 184G. The 1st article provided as follows :(") — " From the point on the forty-ninth parallel of north latitude, where the honnflary laid down in existinf]; treaties and conventions between the United States and Great Britain terminates, the line of boundary between tlie territories of the United States and those of Her Britannic Majesty shall be contiiniL'(l westward along the said forty-ninth parallel of north latitude, to the middle of the channel Avhich separates the continent from Vancouver's Island, and thence southerly, through the middle of the said channel, and of Fucas Straits, to the Pacitic Ocean. Provided, however, that the navigation of the whole of the said channel and straits, south of the forty-ninth parallel of north latitude, remain free and open to both parties." The second article provided for the free navigation of the Columbia Eiver by the Hudson's Bay Com- pany, and the British subjects trading with them, from the forty-uiuth parallel of north latitude to the ocean. The third article provided tliat the possessory (') Tho coiTospomlonco botwcon tho two Govornmouts will bo found in a Bhio Book of the your 184G, entitled, "Correspondence relative, Ac, to the Orot,'on Territory." (-) American State Papers, p. 2. SAN JUAN WATKIl BOUNDARY. 43 riq-lits of the Hudson's Bay Company, and all other Ih'itish subjects, to the territory south of the said forty-ninth parallel, should be respected. The circumstances, under which this treaty was made and signed, are explained in a memorandum subsequently drawn up by Sir Kichard Pakonham, the negotiator thereof on the part of Great Britain, as follows : — " I have examiiied tiie papers put into my hands by Mr. Hanunond, relating to the line of boundary to bo established l)ct\veon the British and United States [)ossossions on the north-west coast of America, and I have endeavoured to call to mind any circumstance which might have occurred at the tune wlien the Oregon treaty was concluded (15tii June, 18 16) of a nature either to strengtlien or invalidate the pretension, now put forward by the United States Commi.ssioner, to the oH'ect tiiat the boundary contemplated by the treaty would bo a line passing down the middle of the channel, called Canal de Haro, and not, as suggested on the part of Great Britain, along the middle of the channel called Vancouver's or Rosario Strait, neither of which two lines could, as I conceive, exactly fulfil 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, I presume, tiie whole intervening space) which separates the continent from Vancouver's Island. And 1 think 1 can safely assert that the treaty of 15th June, 1846, was signed and ratified without any intimation to us whatever, on the part of the Uniteil States Government, as to the particular direction to be given to the line of boundary contenq)lated by Article 1 of that treaty. " All wo knew about it was that it was to run ' through 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 Fuca Strait to the Pacitic Ocean.' 14 SAN JUAN WATER BOUNDARY •1; ■f " It is true tliat in a (lespatcli from Mr. IMcLane, then United States JMinistor in London, to tiie Socretaiy <»t State, Mr. Buclianan, dated LSth ^lay, 184G, which dL-spatcli, how- ever, was not made i)uhHc until after the ratiHcation of the treaty by the Senate, Mr. McLane informs his Government that the line of boundary about to be jiroposed by Her j\Iajcsty's Government, woulil • probably be substantially to divide the territory by the extension of the line on the parallel of forty- nine deijrees to the sea, that is to say, to the arm of the sea called Birch's Bay, thence by the Canal de Ilaro and Straits of Fuca to the ocean.' " It is also true that Mr. Senator Benton, one of the ablest and most zealous advocates for the ratification of the treaty (relying, no doubt, on the statement furnished by Air. McLane), did, in a speech on the subject, describe the intended line of boundary to be one passing along the middle of the Haro channel. " But, on the other hand, the Earl of Aberdeen, in his final instructions, dateil IHth May, 1.S41), says nothing what- ever about the Canal do Haro. but, on the contrary, desires that the line nn'ght be drawn ' in a southerly direction through the centre of King George's Sound and the Straits of Fuca to the Pacific Ocean.' " It is my belief that neither Lord Aberdeen nor Mr. MeLane, nor Mr. Buchanan, possessed at that time a snficieidhj accurate hinxvled'h sop upon this to mean ? " Gen< j)Ioyed in the presen namely, w has, in th used ; and ef the Ore, liiul that pr " If th; iiary difficu t(/ ascertaii channel, am to the sea. " It is, arrajigemen because, oth the various i which lie be some difficul ought to be i SAN JUAX WATER BOUNDARY. t; would seem, be (lotermiiiel()yed in treaties, means a deep and navigable channel. In the present case it is believed that only one channel — that, namely, which was laid down by Vancouver in his chart — has, in this part of the gulf, been hitherto surveyed and used; and it seems natural to suppose that the Morjociators of the Oregon convention, in employing the word 'channel,' had that particular channel in view. " If this construction be mutually adopted, no prelimi- nary difficulty will exist, and the Commissioners will only have ii> ascertain tbe course of the line along the middle of that channel, and along the middle of the Straits of Fuca, down to the sea. " It is, indeed, on all accounts, to be wished that this arrangement should be agreed upon by the two Governments, because, otherwise, much time might be wasted in siu'veying tlie various intricate channels, formed by the numerous islets which lie between Vajicouver's Island and the mainland, and some difficulty might arise in deciding which of those channels ought to be adopted for the dividing boundary. " The main channel marked in Vancouver's chart is, in- deed, somewhat nearer to the continent than to Vancouver's Island, and its adoption would leave on the British side of the line rather more of those small islets with which that part of the gulf is studded than would remain on the American side. But these islets are of little or no value, and the only large M,-; ■'•: 48 !SAN JUAN WATKll HOUNDAUV and valuiihli' islnml l)ol«)ni2;iiiij to tlio jj;!'' .p — nainrly, that called Wliidlu'v's— would, of courso, Ix'loii^j;' to (lie Ujiilod Stat-s. *' This qiio'^tioii bc'iuu^, as T have aln>ady said, one of in- to'prt'tation ratlun ('vm of Kx'al ohsorvalioii, it oii!j;ht, in the opinion of Her Majc>si ,'s (}ovt>rinnent, to he ilett'rniined hefore the ( 'oinmissioners <;o out, which cannot ho oarlier than sprin«»: next vear.'' A (Ifaui^'lit i'o])y of (he inslniciions |)ro|)oso(l by (iivat IJriiain to bi' o-iv(Mi to {\\o C\>minissioiu'rs, il aj)])t)in(i'(l, was i'n('h)si'(l in the above letter, and it aj)i)ears to have \h\'\\ in the following' words :(') — *' lli'r Majesty's (Jovcrntnent and the (Jovt>rnnient of the United States, havintj determined to ap|ntint (.'oinuiissioner.s lor the ptn'|u)se t)f niarkini;: out that ]>art of the line of houndary hetvveen tiie British and United iStates possessions in North Anu'rica, which passes through the (iulf of (u'oi <;ia and Uiiea Straits to tlie Taeilie Ocean, 1 have to ;ici|naint yon, \c., i^c. ''The lirsl article of the treaty of the ITttii of »)nne, l,s|(!, hehvccn (ireat Britain and the United IStali's, providt>s as tt)llows : — '' From the point on the forty-ninth jiarallel of north lati- tude, where the houndary laid down in I'vistinj^' trcatii's and conventions JH-tweiMi ({ri>at Britain and the IJtiitcil IStates tenninati>s, tlu' line of h;>undary hetwiHMi the t(>rrito;i»'s oi Her Britannic Majesty and those ol' the United Slates shall he continued wi'stward alon^' the said t'oity-ninth pai.illel ot' iMilh latitude, to tlu» middle of the channel which Hcparaios till' continent from Vancouvi'r's Island, and thcnci' southerly, tlirouah the middle of tlu^ said chamici,, and of Uuca Straits, to the I'acitic Ocean: Urovidinl, however, that the navi>.';ation of tiie whole of the said clianiu'l and strait, south of the lorty- ninth parallel of north latitude, remain tree uiul ojien to lK)tli parties. (^) AllU'riciUl St;ll(' l\!| (TH, p. -H'. SAN .U'AN \VATi:i{ MOl'NDAUV. 49 Til'.' liist iipcialion, wliicli, in (•iiiijiiiu'tion wilii tlu I'liiti'd Sl.tii's ( '(immi^siiuiiTs, \ on will lia\o |o imdi'i'tal' \0 in Ira. '111;!,' I'n' ahovi- niciiiioiir.l linuiniarx' Inic, will lu> lo iK'tcriir'iu' wilh acciirary the jioinl at wliirli tlir li>iM \ -ninlli paiallcl of iiorlli latitiiiK' strikes tlu* i'as!i>rn slion' (if the (Jiill (ii''(ii'i.foia, aiiil t'l mark tlial point liy a snlistantial nioiunnrnt. " I'^roni that point von will carry on llic lino of' ko-milarw alixiu' the i'orty-ninth paralK>l ot' north latitmK to tli,> niiilillo ol" tlu> c'liamud l)ot\voi>n \'aM('onvoi''s Uland and tlio continont ; tlio wliolo liroailtli of tlio ( J nil' ot" ( JoorM-ia in tins part lu'inLi', a- I'ar as is known, naviL;altlo. Tlio lorni ' iniildlo ol' ilu- clianiii'l,' nsi'il in llio tri'ats', ina\- lii>ri 'u' assnined to moan llio middle ol'tlu' n'lill"; luit it is pr iKaMo ilial iKo point wliioh (Miixt iliiti's llio middle of the unit' cannot well he nvrked out li\ any ohji'et io lu' fixed permaneiillv on the 'pot. il must Ih> asciM'tained and li\etl liy the inlerseetion ol'the (•r(>ss - hearino's of nalni'al or ;;itiru'ial landmarks. Phis mailer ihe ( 'ommissI,,ners will have |o settle li\- n)uinal agreement ; luit il will l>e essential that the point in ipieslion should 1m' markt'd out as acenraleh' as »,iv> nature ol' thino's will adii I. " \'oii will lluMi pi'iH'eed to carr\ on the line ol iionndarv, Iroin this point down tlu' middle of ine Sliails of l''iu'a to die oeoan. In traciii::,' and maikiiiL; out this continuation o\' ihe honndai'v, the waler-line must, pr()haMy. still he dclcrmiiie.I li\ a series of points, |o he asceilained hy the inlerM'i'iloii ol' ei'o>.s-liearin^s. " In piM't'oiniini;' this opera lion il will, oreoui'se, he di'sirahle to ol)ser\e as nnieh aeeiiraex' as ma\ lie attainahle ; hut, iiulependiMillv ol' ih,' impo->sihihi \ of ai i'i\ iii;.': at matheiiial ieal piiM'ision in such mailers, snidi preei'-ion i-. ihe less ipottaiit, heeaiis ■ iho 1 1 eat \ >l ijnilate-; that the na\ ';j,alion e' lhe\\hol(< P ^1 ol' (he diniMe' of the (Inli' of (Jeoriiiii, :tni[ of the Sirait-^ of l''iuM. shall remain fret' and open to hoih parlies, "Thai pai'l ol' the ehaunel of the (iiiif of (ieori;ia whieli I'es nearly midwax heiv\ ecu the forly-elL',hili and forly-ninlh I'Mrallejs ol n Mtli laliliide appeu'in;.:, Ii\ \ aiieoiuers (diarl, to I<1 50 SAN JUAN WATER BOUNDARY, •I'. he olis^.'iioted by iiiiinerous islands, which seem to he sopit- raled from each other by small and intricate channels, a*' vet mic:q)lored, it has, therefore, been nintually determined between the (iovernments of Great Britain and the United ►States, in, order to avoid the difficnlties which wonld probably attend the e.\])lorations of all those channels, that the line of boundary shall be drawn along the niidillc of the wide channel to the east of those islands, which is laid down l}y Vancouver and marked with soundings as the channel which had been explored and used by the olHecrs under his com- mand. You will find the line thus described traced in red in the copy from Vancouver's chart hereto amiexed. It must necessarily be left to the discretion of the Commissioners to coimect this jjart of the lino, which, being drawn througl'. jiortions of the gulf free from islands, nnist pass exactly half way between Vancouver's Island iuid the main ; but the slight deviations of the boundary from tiie accurate midway which may I'or some short distance be recpiired for this j)urpose, caiHiot be of any material importance to either party." Tho British (jovernment liiul thus done all in their ])ower to ii])])ro:i('h a final scttlcinent of tho (jucstion, but it remained in aheyanee until tho year 185(1, iiKisinuidi as the leo-islature of the United States refrained fi'om appropriating;" the sums ncees- sary to meet the expenses of conducting' the operation of marking out the l)oundary.(') (') Aiiii'i'icaii Sliilo l.'ajioi'M, [>. 10.'. •f'A? OHAITI]!?, VI. MiANWiULK, Oil tlu' Olid of K'bnuiry, l>^ 17, the Soimtc u[" tlio L'liitod States passed a ivsolution in due {(tnn, directiiii,' Colonel (al'torwards General) .). C. Preniont, ol' the United States anny, who was then enjH'ai;'ed, olUeially, n))on a topoi^niphieal survey of Ore^-on and llpper Calil'ornia, to e mstruet a ina|) of those reL»'ions, and Mr. Charles Preuss, who iiad also heen en^'a^'ed in such survey, was directed to assi>ifc in the cunstructic n\ )!• tl US ni ii]).(') (leneral Fremont and Mr. I^reiiss Lifave their nuot a^siduous attention to the work, which was not con- cliuU'd until June, 18 IS, when it was pivseiitcd iu l!ie S(Miate, to,L;"ethcr with a i^'eoi^raphical nu'inoii' (lcscri])tive thereof, drawn up hy (Icm l''r<'nionl liiniself. The full title of the map was as loll nw s Map III OjtKUON AM> I'rj'KK CAI.IKIUNIA, !• Uii.M TIIK Sl'li\ KY.S Ol' ,Ii>ll\ t'UAIM.I.S Kkk.MdN'I', AMI uriii;i; aui'ndhi in.,-. IM.'AWN l;Y <'|IAU1.|;^; l'lihU.->S. UNDKU 'ini-: (iKlll.U 1)1 1 UK Skna'ii Ol' 'I in; (.'nitmi .Si'ati;.->, ¥t ¥!> w Asiii.vuioN (.'irv, JHIS. Tl le extciii ;ind chara' tcr ol this map w (IC scrihed hy (ieueral I'^rcmoiit in the " ( ^'d^'raphical (') lit'iM'nipliicii.l iMi'iiiiiii' 11(11111 ri\|i(ir ('iilifiMiii,! I»,v lu'iiii eliiii'li..i I'l'oiiKiiit. WiiaiiiiiH'iuij, js; V r, I. 1'. :;' 52 SAIS' JUAN \VATi;il BOUNUARY. Memoir," iuul, inasiauch as his doscription contains liiiJilily iiupurtaut evidence in favour of the claims of (jreat Britain to ihv Haro ArcliipeUuijo, I shall g'ive ]\'\> own lan<4'iiaL>'e :(') — "In Iiiying- the iii:i]i of Oroo;on and Upper California before tlie Senate, I deciii it i)roj)L' to show the extent and general eharaeter of the work, and how far it may i)e depended on as eorrect, as ht'iufj; founded on my own or other surveys, and how far it is eonjectural, and only presented as the best tlial is known. " In extent it embraces the wliolc western side of this continent, between the eastern base of the Koeky Mountains and the Paeifie Oeean. and between the Straits of Fuea and the (jiulf of California, (uliiHj for iV-v outline, on tlie iiorlli, the JxiiDahirij line icilh Great Britain, and on the south, inehiding the bay of San Diei^o, the head of the Gulf of California, the rivers Col(»rado and (Jihi, and all the country through which the line of the kite treaty with IMexieo woukl run from El I'aM) del Norte to the sea. To eoni|)iete the view in that (piarter, the valley of the lllo del xS'orte is added, from the iiead of ihe ri\er to I'il Paso del Norte, thereby ineludinij; New I\Iexieo. The map has been co:istructetl expressly to exhil)it the two countries of Oregon (') and the aha (Jalilbrnia together. It is bi'Iieved to be the most correct that has appeared of either of them ; and it is certainly the oidy one that shows the structure and conliguration of the interior ot Upper California.'" The j)()sitioii in which lie placed the houiidary liiu' hetweeii the possessions of (i rent Britain aiul the United States is mtwhert' described by him as "conjectural, ami only presented as the best that is known." ami it must, therefore, he taken to be correct according to (') " Oi'iio'i'iipliical Mi'iiioir," j). 1. (-') Al till' iiiM'iod 111' (his Hurvi'y tlmt uliidi i, now lallcil W.isliiugtmi Ton'iturv t'oinu'il a pai't of thr (»r-;Mii 'I'l'iriiory. SAN JLAN WATER BOUNDARY, .■)3 ■■ 1 1 tho jucli^imMit of (rcnoral Froniont and ^Iv. Cliarlos Prcuss, no moan autlioritios. Tlie l)()un(lary line in tliis official map, pnblisliod l)y tho (liroction and undor the authority of tho Sonato of tlio United States, starts from the middle of tlie Gulf of Georijjui, on the forty-ninth ])arallol of north !atitu(h\ and runs thence southerly throuij^h tho michlle of the Uosario "Channel," and throunj^h tlie middle of Fuca Straits to the Pacific Ocean, tlius, as I ven- ture to suhmit, fullillini^* to the letter the words of the treaty of IS 10. On the oth of June, 1 S |.S,(') it was rcsidvod hy tlio United States Senate," tliat tho Secretary of the Senate !)(' authorised to contract for lithon"ra])hin' .Ol),!)!)!) copies of J. 0. Fremont's ma]) of Oro^-on and C^difornia, reduced from the orij^inal accordiuu," to the ])r()jection to 1)0 furnished by the said J. 0. Fre- mont." It was also resolved that tho same number o! coi)u>s o f tl 10 ( u'ot;'ra|)hical Memoir" sho )U Id b printed. On the loth of dune it was further resoKcd, that 100 conu's oi tl 10 map, aiu d tl 10 same numher ol the memoii" should be ])rintod for tho us(» of the Topoy,"rai)hieal liuroau. (A fac-simile of a ])ortion of this map, siiosviniL;' the ])osition of tlio boundary lino according; to the judL;Mnents of (loneral 'voniont and Mr. i'lvuss, is ])rosontod to the ])ublic with this volniDo.) On tho :^lst of October, \^'yl, a second United States (.iovi'rnmont map was ])ublishod, the lull title if which is as ibl lows :(-')- (') " Qoograi)luL'al ]Memoir. (") Auun'icim Stiito Papi'i's, p. .')»•. 54 SAN JUAN WATER BOUNDARY. "A diiigram of a portion of Oregon Territory. Surveyor- General's Office, Oregon City, October 21st, 1852. John B. Preston, Surveyor-General. Scale, ten miles to an inch." This iniip shows upon it the southern portion of the Gulf of Georgia, Vancouver's Strait, and the Straits of Fuca ; the line of boundary, as in the former map, runs down the Rosario Strait, and thence through the Straits of Fuca into the Pacific. In the year 1853 that conscientious and accurate geographer, John Arrowsmith, drew up a map of Vancouver's Island and the adjacent coasts, from the surveys of Vancouver, Kellet, Simpson, Galliano, Valdez, &c., and from the al)ove-mentioned map of General Fremont, and the boundary line Avas described by him in accordance with the views which he believed to be held by the Government of the United States, and in accordance with the above-mentioned map of General Fremont. Again, I take up an atlas published in Scotland in the year 18G2, by those eminent geographers the Messrs. Black, and in a map of the Western States of America 1 find tliis region depicted with the boundary line distinctly traced as running through the llosiirio Straits. It a]}poars, however, that, in spite of the admission!^ tmide in their ollicial maps and surveys by the United States leg-islature, that a line drawn down the middle ol" tli(^ Ilosario Strait was the boundary intended by the treaty of IS {.(I, the legislature of the Ten'itory of Oregon, the adjoining coast being within their juris- diction, passed an Act by which they affected to SAN JUAN WATER BOUNDARY. 65 '>■*■■' incliule thf Haro Arcliipelago as a portion of one of tlie counties of the Territory. (^) I am not aware whether this local Act ever re- ceived the sanction of Congress. Subsequently, in the year 185;3, the Territory of Washington was created out of part of Oregon, and tlie coast opposite to the Haro Archipelago becanie a portion of that Territory ; and by an Act of its legislature, dated IS-") I, the Archipelago was alleged and declared to form a part of one of its counties, named Wluitcom County. This Act has, I believe, never received tlie sanction of Congress. Tlie relations between the Government of the United States and the particular districts called IVrritories are not easily to be defined or described, and I do not think they are clearly knowii to the United States jurists themselves. Territories are states in embryo, not having a po})ulati(>n sulliciently numerous or powerful to admit of their being received into the great federation on terms of efpiality with the otlier societies which are diunifuMJ bv the name of states. It appears that the Congress of ^ho United States assumes to exercise supreme control ovtM* them, anil the acts of a Territorial k\gislature are subject to the control of the Senate, wliicli may annul the same, and if not annullecl, it seems to foUow that such acts become a part of the general law of the United States, 'i he Territories send to the general Congress delegates, who take part in the discussions of the House of Iie])resentatives, but do not enjoy the right of voting. (') AiiR'riciin Stiito I'lqiors, p. U. ; : ■ ■■.:• .-.tUst (■A •:,.[ 'rj;v\i| ':■%■ >^1!^ 56 SAN JUAN WATER BOUNDARY. The little weight to be attached to the assumption of title to the Haro Archipelago by the legislature of Washington Territory, may be judged by the fact, that in the year 18G0, six years subsequent to the passing of the Act, that legislature represented a population of ll,r)9i< persons, men, women, and children (many of them half-castes), spread over an area of 113,000 square miles. ('^) And when we read of governors, collectors, receivers, judges, and even chief justices, land agents, and United States mar- shals of Washington Territory, does not the picture rise before us of that Eden in the wilderness, described with so much humour and pathos by Mr. Dickens in "Martin Chuzzlewit." On the 14th of July, 1855, Mr. Marc}^ Secretary of State, wrote, by the direction of the President, a letter to Mr. Stevens, the governor of Washington Territory, from which the following is an extract :(") — " He (fclie President) lias instructed me to say to you, that the oflicer.s of the territory shouKl ahstain from all acts on the disjmted grounds which arc calculated to [)rovoUe any con- flicts, so far as it can be done without implying the concession to the authority of Great Britain of an exclusive right over the premises. " The title ought to be settled before either party should exclude the other, by force, or exercise complete and exclusive sovereign right, williin the fairly disputed limits. "Application will be made to the British Government to intei'pose with the local authorities on the northern borders of our territory, to abstain from like acts of exolusivo ownership, with the explicit understanding that any forbearance on either (') Los iCtiifcs Uiiis d'Amoriquo on 18(!H. Par John Bigolow, Consul dcs l5tats Unis ii J'liris. 1803. I'p. TiLlt, 5 15. ('•') Auiorioiin State Papers, p. Itt. SAN JUAN WATER BOUNDARY. 57 side to assert the rirjlits respectively, sliull not bo construed into nnv concession to the adverse party. " By a conciliatory and moderate course on both sides, it is sincere]}' hoped that all ditHculties will be avoided until an adjustment of the boundary line can be made in a manner nuitually satisfactory. Tlio Government of the United States will do what they can to have the lino established at an early period." A copy of this extract was forwarded by Mr. Marcy to Mr. Crampton in a letter of the 17th of Jul}', which was as follows :(^) — " Sir, — I am under some apprehension that collisions may take j)lace between our citizens and British sul)jects in regard to the occupation of the disputed point above tlie line, between Washington Territory and the British possessions on the north of it. " hi the hope of avoiding such a difficulty, I have, by the direction of the President, addressed a letter to the (iovernor of that Territory on the subject, and herewith furnish you with an extract from it. I presume that the Gmernment of Her Britannic Majesty will be willing to reconnnend to her sub- jeets along the boundary in ([uestion a similar course, until the line can be established. Li that way I sincerely hope all collision may be avoided. " I avail myself of this opportunity to renew to you, sir, the assurance of my high consideration." On the 1 8th of July Mr. Crainptoii replied, con- curring in the propriety of the course recommended to Governor Stevens, and expressini;' his intention to advise that a reciprocal policy should be adopted by the Governor of Vancouver's Island. (") Thus it was agreed between the Government of the United States and that of Great ]}ritain, tliat tlie ■ '''■ ■ ". ■ ". f' V .Vll ;•> ■■'>;i t!>.. ' ■, '",. rv- ,'■■5-;,. ' ■ J'- '1 __ ■V' ;■,% ... S!'' m '-'r ,:,«'. (') American State Papers, p. 145. (») American State TaperH, p. 230. 58 SAN JUAN WATER BOUNDARY. question as to the possession of tlie Haro Archipelago shouhl remain in abeyance, and that no acts of either side, or forbearance from the exercise of jurisdiction, should prejudice the question of the title. It appears that notwithstanding the definite agree- ment thus arrived at, the property of the Hudson's Bay Company on the Island of San Juan was in the year 1855 assessed by the civil authorities of Washington Territory ; the Company very properly declined to pay taxes attempted to be levied by a foreign power, and their property was, in consequence, advertised and sold by the authorities. (^) A correspon- dence ensued between the Governors respectively of Vancouver's Island and Washington Territory, in the course of which the former stated that he was in- structed by the British Government to regard the Haro Archipelago as an integral ])art of the British dominions. A claim for damages in respect of the above-mentioned seizure of property was made by Mr. Crampton, the British Minister at Washington, against the Government of the United States, and at the same time he renewed his proposal for the appointment of a joint commission for the purpose of marking out the boundary line. While thus renewing his former proposal, he suggested that if the Govern- m«nt of the United States couhl not, without diffi- culty, accede to the same, it should join Great Britain in adopting the channel marked by Vancouver as the only navigable channel known, to be the channel in- tended l)y the treaty. (°) American State Ptipora, pp. 3, 78. CHAPTER VII. On the 11th of August, 1S5G,(') an Act was at Icug-th passed by Congress, autliorising the appointment oi a commissioner by the United States Executive, to work jointly with a commissioner appointed by Great Britain ; the joint instructions proposed l)y ]\[r. Crampton on the former occasion were not, however, accepted, each Government being left at liberty to issue its own instructions to its own officers. I3y Section 4 of that Act it was provided that, " until otherwise provided for by law, the proceedings of the said commission shall be limited to the deniarcatiou of that part of the said line of boundaiy which forms the boundar\^ line between AVashington Territory and the British possessions." Two commissioners were then appointed by the British Government, Captain Pre\'ost and Captain Richards, of the Royal Navy. As a disi)ute sub- sequently arose as to the authority with which those commissioners were invested, it will hv convenient to insert here the commission by which they were ap- pointed, and the instructions issued to them. The commission was as follows :(") — " Whereas, by tiie first Article of the Tronty concluded and sitriied at Washington on the loth day of June, li)4(), (') American State Papers, p. iJ. ('-) American State Papei-s, p. 09. 00 SAN JUAN WATKR BOUNDARY. hetwoen iis and our ijood friends the United States of AnKM'ica, it was stipulated and agreed that from the point on tlie forty- ninth paralhd of nortli latitude, where the i)oiuidarv hiid down in existinf; treaties and conventions hetween Great Britain and the United States terminates, the line of houn lary hetween our territories and those of tlie United States shall he eon- timied westward along the said forty-ninth parallel of north latitude to the middle! of the channel which sej)arates the continent of Vancouver's Island, and thence southerly through the middle of the saitl channel of the Fuca Straits to the Pacific Ocean : Provided, however, that the navigation of the whole of the said channel and straits south of the forty-ninth parallel of north latitude remain free and open to both parties. And whereas the lino of boundary de- scribed in the said Article has never yet been ascertainetl and marked out, and it a])pears to us and to our said good friends the United States of America expedient to appoii\t commissioners for that purpose : Now know ye, that wo, reposing especial trust and confidence in the diligence, skill, and integrity of our trusty ami well-beloved James Charles Prevost, Esquire, a cajjtain in our royal navy, have nominated, constituted, and appointed, and by these presents do nominate, constitute, and appoint him our First Commissioner, for the purpose of surve3'ing, ascertaining, and marking out, in conjunction with the commissioner or commis- sioners aj)pointed, or to be a[)pointed, by the President of the United States in that behalf, so much as the lino of boundary hereinbefore described as it is to be traced from the jxjint where the forty-ninth parallel of north latitude strdces the eastern shore of the Gulf of Georgia. And we do hereby give to our said couunissioner full power and authority to do ami i)erform all acts, matters, and things which may be necessary and proper for tlnly carrying into etl'ect the object of this our connnission. " And we, reposing especial trust and confidence in tlie diligence, skill, and integrity of our trusty and well-beloved George Henry Kichards, Escpiiro, a captain in our royal navy, SAN JUAN AVATER BOUNDARY, 61 have nominated, constituted, and appointed, and by these presents do nominate, constitute, and appoint him our second connnissioncr tor the purpose ot this our commission, and we do hereby cjive unto him full power a.v: authority to be present with and to assist our first commissioner in the due execution thereof, and also in the ease of the death, absence, or incapa- city of our said first conunissioner, to sup|)iy his place and to act singly as our commissioner for the due execution of this our commission. " In witness whereof we have signed these presents with our royal hand, given at our Court, at Osborne House, the l-Sth day of December, in the year of our Lord One thousand oight hundred and fifty-six, and in the twentieth year of our reii^n. " P>y Her Majesty's con;mand. " Clarendon." The original iiistractions issued to Captiiin Prevost were coutaiuecl in two letters addressed to liini by Lord r'.uvndon, dated 2()tli December, IboG. The iirst 1> Ltjr was as follows -.C) — "Foreign Office, December 20th, 185(5. " Sir., — I enclose you herewith a commission, under Her 3lajesty's sign manual, appointing you to be Her Majesty's first commissioner for ascertaining and marking out so much of tlie boundary, under the first article of the treaty between Great r)ritain and the United States, of which a copy is enclosed, as is traced from the point where the forty-ninth liarallel north latitude strikes the eastern shore of the Gulf of Georgia, and also appointing Captain lliehards to be Her ]\bijesty's second commissioner, and authorising him to be j)resent with, to aid and assist you in the execution of your duties as first conunissioner; and, in case of your being incapacitated by any cause from the performance of your duties, to supply your place as first commissioner. (') American State I'upLi's, p. lO'J. ■•(..■ ■ : • ■ : .<• f>2 SAN JUAN WATEH HOUNDARV ^' l^iulor tlie antliority of this ajijiointnioiit, (*;i|)<;iin UiohiU'ils luajf, if you (.'ousidcr it dcsirablt', I)e pi'osonl a(, ami take part in, (ho (lisciissioiis botwoi'u yoursolf ami the citinniissioiicr or cominissioiu'ivs appoiiitiil hy tho IJnitoil i^latcs, but the responsibility tor tho ooiidiK't ot" the coiniuis- sloii, aiui tho control of its procoo(iinay be liicely to be useful t(» you. You will rcptirt to me from litiu! to time, and in duplicates, ^•our proceedings In execution of the instructions wliicli I have .■nldres.seil to yi)U. " ('lak):ni>om. ^' Caplam Trevost. U.N., v'^c, ito." Additional instr\U'lions were at tin' >iunv time issued io C'ai)tiui\ l*i'evi)st. \\lii»di, so far us tlu'v I'c- latrd |i) tin (dmraotx'V ()\vefs, were as ll)ll<)\vs ■.[^) — '•The (Jlueen, hiiving been pleased }o appoint you ii) be Her Majesty's First Comiui.swir)ner tor marking out .so much (M Alllrncall S|;it,> rujwj's, p. III}.. I:i(ltnd(>, iiiid eom( tenninate Her Jh-if; be contiiii "f Dortli 1,1 tlie con til I tiirough 1 1 10 (lie i';,.-i ••f'die wli(,l '"'"Ml paral p;uti{;i \\;is laid d, '•"iitinent ai idaii.ls thn "1 various d '" (lie fsout "' ''nan di I '* At tho •" bMd, („,i, "I't known \ .incotiver's ''■^'I'einitv of SAN JLAN WATKU BOUNDAKV. (}:] v.» (if the boundary l)ot\vo(Mi Hoi* Majosfy's possessions in North Ainci'ica, and the territories of the United States, as is coin- prised between the continent of America and Vancou\er"s Island, [ have to furnish you with the foIlowin<;- inslniclion.s for vour j^uidance in the execution of the duties intiMisti.'d to you by Ker ]\rajesty. The boun(hiry which, in conjunction with one or more commissioners appointed by the Glovern- ment of tiie United States, it wiU be your (hity ai'cnratcly to deiine, is descril)ed in tlie treaty bet weon ( ireat I'ritain an tJio United States, of dune loth, IS 1(5, in the f ollowini; <^enera terms : — '' ' From the point on the forty-ninth parallel of north latitude, wliei'o the boundary laid down in existinii; treaties and conventions !)etween Ureat liritain and the United States terminates, the line of boundary bctwetm the territories of Her Ih'itannic ilajesty anil those of the United States ^hall l)e continutMl westward alnnij; t.h(! said forty-ninth parallel of north latitude to the middle of the cdiannel wdiicli separates the continent from Vanciouver's Island, and thence southerly, through I lie middle of tlii) said channel and of Fucas Strait to the I'acilie Ocean; Pri)vided, how(!ver, that (lie na\iji'i»tion of the whole of the said i-hannel and straits south ^'li' the I'orty- ninth parallel of north latitmle remain free ami open to both parties.' " !l is to be rcLrretled that, no map or plan was aiuiexed to the treaty on wliich the litu' ol' boundary tlni-s indicut(5il was laid down, as in the intermediate space between the I'oiitinent an< I \ uncouver s Island, tl lere are several smaller i'-lands, throuu'h and amon^f which diU'erent channels run, n various directions, alouii; one or more of which a passau; re I" the southwai'd, from tht< (Julf of (Jeorgia to the Strait of Juan di Fuca, may bo found. "At the time, howe\'er, when the tre.aty was concluded, ill l''^li!, only one navigable chauntd was known to exist, viz., tliit known by the name of Hosario Strait (sonu^timos called Nancouver's (flannel), which rims due south from the lower extremity of the liulf of (Jeoroia to the eastern extreniily C4 SAN JUAN WATER BOUNDARY. of the Straits of Fuca. A lino dniwn tlii"oiie(l on the sul)ject, to renew the pi'oj)osal, thai, as a |ireliminary to the meeting of their i'es])ective Commissioners, the two Governments Bhonld comt! to an nnderstaniliuL!, betwi'cn t'lemselves, as to what was the channel of (he treaty. Tluu chamiel is, there- loi-e, now to be ascertained. It is to bo sought for bitween Vancouver's Island and th(> mainland, in an arelii|)t']ag() of islands, hitherto unsurveyed by any Ih'ilish authority ; though it would seem, from a chart pnl)lished in the United States, in llie vear l8r)4, calh.'d ' A Keconnaissance of Canal do Arro and Strait td' J{h.nd. '• At the otlun' extreme point of the boundai'v between the trrritories of (ji'eat I'ritain and the United States — namely, the Straits of .luan de Fuca — there is only one channel, and along the centre <)f that channel the boundary line is to lie ih'awn. '' Any fpiestion, indeed, as to which channel is to Ik' ailopted as the true line of boundary indicate(l by the treaty, can only ariso when there is more than one clianni'l which luiglit be su|)posed to answer tho description ol' the treaty. " So long as tliore is only one ehaniud s(>parating the con- tinent and Vancouver's Island, no doubt <'an In; entertained, and, therefore, tlu" eeiilre of the (Julf of (leorgi:', so far as ill*' latitude wlu're it ceases to bo the only chamiel, and tbe I' 66 SAN JUAN WATKK HOLNDAllV centre (jf the Strait of Fuca, till it ceases, also, to be the (Jiily channel between the continent and Vancouver's Island, appear to Her Majesty's (government to be fixed points in the line of boundarv, and it is only as regards the sjtaco between the two points that any dill'erences of opinion as to the proper channel can exist. *' A line drawn down the middle of the Gulf of Georgia would pass just to the eastward of the Matia Group, at the head of Rosario Strait, anil being prolonged from thence nearly due south, would pass through liosario Strait into the Strait of Juan do Fuca. It a})pears to Her Majesty's Govern- ment that the line which I have described is so clearly antl exactly in accordance with the terms of the treaty that it may bo hoped you will have no dilUculty in inducing the American commissioner to ac(|uiesce in it. If, however, the commis- si(mer of the United States will not adopt the line along the Rosario Strait, and. !J\ on, n dcfa'dcd and (trciwate snrvi'ii, and on tcof/itnif the et'idciicr. on ho/h xides of the (/ui'nfio)i, ijou should be of opinion. fh(d, l.he vla'uns of llcr Majcstifs Gorirninent to con- sidci' IlostU'lo Sti'ait as the chumiel indicntid In/ the tcords of the treat// e.nnnot he suJist initiated^ yon would lie at lllx-rtt/ to adopt any other inlertnediate rhainwl yon may diseorer on which the United States Coininisjiioni')- a)id i/onr self may aaree, as substan- tially in acrordinee with tin' description of th. 'Xi. 'f^'l::. >■> OS SAN JUAN WATER BOUNDARY. SO far as tliey related to the deierrainatiou of the boundary line, were as follows : (') — " Department of State, Washington, Feb. 25, 1857. " Sir, — The President of the United States, by and witli the advice and consent of the Senate, has appointed j'ou the commissioner on the part of the United States to determine and mark the boundary line between the United States and the British possessions, as descriLod in the first article of the treaty between the United States and Iler Majesty the Queen of Great lU-itain and Irehind, of the 15th June, 1816. " Enclosed is your commission, and a printed copy of the above-mentioned treaty, as published by this department. The first article of the treaty describes the boundary line in the words following, viz. : — ' From the point on tlic forty-ninth parallel of north lat'tude, where the boundaiy laid down in cxistinir treaties and conventions between the United States and Great Britain terminates, the line of boundary between the territories of the United States and those of Her Britannic Majesty sliall be continued westward along the said forty-ninth 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 saiil channel of the Fuca Straits to the Pacific Ocean.' Section l of the Act passed by Congress August 11th, IS5(», for carrying the foregoing article of the treaty into effect, directs 'that, until otherwise jiroviiled for by law, the proceedings of the said connnission shall ho limitetl to the demarcation of that part of the said line of boundary whi'jh forms the boun- dary line between Washington territory and the British possessions.' " The same Act provides for a chief astronomer and sur- veyor, and an assistant astronomer and surveyor, a secretary to 1)0 appointed by the commissioner, and a clerk to be appointed by tlio chief astronomer. The em])loyment of such other persons as may bo necessary is left to your discretion. (M Amcr'tviu Stato I'upt in. p '.Hi. and has in the aj to divide upon the enee of ( views are departme " Mr. astronouK to yon. "You oomniissio perform tl to authorit deiiiarcati( >uch office survey of useful ; ' a Secretary Sujteriuten operation ii portion oft outfit, and to Fuca Sti oil the part <-'> detenniii article of t ''itcd. " You ai tions, and w vi.sed of you coast, and tli "lit a statemi tlieir occuj)at " Uj)on I SAN JUAN WATER BOUNDARY. (59 " Lieutenant John G. Parke, of the Topographical En^^i- noers, has been appointed chief astronomer and surveyor, and has been directed to report to you. It is not conteiuphited, m the appointment of a cliief astronomer and surveyor, at all to divide the responsibility which these instructions devolve npon the commissioner. It is not presumed that any ditfer- ence of opinion will arise, but should that be the case, your views are to govern until a decision can bo obtained from this department " Mr. George Clinton Gardner has been appointed assistant astronomer and surveyor, and has been directed to re])orl to you. " You will with as little delay as possible organise the eoinmission, and prepare a suitable outfit to enable you to perform the duties entrusted to you. The above Act referred to authorises the President, for the purpose of aiding in the demarcation of the boundary line, 'to direct the emjdoyment of . 18. "*'/--.. ill ) 72 SAN JUAN WATER BOUNDARY, the Harbour of Esquimault, when the coininissioners exhibited their respective commissions, which were read, and, according to a minute made by Mr. Camp- bell, were found to be in due form. The commis- sioners then discussed their future plans, and agreed to proceed to Point Roberts, towards the north of the Gulf of Georgia, in the neighbourhood of which, it was stated, the initial points of the boundary line might be expected to be found. On the 17th July, 1S57, a second meeting of the joint commission was held on board H.jNI.S. Safellite, in the Harbour of Nanaimo, on the south-east of Vancouver's Island, when an adjournment was found necessary in consequence of the uon-an'ival of II. M.S. Plumper. Tlio third meeting took place on the j2Gth October, 1S57, on board H.jM.S. SafcUifc, in Simiah- moo Bay, t)n the coast of British Columbia, near Point Roberts, when the British commissioner. Cap- tain Prevost, stated that as he had verified the general accuracy of the United States Coast Sur\-ey Chart, dated 1854, he was willing to take that chart as the chart upon which the general character of the boundary line should be determined, leaving the correct tracing of that line to be subsequently carried out by the surveying officers. T''3 first article of the treaty of IS 10 was then read and discussed,(^) Captain Provost arguing that Posario Strait was the only channel which would the answer the language of the treaty, and ^Ir. Cam])bell stating that in his opinion the boundary line should (') Amoricau Stato Papers, pp. 48,49. SAN JUAN WATER BOUNDARY 73 pass tliroug-U tlie Canal de Haro. Tlie fourtli mect- innf of the joint commission was lield on tlio :27tli October, 1S57, on board H.M.S. Safc/lUe, in Simialimoo Bay, when another discussion took place, Captain Prevost pointii .,' out that the Kosario Strait was the channel preferred by vessels sailinijj throui,di the waters between Vancouver's Island and the mainland. On the following day Captain Prevost proceeded to put the substance of his views on the boundary question into writing, in a letter addressed to Mr. Canii)bell, which was as follows :(') — *^ ITor Britannic INInie.sty's ship SafeUifr, " Simialnuoo Buy, Gulf of Georgia, Oct. 28, 1S,')7. " Sn?, — With reference to the various consultations we have had as to the direction in which the houndary line should run throui^li the channel separatinrr the continent from Van- couver's Island, at and to the southwartl of the forty-nintii parallel of north latitude into the Straits of Juan de Fuca, and from thence to the Pacific Ocean, I have the honour to com- municate to you in writing the views 1 entertain on the subject. " 2. As the water boundary line to be determined is described in the first article of the treaty between Great Britain and the United States of 15th June, l.S4(), ir, in my opinion, clearly follows that the direction in which the said line is to be traced should alone be sought in tlie words of that treaty. I will hero quote them so far as they relate to the particular line of water boundary : — " ' The line of boundary between the territories of Ilor Britannic Majesty and those of the United States shall be continued westward along the said forty-ninth 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 Fuca Straits r»' (') Amorican State Papers, p. 10. 7t SAN JUAN WATKU BOUNDAKV u to the Pacific Oce.an ; providei!, however, that tlic navInt and humble servant, "Jamrs C. Pukvost." -v-v).; It will be seen that in this letter the Tiiitish commissioner did not adopt the lucid ai"i;-umcut stated by Lord Clarendon in his instrnwtions of the 20th December, 18. "30, but founded his opinions (as 7n .SAN .lUAN WATKI? COrNDAlO'. ho was justiHod in (luiDu^, and, indeed, l)oiind to do) upon a careful consideratiou of the wording- of the treiity. On the :h\(\ Novemher, 1 So/', the I'nited States eoniiuihsioner, then encamped at tSiniialinioo, rej)lied as ftdlow.s :(') — '* Sin, — I have (ho Iionour to iieknowloilnv tlio rtvoipt of yorr lotti.'!' of the 28tli ultimo, einhotlying your views iu ivla- tiou to tlie deferuii nation of tlie water bouiulary liotween tiie Uuitod iStati's and the 15i'itish jiosscssioiis, as deserilx'! iu tlio lirst arliek' oC tho treaty of June 1 r)tii, L'^if! ; and, in eoui- ]'iiaiu'(3 witli your recjuost, I herewith eonunuuicato my views on tlio suhjeet for your eonsideration. " Tiie following;; is^ the description of the whole houndary line, that part ol" it roiating to tho wat^r boundary being undorseored ; — '" ' I'^'rom the point of tho forty-ninth parallel of north lati- tudi.', wiiore the boundary laid down in existing treaties and conventions terminates, the line ol' boundary between the territories of the United States and those of Her lii-itannie Majesty shall bo continued westward aloiii/ t/i' mitlforfy-niii'h parnllv/ of vovth /ntUiidt' to the iiii'ldle of Ike chdiiuil ir/ilrh scpandts ilic coiifinciif jrom Wincoiiirrs labind, atul thence southerJij ihrvn'th t.lu; Diiddln of the said cImwu/, and of Fuca Sti'iilJ^ to the Pac'ifk Ocean,- pfOi\deil, hoicccerf that flw narifja- tiou of the whole of the said channel and .itraifa soo/h of the fovtjj-niidh jxti'aUel of north latitude remain free and open to both ^follies,' " It was coneedotl on both sides, in our recent discussions, that there would Ik- no dilHeulty in traeing the bouutlary line through, the (iulf of (Jeorgia and the Siraiu ot' Fuea (the tl le northern and southern extremities of the line between forty-ninth parallel ami the Pueilic Ocean); but as there are 60\'eral navigaMe ehanuels eonnectitiji; their waters, u (piestion ('; A'aoriciiu yiiilo rapora.p. 11. nrose a tieaty. and arc is t()iui( and in ( TJu's eh; (.'anal d ii.niie Ol consider islands i a eonsid where tl f-land, i the Jangi eon\-er's " Th. not eai'r\- fails to n will uppr (ei-ni sou (eeiuu'cal Fnea, wl wes(t>i-Iy ; ihrcKifh tl t(- the P; wli«d(> ex|( the treaty h is (pnte hi' iiiiih'rst inidoulited 1' sliuw il instead i.f snpposod \^ilh llu' n, >^'"Mrso u\' ( i'lipraetical I'^llca, flea I SAN jr.VN WATliR BOUNDARY 77 rirose as to whicli of these Avas Ihe clianiiel inti'iuled li\' the treaty. These cliainiels are eaiisod l>v a cluster of ishindp, and are of various ilinieusious. Anion*^ them, liowevef, one is found pre-eminent as to width, depth, and vohnno of water, and in every resjiect satisfying the re extent of lino, if objection is made on this gruiuii', tlie treaty will be nullified, and cannot be carried into etl'ect. It is (piito evident, however, that the term ' soutlu-rly ' is to understood only in its eomnion anil ifoneral sen> It \> lllliloUli tedly used lu>re in apposition lo iiortiieriy, and >iiiiply t( show that Vancouver's island is to be left on the Ib'itidi instead of the American side of the line, tor it can hai'tily be supposed that the franiers of the treaty wculd lia\e Ncnluied, \utli the general maps bcfurc them, to decide upon tlii> whole ciuu'se of tlie line, except in (he most geiii'i-al terms. 'I'l e iiii[iracticabiiity of ii|)plying (he same (est to dm Straits of Fuca, I'learly shows in what sense the (erni is to be uiiderstooi'. 78 SAN JUAN WATER BOUNUAllY, " Besides tlie Canal de llaro, there is a prominent channel nearer to the mainland, known at present upon the Coast Survey and British Admiralty charts as llosario Strait. The eai'ly Spanish navii^ators called it tlie Canal de Fedal;j;o. Captain Wilkes named it llIn;L^gold's Channel. It is some- times called Vancouvei''s Straits or Channel ; but, except on the Spanish Admiralty ma[)s, I cannot learn that it was ever desitrnated by name on any of the general ma[»s of" the north- west coast likely to be used at the time the treaty was made, liosario Strait is a navigable cliannel, but it does not separate (he continent ironi Vancouver's Island. In no ])art of its course does it touch upon the shore of either. It separates the islands of Lummi, Sinclair's, Cypress, Guemes, and Fedalgo, on the east ; from Orcas, ]31akoly, Decatur, and IiOj)e/. Islands ((u the west: but iu no respect iloes it sfjmritf.e the vindiiieat from \'"ii('oiirrj's /slmid, and cannot, then-'fore, in my opinion, bi* claimed, in accordance with the l.c _i,aIW(".Mn tin! iKiands of San duan, S|)ieden, ami Stewart on the we-*!;, and W'aldroM, Orcas, Shaw, and Lopez on the oast; Ijiit, like Hosurio Straits, fails to touch the continent or N'anci'uver's Island. There are lx?«idcs other channels no doubt navigal^le, Itut none except the ('anal de Haro answer the requirements ol'the treaty in all resj)ects. *'Althiiugh I do not r(>gard the relativi' merits of the iiavij-'abilitv for sailin;' vessi'ls of the Canal de llaro and Hosario Straits as having any bearing on tin; determination ot' (lie (piestion befcu'c us, both licing acknowledged navigable in the sense <»f the troatv, yet, jis yon have expressed an opinion thereon unfavoural)le to the Canal de J Faro, 1 miisi beg respi'<'( fully (o «'all your attenlinn to the ivmin-ks ot Captain Alden, of the I'nited States navy, on the same sulijeef. This gentleman was I'ov many y<'ars in charge of the Ifvdro- grapliic Survey oi' I ho I'm'ilic <'oast, and during the working H»'as(»n8 of throe yours wiw engaged in examining and durvoying SAN .lUAN WATER HOUNUAUY, 79 these clitiiincls. In a report to the SiiperintemhMit of Coast ►Survey in It)");!, lie says: — 'The Gulf of Ueoi'gia and Straits of Fuca are conneeted by two <,food sliip channels, called on the charts Haro and Uosario Straits. They are of sufHcient width, and naviijjahle for vessels of the lari^est class. The o-reat depth of water presents a diBiculty, but anchorage may be had for the most }»art, as the chart shows, at convenient distances along the shores.' In a previous report, in 1edi', in a great measure, the use of sailing vessels. The Canal de ilai'o, bt'ing a much shorter eiiinnumiea- tion between the (Juli' ol' (Jeorgia ami (he I'aeiiie Ocean, would then have an advantagi' over Kosario Straits. From the views hereinbefore expressed, you will per- ceive that even il' we adhere to the mere letter of tiie tri'aty, I ;nn (irmly con\ineed that the Canal de Ilaro is the ' ejianihd ' through whi<'h the boundary line should pass, and unless your ooiisideration thereupon sliouhl modily yoiu' views, we are still IS far from a determination ot'tln; boundary line as when we cijinnienced the diseusHion of tlu' subject, Therelbre, should your opini'iu reniitin unchanged, it nuist bo evident that, by taking (he ///-/.// I'eading oi' tlu' (reaty al')ne as \ a <( our giui 1 1 so SAN JUAN WATER BOUNDARY. we are not likely to come to an agreement, nor will its 'prceise wording ' solve tlie doubt which yoii intimate may arise at first sight of the chart, as to which of the two channels the boundary line should pass through. I therefore thiidi it becomes necessary to look beyond the mere words of the treaty, and endeavour, if possii>le, to reach the actual inten- tions of the treaty makers, or using them, for, undouDtcdly, they must have had in their minds some particular channel, though not designated by name in the treaty. " The rule laid down by Vattel is, that, as soon as we meet with any vhscuriti/ in a treaty, we sliouhl seek for what was pmlmhlij in (he tliuiKjIds of those who drew it yj>, and inter- pret it aerordi)i(//i/. '' Now, however clear it may be to me that the Canal dc Ilaro is the ' channel,' takin iv'the most certain meaus uf establishi'ig the true sense; and <^roat attention ought to Ite paid tu t whenever it is r^^jiaaH-il to explain an (ibscure, ei|uivocaI, aud nndetcrml iwd ptum." treaty b o/iect, r the Jiigli proposed United boundam treaty, (j, to convey "f the Ui "The i^'id, pub "•ill .s|i„\v carryiiig t i'acih'c Go ■"^lU'reiider / <'laiined by ".i^i'eed to ti ''•oni tJie / f'le island. "lit this ii,( soiigjit by ( ''« I bo Can;,, 'VMr. M ■•'I'l'cially to( •ini-'stion, jiri, "f the signer h' liord Ah 'ollows : '' ' I have '''•N'''"clies of '^■"gt honed eo Mon (he r.>suui "lent of (1,0 (), ''•-' t'on tempi;,! ^'^yoct of ;,/;,/, SAN JUAN WATER BOUNDARY. 81 " Followiiio; tlio jil)ovc rules fur tlio intiM'protatinn of the treaty before us, so far as it devolves upon us to carry it into efi'ect, I will proceed to prove, by contemporaneous evidence of the hiifliest autliority, that the Canal de Haro was the channel ])ro|)()sc(l by the I'ritish Government and accepted bv the United States (jiovernment, as the one through wdiich the boundary line was to be traced ; and that the lanL:;uaounvlary W'>uM Ik* souyht by the ne^(»tiators, which tho niaps would *>how to he the Canal de Ilaro. '' Mr. Mchane, the ambassador of the United States sot»t spcciaily to (iriMt I5ritain to aid in settHn<; tljoOre;>Ion Kn^ndury ([uestion, after nearly a year's neijotiation, eoMununic!>h^s(^M;iy [^\\\, 1840) to Mr. I'uchanan, then Secretary ot State, and ono of the si^m-rs of the treaty, the nature of the proposal made liy Lord Aberdeen for a settlement of tho (piestion, as Ibllows : — '' ' 1 have now to aeijuaint you, after the receipt of your despatches of the l.")|li instant, by the Culi'doni'i^ 1 had a lengthened eonlertMice with Lord AberdetMi, on which occa- sion tho resu>n])lion of ilie negotiation Ibr im amicaMe settle- ment of the (.)r(>u;on i|Uestion, and the nuturr of tlw proiiosition lie contemplatt\{ submittin*^ for that piu'pose Ibrmed the siibjeet of ay'//// thorough uinlerstaniling of the mean- iuo" of the lanifuage that would be used in the piojii of the treaty. The very general description he gives of the water line diows, what we know must have been the ease, that tlu' fiamers of the tri'aty had before them only tlio general nnips of the coast, and could not i)retend to describe with aecura(;v the miiiutr courses of the line." '* In the same letter he says : — " ' huriug the preceding a'lniinistration of our GovoriuneMf the extension of the lino on the forty-ninth ])arallel to tiie Straits of Fuca, as ?)(ur proposed by Lord Aberdeen, was actually suggested b\' my immediate proilcct'ssor, as one he thought his (ioNcrnmeiit might {iecei)t.' " He again says : — " ' 1 may adil that I ha\(' not the least reason to suppose it would bt |iossible to obtain the extension ot' tlii' foi'ty-ninth pnrallel to the sea, so as t(^ give the sonllurn ca/n' of Vdliciiiti'ir's Islniil /o f/i>' (iiifi'i/ Sfitfcs.* " From the Ibregoing extracts it will l.ie cK-arly perceived SAN JUAN WATER liOUNDAUV, S3 that the ol)joct of the projectors of the treaty was to run the iiie so as to avoK I cutt lliiT tf til itl le soutiiern ca pe )f V iiiu.'oiiver's Island, and that the Canal do llaro was selected as the channel adapted to that ohject. President Polk, before accei)tiniT the proposal submitted by the British Government (received at the same time with j\Ir. ^IcLano's letter), laid it before the .Senate (the co-ordinate branch of the treaty-making power) for their advice on the snl)ject, and, with his message, trans- niitt<'(l it; he also submitted ^Ii". McLano's letter of the 18th ]\Iay, explanatory of the j)roposition or prujct of the treaty. And it is presumed he did so that the Senate might clearly understand the nature of the proposal upon which their advice w;is asked. They advised him to accept it, and, in actcordance with their advice, the treaty was ado[)ted by him, and sub- mitted to the Senate for its ratification. ''To show the Senate's understanding of the meaning to be attached to the words of the treaty — ' the rlutinh'l ii-hi<'li i'p. {•ennrii It'.S tlu he ronliiu'iit from V(iiicoiivcr''s IshtniV — I must, 'ill ICIU u ( your attention to the lani^uage of Mr. Benton, one of tlu^ ling members of that body. In his speech on tiie treaty, the day of its ratification, he says : — The lino established by the first artic'le follows the parallel of fortv-nine de chanufl, and ihi'nce, tiUMiing south, through the (Jhamiel de llaro (wrongly writ It'll Arro on the ma)»s) to ilw Straits of Fiuja and the wesf, through tin- middlt! of that strait, to the sea. This is a. fair p;irtition of these waters, and gives us everything we want : namely, all the waters (;f Piiget Sound, Hood's Canal, Adnii- 84 SAN JUAN WATER BOUNDARY. ralty Inlet, Bollingliani Bay, Bircli Bay, and, with tliem, the cluster of islands, jn'obably of no value, between de Ilaro channel and the continent.' " After review! nref'l which separates the continent from Vancouver's Island; and n|ion this it may l>e asked what the word channel was inteiideil to mean. (jJenerally speaking, the word channel when employed in treaties means a deep and navigable channel. In the pi'esent case, it is believed only one channel, that, namely, which was laid down by Vancouver on his cliart, has, in this part of the gulf, been hitiierto surveyed and used ; and it seems natural to suppose that the negociators of the Oregon Convention, in employing the word channel, had that par- ticular channel in view.' " From the above extracts from I\Ir. Crampton's letter, written within two years after the conclusion of the treaty, it will be perceived that no evidence is presented to show that the channel called Uosario Strait was the one intended by the negotiators. If there had been any evidence that such was tliiMr intention it would undoubtedly have been produced. 15ut lAIr. Crampton is mistaken even in his assuni])tion that Vancouver's channel was the only one in that part of the sxulf that had been hitherto surveyed and used ; hence his inference that the negotiators of the Oregon Convention, in employing the word channel, had that particular channel in view, falls to the ground. The Canal de Haro had been both surveyed and used by the Spanish Government and our own. " ]\Ir. Crampton, at the conclusion of his letter, remarks that, as the rpiestion is one of interpretation, rather than of local observation and survey, it onglit in the opinion of Her Majesty's (Jovernment, to be deterniini?d before? the eonunis- sioners go out. It wouM thus appear that the lU'itish (Jovern- nient rcgaid an interpretation of the treaty as necessary to an uiiderstandmg of the negotiators in employing the word channel. " Having in this communication, as in our recent discus- :*■,■ ■ il so SAN JUAN WATER BOUNDARY. sioiis, frankly laid before you my views in regard in the literal nicanintf of the treaty, and liavinf]r also shown hy con- temporaneous evidence what was the nnderstandinfj of the Goverinnont of the United States as to the intention of the I'ritish Goverinnent in the projet of the treaty, and of the nicanini:^ of tlie words of the treaty itself, 1 can only repeat that my convictions in regard to the chaimel are so Hxed that I cannot admit a douht upon the subject. " With the highest respect and esteem I have the honour to subscribe myself, " Your most obedient servant, " AKCIIinALD CaJII'BKIJ.. " Conmiissioner on the part of the United States for determining the north-west bounchu'y line. " CM])t. James C. Trovost, lUX., " British Commissioner North-west Boundary, &c." To those aro'uiiicnts tlie Britisli commlssionei", on tlie 9tli Xovcmbor, lsr)7, replied as follows : (') — " Sin, — 1 have the honour to acknowledge the receipt of yonr letter of tlie 2nil inst., containing a statement of your views of the interpretation to be ])ut upon the first article of the treaty of the 15th June, ISK), between Great Britain and the Unitcil States, so far as the article relates to the water boundary to be traced between the possessions of the two countries. "2. From what lias passed, I think it may now bo con- sidered as established, that there is no ditHculty in tracing the boundary line through the waters now called the (iulf of Georgia, and through the waters of the Straits of Fnca to the Pacific Ocean ; but that it is in the space between tiuse waters that the (luostion arises, as to which is the ch.iuiK'l of tlio treaty. I advance, that the channel now called IJosario Strait is the channel through which the boundary line slididd pass; you assert that your convictions 'are fixed, that the (.'anal (') American State I'lipors. [>. K!. do Ilaro consider! "lost cai in suppo \iews ai different. Jiave advi I "ill Stat to the oj) of obscnri to bo SOU" fully reco^ to tlio opi the otiier !■* clear am to its St, -let iiiight else ''4. In ■'^liould bo tl'o only c ciianncl ac( 'iiicnt fj-om "thor chain cMcIi other, north of th( \\iislies the the only one «q)arates th( Would prove "le direct jtn iilg Va)icoun '^"ff as other '■ii.inot bo tl \ ancouver's most peculiar of e.\])res,sioii )> SAN JUAN WATER BOINDARV. hi lave given cverv (le Ilaro is the channel in tho treaty.' I consideration to all the points you have advanced, and I have most carefully weinhed all the arguments you have adduced in support of your views, and 1 regret extremely that your views and mine uj)on the suljject should be so widelv tlitterent. " S. Before commencing to reply to the arguments you have advanced in opposition to the views I have expressed, I will state tiiat I fully acknowledge the weight to be attacheil to the opinions you have quoted from Vattel. that in cases of obscurity in the language of a treaty, its interpretation is to bo sought in the intentions of the negotiators; but, while fully recognising this, and while ever l)eing reaparat- ing Vancoiirer^s fftlaiid I'rom the conlitient : and, therel'oiv, >o long as other channels exist moi'o adjacent to the continent, cannot be the chaiiuei ^^'lich se[)arates the continent from Vancouver's Islaml. T wi uld ask your best attention to this must i)eculiar laniruaii'o of *'ie treatv, in which the usual terms of expression apjiear to be designedly reversed, for the lesser IMAGE EVALUATION TEST TARGET (MT-S) ^ ^ 1.0 I.I 1.25 25 12.2 M 1.8 U IIIIII.6 Photograpiiic Sciences Corporation .•\ iV e treaty, as it will not admit of the boundary line being carried into it in a southerly direction, you statii that the ((bjection applies with ocpud force to the (Jnlf of Georgia, if the term southerly is to bo construed in a sirictly nautical or technical sense, and with still greater force to the Straits of Fuca, which, for the greater part of its course, runs north-we k>rly, for the language of the treaty being ' tlicnce scufherli/ throiajh the middle t»f the said channel, and of Fuca Straits, to tK ! I'acific SAN JUAN WATER BOUNDARY. 89 Ocean,' the diroctinn applies throughout the whole extent of the line: and vou further state that " if ohjoetion is made to this ground, the treaty will bo nullified, and cannot he carried into effect. This conclusion I camiot admit. It can hardl}', I think, be disputed, that when the w(»rds of a treaty can be carried out in their strict and literal sense, they should be so interpreted ; when they cannot ho so carried out, the inten- tions of the negotiators and the dictates of common sense have to be sought, and from them shouM the interpretation be deduced. From tho Gulf of Georii;ia to the Strait (»f Fuca the boundary line ca t be carried through the Itosario Strait in a southerly direction ; to pass through the Canal do Ilaro it must take a westerly course ; therefore, so far as this par- ticular is concerned, I conceive that tlu Uosario Strait admits of a closer adl.erenco to tiie words of the treaty tlnii does tho Canal de Arro, and shoidd for this reason, be chosen in preference to a channel which would cause a wider departure from the words of the treaty. '* G. In alluding to the necessity, iu cascK of obscurity, to seek the interjMetation of a treaty \,\ the intentions of its negotiators, you observe that you will 'prove by contemi)ora- neous evidence of tho highest authority that the Canal de Haro was tho channel proposed by the JJritish Government, and acce|)tcd by the United States (Jovernment, as tho one through which tho boundary lino was to be tiMcod, mid that the language of the treaty drawn up by tho Ihitish Govern- ment was intended to convey that fact, and was so understood by the Government of the Unitcil States,' and you j)rocced to quote fnun a lotter of ]\Ir. JMcLane, the ambassador of the United States sent specially to Great Hritain to aid in settling the Oregon boundary (piestioii, and from the speech of Mr. IJenton, one of the leading iiH'inlu'rs of the Senate of the United Stutcs. Evidence Iroin so high a source as (his is most mupK^-^tionalily entitled to the greatest respect and deepest consideration. That coiisitleiation 1 have given it, and I assure you it has had its full weight with mo. But 1 would respect fully ol)servo that neitlier Mr. McLttno i ■ m SAN JUAN WATER BOUNDARY. u.<- nor Mr. Benton wore actual negotiators of the treaty, and however valuable tlicir opinions may be to the elucidation of obscure points, yet that these opinions can in no way alter the actual wonfltip and terms of the treaty. Mr. ^IcLane, in liis report to the Secretary of State for the United States, writes that the proposition of the British Government most jn'ohuhh/ Tvill offer substantially as follows : — " ' 1st. To divide the territory by the extension of the line on the parallel of forty-nine to the sea — that is to say, to the arm of the sea called Birch's Bay — thence by the Canal de Haro and Straits of Fuca to the ocean.' '* Now this is stated to have been the probable proposition; it appears strange if it was not the adopted j>i-opotiition, that the simple and unmistakable wording used by Mr. McLano should not liave been retained. The fact that it was n(.t retained would seem rather to show that discussion on the subject had taken place, and that the line of boundary had been designedly altered, and the woixling of the treaty as it now stands substituted to meet the alteration, the channel through which the boundary line was to pass not being designated b}' name, inasmuch as it had no name on the map which was, I have not the least doubt, used by the British (irovcrnment at the time— viz., that of Vancouver, where the channel now called the Uosario Strait is shown ~rts In fact it really is — as a continuation of the waters now called the Gulf of Georgia, the whole being named by Vancouver the Gulf of Georgia. It is (piito possible that in viewing the boundary line as j)assing through the Canal do llaro some objection mijiht have been made to the nearness of some of the islands to Vancouver's Island, as the objection did not ap[)ly with Oi\\\w\ force to the continent, and as the islands between the two wore deemed, according to Mr. Benton, to be barren, rocky, and vahieless, it is not at all improbable that the slight alteration in the line would bo conceded without difficulty, and might be considered too trivial, considering the important interests at stake at the time, for public discussion or reference. 1 am the more strengthened in my opinion on «< ) SAN JUAN WATER BOUNDARY. 91 this subject from liaviuu; boon officially informed by high and c()nij)etout authority th.it the channol commonly known in Enoliind as Vancouver's iStrait, that now called Rosario Strait, was the chaiuiel contemplated by the British Government as the ehamiel of the treaty, and the vwntion of a paHicnhir channel by Mr. ^IcLane, and the absence of the name of that channel from the treiity, altogetlier with the veri/ peculiar wordiwj of the treaty, would seem almost conclusively to prove the fact. " 7. I would now respectfully call your attention to the language of Mr. Benton, in the speech which ho made in the Senate upon the ratitication of the treaty, and had you not yourself alluded to it, 1 sliould have quoted it in further proof of what I have advanced as to the Itosario Strait being the channel * which separates the continent from V<(neouvers /gland.'' In describin<; the boundary line he desiixnates the cliannci as being tlio one which separates ' Vanc^ncecs Island from the continent,'' i>nd ho then proceetls to trace the line through the Canid do llaro to the Straits of Fuca, clearly showing what was the impression on his mind of the wording roiprred to meet the boundary line he described. The Canal do Haro, or Arro, is, undoubtedly, tho navigable channel which, at its position, soi)ar.ites Wnicoucccs hi uid from tho continent, and thorel'ore, while other channels exist more adjacent to the continent, cannot be tho channel wliieh ' separates tho continent from Vancouver's Island.' " M. To show that the Canal ilo Ilaro could not have been tho oidy chaimol regarded in the United States as tho channel of the treaty, botii at the time and afterwards, I beg to men- tion that I have in my jjossossiou a ma|) of Oregon ami Upper California, publishml at Washington City in l-SIS, dr.nvn l)y Charles Preuss, ' nmler the order of /he tScnufe of the I'liited States*,' in which the boumlary lino between the British pos- sessions and those of the Unitoil States, distinctly lithographed and coloured, is carried down the (Jnlf of CJeoigia, through tho chaimel now calleil tho Uosario Strait, and thence through tho Straits of Fucti to tho raeilic Ocean. If tho Canal do ./ ' i \ { ' f . SAN JUAN WATER BOUNDARY. ■■i:i . I«r' Ilaro was tlie only clianncl contemplated by the Senate ot the United States as the channel of the treaty, it seems remark- able that within a short period of its conclusion a map should be drawn * wider the order of the Senate of the United States^ in which the boundary line between the British j^ossessions and those of the United States, distinctly lithofTra[)lied and coloured, is carried down the Gulf of Georjijia, through the channel contemplated by the Senate of the United States us the channel of the treaty; it seems remarkable that within a short period of its conclusion a map should bo drawn * under the order of the Senate^'' and published and given forth to the world with a boundary line upon it not drawn through the Canal de Haro, but throu<^h the channel which I maintain is the channel ( f the treaty, and is the one which was contem- plated by the British Government at the time of its conclu- sion. I have further, in my possession, an attested tracing of ' a diagram of a j)ortion of Oregon territory,' dateil Surveyor- Gcnerars Office, Oregon City, October 21st, 1852, and signed John B. Preston, Surveyor-General, in which the boundary line between the British possessions and those of the United States, is also carried through the channel lying a' ,.:V. ' f : ' ■ The United States Conunissioner rojoiucd in the followiii'^ letter : Q) — " United States North-west Boundary Commission, "Camp Simiahmoo, -llUh parallel, Novemlicr iJSth, 1S.>7. " SiH, — I have the honour to acknowledge the receipt of your letter of the Uth instant in reply to nunc of the 2nd instant. • , (') Amorican Slate fajn'iM, p. :io, SAN JUAN WATER BOUNDARY. ,'1 ' u ■ ■*■■ ** In the communication of my viows, made in com[)Hance with your request, I clearly sliowed from contemporaneous evidence what was the intention of the framers and ratifier.4 of the treaty of June 15th, 1840, in using the words describ- ing the water boiuidary line between the territories of the United States and the British possessions. " Although the language of the treaty alone is sufficiently explicit to my mind, the disagreement l)et\veen us, in respect to a part of the distance through wliich the boundary line is to be traced, rendered it, in my opinion, desirable, if not nocessjiiy, in order to carry the treaty into effect, that we should arrive at a mutual understanding of the actual intention of the treaty makers, and for tliat purpose tiiat wo should resort to the ordinary mode of interpretation in eases of obscurity or uncertaint3\ I, therefore, deemed it but an act of frank- ness to exhibit to you the evidence I had in my possession of the mU'jitlon of the British Government in framing the langiiaire of the treaty, and of the >in(ler,stV'M ; ■ ■■.:<■') V ■ V-- ■ ••,5- • .,»•■<• V: / J 9G SAN JUAN WATEll BOUNDARY. I..' •■ h- Ff V. I''. ' 'V' ^ i'H appurtenant to the mainland, embracing as natural append- ages to its coast the islands between it and the Canal de Haro. Your ar<;unient tliat the Rosario Sti'aits must be tlie channel which sej)arates the continent from Vancouver's Island would apply with equal force to Vancouver's Island if it were situated as far distant as the Sandwich Islands. For, you say : ' It would seem indisputable that where several chan- nels exist between the two (that is, between the continent and Vancouver's Island) tiuit channel which is tiie most adjacent to the continent must be the channel which separates the con- tinent from amj islands lying otf its shores, hoivevcr remote those islands may be.' This process of reasoning would elevate an island to a much higher degree of importance than a con- tinent, by making all intermediate islands appendages to it instead of to the continent, a doctrine which I am not pro- pared to admit, nor do I think, upon further reflection, you will maintain. "You decline to admit the correctness of my conclusion that if the term 'southerly' be taken in a strictly technical or nautical sense, the treaty cannot be carried into etleet. But I do not understand you as denying the fact tliut the word * southerly ' applies equally to the Straits of Fuca as to the channel which separates the continent from Vancouver's Island. Still, while denying a liberal construction of term as far as nuiy bo ai){)licable to the Canal de Haro, you appear to be willing to appeal to the dictates of common sense, or to seek for the intention of the negotiators of the treaty when it applies to the Straits of Fuca. 1 nuist respectl'uily repeat, if the term 'southerly,' as used in the treaty, is to he con- strued as you still construe it in relation to the coiu'se of the Canal de Haro, the same meaning must be given to it in regard to the course of the Straits of Fuca, ibr tlio channel and straits are so comiocted in the language of the treaty as to bo governed by the preceding words, * southerly through the middle of.' The object of my renuirks on that subject was to prevent the treaty from becoming a nullity, by adopting the natural meaning of the word instead of its stri( entii and you de I it in for h giving * Who couvei of the de Ha the mi( of the with til and Mr I>roj)oseo accepted ' it has 1 Mr. McJ t'le treat elucidatic way alter "I governing evidence cases is tij "I" autJioi attention 2jid instan treaties, ^urtlier th.-i at the tim and I pro])( •"""d unders '•atification l>^ r» ■ SAN JUAN WATER BOUNDARY. 97 strictly teclinieal or nautical sense ; bat it seems to me not entirely just to apply it in one sense to the Canal tie Huro and in another to the Straits of Fuca. I think, therefore, you will be obliged to abandon your objection to the Canal de Haro on the ground that a line cannot be traced through it in a southerly direction. I refer to Mr. Benton's speech for his understanding of the word to confirm my own. In giving his reasons for voting in favour of the treaty he says : * When the line reaches the channel which separates Van- couver's Island from the continent, it proceeds to the middle of the channel, and thence turning south through the Channel de Haro to the Straits of Fuca, and thence west through the middle of that strait to the sea.' Heie is the true reading of the language of the treaty, and it is in perfect accordance with that contained in my letter of the 2nd instant. " In your remarks upon the evidence of Mr. AIcLime and Mr. Benton, showing which ' channel ' was intended and proposed by the British Government, and understood ami accepted by the United States Government, you observe that 'it has had its full weight' with you, but add that 'neither Mr. McLane nor Mr. Benton were the actual negotiators of the treaty, and however valuable their opinions may be to the elucidation of obscure points, 3'et these opiin'ons can in no way alter the actual wording and terms of the treaty.' " I am not aware that there is any rule in the law governing the interpretation of treaties that would require the evidence of the actual negotiators. What is required in such cases is that which was probably in the thouglitsof the author or authors of the treaty. And here I beg to call your attention on that point to the quotations (in my letter of the 2nd instant) from Vattel in his article on the interpretatit)n of treaties, by which you will perceive that 1 have gone niueli further than is required. I have shown their actual intnUiom at the time the treaty was drawn up, proposed, and accepted, and I propose to go a step further and show that this intention and understanding remained unchanged up to the complete ratification of the treaty bv both Governments. ,*, , 'V'.N V / '-n* •■ te H ys SAN JUAN WATKR BOUNJ)AaV. " Althonu;li Mr. McLiine and Mr. Benton were not the airoj)Oslfwn that was to be made by Lord AI)erdeen, a conference was held in the State Department between jMr. Buchanan and Mr. Pakenham. The j)rotocol of this proceed- ing accompanied the President's message to the Senate asking their advice as to the acceptance of tlio proposition. It is as follows: — • " ' A conference was held at the Department of State on the ()th of June, I.'nK), between the Hon. dames Buchanan, Secretary of State, the American plenijmtentiary, and the Right Honourable Richard Pakenham, tlu; British plenipoten- tiary, when the negotiation respecting the Oregon tei-ritory was resumed. The British plenipotentiary made a verbal explanation of the motives which had induced Her Majesty's (Jovornment to nisiriict him to make (tnofher proposlfioii to the (Government of the United States for the solution of these long-existing difficulties. The Secretary of State expressed his satisfaction with the friendly motives which had animated the Hritish Government in this endeavour. Whereupon the British plenipotentiary auhiuittcd to the Secretary of State the draught of a convention (marked A) setting forth the trr}iis which he had been iiistvurtrd to propose to the Government of the United States for the settlement of the Oregon question.' " Tile draught of the convention is in the same words as the ratified treaty. The instructions of Ijord Aberdeen, and ,Mr. McLane's letter to IMr. Buchanan, stating the nature of the proposition to be submitted for the settlement of the SAN JUAN WATER BOl'NDAKY. 00 Oroi::f(>n qiiostlon, were (lispatcliL-d to the United States by the same steamer the day after their couterenee, and the letter was received in Washington on the 'Svd of June. Tlie conference between Mr. Buchanan and yiv. Pakenhani was held on tho (!th of June. On the same day Mr. Buchanan writes to Mr. McLanc as follows : — "' I transmit to you herewith a copy of tlie projet of a conceufioit, delivereil to me by Mr. Fakcnham this mornino;, for tho adjustment of tlio Oregon (juestion, together with a copy of the protocol of the proceeding. This being tlie ivgular day f(jr the meeting of the Cal)inet, the snbioct was brought before them by tho President. The resui; A'as a determination on his part to submit the projet to the Senate for their previous advice. This will be done as soon ts the proper message cau be prepared, and the nectssarij im/Hr.'i copied,' "Tho papers necessary to accompany this projef of tho tre;u V were the protocol mentioned above and a copy of Mr. ^[c^,ane's letter of the 18th of May, containing his statement t)f the substance of the treaty as communicated to him by Lord Aberdeen. The object of sending this letter to the Senate was to ex[)lain to the senators tho intentions of the BritisJi <{ovci-mnent as to the details of the treaty, that they might be able to ffive their advice to the President understand iniil v. And as the letter was copied in the Departnient of State by direction of Mr. Buchanan, to accjompany the projet of tho treaty, it must be considered as expressing the nndiU'standing between himself and Mr. I'akniham ; being in iiaiiiiony with the pivjiOKifion submitted to liim by the latter in coidbrmity with the instructions he received from his Government. It is, therefore, quite clear that Mr. Buchanan must have under- stood the language describing t\ui Itoundary line in tlie treaty as intendinpears strange, if it was the adopted proposition, that the simple aiul unniistakahlo wording used by Mr. McLane should not have been retained. " Mr. McLane could hardly have used a stronger e.\- ju'ession to convey to his Govenunoiit the intentions of Lord Aberdeen, as couununicated to him in their ' full and free conversation,* and * lengtheiied conference,' than the words ' most probabl}',' without having actually seen his despatches to iMr. Pakenham. At the date of his letter he most certainly believed that the proposition would be siibstantialli/ as he stated, for he does not pretend to give the words of the treaty in his statement of an^ of the articles, but confines himself to its spirit and gives its substance. Having stsited this fact in my previous letter, it oug'it not to appear strange to you that ' the simple and unmistakable wording used by Mr. McLane should not have been retained.' *' With tlie projet of the treaty and the chart before them, Mr. McLane and Lord Aberdeen could not fail to si^e at a glance that the concise language of the treaty clearly indicated ' the channel which separates the continent from Vancouver's Island.' The Gulf of Georgia washing the continent at the northern end of the line ; the Canal do Haro, Vancouver's Island, at the southern end, and at its junction with the Straits of Fuca, presented to tlie eye a continuous chamiel that unmistakably separated, throughout its whole length, the continent from Vancouver's Island, and about which it miglit well have been supposed by them (with their full knowledge of the motive that induced this deflection from the forty- ninth parallel) there could be no question. Ihit a glance at the chart of the United States Coast Suivey, on a largo scale, see Uuc alten Paid tioiiH. and Mr. <(i offor and Jfr. inodi/ii "1 sue (^ONCri IS I'.dvc'nl t'» (he (he rhf wre SAN JUAN WATKR BOUNDAllY lot accurately defininj]; the space tlirougli which the boundary lino is to bo trjicod, will show niucli more forcibly how well the language of the treaty was chosen to exi)rcss in few wonls the object of the negotiators. " On the assumption that the language used by Mr. McLane to describe the boundary line had been orujinallij the words of the proposition (or projet of the treaty), and not retained, you say that it * would seem rather to show that discussion on tho suljject had taken place, and tiiat tiio line of boundary had been desiifnedln altered, and the wording of the treaty as it now stands substituted to meet the alteration.' " I am somewhat at a loss to know between whom yon suppose this discussion to have taken place ; wh(;ther between i\lr. McLane and Lord Aberdeen, or between Mr. Buchanan and Mr. Pakenhain. It could not have been between the I'ormer, for it would not appear that there was any opportunity for discussion after their conference, and before the departure of their despatches ; or if it had Imjcu, Mr. jMcLane would certainly have notified his (roverninont of the fact. Nor do I see how any discussion could have taken place between Mr. Buchanan and Mr. Pakeidiam that could have elfected any alteration in tho proposition ; for it would a|)pear that Mr. Pakenham had neither power to accept nor otfer modifica- tions, as will be seen by an extract from Afr. McLane's letter, and his own statement in the conference with Mr. Buchanan. Mr. McLane says: — "' It may be considered certain also in my opinion that the otfer now to bo made is not to be submitted as an ultimatum, and is not intended as such, though / have ivaKoii to know that Mr. Pakenhain will not be authorised to oeeepf or reject ani/ inodijieation that may bo proposed on oiu" part, but that ho will in such case bv instructed to reler tho modilication to his (iovermnont.' " From the foregoing extiaet it will be perceived that Mr. I'akenham had no a »thority to aeeept any proposed alteration to tho treaty, though it is not presumed the proposition for tho change you suggest could have boon expected from Mr. .> *: '^i:';. 102 SAN JUAN WATl'.K ItOUNDAHV. liiu'lianan. On the other hand, Mr. Pakcnhain was not authorised to propose any nioditieations, as has been st'cii from his conforoncc with ^Fr. Buchanan, June Hth, in which lie submits ' the dramjht of a convention setting forth the terms which he had been inxtrueted to propose to the Govern- ment of the United States for the settlement of the Oreij;on question,' which could not have been otherwise than in con- formity with the terms of the proj)o.sition comnmnicatod by Lord Aberdeen to Sir. IdeLane. I cannot, therefore, admit that the original proposition n-as ' designedly altereil ' with the consent of either Mr. Buchanan or ]Mr. McLane. Nor can I agree with you that the islands you refer to, ' barren, rocky, and valueless ' as they mighi" then have been deemed, would have been conceded as readily as 3'ou suppose, afler the jiositive assertions of the President (communicated to Mr. ]\I('Lane by ]\lr. Buchanan) that he would not consent to surrender any territory claimed by the United States south of the forty-ninth parallel, with the exception of the southern end of Vancouver's Island. I cannot conceive the motive wjiicli coidd induce any otHcer of the United States Govern- ment to surrender a portioi of the territory which the line proposed by the British (Jovernment threw on the American side, when at the same time he knew the proposition was not an ultimatum, and not intended a.s .siu-fi, as will be seen fron; the extract of Sir. McLane's letter heretofore quoted. la addition thereto he siiys : — " ' I do not think there can be much d(ml)t, however, that an imju'ession lias been produced here that the Senate would accent the jjroposition now olfered, at least without anr/ male- ritd mod iji eat ion, and that the IVesident would not take the responsibility of rejecting it without consulting the Senate. If there be any reasonable ground to entertain such an im- |)ression, however erroneous, an offer less ofijectionahle, in th: llrst instantY, at least, could hanllij be e.r/ieeted,'' "And ho ngain says : — " ' Feeling very sure, however, that the present offer i.s not made or intended as an ultiii\atum, I thiidi it only reason- apply SAN .Tl'AN WATFH ROUNDAUY. 103 able to infer !iii expectation on the part of those who are offering it, not only that modifications may be suggested, biit that they may be reasonably required.' " From the foregoing extracts you must perceive that the I'nitod States (Toverninent was not in a position to make concessions, and from the speech of JMr. Benton, wliich I submitted to your j)erusal, you will have seen that a portion of the members of the Senate insisted upon modifications, which would have been askeil of the liritish (irovernment, if Mr. Pakeidiam had been authorised to grant them, and wore only prevented from doing so by the delay incident to sending to Enirland. " I cannot therefore admit that any such alteration as you SM-Tgest could have possil)ly taken place. Kverything connected with the settlement of the Oregon (|Ucstion was at that time deemed im[)ortant. And no officer of the Tnited States Uovernmeut would have ventured to make such a con- cession without its being fully understood b}' all who had any comiection with making or ratifying the treaty. Kven the reason you suggest for the con(.'ession is one which wduld apply with greater force against the boundary lino running through llosario Straits than through the Canal de Ilaro; lor Itosario Straits being narntwer than tlie Canal do Ilaro, the ()bje(^tion to the former applies with greater f(jrco than it does to the latter. After nnich reflection and consideration. 1 am (luite unable to concei\o when and where this ' designed alteration' could have taken place, ami if it be nnt an entiri' >upposition, 1 would respectfully ask for further information on the subject, in order that 1 may regulate my judgment accordingly. " Your opinion that the line of boundary was altered, you say, is strengthened by your ' ha\ing l)een ollicially in- formed, by high and competent a\ithority, that the channel commonly known in England as the Vancouver Strait — that now called the Hosario Strait — vas the channel contemplated by the Jiritish (Joverninent as the channel of the treaty ; und the mention of a puvtirnlur c/ttiniu'l by Mr. Me Lane, and the ^^Mfl • ■ . '/ %^> l^fl ^ 1*-' jio^^^H ?^-'Wm ^'iWi f^r^M * ' ' IXK^I ::t -.^i'^M I "' " '^i^jwJ^H t' .t ' ^',''*« vim jt-i*'' A^**!^!! r %; (Jtls' 1 l> >w ' .-■'.. ^^A : :■■ .■■ *-.t" ■, , ."'.; ■".'■>■;. i- C'S. ;* ^$;*^' '■|*i*C v.'.f. ■. ': : '^r^ I ■' 104 SAN JUAN WATER BOUNDARY . f ; absence of the name of that channel from the treaty, together with the very peculiar loording of the treaty, would seen almost conclusively to prove the fact.' " I have no means of determining the source from which the high and competent authority you refer to received his information ; but I would respectfully suggest that, after the cotemporaneous documentary evidence I have produced, the mere assertion of any person at this time, no matter what his position may be, unless he was immediately conci'iiied in the negotiation of the treaty, can be of little weiglit. It is quite possible that the British Government may have contemplated Rosario Straits as the channel ; but I would respectfully submit that they j}7vposed the Canal de Haro, and that the United States Government accepted that proposiLion. " In your endeavour to show that the Canal de Haro could not have been the only channel regarded in the United States as the channel of the treaty, both at tiie time of its ratification and afterwards, you state that you have in your possession a ' Map of Oreg ii and Upper California, published at Washington City in 1848, drawn by Charles Prcuss, " under the order of the Senate of the United States,'^ in which the boundary line between the British possessions and those of the United States, distinctly lithographed and coloured, is carried down through the channel now cal' d Rosario Straits,' &c. You further say that, if the 'Canal de Haro was the only channel contemplated by the Senate of the United States as the channel of tlio treaty, it seems remarkal)lo that within a short period of its conclusion a map should be " drawn umler the order of the Senate," and published and given forth to the world with a boundary line upon it, not drawn through the Canal do Haro,' but through Rosario Straits. " I have also in my possession a copy of the same map, and, as its title declares, it is a * j\tap of Oregon and Upper California, from the surveys of John Charles Fremont and otlu'r authorities,' and is accompanied by a geographical memoir, which was also published by the Senate at the same tiiiii\ By an examination of that memoir, it will be seen Ww SAN JUAN WATER BOUNDARY. 105 thiit tho accurate delineation of the boundary tbnned no |)art of the object for wliich the map was directed. The boundary line north, as well as south, on that map was drawn merely to show the extent of the country dcscril)ed in tho memoir. " By a comparison of the Mexican or southern boundary on the same map witii the true line as deKned by the commis- sioners and surveyors appointed under the treaty, an error (juite as remarkable will be found on that line as on the north- western boundary, and one which, upon examination, must completely dispel any impressions that may have been made upon your mind that it has any authenticity, or is of any authority whatever as a map showing the houmlav'/ between the British poHsessions and the United States. Tho best evidence of this is to bo found in the fact that, after its publication, the Mexican boundary line was survo^'ed and marked by the United States (jrovernment without reference to Mr. Preuss's map, and the true line was found to be totatli/ different from that laid down by Mr. Prouss. " By examining carefully the lithographed line on tliis map, drawn from the forty-ninth parallel to the Straits of Fuca, it will be seen that, instead of running through the middle of llosario Straits, as you suppose, it runs directly against Sin- clair's Island on the north, and Cypress Island on the south, leaving a space of over five miles without any boun' — more recent tiian that of Preuss — he, no doubt, would have drawn the line through the Canal de Haro; for as that pur[)orts to be a mi>p especially of ' Vancouver's Island and the roasts ai/Jacent,^ no doubt could have been entertained that much care was taken to make it accurately conform to the terms of the treaty. On tliat m;ip, on a large scale, all the islands east of the Canal de Haro are coloured carefully with the same tint as that given to the teri'itory to which they geographically ami con- ventionally pertain — viz., that of the United States. " The maps of Preuss and Preston are of no authority as far as the lioundary line is concerned. They therefore atlbrtl no eviiieiice of the true channel of the treaty. And since its ratification, I am not aware of any authority having been given either by the United States or the liritish (Government for surveying ami mapping it definitively until the ap])oint- ment of the present Conmiission. "' In further illustration' of your j)ropositi()n that 'the Hosurio Strait is the channel of the treaty,' you say that ' it would seem to be clear that, in whatever channel the boundarv line commences its st)ulherly course, it should continue through the middle of the said channel until it reaches the Straits of SAN .HAN WATER BOUNDAKV 107 Fiica,' and a<.Ul that ' it lias been agreed that the initial point of the honndaiy line is found in the channel called the (jiiilt of Georgia, and the continuance of that channel is, as was deemed by Vancouver, thiough the llosario Strait.' " I fear there is some misunderstandinf; in regard to an initial point. I certaiidy am not aware of having agreed to any, though I do not deem it a matter of any moment whether the starting-]»()int of the line be at the forty-ninth parallel or the PaciHc Ocean. But even jirantinsj tliat the line starts at the forty-ninth parallel, and is traced through the midille of the Gulf of Georgia, 1 do not admit that it must necessarily be continued through Hosario JStraits, even if V^ancouver's chart be referred to. You say Vancouver considered KosiU'io Strait a continuaticn of the Gulf of Georgia, and that it was included in that name. By an examination of the chart it will be perceived that the name as lettered passes directly through and over the cluster of islands between the Canal de Plaro and the straits now called Uosario Straits, and that it was intended by Vancouver to apjily tlie name of Gnlf of (feo)'(/ia to all the waters between Vancouver's Island and the continent as far south as Fuca Straits (if the Ictti-ring on his chart is to be considered as any guide), and applies c(pially to every other channel in the vicinity. But whatever name may have Ijceu given to the waters broken up by the islands, they are all continuations of the waters proceeiling from the Strait/i of Fttca or Gitlf of (jeoiyid, and all jjerleetly on an equality in that respect. The Canal de Jlaro having the largest volume of water passing through it, it is the main rhamiel among them, and therefore more jjarticularly entitled to be considered as the continuation or connection of the two chamiels with which all are directly or indirectly couneited. And hei'e 1 beg to say, in regard to the relative merits of the two cluumels, 1 must again refer yi^w to the extract from Captain Alden's report on that subject in my letter of the 2nd instant, in which he pronounces the Canal de liaro t( be the widest, deepest, and best channel, and in almost every respect the better of the two. .;'■> .1 I, 108 SAN JUAN WATER BOUNDARY. .(; '?? m :.f " Upon your supposition tliat the Canal de Haro had origiuiilly been named in the projet of the treaty, and that ' the line of boundjtry through it had been designedly altered^ and the wording of the treaty as it now stands substituted to meet the alteration,' you found an argument to prove that Uosario Straits was * the channel ' intended as the substitute for the Canal de Haro as follows : — ' The chamiel through which the boundary line was to pass not being designated hg name, iniismuch as it had no name on the map which was, 1 have not the least doubt, used by the British Government at the time, viz., that of Vancouver, where the channel, now called the Rosario Strait, is shown, a« in fact it reallg is, as a continuation of the waters now called the Gulf of Georgia, the whole being named by Vancouver the Gulf of Georgia.^ " It has been acknowledged that the Rosario Straits, in common with the other channels, is a continuation of the Gulf of Georgia, and that the general name of the ' Gulf of Georgia ' was given by Vancouver to embrace ail the waters between the continent and Vancouver's Island as far south as the Straits of Fuca. But I Iiave shown from his chart that Van- couver did not particularly apply it to the channel called Rosario Straits. If, however, the British Government so understood it, and the ' Canal de Haro ' was dropped from the original projet of the treaty, as you suppose, for the purpose of sub- stituting what was then considered a part of the Gulf of Georgia, it is strange that ' the Gulf of Georgia ' was not inserted instead of the present language, so inapplicable to Rosario Straits. In this argument, if I understand it cor- rectly, Rosario Straits is claimed as the channel for two very ditt'erent reasons — one because it had a name, the other because it had no name. If the Canal de Haro were men- tioned in the original pt'oji't, and afterwards expunged to give place to a channel without a name, care should have been taken so to describe it that no other channel, either with or without a name, could be found answering to the language of the treaty. " In a previous part of this communication I proposed to SAN JUAN WATER BOUNDARY. 100 sliow that the intention and wnflerstandiiij; of the British an I United States Governments in rehxtion to the water boundary remained unchanged ft'om the conference between Lord Aber- deen and Mr. McLane until the complete and final ratification of the treaty by the two Governments. After the message was prepared and the necessary papers copied at the State Depart- ment, the President transmitted thorn to the Senate on the 10th of June for their advice as to his acce{)tance or rejection of the projet of the treaty submitted by Mr. Pakeniuim in his conference with Mr. Buchanan. The motive that induced the President to take the iinusual course of asking the })revious advice of the Senate arose from the prominent part taken by the Senate in the discussions of the Oregon question, anil the importance the British Government attached to the opinions and action of that body, as will have been seen by the extracts from Mr. McLane's letter heretofore quoted. As I am desirous of showing you the exact position the Senate occupied in relation to the negotiation and ratification of the treaty, I must make one more extract from Mr. McLane's letter on hat subject : — " ' It is not to be disguised (he says) that since the Pre- sident's annual message and the public discussion tiiat has subsequently taken place in the Senate, it will be difhcult, if not impossible, to conduct the negotiation in its future stages, without reference to the opinion of senators, or free from speculation as to the degree of control they may exercise over the result. Whatever, therefore, might be prudent and regular in the ordinary course of things, I think it of the utmost importance upon the present occasion, if the President should think proper to propose any modification of the otl'er to be made by Mr. Pakeidiam, that the modification should be understood as possessing the concurrence of the co-ordinate branch of the treaty-making power.' " After several days' debate the Senate advised the Pre- sident ' to accept the proposal of tiie British Government for a convention to settle boundaries, &c., between the United States and Groat Britain west of the Rocky or Stony Mountains.' V Oh I.,- "*'S'".'.il v.- i v;, .^fr;- .'. fr 110 SAN JUAN WATER BOUNDARY 1» m " In accordance with that advice the President accepted the proposal, and on the 16th of June hiid before the Senate, for tlieir 'consideration, and witii a view to its ratification,' * the convention concluded and signed by the Secretary of State on the part of the United States, and the envoy ex- traordinary and minister plenipotentiary of Her Britannic Majesty on the part of Great Britain.' " Upon its receipt a debate ensued, which resulted in a resolution, ' that the President be requestetl to comniunieate to the Senate a copy of all the correspondence whicli has taken place between this (the United States) Government ami that of Great Britain relative to the Oregon treaty, together with the despatches and instructions forwarded to our minis- ter, Mr. AIcLane, and a full and complete copy of liis despatches and communications to this Government on the same subject not heretofore communicated to the Senate.' " The scope of the resolution exhibits the deep interest manifested by the Senate in every step of the negotiation, and shows clearly that no iletail connected therewith was deemed unworthy of their consideration, " On the 18th of June the Senate eavo its * constitutional advice and consent to the treaty,' and the President ratified it. On the '22nd Mr. Buchanan transmitted to Mr. McLane at London the treaty ratified by the President and Senate, with ' special power,' authorising him ' to exchaiigo the ratifications with such person as may be duly empowered for that purpose on the part of the British Government.' The ratifications were exchanged by Mr. McLane and Lord Palmerston. " From the incipient step taken by Lord Aberdeen, in making the proposition to the United States Government for a settlement of the Oregon question, and througli all the sul)- sequcnt stages in the progress of the treaty to its comi)lete ratification, we look in vain for any evidence that the original proposition communicated to Mr. McLane was over altered. 1 have shown that Mr. Buchanan and Mr. Pakenham must have understood it alike. SAN JUAN WATKR UOUNDAKV II " The President — from whom emanated all tlie instruotionH in reUiticm to tlie negotiation — in transmitting the proposal ot' the British Govcrinnent to the Senate for their advice, accom- panied it by iMr. ^IcLane's letter furnished for their informa- tion and considei'ation in giving that advice. Therefore there can be no doubt of his understanding of the language of the treaty. It cannot for a moment be supposed that such grave, deliberate, and unusual action would have been taken, with- (tut the most perfect understanding on his |)art of the meaning of the document he laid before them. The letter of Mr. jMcLane accompanying his message conveyed that meaning. " The Senate upon this extraordinary occasion gave their advice to accept the proposition. And upon what did they found their advice? Upon the words of the projit of the treaty, and the explanation of the same more in detail by Mr. McLane. They believed them to be in perfect harmony. A ])erusal of Mr. Benton's speech upon the ratiHcation of the ti'eaty will show how exactly he, as one of the co-ordinate l)rancli of the treaty-making power, understood the proposal of the British Government to agree with Mr. Mo Lane's state- ment of it, when he advised the President to accept it. In tiiat speech he says : — " ' \\\ my liigh and )'c-ipo)tsi/jle character of constitutional adviser to the President, I gave my opinion in favour of accepting the propositions whicdi constitute the treaty, and advised its ratification. The tirst article is in the very ter wliich I would have used, and that article constitutes the treaty.. With me it is the treaty. The remaining three articles are subordinate and incidental, and only intendt'd to thcilitate the execution of the first one. The groat (juestion was that of boundary.' " The first article being the treaty, in Mr. Benton's opinion, ho must have made himself well ac([uainted with its full meaning. The leading position he occupied on the Oregon question is well known. In expounding the treaty to liis colleagues, he descriljes the boundary line, and designates the ' Canal de liaro' as ' the channel ' throujih which the lino w H ^^^^^l ■H *"£2t^^l ». ^^t^l M -^■- ^ ^•"■^^I^H !■'• .f^ '^^m :-?'' '^M 'rr'ii '^^^^.l 'n 1 ^v;V ■i?'-'. >.»>■( .' ^ ' •AC;-.*i ry^- • >■'. '■,.>.(' 'riif. . m V ."if v.( ' , > ;t ''^' "i i ■ -'M: ' -;, ' i , i,-vj; . ', • '^ ' • *"^jj . t- -'V. ?^K V ■ r. */ ...■■( r, ■'■' ' ^'■'i'' y ' ■ ' -l"-' ' ''*■*' f '^ ** ■'W> W -2 112 SAN JUAN WATER BOUNDARY. ii- \.*i is to pass. He liatl before him the treaty and the letter of Mr. McLane, and he gives his advice and consent to tiie ratification of the treaty * with a mind clear of doubt,' for he says, ' The great question of the boundary is settled.' " The injunction of secrecy was removed from the execu- tive proceedings, correspondence, and documents, relating to Oregon, and they became a ])ortion of the public documents of the Senate. As a documentary history of the negotiation, jmblished to the world, by order of the Senate, upon the conclusion of the treaty, they are entitled to all the credit which is due to undisputed cotemporaneous evidence. Taken in connection with the speech of Mr. Benton, giving fnlli/ his views of the meaning of every article of the treaty, it forms a chain of evidence proving conclusively that the line of boun- dary between the United States and the British possessions, after it deflects from the forty-ninth parallel, was intended by the language of the treaty to rim through the middle of the Gulf of Georgia and the Canal de Haro, and thence thi'ough the middle of Fuca Straits to the Pacific Ocean. " From the foregoing communication you will perceive that I have given the most careful consideration and study to the additional arguments you have advanced, and the evidence you have adduced, to prove Rosario Straits to be a channel which in every respect answers to the language of the treaty ; but I must frankly, though with the most respectful deference to your opinion, acknowledge that they have failed to convince me. I have, on the other hand, endeavoured to rebut yoiu- arguments against my views in regard to the channel, which I need hardly say have only been strengthened by reflection since my letter to you of the 2nd instant. " With the most perfect respect and esteem, I beg to subscribe myself, your most obedient and humble servant, " Archibald Campbell, " Commissioner on the part of the United States for ** determining the North-west Bounda Line. " James C. Prevost, Esq., " British Commissioner North-west Boundary, &c." p. boujidt wliieh a all (lefei '^e viewd nmWi SAN JUAN WATER BOUNDARY. 113 On the 20tli November, the fifth meeting of the joint commission was held, and Captain liichards, who had arrived in the interim, was introduced to the United States Commissioner. On the 24th, Captain Prevost replied to the letter of that commissioner as follows :(0— " Her Britannic Jlajesty'a Sliip Satellite, " Siiniahmoo Bay, Gulf of Georgia, November 24, 1857. " Sill, — 1 have the honour to acknowledge the receipt of your letter of the l: ■■■■■ (') American State Papers, p. 30. 114 SAN JUAN WATER BOUNDARY. the continent means the continent in as strict a sense as the island means the island, and neither literally nor geogra- ])hically can an island be deemed tiio continent, as you would seem to imply. When terms are unmistakable, and can be interpreted closely and literally as the words of tlie treaty in this case can, that seems to me to be no strong argument which requires for its sujiport such a latitude of meaning as you would claim in your interpretation of tlie word continent. I maintain that the continent as \\v\l as the island must be regarded according to its natural sig'niticution, and according to its natural position ; and when two or more channels exist between a continent and a particular island, the argument appears to me irresistible that the chaimel contiguous to the continent is the channel sei)arating the continent from the island, while the channel contiguous to the island is the channel separating the island from tlie contiiient. It matters not what may lie between the two to form the channels, whether it be an arcl"\i)elag'o of islands, or a group of sunken rocks. It also seems to mo a fact equally irresistible, that in such case a trrnsposition of words must convey an opposite meaning, and I nmst acknowledge myself at a loss to con- ceive how you can maintain that they do not. In the case I have put, the channels have surely some means of being described apart from any nominal desifrnation, and I see no more direct or positive way than that I have defineil. There- fore, while the words of the treaty pointedly provide that the boundary line is to run through the channel which separates the continent J rom the i^slund, I can never agree that the Canal de Haro, as the channel separating the ishtnd from the con- tinent, can be the chaimel which separates the continent I'roni the ii^land, and consequently the channel of the treaty. ' This process of reasoning' in no way atlbcts either the ' imj)o.* ancc'oftho island or the ' importance ' of the continent ; it is but placing natural objects in their natural position, and dealing with them accordingly. " 4. Your i)rincipal arguments in favour of the Caiiid de Arro being the channel of tlie treaty are based Ujion the cor- hy tU •"^trait clay, i It \vi\ ihy C "ortlic will a^ scarce I ilio-ly goni'j'al lie A -rl tliat J Vancoij •'Ver i,s| fuid J •States i| ^'i'l notl vatiDii^ SAN JUAN WATER BOUNDARY. 115 rcspondcnce of iVfr. McLane, and upon the speeeli of Mr. Benton, and from tho former you draw an inference tliat the Canal de Iluro was the channel proposed hy the British Go- vornnicnt. This inference I cannot adopt. I do not perceive ill aintliirifj that has l)een produced any evidence that the (Janal (h; Arro was j>roposcd hy the British Government. Tlie mention of tlie (.'anal de Arro hy Mr. MeLane in his letter of 18th May, 184G, cannot surely ho cited as a proof tliat this channel was so proposed, lie rej)orts the result of a conversation, and mentions what would prohahli/ he urt'ored. The fact that the Caual de Arro was not oti'ered, is, 1 think, sutHciently cstahlished in the a1)sence of the name, hath from the dran^jht of the convention presented on the Gth of June, 184(;, hy Mr. Pakeuliam, to which you allude, and I'roni the treaty itself I (!an never sup]>ose that tln.^ Urilish (iovernniiMit, in retainin<:j Vancouver's Island, would consent to give up the chaimel which was hest known in Kn Arro in jjreference to the Uosario Strait, iuid 1 should he siu'prisi'd if Captain Alden, of the I'nited States navy ami Coast Sur\ ey, whose remarks yon have quoted, did not agree with me in this opinion, for in none of liisohser- valions that you ha\e ailduceil do I find any opinion that the I •) ;«'-^ r-r*. lie SAN JUAN WATER BOUNDARY. ' ■ -,#' '■■» I Canal de Arro is preferable to the Rosario Sti-ait for sailhiij vessels. *' Tlie high and official authority to wliom I alhided in my letter of the 9th instant, as the source of my information that the Vancouver (or llosario) Strait was the cliannel contem- plated by the British Government, is Her ]\Iaiesty'.s present Secretary of State for Foreign Affairs, the Earl of Clarendon, and I cannot presume that he would intimate to mo in writing, as he has done, tiiat such was the case unless ho had substan- tial grounds for doing so. That the United States Government may have contemplated the Canal de Arro as the channel of the ti'eaty I do not attempt to elispute, but I firmly maintain that the Britisli Government contemplated the channel through which Vancouver passed — that now known as the llosario Strait. I cannot, however, but deem that all this is, to a certain extent, extraneous matter. I must again respectfully submit to you that neither the correspondence of Mr. McLane, nor the speech of Mr. Benton, c:m in any way alter the actual wording and terms of the treaty. Their opinion, however valuable it may be, caimot divert the words of the treaty to an inter|)retatlon which, I conscientiously iuaintain, they literally will not admit. To my miud the woriliiig is pecu- liarly explicit, and while linidy holding this opinion, it does appear to mo an undoubtetl pursuit of the * shadow' to enter into the discussion of extrinsic documents and evidence, when wo can so readily gras[) the ' substance' by a strict adherence to the terms of the treaty. As you have cpioted the opinion of Vattel regarding the interpretation of treaties in cases of obscurity, I beg you will [)ermit nu' to rc^piest your attention to his opinion in cases where no obscurity exists. Ilo says, ' The first general maxim of interpretation is that // /.«( tad allowahh; lo iiiti'r/iri'f what has no meil of infirprcfnfioii. AVIien a deed is wonk'd in eleir and precise terms; when its moan- ing is evident, and leads to no absurd conclusion, there can bo no reason for refusing to admit the meaning which such deed naturally i)iesent3. To go elsewhere in searcih of conjectures in order to restrict or extend it, is but an attempt to elude if. chai fail cleai from conti Van( " witii clian lonoft tliat on a the fore It oxj)re| westef the ct Oiuiai the col of thcf and a,i fo fh,' ignore! liardlJ SAN JUAN WATER BOUNDARr. 117 If tills daiiffcrous method,' he says, ' be once admitted, there will be no deed which it will not render useless. However luminous each clause may be, however clear and precise the terms in which the docd is couched, all this will be of no avail if it be allowetl to go in quest of extraneous arijumonts to prove that it is not to be understood in the sense which it naturally presents.' " I maintain that the treaty in the matter of the channel separatinjT the continent from Vancouver's Island is worded in 'clear and precise terms,' and, therefore, I cannot admit any evidence on this subject to weigh with mo that would lead to an interpretation that the precise terms of the treaty will not admit. " 5. You state that ' with the projef of the treaty and the chart before them, ^[r. IMcLane and Lord Aberdeen cou'd not fail to see at a glance that the concise language of the treaty clearly indicated the channel which se[)arate3 the continent from Vancouver's Island. The Gulf of (Jeorgia washing the continent at the northern end of the lino, the Canal de Ilaro, Vancouver's Island at the southern end, and at its junction with tlie Straits of Fuca, presented to the eye a continuous channel that uiunistakabl}' scjiarated throughout its whole length the continent from Vancouver's Island ;' and, further, that ' a glance at the chart of the United States Coast Survey on a largo scale, accurately defining the space through which the boundary line is to be traecid, will show nuich more forcibly h'lw well the language of the treaty was chosen (,o express in few words the object of tlio negotiators.' If the western shore of the Island of San duan were the shore of the continent, or if no navigable channel existed between the Canal de Ilaro and the continent, I could agree with you in the conclusiitn at which you arrive. But as the western shore of the Island of San Juan is not the shore of the continent, and as tlien^ is (niothrr iiid'lifiihfi' rliainwl, situated moir ailjarcnt to t/w I'onfliH'iif, the existence of which your conclusion would iirnore, I nnist resp.'cti'ullv sul)mit that vour conclusion can hardly be a correct one. I would ask, in what relation does h' ■'.'!"*1 ' ;' t :V!l ■'■. ■«vi ;■ ■-^.1 118 SAN JUAN WATER BOUNDARY. <.■% i ':n\ tlie Rosario Strait stand with regard to the continent? The mode of I'easoning you have here adopted woiilii lead to the direct inference either that no other channel existed than tiie Canal de Haro, or if any other channel did exist, that it had neither an entrance to it from the Gulf of Georgia, nor an exit from it to the Straits of Fuca. I would observe that the maps in use at the time the treaty was negotiated wore on a very small scale, and, with every deference to your opinion, I must maintain that a glance at them will show a ' continuous chmuiid'' from the Gulf of Georiria to the Straits of Fuca to be through the channel now culled the llosario Strait, rather than through the Canal de Arro. On Vancouver's map, which is no doubt one of those used at the time, the ' continuous channel ' is very apparent, for the track of his ship is dis- tinctly traced through the channel now called the Rosario Strait. J3ut any map, whether on a large or a small scale, will, I conceive, clearly exhibit the Rosario Strait as an unin- terrupted chuimel from the Gulf of Georgia to the Straits of Fuca, while to follow the course from the middle of the Gulf of Georgia to the Canal de Haro, it becomes necessary to proceed nearly at right angles; and, as 1 have already stated, local experience and observation of the currents will show that the Rosario Strait is a direct continuation of the Gulf of Georgia, while the Canal de Haro is more properly a continuation of the ciiannel between Saturna Island and Vancouver's Island. " (>. You comment upon my reply to your ronu\rks with regard to the term ' southerly,' and 3'ou observe that it is ' not entirely just' to apply the term strictly in one case and not in another. 1 must therefore repeat that 1 conceive wh. 1 the words of a treaty can be carried out in their strict and Iteral sense, there can bo no question as to their intcrprota ion ; when they cannot be so carried out, the evitlont intention of the treaty should be followeil. In my former cummimicatiou 1 did not roler to Vattel upon this head, for 1 considered it sui)erlhi()us, and only unnecessarily acUling to the length of my letter, but as you again notice it, and denominate my ii- =■'^'1 SAN JUAN WATER BOUNDARY. 119 view as ' not entirely just,' I must request your attention to ]iaragrapli No. 281, Book II., Chap, xvii., in which Vuttol de- clares that it is not necessary to give a term the sanio sense everywhere in the same tieed. He says : — " ' Tf nnij one of those e.rprensions which are susceptible of different siijitijicfttions occurs more than once in the same i>iece, ice cannot make it a rule to take it ever^ichere in the s'line si/ ought to he rejected ; or, in other words, we should not give to any piece a meaning from which any ahsurd consetpiences would follow, hut must interpret it in such a manner as to avoid absurdity.' " Now the boundary lino can bo carried in closer adherence to a ' southerly ' direction through the Ilosario Strait than it can if taken through the Canal do Haro, and for this reason I argued that, so far as this particular was concernetl, the liosario Strait should be adopted in preference to the Canal do Haro ; but tiie boundary line cannot be carried in a * southerly ' direction through the Straits of Fuca to the Pacitic Ocean, and here is a trifling obscurity. It is, how- ever, unnecessary to go beyond the treaty itself for an inter- j)retation. Two points are named, the I'acitic Ocean and the Straits of Fuca, and the former is to be reached through the latter ; and as there is no doubt as to the position and limits of either, there can be no question as to what was the evident in- tention of the treaty-makers, and 1 must respectfully sul)mit that such an interi)retation, so strii'tly in accoid;ince with the rules laid down by Vattol, and with tlie ilictates of common sense, can neither be styled as ' not entirely just,' nor such as would render the treaty 'a nullity.' " 7. With reference to your remarks upon the map drawn by * Charles I'reuss, im, he would no doubt have drawr. Jie line of boundary on the diajijrani of Oregon Territory as passing through the Canal de Haro. I can scarcely conceive that a Government official, in preparing an official document, would seek his information from the publications of a pi-ivate indi- vidual ; although it was very natural that jNIr. Arrowsmitii, as a private individual, should be guided in his delineation of the bouii(hu'y line by an official document, publisheil under the order of the Senate. I have Mr. Arrowsmith's map of 185;} in my jjossession, and will lay it before you should you desire to sec it ; but, of course, 1 do not refer to it as any authority, nor should 1 liaAO brought forwnrd either it or his letter liad you not endeavoured to bring his msip of 1849 as a document to be placed in opposition to the diagram of Mr. Preston. SAN JUAN WATER BOUNDARY. 121 " 8. Havino; tlius endeavoured to sliow you that all the arf^u- ments you have advanced ca!i, to my mind, bo fully rebutted, and that, therefore, they entirely fail in convincing mo that the Canal de Haro can in any way bo rei^arded as the channel of the treaty, I must arjain repeat my positive conviction that when two or more channels exist betv/oen a continent and an island, that channel which is coiithjuous to flic continent must bo the channel which separates the continent from the island, and that, therefore, the Rosario Strait, as being the navigable channel most adjacent to the continent, must be the channel which, at its position, ^ separates the continent from Vancouver n fslaiid,' and consequently that it must bo the channel through which the boundary line should pass. AVhile my opinion is thus firmly fixed upon the Rosar'^ Strait as the channel of the treaty, your opinion ai)pears no less firmly fixed n])on the Canal de Haro ; and, therefore, so long as we both hold to these opinions, the prospect is very remote that we shall ever attain the end for which we were both connnissioned. Eleven years have ])asso(l since the treaty of the l.")th June, LStlJ, was signed and ratified. At the time of its conclusion the interests of British subjects and of American citizens around this neighbourhood were comparatively iun"m|)ortant, and the settlement of the boundary lino between the continent and Va?icouver's Island was not urgently required ; but now, with the greater interests involved, and with the fast in- creasing population and si>ttlement of the country, it be- comes a matter of grave importitnee that the Ijonndary lino should be defined. I am aware that Her ]\la)esty's (roveru- ment are desirous to have tiie line determined, and 1 have no doubt the Government of tho United States are e(pially in- terested in tho matter. It, therefore, I conceive, becomes our jiositive as well as our conscientious duty to endeavour, in a conciliatory spirit, and by mutual cnncession, to settle tho matter. I will at once frankly state how fir 1 ani willing ti) concede,' but heijond what I now (iffer I can )io furllfv i/o. In contemjjlating your view that all the chaimels between the continent and Vancouver's Island, from the teiniination of tho i. ■■ •■^ i I h ■ 122 SAN JUAN WATER BOUNDARY. Ll\ Gulf of Georgia to the eastern fermi'naiion of the Straits of Fuea, are but a continuation of the channel of the Gulf of Georgia, I see a way by which I can in part meet your views without any gross violation of the terms of the treaty. I am willing to rej^ard the space above described as one channel, having so many different passages through it, and I will agree to a boinidary line being run through the ' middle^ of it, in so far as islands will permit. In making this concession, which is ihc only approach to j'our views that I can possibly entertain, I beg it may be distinctly understood that I am induced thereto by no change of opinion on any one point, but that I am alone influenced by the considerations I have above given, and by an earnest desire to prevent a disagreement between us, and a reference of the matter to our respective Govern- ments ; and I further beg it may also be distinctly understood that I nuiko the present offer without committing either my Government or myself, or any other person, to a renewal of it at any subseqnent period, should it not now be accepted ; but I feel confident that the liberal and conciliatoiy spirit which has actuated me on the px'esent occasion will not fail to meet with the same ready response from you that hitherto it has been my privilege and pleasure always to experience in all the intercourse we have had. " With every assvrance of my high esteem and deep con- sideration, I have the honour to subscribe myself, sir, your very obedient and humble servant, " James C. Prevost, "Captain of H.B.M. ship Satellite, and Her Majesty's " First Commissioner for the before-mentioned Boundary. " Archibi.id Campbell, Esq., " Commissioner on the part of the United States for deter- " mining the North-west Boundary Line." Captain Prevost at the same time enclosed a copy of a letter from Mr. John Arrowsmith to the Secretary of the i^udson's Bay Company, dated 10, WM SAN JUAN WATER BOUNDARY. 133 Solio Square, September 29, IS 56, wliicli was as follows :(^) — " Sir, — In your letter of the 22ii(l instant, having refer- ence to (ho boundary line between this country and the United States boundaries in the Gulf of Georgia and Do Fuea Straits, you say that Mr. Isaac I. Stevens, Governor of Washington Territory, United States, writing to the Governor of Vancouver's Island in May last, states that I published a map of Vancouver's Island and the adjaciMit coast on the 11th April, 1849, in which the boundary line between the two States is laid down as running through the Canal de Arro; and that tlie Governor and Committee of the Hudson's Bay Company will feel obliged by my informing them if such map was published by me, and if so, by wiiat authority I was guided when thus marking the bounelary. " My reply is, that I published the map of Vancouver's Island and the adjacent coast, which was compiled from the surveys of Vancouver, Kellett, Simpson, (Jalliano, Valdez, &c. &c., on the 11th April, 1849, but that the map at that time contained no boundary lines whatever, and that it con- tinued so until the end of 1852, when I engraved the boundary line as it now exists upon the plate, and I i)ublished the map with the date 1853. " The authority which guided me in introducing the engraved boundary line, was a map emanating from the Senate of the United States, dated Washington City, 1848> the full title of which is, ' Map of Oregon and Upi)er Cali- fornia, from the Surveys of John Charles Frenjont and other authorities, drawn by Charles Preuss, under the order of the Senate of the United States, Washington City, 1848. Scale, 1:300,000. Lith., G. E. Weber & Co., Baltimore.' " In transferring the boundary line from the above nnip to my own plate, the only change which I nnuie in drawing the ijoundary line was, that instead of carrying it to the islands of Sinclair and Cypress, as marked in tlio Senate map, I !■ •',■ 1 i ;;.' ■v.t^ » ^m "■! . ;■ .~\ a-'- ■ '-.-rV?. 't' s ;'.•-'« ;f' •;<>>v .'?'' ' "i^f^. •"C> m l\yi\' : «.;>,- . ,-*•■>■ ■ "■.' . -X-:, nk;.' • 1 •• ,f.*; .';; t; '^v'v .** '■'i ' ■K, W'. :.;|1pv% (') American State Facers, p. 35. ri- ■■■■ my Mi .' y\'i: 124 SAN JUAN WATER BOUNDARY, W- m traced it l)L'tween tliom, fjlving the former to the United States Government, and the hitter to the British Government, for the same reason — viz., that it is sitnated nearest to the shores of Vancouver's Ishin(l,(') conceiving it to be the common sense simplification of what might possibly, hereafter, cause misunderstanding if left undefined as regards these two islands. These were my authorities and reasons for the boundary line as represented in my map. " When tlie treaty of 1846 was concluded, that neither the British nor the United States Government contemplated the extension through the Canal de Haro is quite clear. The United States Senate maps clearly settle this point, so far as that State is concerned. " I have quoted the United States Sena'o map of 1848, and shown what use I make of it. I will now quote another Senate map, as confirmatory of that of 1848 ; this latter bears date October 21, 1852. The full title of the map is, ' A Diagram of a Portion of Oregon Territory. Surveyor- General's Office, Oregon City, October 21, 1852. John B. Preston, Surveyor-General. Scale, ten miles to an inch. Ex- planations : Townships subdivided, 1852,*; Townships pro- posed to be surveyed, 1853, +; Townships proposed to be surveyed, 1854, A.' " The above survey, mapped and printed, extends from 42" to 49'=' north latitude", and from 120° 10' to about 124° 35' west longitude. It, of course, tnkes in the south portion of the Gulf of Georgia, Vancouver's Strait, and De Fuca Strait. This Government map confirms that of 1848, and brings the date down to 1852, 21st October. The line of boundary upon this map precisely corrcsjKJnds with the former map. " From the line drawn upon both these maps, it is manifest what the United Slates Government meant in 1846 as the continuation of the lino of boundary ; and it is clear that Government held the same view in the latter end of 1852. " I have, &c., '' John Ariiowsmith." (>) The two islands in qnostion are upon my map placed in tlu! relative position according to the United States Nautioal Survey of ISil. SAN JUAN WATER BOUNDARY. 125 The United States Commissioner replied to Captain Prevost's arguments in the following letter :(^) " United States North-west Boundary Commission. "Camp Simiahmoo, 49th parallel, November, 28, 1857. " Sir, — 1 have the honour to acknowlclge the receipt of your letter of the 24th instant. Although my letter of the 18th instant was necessarily, to a considerable extent, a recapitulation of the views I had previously expressed (being a reply to your objections to those views), it was mainly devoted to the discussion of points and arguments contained in your letter of the Dtli instant not before advanced by you. There was one point in your letter, however, to which I did not reply, but as you reiterate it in your last letter, I will now answer. " You say, ' I must again res]iectfully submit to you that neither the correspondence of Mr. McLane, nor the speech of Mr. Benton, can in any way alter the actual wording and terms of the treaty. Their opinion, however valuable it may be, cannot divert the words of the treaty to an interpretation which I conscientiously maintain they literally will not admit.' '* You thus characterise the official rejwrt of Mr. McLane, and the speech of INIr. Benton, as mere opinions. As well might j'ou call the articles of the treaty itself the opinions of those who signed, ratified, exchanoed, and proclaimed it, and thus cast a doubt upon its authenticity. " ]\[r. McLane, in his character of special ambassador to England, reports to his Government i\^ result of an ofHcial conference hekl with the Secretary of State for Foreign Affairs, ' at the Foreign Office,' and gives the substance of a proposition to bo submitted to the United States by the British Govern- ment. This report was transmitted to the Senate side by side with the proposition of the British Government, and was the guide to that body in giving their ailvice to tl.'i President to accept the proposition. It is a report of facts in relation to i<' I it ■I -151 M.^ ■'■■■ '■•'!*i>'i- (') American State Papers, p. SP. 126 SAN JUAN WATER BOUNDARY. i:h 1^ ^ the proposition, and stands as the record of the intention of the British Government, as well as of the understanding of the United States Government. " Mr. Benton's speech is an incontrovertible record of his understamling and intention, as one of the treaty-making power, in advising the acceptiince of the proposition and con- sentinof to the ratification of the treatv. He does not describe the boundary line as a matter of opinion. He states what he knows, not simply wliiit he believes, to be the meaning of tlie lancruaije in reijard to it. He had full and free access to tiiose who could enlighten him as to the intention of the two Governments, and there is no doubt that he availed him- self of his privilege. " As you still maintain that the wording of the treaty is very peculiar, I beg, respectfully, to call your attention to the lauiruaore of your own Government in 1848, in the draufjht of instructions prepared for the commissioners, who, it was then supposed, might be appointed todetermine the boundary line. (') A copy of the said draught will be found accomj)anying Mr. Crampton's letter of January 13, 1848, to which 1 called your attention in my first letter. Mr. Crampton savs : — " ' In bringing this matter under the consideration of the Government of the Uiu'ted States, I am directed to present to you a copy of the proposed draught of instructions to the eommissioneij to be so appointed, which 1 have the honour herewith to enclose.' " After quoting the first article of the treaty, and de- scribiiig the first operation dec,ur>(l necessary to be performed by the connnissioners, the jiroposed instructions proceed as f )llows : — " ' From that point you will carry on the line of boundarv along the forty-ninth parallel of latitude to the middle of the. channel between Vaiieonvet's Island and the continent.' " Although, a^ 1 have already stated, I attach no special importance to the arrangement of the words, and in this view (') An extract from this letter has bten griven above, p. 45. Also a copy of the draught instructions, p. 4S. ^ a-:^ ■m SAN JUAN WATER BOUNDARY. 127 m am supported by high authority, I deem it pro[)er to enforca my opinion by also exhibiting tliat of the British Government in 1848, within two years after the conckxsion of the treaty. " I have heretofore quoted from Mr. Crampton's letter several detached passages, to show that the British Govern- ment, in January, 1848, did not pretend to assert a positive claim to Rosario Straits as the boundary channel, and did not present any evidence of the intention of the treaty-makers in relation to it ; and also that they deemed an interpretation cf the meaning of the language of the treaty to be necessary. As there are other points in that letter bearing upon the question now before us, a< a matter of convenience I herewith annex a copy of so much of it as has special reference to the water boundary line. By a comparison of tlie views of the British Government, as therein expressed, with those advanced at the present time by your Government and yourself, it will be seen that there is a striking difference between them. " In 1848, Rosario Straits was not claimed on the ground that there was anything peculiar in the wording of the treaty; nor was there any claim founded upon the supposition of a ' designed altei'ation ' of the original pivjet of the treaty, by omitting the 'Canal de Haro,' and substituting its present language. "All that the British Government then advanced in behalf of Vancouver or Rosario Strait was their belief t'nat it was intended as * the channel' of the treaty, because it was thought to be the only one in that part of the gulf which had been 'hitherto surveyed and used," and that therefore it seemed ' natural to su])pose that the negotiators of the Oregon Con- vention, in emplo^'ing the word "channel," had that particular chaimel in view.' In my letter of the 2nd instant 1 showed the error of Mr. Crampton's assumption that it was the only channel that had been hitherto 'surveyed and used.' Besides the Spanish navigators in early times. Captain AVilkes, in 1841, while in command of the Exploring Expedition, sur- veyed the Canal de Haro, Rosario Straits, and the interme- diate islands and channels. i%. •»?kVv:- is iii ■ :v>% •4\ ) 128 SAN JUAN WATER BOUNDARY. i:} Lr " But even 'vliile making the effort to induce the United States Govcrnnunt to adopt that channel, the British Govern- nii'iit frankly acknowledged the necessity of an interpretation of the treaty. Mr. Cranijjton refers to the Principal Secretary of State for Foreign Affairs as the olHcial authority Troni whom ho received liis instructions. AVhetlier the person then holding the po.-;ition of Principal Secretary of State had any connection with the negotiation of the treaty I am unable to say, but, as it v.-as shortly after the conclusion of the treaty, it is pi'csumed that he must have been, at least, as fully in- formed upon tlie subject as any who have succeeded him. And the absence of any evidence then that the Jiosario or Vancouver Straits was intended or ]»roposed, ])r()ves clearly that none was in existence. Under these circumstances, it can hardly be expected of me to attach much importance to the intimation of the Earl of Clarendon, unac('omj)anied by any evidence of the fact, that Rosario Straits was 'the channel' contemplated by the British Government, or to ciiange my views on your presuMi[)tior that his intimation was based on substantial grounds. " In o|)position to your opinion that the words of the treaty are so peculiarly precise and clear as to point out unmistak- ably Kosario Straits a;; ' tlu; channel,' ]\Ir. Cramp.ton, speaking on the part of his Government, says : — " * But betwcon the G-df of Georgia and the Sf»v,it • of Fuca the line is Irss dUthflJn and (irciirafih/ iJcjhx'd by the vi'vbal iU'sivijition of the treaty by which it is established,' itc. " And here allow me to qimto a general niaxini from Vattol, which is peculiarly appHcablo to the position of the British Government in relation to their present claim that Bosario Straits was meant as * the chnnnel' of the treaty : — " * If he who ea.! and ought to have explain(>d himsell' clearly and ])lainly has not done it, it is the worse for him ; he caviuot be allowed to introduce subseciuent restriction, which he has not expressed.' " He adds:— •' 'The equity of this rule is extremely visible, antl its SAN JUAN WATER BOUNDARY. lot) necessity is not less evident. There can be no secure conven- tions, no firm ami solid concession, if these might be rendered vain by subsequent limitations that ought to have been men- tioned in the piece if they were included in the intentions of the contracting powers.' " The proposition ovp)'oj> f of the treaty having been drawn up and submitted by the British Government to the United States, the rule excludes, therefore, all claim to Kosario Straits, without the most indisputable proof, of which 1 have yet to see the first evidence. " ^Notwithstanding your objection to my argument in favour of the Canal do llaro, as the channel of the treaty, on the ground that the continent embraces the islands adjacent to it as flir as the Canal de Ilaro, I maintain that my view is cor- I'cct and according to well-t utablished principles of interna- tional law ; for in order to define a channel we must know the coasts whi(!h bound it. The Canal de Ilaro on one sido is bounded by the coast of Vancouver's Island, on the other by the coast of the nearest islands, wiiich are natural appendages to the continent. For the correctness of this position I would reapcctfully refer you to Whoaton's 'Elements of International Law,' p[). 2.'53— I, my cojiy of whieh is at your disposal. '' Your objection to the Canal do Ilaro on the ground that there is nnothcy naviijable channel situated morf adjacent to the continent, the existence of which, you say, my conclusion in favoiu* of the Canal de Ilaro would ignore, will apply equally to Rosario Straits. For there are, undoubtedly, channels nearer to the continent than Roaario Straits — viz., 13ellina:ham Channel and the channel between Lununi Island and the mainland ; the fbrnicr being the very one through which Mr. Arrowsmith drew llie boundary line. I am awaro that the other channel is narrow ; still, it is navigable, and cannot be objected to on the ground that it is not, and it cer- tainly, as well as lieliingham Channel, is closer to the main- land than Rosario Straits; ami these two channels combined woidd jiossess more completely the chiUMctciMstics nninired by vou for ' the ehannel' of (he treat v than Uusario Slr.dtM. In «Ci ^ ii- ■/i3. ':., I'. 1 ( fi ' 130 SAT^ 7TIAN WATER BOUNDARY. 1 f-V* answer, therefore, to your inquiry, ' In wliat relation does the Rosario Strait stand with regard to the continent?' I would respectfully state that, in my opinion, it stands in the same relation to it as the San Juan Channel, or any other channel, between the two just alluded to and the Canal de Haro. " Your quotation from Vattel, that it is not necessaiy to give a term the same sense everywhere in the same deed, is quite inapplicable to the use of tho word ' southerly' in the treaty ; for that word only occurs oiice, whereas the rule re- ferred to is where expressions which are susceptible of different signification occur ' more thari once in the same piece.' " Your further quotation, ' that every interpretation that leads to an absurdity ought to be rejected,' must, therefore, necessarily apply to the strictly technical meaning you attach to the words. " The * trifling innrcuracies ' i \ the map of Charles Preuss, to which you allude, wore not pointed out by me at all with the view of strengthening my position as regards the Canal de Haro, but simply to show that, in drawing hoiindnri/ lines, he did so on his own authority, and was neither guided by the treaty nor tho treaty-makers. You say you do not bring forward this map ' as any authority for the line of boundary,' but merely * as a counter evidence to what you [I] have advanced as to tho Canal de Haro being tho channel of tho treaty.' " You add, both this map, dated in 1848, and the diagram of Surveyor-General Preston, drawn in 1852, * are oHiciul documents, and are therefore entitled to some weight.' " Considering tho summary manner in which you have disposed of the evidence of Mr. McLane and Mr. IJenton, I am somewhat surjuised that you should attach any weight to these maps, particularly after tho proof I have given you of their inaccuracy and want ol' authoriiy in regard to boundary lines. Since, however, you regard them as entitled to son'e weight, I would reHi)ectfulIy call your attention to tiio map of tho Surveyor-General of Washington Territory for 185C, r tine. I\Ir. 1-jJi^iSiilaiihi-^ibnkixm.iitli SAN JUAN WATER BOUNDARY. 131 , ■ _;■■,■- publislied during the present year by the same authority as the map of Mr. Preston. Upon this map the boundary line is drawn from the forty-ninth i)arallel through the Gulf of Georgia, the Canal do Haro, and the Straits of Fuca, to the Pacific Ocean. Doubtless the present able surveyor-general, Mr. Tilton, has carefully studied the language and terms of the treaty, and has interpreted its meaning therefrom, without any special knowledge of the actual intentions of its authors. " T have read Mr. Arrowsmith's letter to the secretary of the Hudson's Bay Company, appended to your letter, and am struck with his ingenuity in avoiding tl'" direct question put to him as to the authority by which he was guided in marking the boundiu'y line. Mr. Arrowsmith gives carefully the date of the publication of the map, but adds that, at that time, it contained no boundary line whatever, and that it continueil without one until 1852, when he cngiaved the boundary line as it now stands upon the plate, and published it in 1858. He gives, as his authority for introducing the engraved boundary line, the map of Prcuss, published in Washington City in 1848. He then states the reasons why he deviated from the lino as laid down by Preuss, giving the larger island to Great Britain and the smaller to the United States, for reasons satisfactory to himself. The diagram of Mv. Preston was considered by Mr. Arrowsmith as confirmatory of that of Mr. IVcuss, and us showing the views of the United, States G' uuir.'UMit down to October, 1852, . . '- i ■;\s well aware of the estimation in wdn'eh Mr. Arrow- .-...'' 'i ^- ll,^ held, in England ajid elsewhere, us an accurate colleei :•, juipiler, and publisher of n)aps ; and the inquiry of the Hudson's Bay Conqtany, and ti. ■ \i;- duction o/ his reply at this time, confirms my (»|)ini()n. " 1 wouhl now respectfui'y call your aticiiuiin to tlie fact that, in the m.'ip of 1841), the boundary line of the forty-ninth parallel is drawn and colomx'd, and, although no boundary / If is hiiil down between Vancouver's Island and the terri- ? ','3 of the United States, the wholo houmhd'// chanurl^ from \\i ■ •jrty-iiinth parallel to the Pacific Ocean, is so ilistlnctly J ;2 Ji 11' i-^'^^^ 132 SAN JUAN WATER BOUNDARY. ,1^ . • y'i- ^ Mi'/ I' L ■% *■ ■; P ??: Fr' portrayed, by colouring differently the coast of Vancouver's Island and the adjacent coasts of the United States, that it is a mere quibble on his part to say that the map contains ' no boundary line whatever.* While he carefully avoids giving the authority for marking thus distinctly the boundary channel, he is critically minute in giving his authority for engraving the line in 1852, and his reasons for dividing the islands of Cypress and Sinclair between the two territories. He does not, however, attempt to explain why he postponed the introduction of the engraved boundary line until 1852, and its publication until 1853. Mr. Preuss's map was pub- lished and gi\ ; ^' rrh to the world in June, 1848. Certu'yf Captain Provost replied as follows •.(^) — " Her Britannic Majesty's Ship Satellite^ Simiahmoo Bay, " Gulf of Geori;ia, December 1, 1857. *' Silt, — I have the honour to acknowledge the receipt of your letter of the 28th ultimo, in which you decline to agree to the proposal I made in my letter of the 24th ultimo with a view to our being able ourselves to determine the water bountlary lino between the possessions of Her Britannic ■A. c' •h (') Auioi'ican State I'apora, j'. 41. iTwr 'V'*.~ ■ s ',-*<^ '.'' ■ 1 V - ■ ■ i ,;;••-• t. : 'i H;i 'J :lri !* »' 1 *. ti ■'» ■ ' J ' ill h: ■■=, 1*! >'< i '^■-\^■ r? U,^- 1 kvh'' 1 t- ■ fi '■> -■ ' 134 SAN JUAN WATER BOUNDARY. t? '■*.", r » f f^ i^l"':: M . P''fr , * Majo>^*^'/ and those of the United States, as settled in the first article of the treaty of 15th June, 1846. " 2. Could I regard the correspondence of Mr. McLane and the speech of Mr. Benton as of greater weight than the treaty itself, I should probably, in the absence of direct con- tradictory evidence of equal value, respond to your vievs'^ that the boundary line should pass through the Canal de llaro ; but, taking the treaty alone as my anthoritij, and with its words l)lainly and unmistakably before me, I could never conscien- tiously admit that the Canal de Haro is a channel which intrinsically answers to the channel described in that treaty. In that treaty I find two fixed points named — the continent on one hand and Vancouver's Island on the other, and it is agreed that the boundary lino is to run through the middle of the channel separating the former from the latter. In this case, in my opinion, the continent is de facto the continent, as much as the island is de facto the island ; and holding this view, I conceive tliat no interpretation of the treaty per se can admit of the Canal de Haro being regarded as the channel through which the boundary line should pass. It appears to me that the claim to this channel rests entireh/ on the correspondence of Mr. McLane and the speech of Mr. Benton. If upon this ground the Canal de Haro be admitted as the channel of the treaty, with equal justness it might be argued that the line along the forty-ninth parallel should not strike the water at the fo)'ti/-ninth paraUel, but that it should defect to Birches J3aij, which is a few miles to the southward ; for Mr. McLane, in his letter of the 18th May, 1840, states that the offer will probably be * to divide the territory by the extension of the line on the parallel of forty-nine to the sea — that is to sai/, to the ai-ni of the sea called liivvli's JJai/ — thence by the Canal de Ilaro and Straits of Fuca to the ocean ;* but I find no men- tion of Bivch^s Bay in the treaty, any more than I do of the Canal de Ilaro ; and as the words of the treaty are as distinct \\\w\\ tlie one head as they are upon the other, I cannot admit that they should be departed from, either to carry the boun- dary lino through the Canal de Haro, or to deHect it from A.mmmmmv ^. ■I -mi SAN JUAN WATER BOUNDARY. 135 the forty-ninth parallel to Birch's Bay. I conceive that the corresjiondence of Mr. McLane and the speech of Mr. Benton, and the concurrent proceedings in the Senate of the United States, must be viewed iu connection with the lohole Oregon question as agitated at the time, and not merely wit!, reference to the small portion of that question which is comprised in the determination of the Hue of boundary between the continent and Vancouver's Island. I have received the whole of this evidence with the greatest respect, and I have given to it the most careful and anxious study and reflection, but I cannot admit it as otherwise than secondary to the treaty. While upon this point, I would respectfully submit to you that if the treaty was intended by the United States Government to accord with the correspondence of Mr. McLane and the speech of Mr. Benton, I conceive that the general maxim you have quoted from Vattel would be more applicable to the United States than to the British Government, for if the former intended that the Canal de Haro should be the channel through which the boundary line was to pass, they shouUl have taken care that it was so expressed * clearly and [jlainly ' in the treaty. That it was never either the proposition or in the contemplation of the British Government, every further reflection I give to the subject only the more firmly con- vinces mo. " 3. Notwithstanding the construction you are pleased to put upon the quotation 1 used from Vattel to show that it was not necessary to give a term everywhere the same signification in the same deed, I must, with the utmost deference, still maintain that it is strictly to the point for which I quoted it; and I think further reflection on your part will show you that the objection because the term occurs only * once,' whereas the rule applies to words which ' occur more than once,'' is but a mere play upon words ; the whole sj)irit of the para- graph in Vattel being so evident. The word ' southerly,' in reference to which the (piotation was made, although only once priutedj is applied twice, and, therefore, is in the same category as if it were used twice; for although the actual *r ». ^f ; ..1>;: ^h i-;"j i ^^ ^: 4". ■vs *'■- m ■ vvUtl '{ -.1 " ^, 1*'.A^ ]y* ':'i^*.: ■' ' ■ ::■■';■;■ =. (■ J*-' /■ ■. ■ ■-«■■•;■.; ',;'. ''v'.'"*' ' tV>-.' ^ ■ ■■'■<.■. , A^*-! •■' ■; J . :^Vi # ».'* ■ -^m ■* ' ■ -ft' ' V "1. ■•A J^ m^^ a- ■yy 136 SAN JUAN WATER BOUNDARY. v..!, ♦ $ ^'I ,' :5i; -i i . ^1 ■i- ■ w h :* ' ■ *. ^ti •!" " : <. :;! 'i \ ■ ill' ■I' f, '.'■',' li ,1 ',:^ iil." ' ' •■ t- > :s! IV' words of the treaty are ' and tlience soutlierly, through tlie middle of the said channel and of Fuca's Straits to the Pacific Ocean,' yet you would apply the words as if tlie_y were written, and thence southerly through the middle of the said channel, and thence soulherlij thromjh the middle of Fuca's Straits to the Pacific Ocean. Although I do not for one moment suppose that the word southerly was intended by the treaty-makers to apply to Fuca Straits at all, yet you have thought fit to so interpret it, and I do not dispute that, view- ing the construction of the passage in which it occurs in a strictly grammatical sense, such an interpretation may be given to it. The further quotation I used fi"om Vattel is also, I con- ceive, strictly applicable ; for no ' absurdity ' follows the strict use of the term ' southerly ' in coimection with Rosario Strait, although it does if the term be similarly used in reference to the boundary line reaching the Pacific Ocean through the Straits of Fuca. "4. In your letter of the 18th iiltimo, in alluding to a continuous channel from the Gulf of Georgia to the Straits of Fuca, you state, * But whatever name may have been given to the waters broken up by the islands' (between the con- tinent and Vancouver's Island), * they are all continuations of the waters jiroceeding from the Straits of Fuca or Gulf of (leorgia, and are all perfedhj on an equalitij in that respect ;' and again, ' it has been acknowledged that Rosario Strait, in common ivith the other channels is a continuation of the Gulf of Georr/ia.'' After stating this as yoiu' conviction and opinion, it is difticult for me to conceive how you can reconcile the claim to trace the boundary line through the middle of the Oaital de Ilaro with a strict adherence to the terms of the treaty, * taking the words in the most literal sense.' Surely, if all the channels between the continent and Vancouver's Island, from the southern termination of tlio Gulf of Georiiia to the eastern termination of the Straits of Fuca, are a con- tinuation of the chaimel called the Gulf of Georoia, it must necessarily follow that thoy are collectively part of that channel, and consequently the * said channel ' of the treaty, through the SAN JUAN WATER BOUNDARY. 137 * middle ' of which the line of boundary should be carried to accord with the terms of tiie treaty. Alth()U lil '. ii ".' A ■■ *. .ir< ,^' . jl, i. ■j I ii 1 ! Ii •i,".' '•' !^r^ "X^;-^ 4| .J--; i; > , J!l fi..: III r^; f?V'-; M ii I ir 'I' 138 SAN JUAN WATER DOUNDARY. Captain Prevost, closed the correspondence on this head:C)— " United States North-west Boundary Commission, Camp " Simiahnioo, 49th parallel, December 2, 1857. " Sir, — I have the honour to acknowledge the receipt of your letter of the 1st instant. In my previous letters I have distinctly stated that the Canal de Haro, in my opinion, is the channel intended by the treaty, taking it ' in the most literal sense consistent with its execution,' and I have given my reasons therefor. In like manner you have asserted that Rosario Straits is * the channel ' of the treaty, and given the grounds upon which your opinion is based. " Finding, however, that wo could not agree by confining ourselves to the mere words of the treaty, I laid before you contemporaneous evidence of the highest authority and most undoubted anthenticity, in hopes that it .vouUl aid in settling the disputed question, and enable us to execute our instruc- tions by carrying the treaty into effect. You did not decline to consider this evidence, but attempted to degrade its character by designating it as mere opinions, and to destroy its force by the production of what you were pleased to call ' conntev evi- denec..'' But when you find its facts to be incontrovertible, and the counter evidence entitled to no credit, you again intrench yourself behind the mere words of the treaty, and refuse f'^ * admit any evidence whatever on the subject to weigh with ' you ' that would lead to an interpretation that the precise terms of the treaty will not admit.' " I also called your attention to the views of your own Goveriunent in 1848, within two years after the conclusion of the treaty, to prove that there was no evidence in existence that llosario Straits was ever intended as ' the channel' of the treaty. With such evidence in favour of the Canal de Haro, and against the Rosario Strait, I think I had good reason to expect an acknowledgment on your part that you were mis- taken in the views you first entertained. {') American Stiito Pai^ers, p. 40, SAN JUAN WATER BOUNDARY. 139 " You now say it appears to you that the claim that the Canal de Haro is ' the channel ' ' rests entirch/ on the cor- respondence of Mr. McLane and the speech of Mr. Benton.' If this be a fair construction of my position in regard to that channel, then the claim for Rosario Straits rests on no founda- tion whatever, for yonr opinion, equally with my own, is set aside by such a view of the case. Having shown hereto- fore that the evidence of ]Mr. McLano and Mr. Benton proves that the Canal de Haro was originally intended by the British Government, and that the intention remained unchanged, I am not unwilling to let the question rest entirely upon their evidence for the present. When any substantial cotempo- rancous counter evidence is produced, it will then be time enough to bring forward more if necessary. " I do not deem it necessary to enter into any argument to show the fallacy of your inference that if the Canal de Haro be admitted as ' the channel,' with equal justness it might be argued that ' the line along the forty-ninth parallel should not strike the water at the fortii-nintk jjaraUd, but that it should deflect to Birch's Bin/.' A glance at Vancouver's chart, or at Wilkes's map of the Oregon Territory, will show why that 'arm of the sea' was named by Mr. McLane in giving the substance of the jiroposition of the British Government, and also why it was not introduced into the treaty. " Your remark as to the applicability of the general maxim of Vattel (quoted by me) to the United States, ratl'or than to the British Government, might have some force if the ju'opo- sition had not emanated from the latter. The language chosen to convey their intention could not be objected to by the former, unless it failed to express that intention clearly. That it was fully understood I have heretofore shown. " In recoo'iiisino; and admitting the fact that the various channels between the continent and Vancouver's Ishuid are directly or indirectly connected with the Straits of Fuca or Gulf of Georgia, I do not see any conflict with the claim I have made, that the boundary line should be traced tlironoon furnished with a copy of your instructions, I am unable to come to a satisfactory conclusion upon die subject withont calling upon you for the desired information. " I need hardly say that my instructions loft me entirely free to adopt that channel which should be found to correspond with the terms of the treaty and the intention of the treaty- makers. Having been furnished by your own Govermuent with a copy of my instructions, you could not fail to perceive that I was not restricted or confined to any p-irticular channel or channels. " With the highest resi)ect and consideration, I have the honour to subscribe myself your most obedient servant, " Archibald Cami'hell, " Commissioner on the part of the United States for " deteruuning the North-vest Tioiuulary Line." " CVptain James C. Trevost, K.N., " Briish Cominissitiner Noith-west Boundarv, S^c. &c. 'c' ) Captain Provost ivplied as follows :(^) — " Her I'ritaniiic i\lnjesty's Sldj) Safdli'/t; " Es(]uiiMault, V'iui(!on\ er's Ishnul, Dec. H, ISA?. *' Slit, — 1 have the honour to acknowledge tiie icccipt of vour letter of tlio '1th instant, which came to hand at L' I'.M. of this day. *^ 2. In reply to your request for certain information as to the ext(Mit of my powers as Jler Diilaunic jMaJcsty'. 'Commis- sioner I'or ilelermining the water boundary line uut'i'r the first article of tlio treaty between (ireat Ih'itain and the Unitetl States of June If), LSlti, I beg to furnish you with an extract from Ifer Majesty's Commission, dated tiie I'Sth l)ecend)er, IvS.^O, by which you will perceive that my powers ns Her (>) Amuricau Ulato I'aporu, p. 03. ,' >• *^-' 144 SAN JUAN WATER BOUNDARY. ,!■ ■ Majesty's First Commissioner for determining the aforesaid line of boundary are full and entire. Tliis commission was exhibited to you at our first official meeting, when our re- spective powers were exchanged and found to be in due form. " 3. My commission constitutes tne Her Majesty's ' First Commissioner for the purpose of surveying, ascertaining, and marking out, in conjunction with the Commissioner or Com- missioners appointed or to be ap])ointed by the President of the United States in that behalf, so much of the line of boundary hereinbefore described (referring to a quotation of the first article of the treaty) as is to be traced from the point wiiere the forty-ninth parallel of north latitude strikes the eastern siiore of the Gulf of Greorgia;' and it declares, ' we do hereby give to our said Commissioner full power and authority to do and pevform all acts, matters, and tilings which inai/ be necessary and proper for dull/ carrying into effect the ohject of this our cominission.^ " 4. You state that the whole tenor of my correspondence and the paper submitted by me at our last meeting has led you upon further reflection to apjn'ehend that I was governed by instructions which virtually, if not |)()sltively, prohibited mo from adopting the Canal de Ilaro as the boundary channel without reference to my own judgment thereupon. The fore- going extract from Her Majesty's Cotnmission will show you how erroneous such a supposition is. I mentioned at our last meeting that my instructions did point out a course I was to adopt in the event of disagreement. That instructions should be complete and should provide for all contingencies is no more tlian should be expected. I am directed, in the event of not being able to decide upon a channel upon which we (my colleague and I) may mutually agree, as the one through which the boundary line should run, to propose a reference of the matter to our respective Governments. " T). 1 hero beg again most emphatically to repeat what I respectfully conceive is sufficiently evidenced by my pre- vious correspondence, that, with the full and unfettered exer- I'lse of my own judgment, I cannot admit that the Canal de ■ ii' SAN JUAN VVATKR BOUNDARY. 145 Hiiro can be received as a cliaiiiiel wliicli intrinsically answers to the channel of the treaty, bnt that, on the contrary, it is my firm and most conseientions conviction, with the same unfettered exercise of judgment, that tlio channel called the Kosario Strait is the only one that does intrinsi<*ally answer to the channel described in the treaty, and that, therefore, the bounilary line should be carritvl through that channel, if the words of the treaty be strictly and literally adhered to. " 0. This being my firm convi(!tion, it is not likely that I could accede to your views th;it the boundary line should be carried through the Canal do Hiro, and as you remained firi!) in vour conviction that it should be carried throu'iy between the two disputed chan- nels. This proposition you refused to entertain. I, therefore, had no alternative left me but to propose a referonc(i of the whole matter to our rcs})cctivo Governments, w' 'i proposi- tion I brought forward at our last meeting. " 7. Having thus, I trust, satisfactorily shown yon that i liave been ham|)ered by no instructions which deprlird me in the i^l'ujldcKt oH\\Q full and entire exercise of my own judgment, I Iii'g you will allow me to subscribe myself, with the highest esteem and consideration, your most obedient and huml)le servant, " Jamks C. Pkkvost, " Iler Hritannic Majesty's First Commissioner tor " determining the bolbro-nientnniod Houndury Line. '' Archibalil Cam|)l)ell, Fisq., ''United States Connnissioner North-wost Doundary, &e." iVf. K T-' ■ I*- ,(, * 1 it ''' ,1 ;il •'i 140 ^AN ji;an' watku boundakv. Mr. OanipUoU rejoined in the following;; K'ttor •. (') — " Unitod States Nortli-wost lioiiudtiry Coiiiniission, " Fort Townshend, Decoinh-n- 12, 1H57. " SllJ, — I liave the lioiioui- to aoknnwiedo'e the receipt this day of your letter of the Hth iiistaiit, in reply to mine of the 4th instant. " I I'e^r^'t tliat, instead of an extract from your commission, you did not lurnish mo with a full co[)y of that instrument, as well as of oilier instructions by wliieh you were governed in tlie |)L'rformance of vour duty as .Joint Commissioner for carry- ing into oti'ect th;it part of the first article of the treaty whicih relates to the water boundary line between (he United States and the IJi'itish ])ossessiitns. As 1 am desirous of b"in<.!; placed upon an equal i'ooLiui;' with your.^elf as regards a full know- lodge of the instructions severally given to us by our respective Governments, L woidd respectfully request that yon transmit to me copies of all instructions which have had any bearing upon the course adopted by you in our olHcial intercourse ,is Connnissioner on the pari uf the Uritish Uowrnment for tli' determination of the liouii !ai-y line. " If you desire it, 1 w ill cheerl'ully I'uinish you with a copy of my commission. Yitu already have a c<>i)y of (dl ihe instructions I have received from my Uovernment for the performance of my duty as Commissioner on tho part of tliQ United States. '' With the highest respect and consideration, I have the honour to be, very respectfully, your most obedient servant, ** AiuinnAr,n Camprkll, dote <( r< Commissioner on the part of the IJniteil States for <( ([(•termining the North-west lioundary Line. (( Captain dames C. I'revost, 1{.X., " British C\)nnnisHioner North-west HoundarN', ^r. Si< .» (') Amoricau ^^llltt^ I'lipoiB, i>, !i4. ■ ■'■Hi SAN JUAN WATKR lU);;.M)Ain'. M' Tills was lb!!()\ved ])V' anotliu'r letter IV om M r. Ciim))l>(^ll t') (Japtain Provost, which was as rollows:!') '•• n lited States Nofth-west Bouinlarv Oominissioii, '' Fort Townshoml, L)ocoinl)or 1'), 1?<.37. " 8iu, — 111 onlor that you may bn fully int'onned as to the powers and instructions which have (governed ino in my action as Commissioner on the part of the Unitcjd fStati's to carry into ert'ect the first article of the treaty of .him' 15, 184<). I have concluded, without further delay, to furnish you with a (■oj)y of my commission, and have the honour to transmit the same nerewitu th With the hiiiiiest resin^-t and (-(jiisi l(MMtio)i. Iiive the honour to b e vour most obeilient servant, AlKJHIBALl) CaMI'IIEI.L «.' r< Commissioner on the part of the United States for a determiniiiix the North-west JJoiiiularv Li in " Captain James Prevost, R.N., " Jh'itish ('ommissidiicr, Xorth-west boundary Surviiv." '^Pho commission and iiistruetions referred to in this letter liave been already set out. It may be noticed that the iustructioiis are thus described :(-.) — " AFr. Campbell's instructions, so far as they relate to the determination of the Ijoundarv Line." I' It is to be inlenvd that the statement furnished by ^^r. Campbell to Captain Prevost is an extract from the documents addressed to him by his v , >vei'nmen(. Oaj)lain Pi'divost. in anmwer, wrote the lollowini^ letter, eiudosino- thennvith a eojiy of his commission, and a copy of his first hdter of instructions, which have bt'cn ^'iven above :(''j — (U Anu'rioim Stiiti> I'ajx'i'S, p. !).'>. ('» /.?.iii, p. OH. (') .\nh\ |.p. r.!t, (U. k 1 ■ ' V ,',m] . A" ¥-'■ '' I;: 118 SAN JUAN WATER BOUNDARY. p.. if !'■ " Her Britannic Majesty's Ship Satellite, Esquiniault, Vancouver's Island, December 22, 1857. (') " Sir, — I have the honour to acknowledge the receipt of your two letters, dated Fort Townshcnd, Deceinl)er 12th and December 15tli. '' 2. In reply to that of the former date, wherein 3-ou express your regret that I did not furnish you with a full copy of Her Majesty's commission, as well as of all other instructions by which I was governed in the performance of my duty as Joint Commissioner for carryit)g into effect that part of the first article of the treaty of 15th Juno, 1810, wliieh relates to the water boundary between the United States and the British [tossessions, I must be permitted to exi)ress my regret — if not my surprise — that the very full and direct reply I made on the 8th instant to the inquiries contained in your letter of the 4th instant did not convey to you the meaning which 1 can- didly, though most respectfully, conceive it ought to have done. Considering that at our first meeting our powers were mutually examined and found to be in due form and sufficient ; consider- ing that Her Miijesty's commisHi(jn was again placed in your hands, and again examined by you, when Captain Uichards was introduced to you as Her Majesty's second commissioner; and considering the stage at which avc had arrived in the duties assigned to us, 1 must say that when 1 received your letter of the 4th instant, it did appear to me to be somewhat out of order that you should, at this period, make a written aj)i)lica- tion to me as to tiio nature of my powers, and should attempt to cast a doubt u\)on their scope being equal to your own, so far as the water boundary may bo concerned. I, however, refrained from nudging any comment upon the act, but 1 readily and directly gave you the full infbrmiUion you asked for. In affording you that information I asserted, in the most straightforward and unmistakable manner, that 1 was governed by no instructions wliich wouM interfere with the full and entire exercise of my own judgment in the determination of the water boundary lino, as established by the treaty. 1 (') American Statu PuiJurs, p. 97. i/ig,s. aetinir. Would III ;■ ■■"I'^teJ »i,at f, to 1,^ ^^^ SAN JC,„ „„„„ BOCVDARV. 11!) ''"""Jaiy cl,a,„„..|, „„,. «„J °/''"-^' 'i° A,To b„;„,, „,^ f '""V .>'ou that r i,a,, „„; ^;;"""' y"» i".t to ,„„, „„ I ,„„,; » -"i-io ,uo.t,-„„ 1, t„ ^1 ;, ''! -"'■ "■"™' y"" -lio.. „„: ">f«-0"» tl.at I |,aa l..e„ ', ' ^""/"^'■'^ "'"■'■-"' u. your Majesty, c,„n,„i.«i„„, wl,icl, >"„,■"" ''•''"•""■■' *■'••"" I«'- ;:•'"'' """» «"von,:.i ..;':;:*::;'''''"•,''.'''' ™"'---o';.7 "«- .S,.d, b,„-,„ I .Is ; ; ', V""7 "f ".y l-ocecl- :" "'« >;''!• .-...stunt, fo,. i a , , ' 7 ' ''"7'™-' >■"..'■ lotted "« a" ".i» ov,Me„«. a„.l J , .^ ^ """ ""'".'l.^'a,,,!- y-" -<'..U still e,„loav,„„. ,,:':'''''"=' ""-■- -„ra,K.„,, -"..S, to ,av tl,o lc,,,t, in , ; ° '.'''" ^ '-« .-t l-o., ™...« vviti, y„„. u,„|'^,,, ;, ^ "2"''^' ... ...... om..ial into,- -'.-0.V0 tl,at, Lavino. ,. ,1 „, ?';'''-'-- ' .■»,,.ct,„llv »'.->..W 1.0 conMuitu-n. ,,„,,,"''''' " "'""'-al -„,.»„, and 1 7"- «..-tl.e.- into tl,o',,„, : :" ,7'" -'• "--o 1 to .looline to ;'^'"''"»" y...... ...i.U of an'. , ,;„ ' ■'' ' ■■"" '''ally closi,,,n. to . . IT'i ' ■■.? ■' ^ 1 .t :, ,. 'tc. B^: ^ 1 50 SAN JUAN WATKR BOUNDARY. ,,V ,'. »i"i, *■ ■• ; ' . . .;» »' ■-•• < ,-, » , .» il' r- N <'-■ *!■ T i '/' '' .1' :■•'■' «:'i' ■''Mi: v< ■ >•■'■ ti;" ^ • ^ Ji! m ^ I; JIM. ? Ml! *. ■ t »^.' ' ... vou with any documents or information tliat yon can in reason (iosire, I am, for the once, content to waive the forcijoino; con- sideration.'^, and I therefore enclose to you herewith a lull copy of Her Majesty's commirision, constitutinc; me her first commis- sioner for aseertaiiiin<2; the line of houndary as before described ; and also a copy of tlio instructions wliich immech'ately rehtte to my duties a.s commissioner, and which are simihu* in tlieir cliaracter to those finiiislied me as being tlie instructions issued to you by your Government. I liave other instructions, it is true, all more or less connected with the special duties upon which I am employed, both as Her ]\Injesty's commis- sioner and aa captain of one of Her Majesty's ships; but as these instructions neither all'ect Her !M!ljesty'^ commission, nor have iiny l)earing upon the course 1 have pursued with reii'ard to the boundary chnnnel, vou can hardlv with I'eiison require or exjject that I should place them in your hands as I'nited (States Commissioner. '• .'5. After the positive assurances I have already ^iven you, and have again conveyed to you in this letter, that I have been ])erlectly free and unlettered in my course of action, I thiidi you cannot fail to be satisfied that I have not been governed by prohibitoiy instructions as to the adojjtion of the Canal de Arro as the boundary channel; but that, by Her Maj(\sty's conujiission, 1 am fully empowered to adopt the channel which shall carry the boundary line, as described in (lie Hi\st article of the Ireiity, without even the restriction which you mention as irovernin<^ you — viz., that the said (•hiuuirl shall idso correspond to the ' Inh nl'mii a/' the treatij- vidkers.' It wouKl tht-refoiv seem that I am less confined in the ado])tion of a boundary channel than you are, for I am at liberty to determine a channel from the tvcatij its SAN JUAN WATER HOUNnAllY. 151 be found in the treaty, and which, therefore, cannot be con- sidered as forming part of tiie treaty ; and you iiave since asserted that you are wining to let the question ' rest eii- ihely' upon such evidence ; therefore, if your claim is to rest ' eidireh/ ' uj)on evidence, apart froDi the treaty^ it evidently cannot iu any way rest vpnn the trealii. Under such circum- stances there can be but little (h)ul)t as to which is the sounder claim of the two, if the treaty itself, and the commissions under which we profess to act, be of any value. " 4. Iu reply to your letter of the loth instant 1 regret you should have takeu the trouble to furnish me with a copy of your commission as United States Counnissioner, for I had not attempted to cast any doubt upon your ca|)ability of join- ing with me in the demarcation of the water boundary line under the aforesaid treaty. 1 was satislied, at tlio comnienec- mcnt of our proceedings, that, under your commission, you were sufhciently empowefe(l to act, and therefore I had no desire, at the present time, to receive any renewal of the proof thereof. *' Taking this opportunity of assuring you of my con- sideration and respect, I beg you will allow me to subscriht.' myself your most obedient and hunilile servant, " JA:\n;s C. ria;vosT, " Captain ILH.^I. Ship Siihlllfr and H.M. First Commissioner "for determining the Line of Uoiuidary, as before described. '•Archibald Campbell, Esq, " United States C\)nnnissi()ner for the North-west Boundarv." ?•. : ►,■'. I: f '. • -; 'ti ■' r .* a-":- . 'ikt: V '' •^•^ ■♦ •■ ■m :' • • •^'•J'.* V- i-^?^ §'-■ ,;'**«V-' '•j'jJ *-m u ■}i^i .*'. «f'H .-i' *■ ■ >rVjv 'h '• '\ .■ v»' ■ ■ ;'^' ■ ^^. -' .'.' 1 . -^^: i-:«r;; :f..,:.'..<.> •-h*t ,if'^:' /iS.i' t ;vt; M Mr. Campl)tdl replied as fdllows :(') — <• Washington City, D.C, April 14, IHoH. " Slli, — Your letter of the 22nd December (enclosing a copy of your commission and original in^tructioi\s), inMrcssei! to mo at Fort Townshend, Washington Territoiy, reiehe I uic at this place on the 1st iiltimo. " In reply thereto, I have the honoiu* respectfully to state (') American State rapois, p. 100. 15.2 SAN JUAN AVATKIl BOUNDARY. (■■• ; *•■; \: *•: I/! ill'' '?. • Pv ;;.l that, (luring our discussions in rehition to the detenninaticm of ' tlie cliannel ' separating the continent from Van(!ouver's Island, I thought I perceived that your mind was subject to dlHiculties not inherent in the question ; and this impression was streno;thened when you informed me that you had in- structions for your guidance, in the event of our disagreen\ent, which, according to my recollection, wore not embodied in those you exliibited to me at our first meeting. " I knew your commission gave you am])le powers to bind your Grovernment ; but there miglit be conditions in your instructions which would prevent you, under certain circum- stances, from exercising those powers to their full extent. And it occurred to me that, unless I could be informed of all the difficulties in the way of an agreement between us, I should labour under groat disadvantage in laying the matter before mv Government for its iurther action. " Under these impressions I made the inquiries contained in my letter of the 4th of December, and subsequently re- (pxcsted copies of your instructions. It would, perhaps, as you suggest, have been more regular to have made the request at an earlier period. But I do not know that either party could, of right, demand copies of the instructions given to the other by his Government. Nevertheless, as the British Ambassador at Washington liad requested and [)romptly received, from the State Department, and you had been furnished by hiiu with, a copy of the instructions given by my Government to me, I think that when I felt it necessary, even at that late period, to a]iply to you for a copy of your instructions, the request should not have been considered unreasonable. " It is unnecessary to o1)servo that the copy yon furnish is not a compliance with my retpiost, as it is not the document containing the directions cited by you, and which have been referred to as those likely to have embarrassed our proceedings. " In conclusion, permit mo to say I think you have mis- apprehended the object of my recpiest for co})ies of your instructions. I did not by that request intend to convey the SAN JUAN WATER BOUNDARY. 15;^ idea that you had not acted in accordance with your own iudiTuient. I regret, therefore, that you should liave felt it necessary to repeat the assurances made in yoiu' letter of the 8th of December, which, if any were required, I need hardly say, would have been quite sufficient to disubuso me of auy doul)t I might have entertained on the subject. " With the highest esteem, I have the honour to be, very respectfully, your most obedient servant, " Archibald Campbeix, " Commissioner on the part of ihe United States for " determining the North-west Boundary Line. " Captain James C Prevost, II.N., " British Commissioner, &c. &c. &c." The corrospouclcnce on tliis head closed with a formal letter of ackuowledi»-nieiit from Captain Prevost. (^) The seventh meeting of the Joint Commission was lield at the olfice of the United States Boundary Commission, on the 1 Gth August, I fSoS, and the follow- ing minute was taken of the proceedings thereat :(") — "Present, Archibald Campb.ll, Esq., Commissioner on the part of the United States, &c. ; Lieutenant John (1. Parko, Topographical Engineers, Chief Astronomer and Surveyor on the part of tlie United States ; William J. Warren, Secretary L nited States Commission ; Captain James C. Prevost, lloyal Navy, TLm" jNIajesty's First Connnissioncr, &c. ; Captain (.Je()rg(> Henry Richards, lloyal Navy, llor Majesty's Second Connuis- sioner, &c. ; WilHam A. C. Young, Secretary Biiti^ii Com- mission. " Mr. Campbell stated to Capliin Prevost that his object in calling the present meeting was conveyed in his hotter of the Itth instant, and the enclosed report of Mr. Parke, is follows : — 1. (') American SLuto rapoM, p. 101. (') lih- n, p. Ho. MP 154 SAN JUAN WATKR HOUNDARY. ;>; , ; » :.; • '\-~,' i" ■■ ■», h . M- " ' United States Boundary Commission, " ' Camp Sirniahmoo, August 14, 1858. " ' Sir, — I have the honour to enclose herewith tiie copy of n conmuuiication from Lieutenant I'aike, the Chief Astronomer and Surveyor of tlie United States Boundary Commission, and for the pur[)ose of carryinjr out the objects therein specified by him, I propose that a fidl uieetiiitr of tiic Joint Commission be lu'ld at this place to fix definitely the ])oints of the boundary lino therein referred to, and to make die neces-ary arrange- ments for erecting suitable monuments to mark their position. " ' With lii;zh esteem, I have the honour to be, very res[)ect- fully, your obedient servant, " 'Archibald Camprell, " ' United States Commissioner. " ' Captain James C. Prevost, " 'British Commissioner ll.M. Sah'UUe, Simiahmoo Bav.' IV. :-i *i. " ' United States Boundary Commission, " ' Camp Simiahmoo, August 14, 1858. " ' Sir, — T have the honour respectfully to report that I l;ave determined, bv astronomical observations and survev, so much of the forty-ninth parallel of north latitude as is embraced between the eastern shore of the Gulf of (ieorgia, on Boint Ivoberts, and the eastern shore line of Simiahmoo Bay. These points of the parallel have boon marked by stakes or posts, and 1 wotdd respectfully reconnaen I tliat a meeting of the Joint Conmiission be had for the purpose of ratitying and confirming their determination, and taking the necessary steps towards the erection of proper monuments for permanently marking and defining the line. The points marked are as follows : — " ' 1. AVhere the parallel crosses the western face of Point Boberts. " ' 2. Where it crosses the eastern fixce of Point Roberts : and, '' ' '■!. Where it enters the timber on the eastern shore of Simiahmoo Bay. SAN JUAN WATKR BOUNDARY. 155 " ' It may be well to arkl that these marks are all temporary ill tlieir character, and sliould therefore be speedily replaced by pennaiieiit solid structures. " ' I have the honour to be. very respectfully, your obedient servant, "'Jxo. Cr. Parke, " ' Lieut. Corps Topographical Enifiiieers, Chief " ' Astronomer and Surveyor. " ' Archibald Campbell, Esq., " ' United States Commissioner, kc. kc' " Captain Richards havinj^ signified his acceptance of the points as determined by Mr. Parke, Captain Prevo^t exp '?sed his readiness to adopt them, and erect monuments tlieie.it. " Mr. Campbell thereupon proposed that the first of these points referred to by Mr. Parke be suitably marked by the most consi)icuous monument, it l)eing the initial [)oint of the forty-ninth parallel on tlie continent, and being the point where the forty-nintli parallel strikes the eastern shore of ' the channel which separates the continent from Vancouver's Island.' " Ca[)tain Prevost stated in reply, that he di^clined entering into .my discussion as to which was or was not the initial piniit, but he was prepared simply to agree to the points already dotennined l)y the astronomers, as points on the line ol boundary. " Mr. Campbell ol)jected to any (loterininiition of t!i^ p'lints in question, without the one on the western fice of i*oint Roberts being established as the initial point of the forty ninth parallel on the continent. " Commissioners then agreed to adjourn. " Aiu;iiii;.\i.i) (,'A.Mi'iii:i.i,. '• James C. Prkvost.'' " V Subsequently Mr. Campbell wrote to ]Mr. Cass, us (()llo\VS : ■PT 156 SAN JUAN WATER IJOUNDARY. U' • Vi. Ui'^''- «'. < *' United States North-west Boundary Commission, "Camp Simiahmoo, 4*Jth parallel, Se[)teniber 2oth, 185H.(') " Si^, — In compliance with my instructions to keep the de- partment from time to time advised of the progress of the work entrusted to my charge, I have the lionour to report, &c. * * " The determination of the forty-ninth parallel being a purely scientific operation, it is not probal)lo, in the survey of the land boundary, that any question can arise l)etween the com- missioners that will cause serious interruption or delay in the demarcation of the line. "In reference to the water boundary, however, which depends maiidy upon the interpretation of the language of the treaty (icfining it, I had the honour, on the 10th of February last, to inform you that a question had arisen between Captain Prevost and myself as to the * channel' ihrough which the boundary line is to be traced ; and to lay before you a copy of a correspondence and proceedings, setting foi'th oiu' respective viewd on the subject, and the result of our disagreement. Sii'ce that time no further progress has been made in the set- tlement of this (pu>stiou. ^Meantime the minute survey of the ehannels and island-; betwe(?n the continent and Vancouver's Island is progressing. On the part of the United States Com- mission, the hydrographie work is carried on by Commander Alden, United .States Navy, in charge of the Coast Survey steamer Active^ and the triangulalion and survey of the shore line l>y Mr. Lawson, assistant of the Const Siu'vey, in charge of the brig .lh/i)ith-rof/. On the p;a't of the IMiish Com- nussion, the work is prosecuted by ("ai)t;>iu lliclinrds, Second Commissioner and Surveyor, in command of Her Majesty's surveying steamer Plnrniicr, "The settlement of tiie question of the 'channel' involves the sovereignty of the group of islands calu'd the Ilaro Archi- pelago, 1 'tween the Canal do ILuo and llosario Straits, embraceil in a space of about 100 s(|\iare miles. The recent emigration to this rcv'ion has alfraeted ci>iisiiler;il)le nttention to thin beautiful and picturesque grouj) of islands, and unich (') Auioriotui Sliito J'apors, p. 61. ^^::%';. SAN JUAN WATER BOUNDARY. 15 jircater interest tlian heretofore is now manifested in the settle- nuMit of the boundary question. Tiie uncertainty in regard to their sovereignty prevents tiieni from being occupied by American settlers. The hirgest and most vahuible of these ishmds an; San Juan, Orcas, and Lopez, and upon each of them there is a large portion of land suitable for a ricultural and grazing purposes. It is in a military and naval point of view, however, that their iniportiuiee is to be mainly regarded." The letter then referred tu ;uk1 quoted vlie report of GeiuM-al Persifer A. Smith, an extract from whicli has l>eeu alrea.ly ([U()ted:(') — "In 18;").') (Japtain (Jeorge Stoneman, of the Dragoons, and Lieutenant \V. J I. ('. Whiting, of the Corps of Engineers, by order of Genera! Wool, then commanding the Department of the Pacific, made a military examination of this i)art of the north-west coast, and in their rej)ort they express their opinion in relation to the value of these islands, as a means ot defend- ing the apprnaches to our territories and the inland waters, as follows : — "'.lietween the (Julf of Georgia and the Straits of Fuca an^ two great channels, the Straits of Ilaro on the vvest and of Kosario on the east, separated by the Archi[)elago, a group of smull islands, forming a very important feature of die sound. The title to these is in dispute between the English and Ann'riean GovernnuMits. There can, however, be no reasonable doubt as to the validity of om* claim. The natural and direct ship chaimel, the treaty boundary, is the Straits of Ilaro. No vessel bound lor the (iulf of Georgia would take the longer, narrower, and more uitricite [>as.-.age of Ilosario tStraits. In (considering the subject of the defence of the sound, these i.->laiuls are important, and w»> shall again l)rielly recur to thorn. *♦«*** " * It is easily seen from (he maps of our wealeru coast that the sound and the straits are the only uvuilublo point ■ ^■'il 0) AnU; p. -M. ■ii-:i :■ V-:' it:; • h/u l:i'^r.^ U 1 1 . ; ir)S S\N .)! AX WATl'R BOUNDARY which can afford an enemy the point fVappni for an attack on San Francisco, oi' retnge, woorl, water, coal, provisions, timber, and s{);"rs, for a bhn'.kade of our coast. Possessing this, an enemy has every advantage, either for ()rom[)t attack, or for continned action. 'J^he strong north-west winds which prevail with the regnlnrity of the trades for the greater {)art of the year make the passage of sailing ships from six to ten days, while steamers may do it in four. Vancouver's Ishmd is naturally the key to this position, and it is greatly to ht' regretted that it does not belong to us. There are, linweccr, other points wliidt mnij bi improved to be nearlij as f-JJeetin . Of these may l)e nuMitioued I'ort Discovery and Secpiin Bay, oi)posito lo the sou! hern end of N'ancouver; (dkI also t'lr Arch/pi /iii/ii, 'fhis group consists of the islands of San rl nan, Lopez, Orcas, and VValdron the largest, besides several others not yet named. They are so situated that tliey form an admirable land-locked harbour of ani{)le size, accessible by six narrow entrances in any wind and weather, and capable of being def(Mided almost by sni.ill arms. As a naval station, secured l)y batt(>ries, this po.^itiou commands all tlu' interior waters and the ajjproaeh to the lerritorie-.' " A further evidence of the importance to be attached to the sovereignty of these inlands will be found in the steadiness of purpose with which the Dritish (iovernmeut, from the ratifi- cation of the treaty to the present time, havi> endeavoured to secure! and retain possession of them. Jt is triie that in their connnunicalions to our (iovernmeut, when endeavouring to procure the adoption of Kosario Straits as the boundary chan- nel, they liiive designated them as ' islets of little or no value,' yet, at the same time, (iovernor Douglas had ' received th(f orch'rs of Her Majesty's Ministers to treat these islands us part of the British dominions.' '' By a reference to my report of the 10th of February last, it will be seen that after a full discussion U[)on tlu> relative claims of the (^an.'il de llaroar.d Uosario Straits to bj considered a-i ' the chamn»l wh'cli se[>arates the continent froni Vancouver's Island," Captain i'revo.Nt (inally proposi'd, by way of eompronii-e. SAN .irW WATI'.Ii IJorNDM'vV. ]r,<> •l-^i to rim the boundary lino tlirouoh ono of tin' cliiinnt'ls bt^tweon the Ciinal do Iluru and llosiirio Straits, dividinriti'h (jovernment consider the evidence brought to light, showing the intentions of the two Covernnunils in relation to the meaning of the L.ngnage of the treaty delin- ing the boundary line between the continent and Vancouver's Island, it is but fair to ])resume they will direct their connnis- sionor to adojit the Canal de Jlaroasthe boundary channel ; and in consideration of the inijiortanee of a speedy settlement of the (pu\sfion, it is to be hoped that they will take early action on the subject. 'J'here is no part of the boundary between the two countries, from the Paeilic Ocean to the liocky !Mounlains, whi>re a demarcation of the lino is more to be de>ired. " 1 have the honour to bo, very resi)ect fully, your obedient servant, " ARC11II!AI,I» CAMPIlKMi, "Commissioner North-west IJoundarv Survev."' .4;; Yy> 'f r '%Si '- l'^. .Wt This wiis iollowod l)y aiU)ib(M' (Voni tlio same io the suine, (lali'd " (.\mi]) Siininbnion, Dec. j, j'^riS," ;ui(i eiielosiiii;' the coj))' of a letter iVoin the lloti. (reoro'e liaiicntrt, in fej)ly to iiKjiiii'ies as to (lie intcr- prcfutioii wiiieli was phieed U|»nn the iirst avdele ol" the treaty i>l' ls|(», in t^hire, which never can amount to a claim, should not be listened to for a moment. " While I was in England no minister was preposterous enough to lend the authority of the British (jJovernment to the cupidity of the Hudson's Bay Cf)ni[)any in this particular. I think you must find in the Dejiavtmcnt of State a copy of a very short letter of mine to Lord i*alnierston, encl(>sing him a chart of those waters as drawn by our own Coast Survey. (*) 1 think in that letter I mentioned the centre of the Straits of Haro ns the boundary. That chart would show by the depths of the soundings that the Straits of Ilaro are the channel in- tended in the treaty, even if there had not been a distinct understanding on the j)art of the British (lovernment, as well as the Anu'rican, at the time of tlu> signing of the treaty. Lord ralinerston, in his reply acknowledging the receipt of the chart, made no pretence of adopting the wishes of the Hudson's Bay Company, and ho never did so, oven in conversation. I never had occasion in England to uuike any peremptory stale- (') Anici'iciiii Stiito I'lipers, p. O'J. (••') Wilkos'H olmrt. SAN JUAN WATER BOUNDARY, 101 inont on the ritish Government ever took issue with me. In riumini; the line through the centre of the Straits of Ilaro, there may be one or two small islands about which a question might be raised, but as to the important group that the Hudson's Bay Company covet, the demand, if made, should be met at the outset as one too ))reposterous to be entertained as a question. " Vours sincerely, "Ceoucr Bancroft. " Archibald ( *ampbell, Esq., Commissioner, &c." " Corres|iondence referred to by Mr Bancroft will be found accompanying Mr. Campbell's letter, January 20, 1850." On the Istof Dt!Coml)or, L'^.'iS, Mr. Ciimpbell wnjto to Mr. Cass, United States Secretary of State, and communicated to him the inferences wliich lie (Mr. Cami)bell) liad drawn (rom the tenacity with which (^iptain J'revost held to the opinions which he had formed on first ai)proacliin^' the consideration of the bonndary ([iiestion.(') ;Mr. Cass therenpon wrote, on the 17th Janiiiny, IS.-)!), to JMr. Dallas, United States Minister at the Court of St. James, recpiestimj^ hnn to obtain ;i copy (»f the instructions which hiid been given to Caplain I'n'vost hy Her ^Majesty's ( u»vernmeiit. (■) Loi'd Midnu'shurv w;is then at ilu- F(»i'('iL;'n Oilice, and on heinn* applicl to he inuiicdialt'ly forwarded lo Ml'. I >;ilhis copies rcspcM-iixcK- df Ihe cMininission and (M Anici'irun Stiilc I'apii'H, p. !iJ. (•-') M.'iii. p. 1(12; Mr. ("iisH loMr. l>;illii.-<. ■!:•■ t'ji . ■ \ I !' ,(.■-'. ' f 1; 1' • ■ ' *.•■ 'If. i^:- 1 ' • ' ;i'i li 162 SAN JUAN WATER BOUNDARY. instructions, and further instructions wliicli had been furnished to Captain Prevost, and which have been ah-eady above set out. (') On the 20tli January, IS.")!), Mr. Campbell wrote as follows to Mr. Cass :(~) — " Cainp Siniialinioo, January 20, 1859. "Sir, — I have the honour to r-Mpiest tliat the accompany- ing copy of a correspondence of xtlr. Boyd, Charge d'Ati'aires ad interim, and Mr. Bancroft, Minister to London, with the Department of 8tate, be filed with the papers I have already transmitted to the department in rehition to tiie water boundary. " In connection with the various documents I have hereto- fore laid before you on the same subject, they expose the cautious and steady policy witii which the Uritisii Government have been advancuig, step by step, in their pretensions to the group of islands east of the Canal de Haro, in violation of the letter and spirit of tlie treaty of 1846, from its ratification to the present time. " Mr. Bancroft's connection witli Mr. Polk's adminis- tration, during the negotiation and ratification of the treaty, gave him the best means of knowing with certainty the views of the contracting powers, and particularly those of his own Government, in regard to the boundary lino agreed upon between the United States and British possessions ; and from his position as head of the Navy l)e|)artn)ent, he took par- ticular interest in the water boundary, as is shown l)y liis causing to be prepared, in advance of its publication, a tracing of Captain Wilkes's chart of the s[)ace between the continctit and Vancouver's Island, with soundings, showing the Canal de Ilaro to be the nearest channel to Vancouver's Island, as well as the main channel. ILis position at London as United States Minister, almost innnediately after the ratification of the treaty, gave him good opportunity of ascertaining the views of the British Government in regard to the boundary eiumnel at that early day. Until October, l-S-18, lie ajjpears to have (') Aiiuu'iciin Willie Pjiixts, p. in:j; l,v\\\ Maliiioabury to Mr. Diilliis. SAN .ILAN WATKU UOUNDAHY. 1G3 been under the impression tliat the Hudson's P>;iy ronipany alone coveted the possession of the vahiable yroup of ishuids east of the Canal de llaro, and that the Biitis'i Ministry did not favour their pretensions. His intercourse and correspond- ence witli Lord Palniorston on the subject naturally led hin\ to that conclusion, lie openly declared, both verbally and by letter, the Canal de Ilaro to be the treaty ' channel,' without any objection or denial on the part of Lord Paluierston, who, on the contrary, although studiously avoiding the nuMition of the Canal de Ilaro by name, virtually admits it when lie says the soimdbifjs will be of great srrnr.i; to the commissioners in determining where the boundary line (nujhl to run. " By instructions from Lord Palmerston, Mr. Crampton, in his letter to Mr. Buchanan of January IS, ISIS, proposed to the LTnited States to ap[)oint a joint connnission for the piu'pose of nuirking out the water boundary; the couimis- sioners to be sent out with joint instructions to carr) the line down the channel throunh which Vancouver sailed (now called Rosario Straits), on the pretence that it was the only channel that hith(>rto had been surveyed and used, and that it was therefore natural to suppose that the negotiators of tlu; Oregon treaty in employing the word ' channel ' had that par- ticular channel in view. To this coimnunication no answer from Mr. Buchanan is found on the records of the department. But ]\Ir. Crampton's letter to Mr. Marcy dated February 0, 185(5, pur[)orts to give th(» re|)ly of Mr. Buchanan to this j)roi)osition, without indicating, however, wlu>(her it was written or verbal. ^Ir. Buchanan is re[)resented as ' entirely concur- ring in the exi)ediency of losing no time in determining that portion of the boundary line; [he] nevertheless felt some objection to adopting the cluHuud marked by \ ancouver as the 'ehaimel' designated by the treaty, in the absence of more accurati' geographical information ; and he sugL;est(>(l that the joii\t commissioners, when ap[)oiiite(l, should l)e in the first place instructed to siu'vcy the re.uion in ([uestion for the i)ur[)0se of ascertaining whether the clianiiel marked by A'ancouver, or some other chaimel, as yet unexplored, between the numerous islands of the (lulf of Georgia, should be adopted "■ ■ '■■'" :-l:i -. ■ ^'• ' •'■■ . > - ■ ■V, : .c-i i>.-^;; y. 'W-J:- • ** 4-' f- '1*: ' t'fv -Hi. • m ::^l, .n ' ':*. ■jf^:. 15 ■■ ..I,,,;, 9' %'-M r% %■■'■ V;^^* '"It ''^i:\ 'AjSt w '• *f ' ',, ■ - ,..V^>I^■ l<^l 'v.* ." ^'>;v im ■'M ,lvt- .A m I'' I ■:.'■ ■h ■ p.' . it".*'' ' |5- 1 Kl^t 1G4 SAN JUAN WATER 'BOUNDAllV. as the channel designated by the treaty, or, in other words, should be found to be ^tlle main channel, through the niiildlo of wliich, according to tl;e general')/ admitted }ir{iiciji/e, the boundary line siiould be nui.' " ' To this suggestion,' Mr. Craniptonadd«. ' Her Majesty's Government, in the hope that irninediate measures would be taken by the Governmeut of the United States to name com- missioners to proceed to the spot with those ah-eady designated by the British Goverinnent, made no objection.' And this statement seems to be confirmed by the note of Lord Pal- merston to Mr. Bancroft acknowledging the recei[)t of Captain Wilkes's charts, in which he says : ' The information as to soundings contained in these charts will, no doubt, be of great service to the conunissioners who are to be appointed under the treaty of the 15th of June, 1846, by assisting them in determining tvhere the line of boundary described in the first article of that treaty onrjht to be run.' This note was written after Lord Palmorston had learned from Mr. Crampton that Mr. Buciianan wouUl not consent to adopt V^ancouver's Ghannel, but had suggested that further surveys be nuide and the main channel adoptecL " Diu'ing njy discussion with Captain Prevost I had no special knowledge of Mr. Buchanan's views in regard to the water boundary any further than was to be gathered from his correspondence with Mr. McLane, pubhshed with the executive proceedings of the Senate after the injunction of secrecy was ronoved. From that 1 took the ground that Mr. Buchanan hitended the Canal de Haro as ' the channel' through which the boundary hue was to run, and that Mr. Pakenham must liave had the same meaning when tliev concluded and signed the treaty. It was not until after I had reached Washington last winter tiiat I obtained a copy of the Senate document containing Mr. Crampton's letter, from which the foregoing extracts are made. 1 transmitted a copy of it to the depart- ment with my re[)ort of tiie 10th February, and called atten- tion to Mr. Crampton's letter. " Lord Napier subsequently showod me a despatch from ^L•. Crampton to Lord Palmerston, inf«)rming him that, in tlie ti^ m NC- SA'S JUAN WATER IJOUNDARY 1() ).) accordance with instructions, lie had read to I^Ir. Buchanan, or communicated to iiim, tho substance of the despatch ho had received from his lordsiiip, and minutely relating the con- versation which ensued. Jt is substantially the same as that recorded in the letter to Mr. Marcy, tiiough in regard to tha main channel it is rather more emphatic. Mr. Buchanan is here represented as saying he thought the main channel, no matter where it should be found, was the one intended by the treaty. And, I think, it is also added that he said he had not given the s-ubject much reflection, but was in favour of leaving the determination of the main channel to commissioners. lie also requested Mr. Crampton to embody in a letter to him the views of the Secretary of State for Foreign Affairs. Mr. Crampton informs Lord Palmerston that he has embodied his instructions in a communication to Mr. Buchanan, and hopes his lordship will not disapprove of what he has done. " After I had submitted my report of the j)roceedings of tlie Joint Commission to the department, I was furnished with a copy of Mr. Buchanan's letter to I.Ir. Bancroft, dated De- cember 28, 184(5, in reply to one from Mr. Bancroft stating that it had been intimated to him that a question might arise in regard to the islands cast of tiie Canal de Ilaro, and requesting authority to meet any such claim at the threshold, by the assertion of the Canal de Ilaro as the channel intended by the treaty. Mr. Buchanan here distinctly chmns the Canal de ITaro as the treaty channel, and (juotes Mr. McLane's letter of the 18th of May to show that such also was the intention of Lord Aberdeen in making the proposition to the United States for a settlement of the Oregon (pieMion. lie, at the same time, in compliance with Mr. Bancroft's ivcpiest, transmits the traced copy of Wilkes's chart of the Canal de Ilaro, which Mr. Bancroft left in the Navy De[)artnient. \n doing so, he says : ' This will enable you to act understand- ingly ui)on any question which may hereafter arise between the two Governinents in re&i)ect to the sovereignty 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 m- H.J ^1' u ^y^v' ■ IOC) SAN JUAN WATER BOUNDARY. U' h:' ■■>» Majesty's GoveruTneut, to any island lying to tiie eastward of the Canal de Ilaro, as marked on 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 conver- sation with Mr. McLane, about the middle of May last, on the subject of the resumption of the negotiation for an amicable settlement of the Oregon (juestion, his lordship explained the character of the proposition he intended to submit through Mr. Pakenham.' " It would appear from the tenor of Mr. Buchanan's reference to the tracing of Captain Wilkes's chart of the Canal do Ilaro, that he was aware that it was the main cJtnnnel in that particular part of the space between the continent and Vancouver's Island south of the forty-ninth parallel, where several channels are represented on the maps, as well as the particular channel understood between Mr. McLane and Lord Aberdeen, as carrying out the object of both Governments in deflecting from the forty-ninth parallel, viz. : to give the whole of Vancouver's Island to Great Britain. In conversing with Mr. Crampton on the subject, a year subsequently, with- out reference to maps or documents, and without giving the subject particular consideration, Mr. Buchanan nuiy simi)ly have remembered the fact that the Canal de Haro was the main channel, without recalling its name. Practically it can mal.o no tliiference whether the main channel be adopted as ' (lie channel ' intended by the treaty upon the ' generally admitted principle ' recognised by Mr. Cranipton, and assented to by Her Majesty's Government in 1848, or whether the Canal de Haro be adopted on the proof of cotemporaueous evidence that it was proposed by the British Government, and in good faith accepted by the United States as the boundary cha. nel. In either case the Canal de Haro would be the boundary channel. In advocating it with Ca[)tain Prevost, I did not condne myself singly to either of these sudicient grounds, but maintained both with others equally forcible and tenable. " Under the mere letter of the treaty, without any know- edge of, or reference to, the motives which induced the adoption of the water boundary, ' the channel which separates SAX JUAN WATER BOirVDAUV. 107 the coiitinont from Vancouver's Island' may fairly be con- strued as follows : — "1. As ' ///e channel ;' that is, the viain chnuiel, if tliere be more than one. And this is the view taken by nautical men generally, inch ding officers of our navy, whom I have consulted \ reference to the language of the treaty. " 2. The channel nearest to Vancouver^ s Island, without regard to its size, so that it is navigable ; the proviso to the first article requiring that the navigation of said channel shall be free and open to both parties. If it had been intended to mean any other channel than that nearest Vancouver's Island, that island need not to have been mentioned at all, or if referred to, ' the channel which separates the continent from the archipelago east of Vancouver's Island,' or ' the channel nearest the continent,' would have been the proper descri[)tion of the channel now claimed by the British Commissioner under ' the peculiarly precise and clear ' language of the treaty. " 3. Upon the international ground that islands are natural appendages to the continent, and that, unless otherwise agreed, all the islands between the continent and Vancouver Island east of the nearest navigable channel to Vancouver's Island pertain to the continent. " The Canal de Ilaro would be the channel under either of the above legitimate readings of the treaty. " But leaving the mere letter of the treaty, and referring to the history of the negotiation to ascertain the cause which prevented tiic United States and the British Government from agreeing upon the prolongation of the forty-ninth parallel to the ocean, it will be fouiul that the southern end of A^ancouver's Island was alone the stumbling-block. The British (jovern- ment refused to concede it to the United States, four-fifths of the island being north of the forty-ninth parallel; and the southern end, with its harbours, being the mo-t valual)le portion. The United States, considering the disadvantages of a divided jurisdiction of the island, and the probabilities of dilHculties 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 f •' »• *• jr;- It" pi 108 SAX JUAN WATER BOUNDARY. a second compromise line. Divested of all (juihblos, the meaning of the treaty is that the forty-ninth parallel 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 boinidary to Vancouver'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 portion would fall by the prolongation of the parallel to the ocean. " During my recent visit to Washington, Lord Napier expressed a desire to converse with me in regard to the points of ditference between the British Commissioner and myself upon the question of the water boundary. In compliance with his wishes several interviews took place between us, in which the facts and arguments on both sides of the question were fully discussed. Lord Napier conceded that he could not attach any inq)ortance to Captain Prevost's agreement in favour of Uosario Straits, based u})on his interpretation of the word 'southerly,' and upon what he designates 'the very peculiar wording ' of the treaty, ' though,' he added, ' the Earl of Clarendon does seem to attach some importance to it.' lie also acknowledged that there was much force in the argument in favour of the Canal de Haro ; that the sole object of the deviation from the forty-ninth parallel was to avoid dividing the sovereignty of Vancouver's Island and to give the whole of it to Great Britain ; and agreed that if the forty-ninth parallel had intersected Vancouver's Island so as to throw the greater portion of it on the American side, the line would in all probability have been turned ' northerly ' instead of ' southerly ' to the Pacilic Ocean ; but nevertheK>ss was unwilling to admit that Mr. McLane's report of his conference with Lord Aberdeen was definitive proof that the Canal de Ilaro is the boundary channel which was^ ictually intended by his Govern- ment in the proposition they submitted to the United States. The language of the treaty in regard to the particular 'channel' through whicli the boundary line io to run, he argued, might be considered as at least indeliiiite. Captain Prevost, on the ■BM SAN J TAX WATKU norNDARY, 1()9 contrary, maintiiiiis tliclaiiifiiage of the treaty in rpirani to ' the cliainicl ' to be so live tVoni ohscurity, and 'wonK'd' in such ' clear and precise terms,' that he cannot conscientiously admit any evidence to wei<;fh with him that wouhl lead to an interpretation differing from the one chosen by him. " As it seems to have been no part of the l)usiness of the British Commissioner to ascertain by cotemporaneous evidence the actual intentions of his own (lovernment in regard to the water boundary, nor of his own (Jovernment to fiu'nish him with such evidence, I suggested to Lord Nai)ier that an examination of the instructions of Lord Ab^'nieen to Mr. Pakenham containing the 'proposition' referred to by 'Sh. McLane ought to throw some light upon the subject. He subsequently produced the original despatch from the archives of the legation, and submitted it to my perusal. "It is a long document (dated May 18, 1846), and is mainly devoted to a review of the state of feeling between the United States and (ireat Britain upon the Oregon question, contrasting favourably the conduct of (Jreat Britain with that of the United States throughout the excitement. Li resuming the negotiation for an amicable settlement of the question, Mr. Bakenham is authorised to propose as a boundary line ' the forty-ninth parallel to the sea-coast, thence in a southerly direction through the centre of King George's Soiuul and tlie Straits of Fuca to the ocean, thus giving to (ireat ]>ritain the whole of Vancouver's Island and its harbours.' " I regret that Lord Napier did not feel at liberty to furnish me with a copy of the document as I requested ; but, as he declined, I was oblii/ed to content niv.-v'lf with a careful perusal of it. I wrote down the foregoing di'scription of the boiuulary line from memory shortly afterwards, and believe it is substantially (if not verbally) correct. For greater certainty, however, it would be well for the deparl^ment to obtain a copy, as there may be other i)oints touching the subject of the boundary which escaped my notice in the attention I had to bestow uu die above extract. " Mr. McLane, in his despatch to Mr. Buchanan, of the same date (May 18, 184G), refers to the proposition to be V' ,■■1 .SHV, ■■t ' t .Vl| ■V- -^ m ,\\i.\im» I 170 SA\ JUAN WATKI! lilHNDAUV. subinitU'd l,o tJie Utiited States tlironjih Mr. rukfiiham, as follows : — '" 1 have now to acquaint yon that alter the receipt of your despatches, on the loth instant, by tiie 0"leiIuHi'ti, 1 liad a lengthened conference with Lord Aberdeen, oti wliich occas^ion the resumption of ihe negotiation for an anvicable settloiuent of the Oregon question, and tlie nature of the proposition he eonteniplated submitting for that purpose, formed the subject of a full and free conversation. I have now to state that instructions will be transmitted to Mr. J*akeuhani by the steamer of to-morrow to sub\uit a new and further proposition on tlie [)art of this (ioverinnent lor a i)artition of tlu« territory in di:-[)ute. The proposition, most jjrobahly, will olfer, sub- stantially, first, to divide the territory by the extension of the line on the parallel of fort\-nine to the sea — tiiat is to say, to the arm of tiie .se;i called Birch's Bay ; thence by the Canal de Ilaro and Straits of Fuca to the ocean ; and confinning to the United States, what indeed they would possess without atiy special confirmation, the right freely to use and navigate the strait throughout its extent.' " Jioth despat(!hes having been written almost innuediately after the ' natiu'e of the [)ro[){>sition ' to be submitted to the United States had been fully and freely discussed, it may seem strange that the [)resenled as free from islands, and, conse(jueutly, with but a t.iniil(! channel between the continent and \ an- couver's Inland. The surveys made subsetpiently to the con- clusion of thi^ treaty show that what was laid down by the early [Spanish navigators, by Vancouver and by Wilkes, as the eastern coast of Vancouver's Island, is in fact the coast of an extt'usive archi[)elago skirting the shore of the main island between latitude 4S 47' and ID' 10'. The actual space be- tween ilk' coasts of the continent and Vancouver's Island is nearly twice as great as it a[)[)ears on the enclosed sketches iVom Vancouver's ch irt and Wilkes's map, A glance at the Coast iSurvi'v chart which i deposited iu tlie de[)artmeiit with my report of last February, will give some idea of the true position of the coast of Vancouver's Island; but as that part of the chart is only copied from a sketch furnished Ca[)tain Aldi'u by the Hudson's iJay Company, it is by no means reliable. I send herewith a tracing from the last Admiralty chart of * Vancouver Island and the (ilulf of Ceorgia,' showing th«» same change in the coast, of Vancouvi'r's Isliuul on a smaller scale. The IJritish surveying steamer lHuiiq)rr has recently com[)lete(l the survt^y and chai t of the greater portion of this space hitherto so little known, except to the Hudson's l»av Company. As soon as I obtain a tracing of it from Captain llirhards, I will h i\i' a copy of the Coast iSurvev chart corrected by it and forwarded to the department. " Tlio claim of the Jiritishirch lliv on Wilkes's map, and even on Van- couver's chart, such an error might very naturally occur. Jn realitv, however, jjirch Bav is onlv the small inflentation on the mainland at the extrenu' right of the nami', and is a few miles south of tho forty-ninth [)arallel. The name of the Gn(f of Grn)'i/iii is intended by Wilkes to extend from tin* | of AO" as far >outh as the nortlu>rn extremity of the (Jaiual de llaro, including the space supposed by Mr. McLane t** be r>ireli J>ay. The line described by him 'thence by the Ca.\m\ de llaro and Straits of Fuca to the ocean,' gives the whole of Vancouver's Island to (jreal Britain, in acconhnice with Lord Aberdeen's instiuctions to Mr. Pakenham. and with the under- standing Iv'tween Mr. McLane and Lord Aberdeen, as detailed by the former in hiv letler of May 18, 184G. The English Government have endeavoured to create an impression that the C anal de 11 u'o was unknown as a navigable channel when the treaty was negotiated, and that the ehanni>l through which Vancouver saili'd was w«'ll known. The Canal de llaro, on the contrary, has always been well kii'iwn as a iiavigal)le channel, and its name geni'rally pui down on maps even i»f a small scale, whicli is not the case with the channel through which Vancouver sailed, it is sullicienl lor the I'nited States that Captain Wilkes surveyed the Canal de llaroin peiv-du, and that the fact is olUcialiy re[)orted in his ' Exploring I'lxpedition,' which was reprinted and republi-hi'd in England in 18-15, with ■{ SAN JLAX WATKR BOrNHARV. ]?:'. tlio atlas containing the ' Map of the Oregon Territory.' Ili:^ survey and soundinirs proved it to be the main channel, and .i tracing of his chart wa^ in the hands of Mr. Bancroft while u niernl)er of Mr. I'olk's cabiiiet. The chatniel tln'ougli which Vancouver sailed has had various names, ft is called tlie ' Canal de Fi(hilgo' on the early Spatiish maps. Vancouver gave it no name. De ^[ofras, in 18-U, has no name for it. Wilkes called it [in 18-tL] ' Uinggohrs Channel.' The English Admiralty ma[) of ISiU has it ' llosario Strait.' Arrowsmith, in 1840, called it ' Vancouver's Strait,' and it is now universally (tailed llosario Straits. On all of these mans the channel nearest Vancouver's Island at its southern end is designated as the Canal de llaro, having received its name from its dis- coverer as early as 1789. De Mofras [in 1811] in describing the space between the continent and Vancouver's [slaud, says: — ' Here is found a mnltitU(U> of little islands, which, not- withstanding the safe shelter they oiler to vessels, present great ini|)edimeuts to navigation. I'ho easiest passage is by the (Jiiiia/ rs, as his own ex[)loration.s an' cou-idcred very snpLM'ficial. " Lord Aberdeen, in tracing the boundary I'liie, follows the forty-ninth parallel to tin' sea-coast, and dellects ' tlu'iice in a southerly direcition through tlie ei'utre oi' Kiii(j Gc(>r!ji\s Sonml and the Straits of Fuca to the ocean.' On either of tlu^ aeeom- l)anying tracings, and, indi'ed, upon any >nap of the north-west coa.st, wi' may look in vain for ' King (ieorge's Sound ' betwi-eu the continent and Vancouver's Island. This n\istake i^ not so readily accounted for as Mr. Mtdjane's in regard to IVirch I'.ay, as the name is nowhere to be iouiid o\i Vancouver's cliarl, which is said to have l)cei\ used by the British (lovernment in reference to the water l)onndary. ' King' Oeorge's Sound ' is the name that was given, in 177S, by Captain Cook, to Nootka Sound, on the western coiist of Vancouver's Inland, betwi-en latitude 4!l" atul 50". The nauu' was \w\vv nmch in vogue. >.'i ';■■■;■« ■t'i''. n ■■"! „ t< ••■fv^ ■ ^ 174 SAN JLAN WATKll nolNDARY. it"' Lr. l^u except to distinguish a mercantile association formed soon after the discovery of Nootka, called the 'King (jieorge's Sound Com- pany.' Tliere is, however, no need of conjecture as to Lord Aberdeen's actual meaning. lie simply miscalled the Gulf of Georgia. I should hardly have noticed this discrepancy, ;ior that of Mr. McLane, if the British Commissioner had not seized upon the latter with a view to weaken Mr. ]\[cLane's evidence in favour of the Canal de Ilaro, maintaining that if the Canal de llaro should be adopted u{)on Mr. ISIcLane's statement, with equal justness it might bo argued that the line along the forty-ninth parallel siiould not strike the water at the Jorfi/- ninlli jxirallel, but that it shonhl dejlext to BircWs Bai/, which is a few miles to the southward.' "On Vancouver's chart the ' Gulf of Georgia' extends as far south as the eastern extremity of the Straits of Fuca, and the name as printed apjjcars intended to embrace generally the whole s|)ace between the continent and Vancouver's Island, including the Caiuxl de Ilaro and Rosario Straits. From tii '■ forty-ninth parallel ' in a southerly direction,' as far as latitude 48" 47', there is but one channel repre.-ented by Vancouver, and there is no practical dilliculty in drawing a line through the ' centre' of it. From there, southerly to the Straits ot Fuca, a line drawn 'through the centre of King George's Sound' [or Gulf of Georgia] that is, midway between the shores of the continent anir jurisdiction between the United States and Great Britain; to avoid which, even in regard to the large island of A^mcouver, the L'nited Spates yielded their rights to the portion south of the forty-ninth |)arallel, and agri-ed, as a com[)romise. upon the nt'inv>.t natural boimdary. Of course, a line dixiiliug the r islands ii o parts coidd never have Ixhmi contemplated by the llrili^h Go- vcrmnent, nor has it ever been claimed. But -uch would he the practical ellecl of Lord Aberdeen's {)n)po>iti()n. if litcrjilly cariiet literal interpreta'HHi, the ic litre" ol the space between th- ('i)Utiiient and \'t»»«t>«ii«v VI SAX JUAN WATER TiOUNDARY. 175 Tslarul cannot, by any possibility, be transferrccl to the contro of Itosario Straits. Tlu; utmost liberality or literality could onlv force the line thronifh the chainiel east of the island of !San Juan. A line drawn through that channel would more nearly pass through the centre of the whole s[)ace between the continent and Vancouver's Island than if drawn through any other channel. But it has never been pretended that San Juan Channel was intended by the British Govennnent as the boundary channel, and therefore can never be claimed as 'the channel' intended by the treaty. Tiie two chiinnels respec- tively claimed are the Canal de Ilaro and llosario Straits, through one of which, according to the views of each Govern- ment, must the boundary line be run to ' carry the treaty into elTect." ]\Ir. Mc Lane's despatcli of May 18, 184(>, to his Government, is the most important cotemporaneous evidence (on the American side oftlu! (piestion) of the intentions of the J>ritish Government in relation to the boundary channel, and Lord At)erdeen's instructions to Mr. Pakenham of tlie same date the highest evidence the I'ritish (Jovernment could pro- duce on the British side. Mr. McLane's evidence in favour of the Canal de llaro is explicit, and recpiires no I'xplanation. I have shown that the line described in Lord Aberdeen -> pro- position cannot be tortured into a lino through ilie middl(> of llosario Straits. As he mentions neitlfr rhannel, the same might be said of the Canal de llaro; and if there was iKjthiug further to guide us as to the line really intond^^l by ].<»r.| Aberdeen, we miglit have to fall baok on the uu>tive which induced the dedection from thi" forty-uinth parallel t«» ihr ocean bv the water boundary, \i/., to gi\i' (iieai iJritniu »lu' whole of Vancouver Island, or, according to the 'generally a (inal fiiifniii :.': im i;''-'^ '%^'- 170 SAN JI;AN U ATI. II BOUNUAKV. !.»!. ■•' f/ic whole of Vanconvcrs Inland ami its luirbuum.'' This ('oiK'liision confirms the correctness ot" Mr. Mcliane's statenient of Lor. I Aberdoon's exphuiation of ' the ti;iture of the proposi- tion' he coiiteinphited sul)inittiiig to tlie United States through Mr. I'aketiliam in n'ifard to the boundary line. This boundary \va^. without the :-iliifhtest doubt, adopted and proposed by the Driiish Government in conseciuonee of an assurance on the p.;rt of Mr. McLane that such a line would probably be ac- (^•pted by the United States. Mr. McLane had the authority of his Govermnent so to inform Lord Aberdeen, as will be seen by reference to Mr. Buclianan's letter to Mr. ^IcLane, (latetl February -G, 184(5, in Senate Document No. -ISi), con- taining the ' Executive proceedin^^rs, corres[)ondence, and docu- ments relating to Oregon, from which the injunction of secrecy has been removed,' a copy of which accompanies my report of February 10, 1858. "After I had finisiied reading Lord Aberdeen's instructions to Mr. Pakeuham, Lord Na[)ier asked my o[)inion of the i)ro- position. I told him that it com[)letely confirmed my views in regard to the Canal do: ILiro. He reiterated the acknowledg- ment that he had [jreviously made as to the general object of the water boundary, but still would not admit the correctness of mv conclusion that the Canal de Ilaro was 'the channel' actually projiii-ed by his Government as part of the boundary channel, and rt-marked that if the United States intended the Canal de lluro us "the channel,' they should have introduced it in the treaty. I re[)lied that the United States (iovernment were i>erfectly satisfied with the language of the projct, which conveyed to their miderstanding but one meaning so far as the boundary line is conciMiied ; they had adopted it in good faith, and therefore coidd have no motive for [jioposing an alteration; but that even if tlu^ language had been susceptible of uune than one meaning, and they had wii^hed to modify it, Mr. I'akenham had not the authority to agree to any uioflification. Lord iS'apier ri'[)ru'(l that Mr. rakenhuin could have agreed to any such N/ii/ht modilication as the one referred to. Mr. MeLani' say> : ' li may be considered ovrtHin, jilso, in my P''"J'l SAN .ir.W WAIl.U IJOINDAHV. / / o|)iiiion, that tlio oilor now to he made is not to ho juhmitted as an nltiniatnni, and is not intcndiMl us such, though / Ikii'c reasmi to kmnn Uxtt Mr. Pakt'n/unn will not he. aiiHiorifU'd to accept or reject fi)ii/ i)io(Ujirjtlio)i that hkhj he propasvd (»i our part, hilt that !u' will in such case he instructed to refer the modificatioii to his (lovernnieut.' "In your s[)eeeh upon tht; ratification of the treaty you say: 'The treaty conies to us as it came from Enj^hnid, with- out the crossiuif of a t or the dottiiii^ (jf an /, untouched and unchanued, and the vote we have ah'eady taken announces hut too clearly that we shall return it as received, hy makinii; its terms our own.' And Mr. IJimtoii says, the first article ' i^ in the very words which [ myself would have used, if tlie two (Governments had left it to me to draw tlu; l)oundary line hetween them, . . . and that article constitutes the treaty. With me it is the treaty. . . . Tlie great (juestion was that of houndary. On that point hung the issue of peact' or war. That he'uKj settled^ statesmen do not permit >uhor(iinate accossorial matter to haulk the great conclusion. In iiis ^[)irit the British mini>ters have acted. They have not made their proposition an ultimatum ; they leave it open to our ohjecti(jns, and of course to modification'^. I have no dou'^t the tlu'ee minor articles might l)e modilied to my entire satisfaction, Itut the (piestioii with me is whether the dill'eri'ncc is worth t/o; (tela 11. . . . Fortv-five davs is the shortest time in which we could e.\[)ect an aiisiner from London in repfy to propcit-d modijirations.'' " Mr. ]McLan(>, from the positive manner in which he write-, could hardly hav(^ d, 'rived his knowledge of Mr. PakenhanTs powers from any source less authoritative than !.ni-d Alierileen, who prohahly couniuuiicated it as an incenti\e lo the I nile I States to accept the pro/et of the triohf without modilication, and Mr. JJenton's arifumeiit auain-t delav unt|ueslional)iv had nmch weight with the Senate in accepting the pr drawn M y-1 •ti ■If ,1 ■"*• l^-.yy . .V , ■ .'i .'■♦ 178 SAX JUAN WATER BOUNDARY. up in London, and tlio informal description of the boundary in the proposition which he authorised Mr. Pakenham to make to the United States, in(hiced me to inquire of Lord Napier if I was not correct in that supposition, and whether Lord Aber- deen had not transmitted th(! prajrt to Mr. Pakenham ; and I thus learned that aiiolher dettpnlrh enclosed the projct of the treaty. This despatch his Lordship did not offer to submit to my perusal. "Tiiere are arguments and intimations in Captain Prevost's correspondence b;ised upon tiie [)rol)ability that the Canal de Haro was orit,nnally mentioned in the projet of the treaty as the channel througli which the boundary line was run, but that subse()uently the proposition was ' designedly altered,' the Canal de llaro ex})unged, 'and the wording of the treaty as it now stands substituted to meet the alteration.' After stating his reasons for believing this alteration was made. Captain Prevost says : — " ' I am the more strengthened in my opinion on this subject from having been olKcially informed, by high and competent authoritv, that tlie channel comnionlv known in Enghmd ais the V^uicouver's Strait — that now called the llosario Strait— was the channel coiitenii)lated by the British (.iovernment as the diannel ol' the treaty ; and the mtnllon of a pnrficidar dianncl by Mr. McLane, and the absence of the name of that rlnninel from the treaty, together with the very peculiar loord- iiKj of the treaty, would seem almost conclusively to prove the fact.' resuuiing (!'aptain Prevost seriously entertained tiie u 1) opinion that the pvo/'ct was ' designedly altered,' I laboured, and i think not without success, to satisfy him that it could not liave been altered with the knowledge or consent of Mr. McLane or of iNIr. JJuchanan, and that in good faith it could not have been altered by the British Government without their nowledue and consent. I was when; this d esigned a Iterati at a 1 (1! oss to conceive wlien and th ion could hase taken place, wlietiier at liOi.don or Washington, and called u[)on (,'aptain Prevost for I'm t her information on the subject. The only rejjly 1 SAN Jl'A.N WATi.l! IJoLNDAUV. 17.) received was tliat ' the hiuli atid oll'icial autlioiitv to \vI:oni I [he] alluded in my [hi^] letter of the I'th iii^triiit, as the source of my [his] iidonuatiou that the ^ aneouver's [or llosario] Strait was the ehanuel coiiteni[)lati'd by the JJritish Govenmieut, is Her ^Majesty's present Secretary of State for F(jrcign Affairs, the Eivrl of Clarendon, and I cannot presume that he would intimate to me in writing, as he has done, that such was the case, unless ho had substantial grounds for doing so.' The ' very pecHl'iar wordimj of the treaty,' referred to by Captain Prevost as tending ' almost conclusively to prove the fact' that the in-ojct of the treaty was 'designedly altt-rcd,' is explained by him as follows: — "'In support of my pro[)osition that the Ko-^ario Strait should be the channel of the treaty, 1 advance tliat it is tlie only channel that will admit of being considered the channel according to the treaty which '* separates the runtiin ut from Vaiicoavtrs Is/anJ." You state that " while the other channels only se[)arate the islands in the group from each other, the Canal de Haro for a considerable distance north of the Straits of Fuea, and where their waters unite, washes the shore of Vancouver's Island," and is, therefore, the only one which, according to the language of the treaty, " se[)arates the con- tinent from Vaut'onrci-'s Islaniiy Surely this would prove the converse of the jjroposition. It a[)pears to nu; a direct proof that the Canal de Ilaro is the channel se|)ai'ating Wdfinuur'' s Inland from the ronfinoi/, and, therelbre, so long as other channels exist more adjacent to the continent, cannot l)e the channel which separates the cnnlinent from Yauc(juver's Is- land. I would ask your be-^t attention to this most peculiar language of the treaty, in which the u>iial tcrni^ of ex[)re>-ion ap|)i'ar to be designedly reversed, for the leaser i- not separated from th(^ greater, but the greater I'rom the lc-»^i'r — not the i.sldnd ivoui the C'ntluitiil^ l)Ut the coHtincii/ tVoni the i^/dud, and therefore it would seem indi-[)Utal)le that where several channels exist between the two, tliat chamiel which is the most adjacent to the continent must bi; the cl.'amiel which scjjaiuUs M 2 rfl). m ^?f •'■•*.. ISO SAN JUAN WATER BOUNDARY, I' •' K i '.i the ci ntlneut from any inlands lying off its shores, however reriiote those islands inav he.' "From this extraot it will he seen that Caj)tain Prevost bases liis claim to [{osaria Ftraits as the houndary channel solely on the ground that the words 'the continent' and ' Vancouver's Island,' ' a[){)ear to he desiirnedly reversed' in the laniruage of the treaty. Whilst it is scarcely credil)lo that such a transposition of words could have been made with a view to alter the sense of the treaty, still the confidence with which Captain Prevost maintains this ground in the face of the most positive evidence to the contrary, in connection with the fact tiiat the Earl of Clarendon also attaches some im{)ortance to it, is not without its iuHuence in creatin;^ an impression npon the mind that such a construction of the language may (however unsiicce.-sfuliy) have been designed for the ptu'i)osG su_L:gested, or at least with the view of eventually throwing an air of doubt over the real meaning of the treaty. That no one connected with the negociation of the treaty on the part of the United States was ever informed of such a design, or ever discovered of themselves this 'very peculiar wording' of the treaty, is conchisively proved by the contem[)oraneous evidence; already referred to. On the contrary, Mr. l>entoii, who was scrupulously nice in the use of language, emphatically declares the laniruasie of the first article to be couched in the very words he himself would have used, if he had been called ujjon to draw it up, for the j)urpose of carrying the line through the Can;il de .1 laro. ''The general object of the treaty, as declared in the pre- andjle, is that ' the state of doubt and uncertainty which has hitherto jirevailcMl respi>cting the sovereignty and government of the territory on the north-west coast of America, 1} ing west- ward of the liockv or Stony ^lountains, should be (inally ter- uiinated by an amical)U' coni|)romise of the rights mutually asserted by the two parli(>s over tin; s;iid territory, Th amicable compromise,' so far iis it relotes to a division of the the 1 loun- territorv in dispute, was an aiireement to continue chiry line along the forty-ninth parallel on the con'inent, and SAN .Il'AN \VAT!:i; llOINhAItV ISl then a water boundary so as to uive tho whole of Vancouver's Ishuul to Great Britaui. The coi-rospomlonce of Mr. McLane and Mr. Buchanan shows that, tlie southern end of X'ancouver's Ishuid was all that (jreat 15rirain refu-eil to viidd south of the forty-ninth parallel, and all that the United States were willinu: to coucedi'. Mr. IJenton, the leading; setiator in favour of the treaty, advocates its ratification with that understanding of its nieanintf. In his speefli on that occasion, he says : — '"The line e.stablished by that article [the 1st] the pro- longation of the Ixjundary on the east side of the Rocky Moun- tains, follow.s the parallel of forty-nine degrees to th.^ sea, with a slight deflection through the Straits of Fuca l.o avn'nl ciiHIikj tlie south e»tl uf ]'a)iroucvv''s Ixlmd ^Vheii the line reaches the chaiuiel which separates Vancouver's Island from the continent (which it does within sight of the mouth of Fraser Iliver), it [)roceeds to the middle of the channel, and thence turning south through the Channel de JIaro (wrongly written Arro on the maps) to the Straits of Fuca ; and then west through the tniddle of that strait to the sea. Tiii.s is a fair i)artition of these waters, and gives us everything that we want — namely, all the waters of Puget Sound, Hood's (Janal, Admiralty Inlet, Jjellingham Bay, Birch Bay, and vvith them tlie rhist('r of Isldnd.-i, probably of no value, hehcecn iJc lla/v-s C/tannel iind the coutiiieiii.'' " In your speech against the ratilication, on the same day, and ap[)arently in re[)ly to Mr. Benton, you say : — " ' AVe have ceded to England the southern ca{)e of Van- couver's Island, an important position which has betMi hereto- fore a subject of discussion between the two (lovernmcnts, Judging from the ini[)erfect ma[) I have examined, it cannot be nuich less than one hundred miles. Upon what principle of right or com[)r()misc this cession is to be made I have not heard explained. For myself I know of none but the old rule of might. England demands it, and we yiehl, and tlial i lis the whole story.' '■ In coinm Mitiny; upon the first article of the treaty, you thus describe the wr.ier boundarv : — ■li 'si. -N?^ *{"'■ 4 % •i-y IMAGE EVALUATION TEST TARGET (MT-3) A 1.0 I.I 1.25 ltt|28 tii '" m c 1^ 2.5 22 120 U I! 1.6 % // A /a ^**- ^* /S^ Photographic Sciences Corporation V I ■^^ O '^^ 73 WIST ma:n strut WIRSTIII.N.Y. MJti. (716) a73-4»03 o'^ ' ' >". 1S2 SAN JUAN WATKIl BOUNDARY, ' ) ^- " ' Van?f)uver's Islanrl is separatod from the continent by an arm of the sea, and about 250 miles in extent, different portions of which are ivnown by different names. One part is called the Straits of Fuca ; another the Caiutl de ILm), another the (Julf of (jteorj:;ia, and the fourth Queen Charlotte's Sound.' " Although differin'^ with Mr. Benton upon the construc- tion that may be placed by Great Britain upon the second, third, and fourth articles, and the proviso to the first article of tiie treaty (to which, in your opinion, the va;^uoness of their terms will render them liable when they come to bo carried into effect), there is no disagreement between you as to the meaning of the languaf^e of the important article defining the boundary line. Nor does it seem ever to have been considered susceptible of more than one meaning by any person connected witli the negociation and ratification of the treaty on the part of the United States. " The wording of the treaty is the work of the British Government, [t was in their power to frame the language defining the boundary line so as to have precluded the 'state of doubt and micertainty' in which they have ever since its ratification so zealously laboured to involve it; and if Captain Prevost has any foimdation for the strong conviction he ex- presses that the Canal de llaro was originally in the projet of tli^^ treity, and that by a designed alteration it was subse- quendy left out and the present language substituted to change its me Miing, and that the words * the continent' and ' Vancou- ver's l.i'and' were ' desi^jnedly reversed,' with a view to make Tlosario Straits 'the channel which separates the ccmtinent from Vancouver's Island,' lie places his (;lovernmeut in no enviable position. " Considering that Captain I'revost was ' offK^ially in- formed ' by the Earl of Clarendon (tlu» Secretary of State for Foreign AllJurs, iVonj whom lie reci-ived his instructions) that Bosario Straits was the channel contemplated by the British Government ns the chaimel of the treaty, 1 thought it not iinprol)al)le that the instructions of Lord Aberdeen to Mr. .I'akenham might have furnished some foundation for the SAN JUAN WATKIl BOUNDARY, 183 t assertion. Captain Prevost (losignates the Earl of Clarendon as ' high and competent anthority ' in regard to the treaty channel. The highest authority in Great Britain on the treaty of 184G must be the head of the department for foreign affairs who conducted the negociation of the treaty, and who autho- rised the proposition which brought it to a conclusion. Before the treaty was accepted and ratified by the United States and returned to London for the exchange of ratifications, a change of ministry had taken place, and Lord Palmerston, who suc- ceeded Lord Aberdeen as Secretary of State for Foreign Affairs, exchanged the ratifications with Mr. McLane, July 17, 184(), within two months from the date of Lord Aberdeen's instructions to Mr. Pakenham. Lord Palmerston must, there- fore, also be regarded as high and competent authority as to the intentions of his Government in regard to the boundary channel. His views on that aubject have already been fully set forth, and certainly do not sustain the intimations of the Earl of Clarendon to Captain Prevost any more than does the proposition of Lord Aberdeen in his instructions to Mr, Pakei.- ham. I have not at hand the meanr of ascertaining the ollicial position hold by the Earl of Clarendon in tlie British Ministry during the negociation and conclusion of the treaty of 184G, or whether, indeed, he occupied any position under the British Gov3rnment during that period. But it can hardly be sup- posed that, under any circumstances, ho had better means of inloruiation than Lord Al)er(leen or Lord Palmerston in regard to the details of the treaty. And their views, as herein- before set forth, certainly do not sustain Captain Prevost's presuujption that the Earl of Clarendon 'had substantial grounds' for intiniaving to him in writing, as he had done, that Vancouver (or Hosari(») Straits was the chaiuiel contem- plated by his GovernuuMit. " Although the instructions of Lord Aberdeen to Mr. Pakenham could not possibly be construed into evidence in favour of Kosario Straits, the ' pecv.liar wording' of his descrip- tion of the water boundary lino might very naturally suggest to the Earl of Clarendon the idea of the Sun Juan Channel as a :»; .% • ■ » .' - f- : K 3 r 184 SAN JUAN WATER BOUNDARY. ?! ^(i I' In: .■^■■■' m compromise in case of failure to obtain Rosario Straits, which might he agreed upon if it should be found the United States had no contemporaneous evidence to show tiie real intentions of the two Governments. And here I conceive is the secret of the claim for Uosario Straits. The British Government never could have seriou.sly expected the United States to agree to that channel as a boundary, but made it a pretence, in the hope of being thus able to obtain a compromise line, by which they would secure the valuable and much-coveted island of San Juan. " ^J'he motive which induced the first proposition of Lord Pulmerston to the United States, to appoint commissioners to mark out the water boundary, is embodied in Mr. Crampton's letter to Mr. Buchanm, of January 13, llots' on the British side of tlie line without informing Mr. McLane, so that he might notify his (iovern- ment of the fact, or without instructing Mr. Takenliatn to inform Mr. Biichanaii of the modification. And unless the despatch of Lord Aberdeen to Mr. I'akenham enclosing the jmijef of the treaty (which I have not seen) contains instriu:- tions which authorised Mr. Pakenhain to make such changes in tlie projtt as would throw the llaro Archipelai^o on the British bide of the line; and imless Mr. Pakenham made such changes, and informed Mr. Buchaimn that he had done so, the i-Ji'WM J0^^, ■'fcaaa |i;j<^|p ^i^m %y,\ 'I'^wHN '.',;?K,:?f^ •^" •■^M 1 '%'Wi ■ ■<■ \Sc. \'-m V.' >■ ■Hi: • y ■ • '■' ' 1 if,** ii? n 18G SAN JUAN WATER BOUNDARY. Ii<:, «'• proposition of the British Government, as expljiined by Lord Aberdot'P to Mr, McLane, must (in good faith) have remained tinaltored in its meaning, and the projit of the treaty must have been su'imi ted to Mr. Buchanan as it was received from Lord Aberdeen. That Lord Aberdeen never informed Mr. McLiuie of any such designed alteration, and that Mr. Paken- ham never communicated to Mr. Buchanan tiiat any such alteration was made in the pvoji't of the treaty, either by Lord Aberdeen or himself, is evident from the fact that Mr. McLaiie's letter of May IS, explanatory of the intended pro- position, was transmitted to the Senate with the prnjet of the treaty, when the President asked the previous advice of that bodvin regard to its acce[)tance, and also from Mr. Buchanan's letter to ^Ir. Bancroft of December 28, 1840, hereinbefore quoted. As llosario Straits, therefore, cannot be claimed as ' the chimnel,' either upon the literal wording of the treaty, or upon the intentions of the ' actual negociutors,' from the contemporaneous evidence of Lord Aberdeen, Lord Pal- mer:?fon, or Mr. Pakenham, the highest British authority upon the subject of the treaty, I am at a loss as to the source from which the p]arl of Clarendon could have obtained the information he ' ollieially ' communicated to Captain Prevost, that the British Government contemplated llosario Straits as the treaty chamiel. " In preparing the draught of joint instructions which accompanies Mr. Crampton's letter, the British Government, with an apparent air of frankness, and even generosity, did not neglect the opportunity of so wording it as to secure to them- selves everv possible advantage that could be derived from a one-sided construction of the first article of the treaty, including the prori.sn, in the event of the United States being found ignorant of or indifferent to their territorial rights in respect to the Haro Archipelago. The instructions in regard to matters of detail, respecting the mode of marking the lino (which should more appropriately bo left to the commissioners), are so bnrdensonuily tninute and verbose as almost to hide from view the objects to be gained. The following paragraph embodies SAN JUAN WAIKB BOUNDARY. 187 the gist of the whole documont, so far as relates to the boundary line:— (') " ' That part of the channel of the Gulf of Geor;t of those islands, which is laid down by Vancouver, and marked with soundings as the channel which had been explored and used by the officers under his command. You will find the line thus described traced in red, in the copy from Vaticouver's chart hereto annexed.' "Upon an examination of the Admiralty chait of 'Van- couver Island and the Gulf of Georgia,' published February 28, 1849, and compiled from the surveys of Galiano and Valdes in 17U2, Vancouver in l7*J3, and Captain Kellet, lloyal Navy, in 1817 — although some parts of the space between the continent anil Vancouver's Island do not appear to have been minutely surveyed — it will be found that the Canal de Ilaro, as far as it is laid down with soiuidings, is unmistakably repre- sented as the channel which would give ' the whole of Van- couver's Island and its harbours to Great Hritain,' while its great width and deep soundings show it to l)e by fir the largest channel connecting the Straits of Fuca with th(^ Gulf of (ieorgia. Althougli the chart was not published until a year aft'r the date of Mr. CS-ampton's letter, the results of the survey wim\' no doubt in possession of the Admiralty as soon after the com- pletion of the survey as the work could be plotted. If 1 may judge by the survey connected with this commission, it is customary for the surveyors of the British Government to (') Copy of the ilraught will bo fouml ant'' p. tS, and Ainorioan Stiito Papers, p. 12. I m I i f 18S SAN JUAN WATI.R BOUNDARY < ',-,* forward to the Admiralty from time to time the plotting and sketcluvs of their work as it progresses ; and it is reasonable to suppose that such was the case at the time Captain Kellet was engajfed in the survey of these waters. The survey does not aj)pear to have been carried on beyond the workiiii; season of 1847, which ay Company. I send herewith a tracing of the chart above referred to. " Her Majesty's Govenmient seemed al>o to be of opinion that a naval ollicer of scientific attainments and conriJiatory rliaracfcr, appointed on the part of each Government, would be sullicient for the purpose of marking out that part of the boundary which they considered as the least distinctly and accurately defined by the verbal description of the treaty of any part of the line dividing the United States from the British possessions. Before sending out these olHcers as commissioners, Her ^Majesty's (Jovernment were of the opinion that tlu'y should be instructed as to the particular channel through which the water boundary line is to nui, con>idering it to be a question turning up:)n the inter preiation of the fre ^*l ^ u '( »• 11)0 SAN Jl'AN WATEU BOUNDARY. !»*■ ■ ?5 %l ij'., , ej-V li Ui. my liV*' - If w upon the ntind of Captain Prevost tli;it the projet of the treaty was designedly altered by omitting the Canal de Ifaro for the purpose above specified, and quoted the argument and evidence he advanced to support the correctness of his conclusions. The supposed reasons for altering the boundary channel are stated by Captain Prevost as follows : — '" It is quite possible that in viewing the boundary as ptissing through the Canal de Haro, some objections might have been made to the nearness of some of the islands to the Vancouver's Island, and as the objections did not apply with equal force to the continent, and as the islands between the two were deemed, according to Mr. Benton, to be barren, rocky, and valueless, it is not at all improbable that the slight deviation in the line would be conceded without difficulty, and might be considered too trivial, considering the important interests at stake at the time, for public discussion or reference.' " Considering that the average width of the Canal de Haro is nearly two miles greater than Uosario Straits, the argument upon which the supposed alteration of the boundary channel is based is not very forcible. " The proposal made by Lord Palmerston to Mr. Buchanan for the appointment of commissioners was subsequently renewed at various times by the British Government through Mr. Crampton, until Congress, in 1856, authorised the organisation of the commission. " Mr. Cratn})ton in his letter to Mr. Marcy, of February 9, 1856, (the Karl of Clarendon then being Secretary of State for Foreign Affa rs,) says: — " ' It has been a subject of regret to Her Majesty's Govern- ment that, for causes upon which it is unnecessary to dwell, no appointment of commissioner has up to the present time been made bv the Government of the United States, and I am now instructed again to press the matter upt)n their earnest attention. Should it appear prol)able, however, that this proposal cannot be met by the Government of the United States without further difficulty or delay, I would again suggest the expediency of the adoption by both Governments of the SAN JUAN WATKR BUUNDAKY, 191 channel marked as the only known navii^ablo clianncl by Vancouver as that designated by the treaty. It is true that the ishuid of San Juan, and perlmps some others of tlie jironp of small islands by whicli the Bay of Georgia is studded, would thus be included within the Britisii territory; on the other hand, it is to be considered that the islands in question are of very small value, aiid tiiat the existence of another naviyahle r/iannel, broader aiid deeper than that laid down by Vancouver, by the adoption of which some of these ishinds viiyht possih/i/ fail within the jin-isdiction of the United States, is, according to the reports of the most recent navigators in that region, exiretnt'hj improhahJe ; while, on the other hand, the continued existence of a question of doubtful jurisdiction in countries so situated as Washington Territory and Vancou- ver's Island is likely to give rise to a recurrence of acts of a similar nature to those to which I have had the honour of calling vour attention, and which 1 have no doul)t would not be less deplored by the Government of the United States than by that of Great Britain.' ''From January IHth, 1848, to February 0th, 18oG, at diilerent times, Mr. Crampton, by direction of Lord Palnierston and the Earl of Clarendon, urged the adoption of Vanccjuver or Rosario Straits, upon the ground that it was the only known navigable channel at the time the treaty was adopted — the British Government taking it for granted, apparently, that the United States were perfectly ignorant of the existence and value of the group of islands between that clmnnel and the (Anuil de Ilaro — and utterlv ignoring the existence of the latter, the main chamiel botnuling A'ancouver's I -land. The small islands are studiously dep>reciated as of ' little or no value ;' and, by way of apology for proposing to take them on the British side of the boundary line, the United States are gravely informed that the only large and valnahli- island in the group, called ' Whidbey's,' would, of cours<', belong to them. A glance at the maj) will show the liberality of the Briti-h Goverinnent in leaving to the United States the island of Whidbcy, and their motive for proposing naval .j'at. i 't.-'- ■is* ■*. '. . •( ' m 19:2 SAN JUAN WATER BOUNDARY. m %•■ s?K !Ui: ■ lev ^?!: 0V ofHcers of rnnriUatury characfer as comini^sioncrs to mark the boundary. " In my correspondence with Captain ProvoM; I rep«'atodly called liis attention to the views of his Goveriimont, as ex- [)resspd in Mr. Crampton's letter of January 13, 1848, in opposition to those which he brought forward at this late day ; but I failed to draw any response from him on the subject, or even the slielv settle ,l,e ,|„es,i„„ of ,|,e " The survey ivleirpr? f^ Jette,- by JJr. Marcv to ,l,e < ,. "7""l>m.yi„g eopv of a -"■.■>■. but a, „,e U,,t,,h i;o ,: „ ;, '""-'""e oau.e „f „,, •■"' . new a,l,„i„i„,,„i„„ alter Mr ,;"'' "" "'" •"•"'^i"" "f '•— » U,a„„e|, I ,„,„„„;. , • "' > • " ». ..|.-K,M of \„„. "1» ealle,! to ,l,e .-„l,|ect I, •;, it ,"■" " ""'■"<'"" "as >""y be a letter fn,,,, '», c'n, ,''',"'" ^■'■""'«"- ■''-,■,. l"tber,„ p„|,|i,|„,,'| „ ; l^'I'^P^, ".be,. ,|,„,„„.,,„^ « ">"« "■".» u, .-elati, ,: ^ t,„";""" '"■ "" ''"'«"■'■""" No- 2.->l, lieport Co,,,., tl„> .f "7- ■^'■■■"'- 1^<-"K.,„ t;-a"sn„tted by .M,-. Ma,vv to ir ,, ' """''■ bo„„,la,-v, "I- a „,„„„„„,.„,„„ ,o1j''; ; "^-'J-'yl". 1H54; „„, ."" i"™«ii J(elalio„s ,la,„l Fl ""■"""""' ''^" ""■" ■'■Woa,., .I,at ,,,e' ; ; J;;'''- ■> «. IHOO; l,y „|,i,.|, "est 1,„„„J,.,.,. " '"'■■"•"' b.r l.,e -urv,.y of ,|„. ,„„„,. -;Xi:T;::::;:::;:::,-v'"''™'-n...tofco,,. I" Oetobe,- of ,l,at yea,',!,,: ^ "" "! ^ '"" "- I»!an.l. ."'- ™";i"o„t a,,,, Va„e„„™," " ; " "T'^ ''"<' '«"-„ "" ''"'"""I 'b,o„,,|, „|,i,|, ,1,^, r"-!i *<; .•'«! 'i^^«( f. ■. ■ : tiV ■-!.»•» #; ?-.■ m 194 SAN JUAN WATER BOUNDARY. m : i-V'Vi, ■•■■ ■•??■ t • boundary line should run from the Gulf of Georgia to the Straits of Fuca. The principal arguments and evidence on both sides of the question are referred to in the preceding pages. Tile correspondence embodying the whole discussion will show that the disagreement did not result from any iniierent dilHculty in the question, but from the assumption on the part of the British commissioner of an infallible inter- })retation of the treaty, by refusing to admit contemporaneous evidence of the intentions either of his own Government or that of the United States to have any weight with him. " The contemporaneous evidence which I produced and exhibited to him to show the fallacy of his interpretation of the treaty and the correctness of mine, to say the least, proved his interpretation to be a studied misconstruction of the word ' southerly,' (so as to exclude the Canal de Ilaro from the terms of the treaty,) and a disingenuous inversion of the real meaning of ' the channel which separates the continent from Vancouver's Island,' to secure the group of islands between the Canal de llaro and llosario Straits to the British Govern- ment. " Up to the period of the meeting of the joint commission, the Canal de llaro and Kosario Straits were the only channels that had ever been mentioned in connection with the question of the boundai'y ; but before I left Washington for this coast, in the spring of 1857, in an interview I ha I with Lord Napier, I saw an indication that another channel, in the shape of an ' amicable compromise,' was likely to be proposed before the matter was settled. 1 was, therefore, not altogether un- prepared, however much reason I might have had to be surprised, when Captain Prevost, having faiU'd to convince me of the infallibility of his interpretation of the treaty and the utter worthlessness of my own (wishing it at the same time to be ' distinctly understood ' that he was ' induced thereto by no change of opinion on any one point ') announced that he conceived it had become ' our positive, as well as our con- scientious duty, to endeavour, in a conciliatory spirit and by umtual concession, to settle the matter.' Having seen ' a way ;'<»■■' SAN JUAN WATER BOUNDARY. 195 by which ' he could, ' in part, meet my views without any gross violation of tiie terms of the treaty,' he proposed tliat we should consider the whole space between the continent and Vancouver's Island ' as one channel,^ and run the line ' through the " middle " of it, in so far as islands will permit.' In sub- mitting the proposition he says : ' I make the present offer without committing either my Government or myself, or any any other person, to a renewal of it at any subsequent period, shoidd it not now be accepted.' It is utmecessary to say that I dt'clined entertaining such a proposition. I have reason to believe tiiat the offer, in some form or other, will be renewed by the British Government, notwithstanding the threatened penalty in the event of a non-compliance on my part. It is not at all improbable that a new reading of the treaty will be resorted to, by which the u-hoh space between the continent and Vancouver's Island will be interpreted to be ' the channel which separates the continent from Vancouver's Island.' " If the British Government should propose to the United States such a reailing of the treaty, it would be with the view of securing possession of the island of San Juan, and of destroying the unity of the group of islands so important to the United States in a military point of view. If, however, the 'generally-admitted principle' in regard to the main channel be adhered to, the line would still run, as heretofore ciahned by the United States, through the Gulf of Georgia and Canal de Ilaro, the two channels which, in connection, con- stitute the main channel between the forty-ninth parallel and the Straits of Fuca, and on such a condition there might ajipear to be no objection to a(l()i)ting the whole space between the conti. nent and Vancouver's Island as ' the channel ' of the treaty. " But there is another view of the question to bo taken into consideration before a{loi)ting this reading of the treaty. Even though the line may be carried through the middle of the Gulf of Georgia and Canai de Ilaro, whether the whole space or a particular chaiitiel be considered ' the chaimel ' of the treaty, there may be some diffti'ence in the effect of the proviso to the first article, according to the interpretation to be N 2 t I* f 'a m ••i-i- .ifca lOCt SAN JUAN WATER BOUNDARY. J. .■■ .u -J*.» i ;'( ])l. liil. IJ^. ;-■'(' <■ SAN JU.W WATER BOUNDARY. 197 castorn shore of Simialimoo Bay, fifteen miles east of the first point. " Cii[)tiiin Prevost expressed his readiness to adopt the points as dcterniiiiod by the astronomers of the joint conunis- sion ; but when I proposed to mark the first point as tiie inU'ial point of the land and water boundary, it being the common point where the forty-ninth parallel intersects the western coast of the continent and the eastern shore of the chanDil which separates the continent from Vancouver's Island, Cap- tain Provost ' declined entering into any discussion .is to which was or was not the initial point,' on the ground, as he stated verbally, that the whole question of the channel was now in the hands of his (jiove-nment. Notwithstanding the reserve of Captain Prevost, eu'.ugh transpired at the meeting to disclose the pretence of the liritish Government that the eastern shore of Simiahmoo Day, on the forty-ninth parnlhd — entirely within the ?ontin(Mit, and fifteen miles from its western coast — is the eastern shore of ' the chavmel which separates the con- tinent from Vancouver's Island.' While Captain Provost's refusal to agree to an initial [)oint hinged upon the (piostion of * the chaimol,' I could not agree to any joint determination of the points in question. " The principal motive of the British Covorinnent in attempting to push the initial point of the water boundary fifteen miles to the eastward of its true position is, 1 presume, to bring 'the miildle of tlie channel' (the western termination of the boundary li le on the forty-ninth [)arallel, and its deflection, ' thence southiM'ly ' down the chatmel) as far horn Vaticouver's Island as possible, in the event of their being successful in obtaining the consent of the United States to consider the whole space between it and the continent as the chaimel of the treaty. The middle of the channel in such case would be brought at the forty-ninth parallel, some n\iles nearer the continent. It is more than probable, however, that they are not uninfluenced by the increased privileges which they would accpiire under the proviso by this wide con- struction of ' the channel' at the forty-tiinth parallel. fV •li' I' .m J0 "■•:;'! ■''4 pfj; ¥»■)' ifii ; , '■ ii'-':' i ,' ^ii-, ■■ fc^; . 1 ■>? ¥'■'■' PU :, iW''';' ISr- " BW'; .' BjI^. ^ K iW*''f . . j?l- ' ■ |l&;^' S*'?^' 1 !..i: j,. In'.J'' '! M',>, ; , »(•'/«. 'i ? £ -'; r ' f 7ji" i''r Ev->; si' ■■ I: ' S^'*' 3( '' ' ' h?^''; ' |?t- • R »• L; I'- ■ 198 SAN JUAN WATER BOUNDARY. " Although there is no special reference in my instructions to the proviso of the first article, nor has it any apparent con- nection with the true determination of the boundary line, yet, as under the act of Congress authorising the organisation of the present commission, I am commissioned ' to carry into effect the first arlirle of the treaty of June, 184G,' I deem it my duty to keep its terms in view in consideration of its intimate connection with the subject of ' the channel ' in all its bearings, and of its susceptibility to a latitudiiious construction by the British (jovernment, always on the alert to take advan- tage of the vagueness or generality of the terms of a treaty. " If the views of the British Government in relation to the extent of ' the channel,' as developed in regard to it at this parallel, should be considered as tenable and be adopted by the United States, as far as I can judge all the inland waters between the continent and Vancouver's Island, south of the forty-ninth parallel, including all their arms and branches as far south as Puget Sound, would bo free and open to the navigation of British vessels. Of course the harbours on Van- couver's Island (few in lunnber) would bo et, "dly open to the navigation of American vessels. " V/hether such is the object the British Government have in view in the point they are disposed to make in regard to Simiahmoo Bay, I am unable to say ; but from the caution manifested by the United States in the correspondence betweei Mr. Buchanan and Mr. McLano, on the subject of ' free and 0[)on ports,' I do not think such a liberal interchange of ports woukl bo in accordance with their views and policy. The debate between yourself and Mr. Benton on this very proviso indicates your apprehensions that Great JJritain would construe it so us to exclude American vessels from the free and open navigation of the waters north of the parallel, sous to prevent free egress and ingress to and from the ocean in that direction. 1 have not a co|)y of your renmrks ut present with me, and do not recollect how far they touched upon any other (piestion than that great right of luivigating throughout its whole extent a public cluuMiel like that between the continent and Vancouver's Island. ffe-. SAN JUAN WATER BOUNDARY. 199 " The * offer' made to me by Captain Prevost to consider the whole space between the continent and Vancouver's Island as one ehaimel, and to run the line through (he middle of it, in so far as islands will permit, when brought to plain terms, is a proposition to divide the group of islands east of the Canal de Haro between the United States atid Great Britain, so as to secure to the latter the island of San Juan. In accoiii[)lishing such a division of the rightful territory of the United States, the boundary line would run from the forty-ninth parallel through the (jiulf of Georgia, through a part of the Canal de Haro and through the channel east of San Juan IsUuid. The line on one of the accompanying sketches of the Admiralty (') chart indicates the proposed compromise channel the Jiritisii Government have so nmch at heart, and wiiich will probably be again proposed to the United States. In(le[)endeiit of the preposterousness of such a proposition in other respects, it is not a suitable channel for a boundary between the United States and Great Britain, with such channels as the Canal de Haro and Rosario Straits in its vicinity. The relative widths of the channels are as follows : — "The maximum width of the Canal de Ilaro, about G^ miles. The maximum width of Rosario Straits, al)out . . 4 The nuixinium width of San Juan Channel, about The mininmm width of Canal de llsiro about . , The minimum width of Rosario Straits, about . , The mininmm width of San Juan Channel, about "All of these chaimels are dee}); the Canal de Haro being much the deepest. Rosario Straits has at its northern entrance, directly in the way of a boundary line, a !..rgo shoal, the least water about three fa ' ns. It has been the great object of the British Governu'ent and Hudson's Bay Com[)any to secure the island of San Juan, perhaps as much to keep the United States at a distance from Vancouver's Island as for the intriusic worth of the island itself; thougii it is valuable, and by far the finest in the group. It has an area of about lilty-(ive scjuare (') 'J'liis sketch was not iniblishoJ. Tbo comproiiiiso cliiinuol will bo BL'ou ou I'ot'orouoo to tho hir^fo map proaoiited witii thia volumo. t: n n i v,j. ■. y," '■v*S':-,, mi''-''' 200 SAN JUAN WATKR BOUNDARY. ii »iv S' -: ''■K iit. -.4,r ■■ miles; and it lias an excellent harbour at its south-east corner. The great value of the group of islands, however, consists in iis strong military position. It is the key to the Cfulf of (ieorgia, north, and Straits of Fuca south of it. But a division of the sovereignty of the islands would destroy their military import- ance. Without San Juan the rejuainder of the group would be comparatively unimportant to the United States. The possession of it by Great Britiiin would answer all their pur- poses, and they would willingly give up the rest of the group for that single island. " Mr. Bancroft, in his letter of August 4, 1848, mentions a conversation with Lord Palmerston, in whi(;h the latter ^ spoke of the propriety of settling definitively the ownership of the several islands [between the continent and Vancouver's island], in order that settlements might not be begun by one party on what properly belonged to the other.' " Fn Senate Document No. 251 (hereinbefore referred to) will be found a letter from Glovernor Stevens to (jiovernor Douglas, dated May 12, 1855, acknowledging the receipt of a comunnucation from the latter, in which is found the following paragraph : — " ' You say the " island of San Juan has been in the pos- session of British subjects for many years, and it is, with the other islands in tho Archipelago de Ilaro, declared to be within the jurisdiction of the colony, and under the protection of British laws. I have also the order of Her Majesty's ministers to treat those islands as parts of the British dominions." ' " I do not know at what period Governor Douglas received these orders, nor whether they were connnunicated to the United States by the British Government. As nearly as I have been able to learn, the island of San Juan was first occupied in 1852, by the Hudson's Hay Company, as a sheep pasture, with an agent and a few shepherds to take charge of the property. Previously there was an Indian fishery on the island, probably under the control of the Iludsoii's Bay Com- pany. " The laws of Oregon and Washington Territories include SAN JUAN WATER BOUXDARY. these Jslanrls within fi,^- • • ,. -",-«i upon s„;'i!;;r /jsS"':; ri -- ^-h™- I|.cl.an attacks thej- s«,„ „.i,lKl,«.' ™'V"''"'« i"«'c..ro fr„,„ InUed States h„/ ,,,,„,,, ™'' ; f «.,,„t, ,.„„,„,,„ „f , . ™e, «„,| is (here „„„ '"'"'" '''""'l 'lm-i„j;a ,,„,-, „f,|,^ " »■"' he see,, .|,a, I l/-,^ ""■""?« ^" »■"••"« "oc N„. .5 Pl-ee. The sheriff of Wh., " ''"""' "^ .i'"i*''ion"., took W, o„ thegncnd oflis E7;, '.'f ":■•'»-.' .-fuse,, ,„ '"g "o a„th„rity except th-,t e n '"'''"'■'• •■«■'"'"« le.l.,- ™« '• llle pro|,ertv was sei/e,! -n,,! ° ,' """ ""'""- "■e taxes; and a clai,„ fo, ,,^'C r."'" ''•''"""" "f -nent a,„ou„ti„„ to near t , "el , ,, ,'"7 '"■'"'■" ""' ''",>»„- Wewit^, an ext,,,o. f,,„ , ,,. ,„ " ^ "' I""""'- I i.,,pe,„| States Navy, to ,h„ S„,..,.h,ten e „' "-^'V'""- ^''">«> by wileh it will be seen thu as " t'T' ^'"'"■J'-'" '858, l^''uglasas.,u,„e,, a,„h„,.i,„ ITl] 'r , l' ''''' ^''"■"■""■' •;'-''"P('). Until the h>,o is-lofitr/''"'' • r "'■"'« "-■" ""':! ^"'"'^ - co.ii.io„s of j.;:,! ;;;:;;:;,>■ -"-^ "-^' i» a eo„. ■•f Mr. Bancroft be ei^ t" , I' "■'"'"'^■'"■"- f.">«l Sta^ , *-e of the Hudson's B ; ■ I, ''T'"""' ""«'"»H^d i„ the he .leoided position take,' I,; ^ , ■ '"'T """* ''''"'"'^• """■o for a .i,„e el,ecke,l any ,ft,e ," T"' '" "'" '^^"'"' ''<•• Oove,-,„„e„, positively to el, ,, ' ' ""' '""' "^ "'o Hmhh ,^Vi«. .nuch ea„tio„/„ :';;' t ;';"«'-"^-.l,e bonnda,, " »»0"is, gave o,-,lers to Oove , , I) r""""'"""' ""■". g™"!' o. islands as part „f „,..]" I, "'f''!" "' '^""■'W«- the ^ -e::=i;:~ F™-- - he featy, rep,.ese„te,l that part of t"' " i"" '" "'" '''"" "^ tllient a„,l Vancouver's fsl,,, , '"'■" '"■'"'"eii the con- »" ■ hut „„. ,./.,„„,,, • ,„ ,,,;;::; ;;; ™„se^„e„.i,, ■'• l-l»rt i. a, „i„,„ ,,■»-. p. «. 1 l,„vc. act ,,,„.„,„^j (1,.^ „^,^^^^^ I* ■> I'M "?■ " ' ., .',■> K" ■ ' ' \-^.< »'f «f ^ 1 \ , '.••.■»l. ■.■>'■' a! *:l r- ■ " •tir *! ^ If 202 SAN JVXS WATER BOUNDARY. [^>'' ', Jajft."' , ' ^P^' W- 1 m''^ . -, h- )i^ . ^''.'.' *'": ■■ #\ 'i''"* ;, ■• ■ K't<: ■ ' ^ '"»,■»-■• »'>',/ 0- h , ■ hi}' ■ ^^'v :v !?.jf\ later date, on which the coast of Vancouver's Island is thrown further to the west, and an extensive archipelago substituted. " The chart of the Coast Survey published in 1854 is intended to represent the whole space between the continent and Vancouver's Island, in the vicinity of and south of the forty-ninth parallel, but principally the Canal de Ilaro and Ilosario Straits, and the neighbouring archipelago. In exe- cuting this survey for the State Department, it does not seem to have occurred to the officers of the Coast Survey to nuike an exploration of the arciiipelago along the coast of Van- couver's Island, immediately south of the forty-ninth parallel. Its existence was, however, then becoming known, and since the discovery of coal at Nanaimo, on Vancouvi's Island, a short distance north of the forty-ninth parallel, the Hudson's Bay Company's vessels generally take one of the inner channels in going from and returning to Victoria, thereby saving a great dis- tance, and avoiding rough seas. Captain Alden, in the Active, on one occasion passed through one of the inner channels from Nanaimo, coiuiecting with the Canal de Ilaro, as they all do, at about latitude 4S» 40'. The sketch of the archi- pelago he obtained from the Hudson's Bay Conii)any (to which I have already referred) was probably made by the captains of the two small steamers, and other small vessels belonging to the Company, which for many years have navi- gated these waters. You will observe on the Coast Survey chart that the inner channel is designated a ' channel for small steamers,' probably from the fact that none but small steamers had then sailed through it, or from the indisposition of the Hudson's Bay Coini)any to encourage the exploration of the archipelago. It has been the general impression hitherto that the interior navigation was not well adapted to vessels of a large size, and such was tlie impression when I first arrived here. Indeed, little or nothing ap[)eared to be known about the islands or channels between them. There are probably difficulties in the way of large vessels getting out of the inner channel into the open gulf at the northern extremity, or at points between it und the Canal de Ilaro ; the openings be- "*.■■'' SAN JUAN WATER BOUNDARY. 203 tween the islands nearest the Gulf of Georgia being narrow and the currents very rapid. Nevertheless, u[)on the discovery of gold on Fraser River, steamers of good size found passages through those islands, in going from Victoria to the mouth of the river by the Canal de Ilaro, that saved consiilerable dis- tance, and were convenient in avoiding rough weaiiier in the open gulf. There is a passage (about two or three miles in length), almost due south from the ' middle of the channel ' at the forty-ninth parallel, which would c;)''ry a line into the Canal de Ilaro, so as to obviate Cai)tain Prevost's objection to the westerly bend in the course of the Canal de Ilaro at its northern extremity. But as the passage is narrow, less than half a mile wide, though perfectly sate and convenient, I did not think it a proper cliar\nel to propose for a boundary be- ween the United States and Great Britain, although its average width is very little less than the San Juan Cliannel at its entrance into the Straits of Fuca. With the exception of this passage, I had not, at that time, been within the archipelago, and had no further idea of the true character of its chamiels. The p.rssage alluded to runs through what aj)pears on the map as Saiurna Island. I made a hurried exploration of the archipelago in the steamer Active in September last, and was surprised to find such wide and deep channels. The opening through w*iich we emerged from the iimer chaimel into the Gulf of Georgia, in the vicinity of the forty-ninth parallel, is not wide (about half a mile), and some years since, in passing through it, Her Majesty's steamer Virayo, commanded by Captain Prevost, struck a rock. I saw enough, however, to satisfy me that the inner channels are sulliciently capacious for vessels of the largest size. I do not think there are any islands as large as some of those in the Haro Archipt>lago, but I may be mistaken, They are generally snuiU, rocky, and barren, though highly picturescpie in api)earance. In the division of labour between the United States and Jiritish com- missions, the survey of this archipelago devolved on the latter, and we found Captain Ilichards, with Her Majesty's surveying steamer Plumper, actively engaged u[)on it. He continued r' I i\ ' ?' 'i' 1«( .;'4 '■■it 204 SAN JUAN WATER BOUNDARY. hi! i f m''.: :,■ ^11; .''■': f0. ■■ '■• p.,: f*^?- ji^f^, / Iti^'r ;• 3n*»,-,' , p4^'- ■ %-i%''.' - .■ \ r ■ ; 1 p ^ ^'^ 1 1* ' "■ ' the work uniil the rainy season set in and closed his operations for the year. This survey will give a new aspect to the map of this part of the space between the continent and Vancouver's Island, though probably it will not cover a greater number of square miles than the archi[)elago as laid down on the Coast Survey chart. The large islands as there represented will be broken up into smaller ones, and greatly increased in number. The island of Saturna will be divided into three or more islands, euibiacing a splendid harbour large enough to accom- modate tiie navy of (Jreat Britain. The passage connecting the Gulf of Georgia and the inner channel, through which we passed in the Active (which we named the ' Active Passage '), is between the small islands into which Saturna Island is disintegrated. " Although a channel navigable for the largest vessels will undoubtedly be developed by the survey, it is not likely that it will, in all respects, be so situated as to answer the purposes of a boundary channel as well as the broad chamiel of the Gulf of Georgia, which averages twelve miles in width, at and south of the forty-ninth parallel. And yet if the letter of the treaty, and the motive which induced the departure of the boundary line from the forty-ninth parallel, be alone looked at, there can ue no doubt that the inner channel may be claimed as the channel which separates the continent from Vancouver's Island, on the same ground with the Canal de Haro, viz., that it is the nearest channel to Vancouver's Island, and that the object of the line in the treaty was simply to avoid cutting off the southern end of Vancouver's Island, and to give the whole of it and its harbours, and nothing more, to Great Britain. " But the Canal de Haro is not claimed alone on the ground of its being the nearest channel to the island ; although a legiti:.uxte construction of the treaty, the evidence of Mr. McLane is added to support it. It is also the main channel, and, in connection with the Gulf of Georgia, constitutes the main channel from the lorty-ninth parallel to the Straits of Fucu. This channel is the true and natural boundary between the continent and Vancouver's Island, and undoubtedly is the SAN JUAN WATKR BOUNDARY. 205 channel understood between Mr. McLaiie and Lord Aberdeen, and intended in their general description of the line. Mad the maps ot that day represented the space between tiie continent and Vancouver's Island as it is now known, the (xult" of Georgia and Canal dti Ilaro would have been designated by name in the treaty as the boundary channel, on the ' generally admitted principle' that tliey constitute the 'main channel,' although it would be conceding to Great Britain, in adtlition to ' Vancouver's Island and its harbours,' an extensive group of islands south of the forty-ninth parallel. " At the time they agreed upon the line, tiiey were ignorant of, or at least our Government was ignorant of the existence of the archipelago in the vicinity of the forty-ninth parallel and inunediately .south of it. It. therefore, would be questionable policy to claim tiie channel west of the(Julfof Georgia. It would weaken tlie position already taken in regard to the main channel, though it may be brought witli much force as an argument against the Biiti>li ( Jovernnu'iit, who, without the slightest show of right, have claimed the channel nearest the continent, and all the islands west of it, in the very face of the letter and spirit of the treaty ; while tlie United States, in their attempts to carry the treaty into etl'ecr, have waived the rigid construction of the letter of the treaty, and even its plain and obvious meaning, by a liberal iiUerpre- tation of it, as well as the intentions of the negoeiators, so as to make the main chaunel the boundary between the territories of the United States and Great Britain. In this respect the contrast between the course of the two Governments is most striking. " I have the honour to be, very respectfully, your obedient servant, " AHl'l[ri!ALl> CAMl']3i;r-L, " Commissioner North-west Boundary Survey. " Hon. Lewis Cass, Secretary of State." 5 - ■ i'\ ■ •'■■■'- *ji^Ml \ '"*■ m: 1^1 il Ho^^H >■; t'"' ■ . JV il! w^ fii ■1 !f:'v.A ?•■'■'■■■ 206 SAN JUAN WATER BOUNDARY. h.r. ifsS' ' " ' ■ &•'■-' 1«- '' "'■ ■•** ' ' f'^ 1 H;' ^^•- ' ■•' m^^/ ' W-': it**'-t .■ Mr. Campbell annexed to .his letter the following (amongst other) Enclosures : — (Enclosure A.) " Copy of Proposition for Partition of the Oregon Territory, ^c. " The following is a copy of the proposition for a partition of the Oregon territory, in so fossess witliout anysijedal conjirmation) the right freely to use and navigate the strait throughout its ex- TENT. " Note. — The words of tlie treaty describing the boundary line, and those of Lord Aberdeen and Mr. McLane, are in small capitals when they are identical, or nearly so, and in italics when they difler but liave the same meaning, viz., the channel nearest Vancouver's Island. The language of the proviso and of the statement of its conditions by Mr. McLane is in small capitals, so far as it may be considered iden- tical in meaning. Where they appear to dili'er in that respect it is in italics. It will bo observed that Mr. McLane uses the comprehensive word 'etru't,' covering the entire length of the navigable sjjace between Vancouver's Island and the continent, from ocean to ocean, and such undoubtedly was the under.'^tanding between himself and Lord Aberdeen of the conditions that were to be introduced into the proviso. " A. C." ■*■ . 'I "?'■ m I BMU" y«" p f pr |!i ;■ , ■^ ft i. 4' 208 SAN JUAN WATER BOUNDARY. " Correspon'lenre showing the Earlij Pnfenmms of Ihe British Government to the Ishtvtls cant of the Canal de Ilaro. (Enclosure C.) " Mr. Boyd to Mr. Bucliaiian. *' London, October 10, 1840. " Srii, — Through oliatniels not strictly official, yet I con- ceive entitled to iuiplicit reliunce, it has recently come to my knowledge tliat an idea is entertained of certain British subjects of founding a settlement upon Whidbey's Island, o..e of the islands situated within the Straits of Fuca, south of the forty- ninth parallel. Whether formal application has yet been made to Government for its sanction, I am not informed, but there can l)e little doubt that Government has been led to expect such an application, and in this expectation has been thrown into some doubt wlietli(M", according to the l)oundary described in the late Oregon treaty, viz., the mid channel through the Straits of Fiu-a, Wliidi)ev's Island would fall within British or American jurisdiction. " r>eing unauthoriscul to pursue this subject otlicially, and obliged, e.eii unollicially, to approach it in a very distant and cautious manner, I am uiuible to ascertain who are the parties proposing the settleuuMit in question, wiiat would be its nature and objects, or whether the ])ositi()n of Whidbey's Island would render its possession a matter of military or political im- portance. " [ de(MU it propel', however, to mention the suppo«ie;l pos- sibility that the ascertainment of tlu>inain channc>l throuiili tlu^ Straits of Fuca may be a matter ol sonu' doubt, in order that if the department be not already in possession of evidence clearly dehning this line, it may taki* the occasion through our cruisers in those si'as, or otiierwise, at once to collect, if desi- rable, such information as to meet the ([uestion whenever it may be formally prescMited. " It may not be im[)roper, moreover, to rej)ort certain in- ferences from the conversations in wliii'h this subject was brought to my notice which it was probably intended 1 should SAN JUAN WATER BOUNDARY. 209 draw, and expected that I should communicate. The con- viction was left upon my mind that the proposed settlement of Whidbey's Island is a scheme altogether of private origin, and one which her Majesty's ministers rather unwillingly find forced upon their attention ; that they would deeply regret the occur- rence of any dilliculty in tracing the channel of the Strait of Fuca, would gladly adopt any suitable mode for its ascertain- ment, and would care much less about the distribution of the small islands in diat sea than for the prompt establishment of the treaty line. (') " I was also led to believe that a ready disposition on the part of our Government, now that a point presents itself which is one of mere fact and science, to submit its solution to a proper professional tribunal, might very much serve to c(.'.'rect the unfair interpretation recently put upon the President's refusal to submit to arbitration in a (juestion not suitable for that mode of decision. " I remain, sir, very respectfully, your obedient servant, " J. McIIenry Boyd. " Hon. James Cuchanan, Secretary of State. (Enclosure D.) " Mr. Bancroft to Mr. Buchanan. " Lonilon, November o, 1S4G. While in the Navy Department 1 caused a traced copy of Wilkes's chart of the Straits of llaro to be made. If not needed in the Navy Departnu'ut I recjuest that the President will direct it to be sent to this legation. It is intimated to me that (pu'stions may arise witii regard to tlie islands east of that strait. I ask vour authority to meet any such claim at the threshold by rho assertion of the ceiitr;d channel of the Straits K-S llaro as the main ehamiel intended l)\ the recent treaty of Washington. Some of the islands, I am well informed, are of \alue. Very res )Octfully, your obedient servant, " (Jr.oiuiK Bancroft, "lion. James Buchanan, Secretary of State." (') I would call atti'iition to thi'Ho roimirks, us whowin^r Mint Mi. Cumiilii'U wiiH not .justiHod in iinputiiiK Hiiiintor iiiotivoB to Iho Minihtcra ct' Orcat Uritiiiu in tlu'ir oondiu't of this qiicHtion. ■ 1 ■ ■ a-i-l r^ 1^1 ■ t ■■■ m 210 SAX JUAN WATER BOUNDARY. IS.. ■/ , ift <-.r M (Enclosure E,) " Mr. Buchanan to Mr. Bancroft. " Department of State, Washington, Decenther 28, 184(3. " SlU, — I have obtained from the Navy Department, and now transmit to you, in accordance with the request contained in your despatch No. 1 [November o], the traced copy of Wilkes's chart of the Straits of ILiro. This will enable you to act understandin, 1817. "Sill,— -X- ■!<- ^ >^ * ^■ " While on this point 1 ought to add that my iittention has Cj Aiiioricau Sltilo I'ltporH, {). Ul. yjt! *. SAN JUAN WATP:R BOUNDARY. 211 again been callotl to the probable wishes of the Hudson's Bay Company to get some of the islands on oui* side of the line in the Straits of Fiica. I speali only from my own judgment and inductions from what I observe and hear ; but it would not surprise me if a formal proposition should soon bo made on the part of the British Government to run the line between the two countries at the west from the point where it first meets the water through the straits to the Pacific Ocean. " Such a proposition is in itself very proper, if there be no ulterior motive to raise unnecessary doubts and to claim islands that arc properly ours. The Muiistry, I believe, has no such design. Some of its members would be the first to frown on it. But I am not so well assured that the Hudson's Bay Company is equally reasonabli^, or that on the British side a boundary commissioner might not be appointed favouring the encroacliing propensities of that Company. * ^fr * * * * * " I am, &c., "George Bancroft. "James Buchanan, Esq., &c., &c., &c., " Washington City. m (Enclosure G.) " Mr. Bancroft to Mr. Buchanan. "United States Legation, London, August -I, 1848. "Sir,- * -^ , * ^ * * " The ILidson's Bay Company luivi^ been trying to get a grant of Vancouver's Island, l inquin'(l, from mere curiosity, al)()Ut it. Lord Balmerston replied that it was an affair that belonged exclusively to the Colonial Oiruv*, and he did not know the intentions of Lord (i rev. U' th.'u tohl me what I had not known In-tore, that he hid made a propo-^ilion at Washington for marking the boimdaries in the north-west by setting up a landmark on tlie point of l.ind wIkmv the forty- ninth parallel touches the sea, and for ascertaining the division C) 2 ■■^k 3 t ? - .Va it\<:y J, ;i>?' w, ;.,!. 212 SAN JUAN WATER BOUNDARY. line in the cliannel by noting tha 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 Ilaro did not require to be divided, since the navigation was free to both parties; though, of course, the islands east of the centre of the channel of Ilaro were ours. He had no good chart of the Oregon waters, and asked me to lot him see the traced copy of Wilkes's chart. He spoke of the propriety of settling 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 enclose a copy. "I am, &c., " George Bancroft. " James Buchanan, Esq., " Secretary of State, Washington, D.C. (Enclosure II.) " Mr. Bancroft to Lord Palmerston. " 00, Eaton Square, July 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 Wilkes's chart of the Straits of Juan de Fuca, Puget's Sound, itc, kc. Unluckily this copy does not extend (piite so far north as the parallel of 41)'^, though it contains the wide entrance into the Straits of Ilaro, the channel through the middle of which the boundary is to be continued. The upper part of the Straits of Ilaro is laid down, though not on a large scale, in Wilkes's map of the Oregon IVrritory, of whicli, 1 am sorry to say, I have not a copy, but which may be found in the atlas to the narrative of the United States Exploring Expedition. " I remain, my dear Lord, very faithfully yours, " CiEOiioE Bancuoi-i. *' Viscount Palmerston, kc, kc. ■>■' SAN JUAN WATER BOUNDARY. 213 (Enclosure L) " Mr. Bancroft to Mr. Buchanan. " United States Legation, London, October 19, 18-48. " Sir, — I send you a map of Vancouver's Island, recently published by .James Wyld, geographer to the Queen. It pur- ports to mark by a dotted line the boundary between the United States and Great Britain. You will see that this map suggests an encroachment on our rights by adopting a line far to the east of the Straits of llaro. Yow. may remember that Mr. Boyd, more than two years ago, suggested to you that a design of preferring some such claims existed. (') I inferred, from what I could learn at that time, that this design grew up with the Hudson's J]ay Company, and I had no reason to suppose it favoured by the Colonial Secretary. " I am, (fee, " James Buchanan, Esq., '' Secretary of State, Washington. " (jeoroe Bancroft. (Enclosure J.) " Mr. Bancroft to Lord Palrncrston. " 108, Eaton Scpiare, November 3, 1848. " My Lord, — I did not forget your Lordship's desire to see the United States surveys of the waters of Puget 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 lirst co[>y which I have received. " The surveys extend to the line of 40'^ ; and, by combining two of the charts, your Lordshij) will readily trace the whole course of the Channel de ilaro, through the middle of which our boundary line passes. [ think you will esteem the work (lone in a manner very creditable to the young navy otlieers concerned in it. " I have the honoin*, &e., " (jKORdK HaNCUOFT. ::'<'M ■R ,\r (') Seo lottor of Mr. Uoyd to Mr. Buchiiuivn, lOtU October, 18t0, ante, p. 20S. m i tv.,'' f * I i *jA' ■■■ - • r-'^ * -I!.;' '■."■'I h'V M- 214 SAN JUAN WATER Bi>UNDARY. (Enclosure K.) " Lord Palmerston to Mr. Bancroft. " Foreign Office, November 27, 1848. " Sir, — I beg leave to return to you my best thanks for tiie surveys of Puget's Sound and of the (Julf of Georgia, which accompanied your letter of the 3rd instant. " The information as to soundings contained in those chaits will no doubt be of great service to the commissioners who are to be appointed under the treaty of the 15th of June, 184G, by assisting them in determining where the line of boundary described in the first article of that treaty ought to run. " I have the honour to be, with high consideration, sir, &c., " George Bancroft, Esq." " Palmekston. On the 14tli of June, 1850, Mr. Campljell addressed a letter to Mr. Cass, the lang-uage of which appears to justify in some measur« tlie charge suhsequently made against him by British residents in Victoria, tliat he had instigated the violent proceedings on the part of General Harney which 1 am about to describe. " United States North-west Boundary Commission, (') " Camp Simiahmoo, June 14, 1859. " Sir, — I regret to be obliged to inform the department that no further progress in the determination of the water boundary has boen made since the proceedings of the 3rd of December, 1857, when, after a full discussion of the ques- tion. Captain Prevost, upon a fictitious issue of disagreement between us as to the meaning of the words of the treaty defining the boundary between the continent and Vancouver's Island, proposed a reference of the whole matter to our respective Goverinuents. As I did not concur in this proposal, for reasons which are obvious, whate\er reference Captain V vost may have nuido to his Goverinnent was made upoji ( own responsil)ility. And it seems to me that, after the (,') Aiuorioan State Papers, p. 88. m SAN JUAN WATER BOUNDARY. •2[:) m4 r-: mi ir's lap^e of ciglitecn months, he should be instructed by his Government cither to adopt the boundary clumnel according to my interpretation of the treaty, sustained by contemporaneous evidence showing it to be in accordance with the intention of the negotiators, or be provided with counter evidence of equal weight to sustain the correctness of his remarkable construction of the language of the treaty. " Captain Prevost's studious avoidance of the production of any evidence showing the understanding of his Government as to the boundary channel intended by the treaty, his repudia- tion of that which I laid before him, proving ihe absurdity of his interpretation, and his blind adherence to the mere letter of the treaty as he chooses to construe it, taken in connection with his proposal to split the difference between us by a division of the group of islands (artfully involved dispute), is the very best evidence that his Government have not the shadow of foundation for claiming the boundary channel he professes to derive from the ' very peculiar wording ' of the treaty. " I have recently learned from Captain Prevost that he has not received any instructions from his Government upon the subject of the reference made by him * on account of the contrary views entertained by us,' nor is he aware when it is probable that he may receive instructions. " Several citizens of the United States have recently settled on San Juan Island, one of the disputed islands, and the nearest to Vancouver's Island. As the Hudson's Bay Com- pany also occupy it, dilliculties may be anticipated if the question of the boundary channel be not speedily settled, i would therefore resi)ectfnlly urge upon the department the importance of calling the attention of the IJritish Government to the subject. " I have the honour to be, very respectfully, " Your obedient servant, " Auciiiit.M-n Campisell, " Commissioner Jsorth-west Boundary Survey. " Hon. Lewis Cass, Secretary of State." •r- ^■..-■.'1 • '^r . m' ffl ^m •..■:'■..■ ■:ir-'?^ ■ 'V ' ".*.■'•' M ..; t,-% ., ■ '■h V". ' -^ /- • V ":? ■ * ■■ .■ , -'^ .' - ; m ;■;;<<•■■. f' '.fl ■ Hi; 1;;:: ' k '"\' kKMIi"' li-ii' ,1' h'> ■ m. 210 SAN JUAN WATER BOUNDARY. A few days after writing this letter, the United States Commissioner again wrote to Mr. Cass, and enclosed the map, a copy of which is annexed to this volume. The letter was as follows :(^) — " Camp Simiahmoo, June 21, 1859. " Sir, — In my letter to the department of the 20th of January, I referred to the fact that the channels and islands com- posing the archipelago skirting Vancouver's Island at and im- mediately south of the forty-ninth parallel had never been accu- rately laid down on the maps representing the space between the continent and Vancouver's Island, and stated that Captain Richards, Royal Navy, surveyor of the British water boundary commission, had recently been engaged in making a survey of this archipelago, and that as soon as I was furnished by him with a copy of his map I would forward to the department a tracing of the Coast Survey chart corrected in that par- ticular, and I now have the honour herewith to transmit it accordingly. " I also stated that a general impression had been created that the channels of the archipelago were only navigable for small steamers. It will be seen by the soundings laid down in the accom{)anying chart, that this is an erroneous idea, and that they are navigable for vessels of the largest class. In respect to navigability merely, they are theretore on an equality with the channels claimed or proposed as ' the channel ' through which the boundary line should be run ; while in other respects, with the exception of the main channel^ the channel of the archipelago jiearcst to Vanconvcr s Island has the first claim to bo considered ' the channel which separates tiie continent from Vancouver's Lland.' " At the time the treaty was concluded the archipelago at the forty-ninth parallel was represented on the uia{)s of that day as a part of Vancouver's Island, and, consequently, at and immediately south of the forty-ninth parallel to about latitude (M American State Papi'iv, )>. 88. h-' 'ii|i ^ ■ SAN JUAN WATER BOUNDARY. 217 '18° 47' there appeared to be but a sinj:fle channel between tlie continent and Vancouver's Island. Tiie line contemplated by the negotiators of the treaty must therefore necessarily have been through the middle of that channel (the Gulf of Georgia) until it reached the Archipelago do Ilaro, not, as asserted by Captain Prevost in his letter of October 28, 1857, to be ' the fact that at the forty-ninth parallel there is only ojie navigable channel lying between the channel and Vancouver's Island,' but because only one was known to exist at and prior to the date of the treaty. This assertion of Captain Prevost is the more remarkable, considering that in lSo3 he, to some extent, explored the channels of the archipehigo west of the Gulf of Georgia ; and the name of the steamer, Virurjo, which he commanded at the time, is indelil)ly connected with a passage from the Gulf of Georgia to the inner channels near Vancouver's Island. In passing through what the early Spanish navigators named ' Portier's Inlet,' a little north of the forty-ninth parallel, the steamer encountered a rock, which created some aj^prehensions for her safety. On the Coast Survey chart the inlet is designated by ' Virago Hock,' and is generally spoken of as Virago Passage. " The maps in use l)y the negotiators of the treaty repre- sented the Arcliipelago do Ilaro with sullicient accuracy to show that there were several channels coimecting the Gulf of (.ieorgia and Straits of Fuca. The literal meaning of the treaty would indicate the boundary channel to be the nearest channel to Vancouver's Island, and it has been satisfactorily proven that such was the intention of the negotiators by the production of contemporaneous evidence, showing the object of the deflection of the boundary line from the forty-ninth parallel to be merely to give the whole of Vancouver's Island to Great Britain, with the uncU'niable understanding of both Governments that, to acc()nii)lish this object, the boundary line was to reach the Straits of Fuca through the Canai de Ilaro. The desi)atches of Mr. McLaue and Lord Aberdeen of jNIay 18, 1810, alone, are sullicient confirmation of this fact; but they are amply sustained by other contemporaneous evi- ■^>' "'K.' ^'r 218 SAN JUAN WATER BOUND \RY. L> .''*■■ ■■ ' :}'■ ■;■ R* '. ■.' . V dence. Mr. McLanc mentions the name of the channel nearest Vancouver's Ishmd (the Canal de Ilaro), where more than one was known to exist, without specially stating the object of its selection. Lord Aberdeen specifies distinctly the object, viz., ' to give to Great Britain the whole of Vancouver's Island and its harbours,' without naming the channel which would accomplish it. " Before I entered into the discussion of the boundary question with the British counnissioner, the language of the treaty seemed to me to be susceptible of two distinct interpre- tations, either that ' the channel which separates the continent from Vancouver's Island ' meant the neaiVst navigable channel to Vancouver's Island, without regard to its relative size, or that it might mean the inain channel between the continent and Vancouver's Island. "A careful investigation of the subject, with all the light thrown upon it by the contem])()raneous evidence I then possessed, led me to the conclusion that a combination of these two inter[)retations would best enable me to carry the treaty into effect, in accordance both with its lottcr and spirit. "My conclusion was that the Gulf of Georgia and the Canal de Ilaro constituted the boundary channel understood and intended by the framers and signers of the treaty. If the true interpretation of the treaty be that ' the chatmel' through which the boundary line is to be run is the main channel, the line I have claimed is then the line intended by the treaty. If, however, ' the channel which separates the continent from Vancouver's Island ' is to be construed as the nearest channel to Vancouver's Island, the line should be run so as to throw the archipelago, west of the Gulf of Georgia, on the American side of the line. "In admitting the Gulf of Georgia to be ' the channel' intended by the treaty, between latitude 49'' and 48" 47', I did so with some reluctance, as I considi red the principle upon which the water boundary was established to be merely to avoid cutting oft' the southern end of Vancouver's Island, so as to give the whole of the island to Great Britain, and no more. ■#'j f) SAN JUAN WATER BOUNDARY. 210 But as the channel witliin the archipelago, at the forty-ninth parallel nearest Vancouver's Island, was not considered well adapted to a boundary channel, and, indeed, was little known, I took the broad view, as the Gulf of Georjfia was the main channel, and as at the time of the treaty but one channel was known to be in existence, that I should be carrying the treaty into effect in good faith towards my own (Jovernment, and most liberally towards Great Britain, by ignoring the archi- pelago, so as to place myself in the position of the negotiators of the treaty when they had the maps of the day before them. " The refusal of the British commissioner to adopt the Gulf of Georgia and the Canal de llaro as the boundary channel, together with the additional contemporaneous evi- dence I have gathered since my di-n/ ^K 1.: ' ■»'■■■ ,r,.v \ T 220 SAN JUAN WATER BOUNDARY. n ?^.l'. i m/ ': i^ pt.i •'■•!' 'r', tte . ... .■■'-»■■ ■ r5>' ■■• Bellingham Bay, and Paget Sound, Rosario Straits will be most convenient to American vessels. But between the Pacific Ocean and Point Roberts [American territory], the Canal de Ilaro is ecjually convenient for American vessels as it is for Britisli vessels bound for Fraser River, a few miles north of it. In no point of view, however, is Rosario Straits necessary for British vessels, unless the Archipelago de Ilaro become British territory. " The Canal de Ilaro being the only link in the boundary channel between the forty-ninth parallel and the Straits of Fuca, which has been proven by contemporaneous evidence, the question is upon what principle was the Canal de Haro understood to be ' the channel which separates the continent from Vancouver's Island ?' It must have been either because it was the channel nearest to Vancouver's Island, or because it was the main channel. If the former, the archipelago skirt- ing Vancouver's Island to the forty-ninth parallel belongs to the United States ; if the latter, the Gulf of Georgia is the boun- dary channel, and this archipelago belongs to Great Britain. This group of islands is the only one about which any dispute could be got up with plausible show of fairness ; and the liberality of the United States in proposing to adopt such a line as would give it to Great Britain, has hitherto prevented such a dispute and transferred it to the Ilaro group. " Upon the accompanying maj) will be found the following lines traced through different channels, viz. :— " 1st. The boundary line contemplated by the treaty, as shown by contemporaneous evidence, through the middle of the Gulf of Georgia and Canal de Ilaro, the inain channel betweeii the continent and Vancouver's Island. " 2nd. The boundary line claimed by the British iHjm.nis- sioner, through the Gulf of Georgia and Rosario Straits, on the pretence that ' the channel which separates the continent from Vancouver's Island' means the channel nearest to the continent. " 3rd. The boundary line proposed by the British com- missioner as a compromise, through the Gulf of Georgia, a |;':iMV'\f "?'i. SAN JUAN WATER BOUNDAllV. 00 1 ^ 4W L part of the Canal de Haro, and the channel east of San Juan Island. " 4th. The boundary line which might be claimed by the United States in accordance with the letter of the treaty, or by adopting an interpretation of it so as to carry out the sole object of the deviation of the boundary line from the forty-ninth parallel to the ocean through the Straits of Fuca, viz., to give the whole of Vancouver's Island to Great Britain, " 5th. Track of steamers plying between Victoria and Fraser River since the discovery of gold. " I have the honour to be, very respectfully, " Your obedient servant, " AiiciiiBALD Campbell, " Commissioner North-west Boundary Survey. " lion. Lewis Cass, Secretary of State." In the meantime, Mr. Campbell had, on the IStli of May, 1859, addressed a letter to Captain Prevost, stating that nearly eighteen months had elapsed since the last meeting of the commission, and furtlier, as follows :(^) — " I have the honour, very respectfully, to request you to inform me whether I am to expect any further communication from you in regard to the determination of the water boundary, and if so, at what period of time I may probably look for such communication," To this Captain Prevost replied as follows :(■) — " Iler Britannic Majesty's ship Satellite, Esquimault, "Vancouver's Islanil, May 27, 18ol). " Sir, — I have the honour to acknowledge the receipt of your letter of the 18th instant, referring to a meeting of the joint commission held upon the 3rd day of December, 1S57, ') American State Papers, p. lOS. (») IcJew.p. 100. '>■:■ ■■*, m 00 my. SAN JUAN WATER BOUNDARY m': ifv ■.■.•• sfeA, .V ■,,■■■ CI ■■•* ■ W tk'^ ^•- W.:-' at which you state I proposed that a reference of the whole matter connected witli the water boundary should be made by each con.uiissioner to his Government, and as you did not concur in sucii proposal, and as eighteen months have elapsed without any subsecpiont proceedings, requesting to be informed whether you are to expect any further connnunicatiou from me in regard to the determination of the water boundary. " 2. It seems to me tiiat this letter conveys the implication that the delay which ''as takiMi place in tne determination of the line of water boundary originated from my act, and now rests entirely with me. 1 therefore feel called upon, in justice to myself, to oiler a few remarks, and to submit that a review of the facts coimected with the question will show that the very opposite is the case. " 3. I am not uimiindful that I made the suggestion for a reference of the matter in dispute between us to our respective Governments ; and why did I do so ? Purposely to facilitate its settlement. " You objected to such reference, but for wl.at reason I am not in a position to judge. " 4. Ft needs- not that I should enter ir'.or^iny recapitulation of the cor •es[)()nt ; on the contrarv. the verv argument vou adduced, founded upon evidence which was unt the treaty, only served to confirm my opinion and to establish me in my view as to its correctness. In such a cnse it would nrilher have been an unnatural nor nnrersonable proceeding on my part, had I (letermined re- solutely to adhere to the views I entertainiMl, and not to d(>part one iota fron: tlu> line which I iIumi believed, which [ now believe, to be the lim* of boiuidiry c-tahlislied by the treaty; but, actuated by con-orient ions motives in fnlly recognising the im[)ortance of a s[ie('(ly si>tihMnei;t of the n\atler, in possessiny SAN JUAN WATER BOUNDARY. 0«i the most earnest desire to effect that settlement, and in firmly believing that it was the province of the commissioners to adjust any disagreement, without reference, by mutual con- cession and forbearance, I frankly offered to meet you half-way if you would reci[)rocoLe in the same spirit. This conciliatory offer on my pan you positively refused ^o entertain, and I therefore think I am justly absolved from ttie deliy which has in consequence arisen. " 5. I would, with the utmost respect, wish to remind you that on the IGth August last a joint commission meeting was held, at which I expressed my readiness to concert certain measures which it was desirable should then be completed ; but proceedings therein were again delayed, not from any desire on my part, but through your declining to act unless I deferred in toto to the views you entertained in connection therewith. " (5. In conclusion, T beg to acquaint you that I have not received any instructions from my Government U[)on the sub- ject of the reference made by me on acv;ount of the contrary views entertained by us, nor am I aware when it is probable that 1 may receive instructions. " Permit me to assure you of my consideration and esteem, and believe me to remain your most obedient and hiunble '^''''■^■'"'^' " jAMr-:s C. rUKVOST, " ITer Miijesty's Commissioner, kc, Sic. " Archibald Cauqjbell, Escp, " Connnissioner on Uie part of the United States, kc, kc.'" Mv. Campbell n-pliod in tlie rollowiui"- terms : (') — " United States North-west I'.oundary Commission, " Canq) Si>\lahmoo, ,Iun(> 7, \^')'K «' ,Klll, — I have the honour to acknowledge tlie reci'ipt of your letter of the -Till ultimo, in reply to mine of the ISth. '."he object of my letter, as stated thrnin, was ' to reipiest you (M Amcricau Stato I'.iijors, j., IIU. -iJ-l ■ <'! ■s^ I. ir^-. Mi"**;?- h'.'i. ,'':■■ I m':' r-'V'; m^^'-'' W': } 1i ')! '», ■S^'. i, % 224 SAN JUAN WATER ^lOUNDARY. to inform me whether I am to expect any furtlior communica- tion from you in regard to the determination of ilie water boundary ; and if so, at what period of time I may probably look for such communication.' " In reply thereto, you say, ' I beg to acquaint you that I have not received any instructions from my Government upon the subject of the reference made by me on account of the contrary views entertained by us, nor am I aware when it is probable that I may receive instructions.' " As your reply does not contain the information I asked for, I have the honour again to call your attention to my in. cjuiries, and very respectfully to request an explicit answer thereto. " I have the honour to be, very respectfully, your obedient servant, " AnoniBALD Campbell, " United States Commissioner. " Captain James C. Prevost, R.N., "British Commissioner, &c., kc, ply does not contain the information you asked for, you again beg to call my attention to your inquiries, and request an explicit answer. '* 2. In return thereto, I beg very respectfully to refer you to my aforesaid letter of the 27th May, which, with every deference, I submit, when taken as a whole, conveys to you a very explicit answer to your connnunication of the 18th uhimo. (') Auioricun Stato I'apoi'H, p. 110, SAN JUAN WATER UOUNDARY, O r, 1^ t*> o ^-^-« ^1 .0 " With every ass.imuce of eons'uleration, I have the honour to be, sir, your most obedient servant, " James C. Prevost, " Her Majesty's Connnissioner, &e., &c. " Arciiibakl Campbell, Esq., " Commissioner on the part of the United States, &c., &c." Tlie United States Commissioner aijain wrote on the 9th of July, stating that the letter of the ;27th of May contained only a very circumlocutory and. evasive answer, and the correspondence closed with u lunnal ackuowledg-ment from Captain Provost. (') 21 ^tcr receiving" the copies of tlie commission and in 'ru'", (./IIS I'orwarded by Lord ^lalmesbury to Mr. Dallas, tlie United States Commissioner wrote to Mr. Cass as follows : (") — t (( |er |ry jou (( United States North-west Boundary Commission, " Camp Simiahmoo, August 4, 18o0. Sir, — I have the honour to acknowledge the receipt (on the 2oth ultimo) ol' your letter of the 8th of June. All of the accoiuiianyiiig docuuuMits were intoreiting to me, but the cxlrd't from Captain Provost's .secret instructions for his guid- ance was e.ssential io i projjer knowledge of the relations which now sul)sist bet .or ■, ? as joint commissioners. 1 find front, these instruct is n '\- ' was fully justified in the apprehensions I communlcatuvl ', 'iim (subsecp'.ent Lo our discussion on the houndury ([uestiou l; ^,uvemh^M• 1857), that he w;;^ virtually, if not positively, prohibited from adopting the Ca ! o ilaro as the boundary chauni'l inli'SKknl by tlu' treaty. A perusal of these instructions throws a Hood of lighi upon the tortuous and one-sided course which guided his action, with a view to briiijf about a disagreement and reference of the matter back lo our respect » Governments, unless he could accomplish the (') Amaii!' !»( £ibai.t> I'apors, p. 111. (-) Idem, p. lUlJ. V ■i t .' ' ' I It.' It" ■'•; V*-'.,i ' m >r. '" f ■. 1*-': *• ?-;,V fcV P.V -^ 22() SAN JUAN WATER BOUNDAKY. object his Government had in view. Having been furnished at an early day, through his Government, with a copy of my instructions, he iiad the advai'tage of knowing that I was in no way ham[)erod in regard to the channel through which the boundary line was to be run, while he knew that he dare not go further than the channel east of the island of San Juan. I cannot well conceive of a more dishonest mode of attempting to evade the obligations of a treaty, or a greater outrage upon the confiding disposition of the Government of the United States, than is exhibited in these instructions for the guidance of the British commissioner. Nor can I understand how an officer of the British navy could onscientiously undertake to carry a treaty into effect under sue ructions. " I have never regarded the duty : commissioner to carry the treaty into effect as of a diplomatic character. I have, therefore, from the outstart, been open and unreserved in my conununication with my colleagues both of the land and water boundary. But I have learned by experience that their views of duty are widely different from mine. I came out here to do a fair and honest business — to carry out faithfully, on the part of my Government, a contract entered into with Great Britain. Although the language of the treaty is as clear as day, and scarcely admits of more than one meaning, I did not plant myself upon its mere letter, but, finding that th*^ lapse of time, the changes of administration in our Government, and selfish interests on the part of the British Government, instigated by the Hudson's Bay Company, had enveloped its meaning in an air of obscurity, I made diligent search for evidence which would throw light upon the intention of the negotiators, framers, and ratifiers of the treaty, fully determined, whatever might be the result of my investigations, to give due weight to it, with- out partiality, fear, or favour. The various documents I have laid before the department will attest the sincerity with which I have laboured to bring forward the truth. The British commissioner, Captain V .'vost, on the contrary, has taken the very opposite course. The pursuit or fair consideration of evidence to iliioidale any obscurity in which the language of h' *'i' Ir*' an lich "avo iiich Itish ken SAN JUAN WATKK HOUNDAlll. 007 of the treaty might be involved from any cause wliatever has been most studiously avoided. A blind adherence to a tortured interpretation of the meaning of the words of the treaty has l)ceu with him apparently a sacred act of duty. This perverted reading of the treaty has been his infallible guide throughout my connection with him. And he has so resolutely shut his eyes to the light of the most authentic contemporaneous evidence 1 have laid before him, not only of the views of my Govern- ment, but also of his own, that I sincerely believe, though one should rise from the dead to confirm it, he would not give it credence. " That so amiable and estimable a gentleman as Captain Prevost should pursue a course so inconsistent with the ordinary dictates of common sense and good judgment, to say nothing of the demands of high honour, has been to me a source of the most unfeigned regret and mystification. If the British Government, however, has the right to exact of its agents an implicit obedience to its mandates, regardless of all considera- tions but its interests, i must do Captain Prevost the justice of bearing witness to his devoted loyalty. " I would respectfully call the attention of the department to the fact that there arc still some points which must be embraced in the instructions for Captain Prevost's guidance which are not to be found in i\\o extract forwarded to me. It is evident from the correspondence of Captain Prevost, that his claim to Ilosario Straits on the ground of the very peculiar wording of the treaty, and his main objection to the Canal de llaro by his interpretation of the word southerly in the treaty, are derived from instructions ; for he says in his letter of November 24, 1857, ' The high and oHicial authority to whom I alluded in my letter of the 9th i istant as the source of my infor- mation that the Vancouver, or Ilosario Strait, was the chaiuu?! contemplated by the British Government, is Her Majesty's present Secretary of State for Foreign Aft'airs, the Earl of Clarendon, and I cannot presume that he would intimate to me in writing, as ho has done, that such was the case, unless he hud substantial g<'ounds for doing so.' Lord Napier, while n m m mi ■:i% M • ,' * ■■,;;'i' [•/ ''^u X-- 2.08 SAN JUAN WATER BOUNDARY. 8«^t: ;'>V' ■li.i.-.WTl ^•■fk Al m ■ It f-- k tliX .!■■ li' t ;i repudiating * the very peculiar wording ' of tlio treaty, and Captain Prevost's interpretation of the word ' soutiierly,' informed me that the Earl of Clarendon seemed to attach some importance to them. I cannot but think, therefore, that these instructions or suggestions have been purposely omitted from the extract, and, as they really formed the great obstacles to an agreement between Captain Prevost and myself, 1 think it important they should be obtained. " A difficulty has also occurred in regard to an agreement upon the common initial point of tlie water and land boundary on the west side of Point Roberts, which, probably, is also the result of instructions. And I have also good reason to believe that Ca[)tain Prevost was authorised in some shape or form to negotiate with me for the disposal of the southern end of Point Roberts by exchange, make -weight, or otherwise. The manner in which the demarcation of tlie line across Point Roberts is held in abeyance by the refusal of the British com- missioner to mark it as the initial point, satisfies me that considerable importance is attached by the British Government to thvi possession of it, and that they hope by some fortuitous circumstance to secure it. *' As the department has fiu'nished the British Government with o.fHll copy of my instructions, tl' >re is no reason why they should not in return furnish full copies of their commissioner's instructions. I would therefore respectfully recommend that a/«// copy of the instructions of Captain Prevost be requested for the information of tlie Government, and that when received, a copy of so much of them as 1 have not already received in the extract be transmitted to me. " I transmit herewith, for the information of the depart- ment, a recent correspondence with Captain Prevost, from which it will be seen that there is little prospect of any progress in the determination of the line until the British Govermnent are called upon to give their conunissioner peremptory instruc- tions to adopt the Canal de Ilaro. At present he seems to be divested of all power to act by his reference of the (piestion to his Government, a condition of ail'airs anything but satisfactory. hilt «to(l Id in Lart- Iroin tress licnt [ruc- lo bo In to Lory. SAN .lUAN WATER BOUNDARY. 229 " Circumstances to which I will allude in a subsequent cotninuuication(') show the necessity of a speedy settleinont of the boundary question. And I would strongly urge u['ou the department decisive measures to bring it about. "As far as I am concerned, I am, as I have ever been, ready to settla it upon priuci|)les of common sense and inter- national law. It is for the department to take such steps as will provide me with a colleague whose powers shall be equal to my own, and whose sense of right and duty will not be so crippled by special instructions for his guidance as to render the honest and faithful execution of the treaty an impossibility. " I have the honour to be, very respectfully, " Your obedient servant, " AUCIIIUAU) CAMPnELL, " Commissioner North-west Boundary Survey. '* Hon. Lewis Cass, Secretary of State." It is desirable, both in the interests of (Jreut Britain and the United States, that Point lloberts should be placed in the possession of Great Britain, althouf^h by the treaty it is ^-iven to the United States. If its possession be insisted on by the latter country, a valueless strip of land juttin*^ out into the sea will be placed beyond the jurisdiction of the adjoining" territory of British Columbia. Bein<,' also, by its position and little value, placed virtually out of the jurisdiction of the nearest United States autlio- rities, this strip of land will prove a refui^^e for the wrouj^doers of both countries, and will be the source of numerous disputes. (') Amoriean State Papors, ]>. 112. ■^'1 ^t; ■W y^. m ••.'.*'•. ^ l' 'i^*/ /■-■' ■■>■*. » r m 111 ■{*■■>.■ ■■■. »'■*■'' fe Kl^';^(- «,!• ! i I V i. I CHAPTER X. If furtlier argument be necessary in aid of that of Capt, PrcA'Ost, I would base the claim of Great Britain to the Haro Archipelago firstly and mainly upon the clear and express language of the treaty of 1 840, and shall contend that no gloss or explanation of the same can be given outside the words themselves of that treaty, as, for example, by evidence of the probable views and intentions of its negotiators. Secondly (if such gloss or explanation be admitted), I shall argue that from the nature of the subject, from its inherent probabilities, from the evidence which is extant as to the views and intentions of the negotia- tors, from that which is required by international equity and by strict justice, as tending to place the contracting parties on an equality, the claim of Great Britain to the archipelago is incontestable. In proceeding to construe this treaty, I do not think it absolutely necessary, but it mjiy be convenient (liaving regard to the statements above quoted of ^Mr. Campbell), to state that the negotiator on the part of ( freat Britain was evidently actuated by iierfect good faith; and was influenced l»y no desire or thought of overreaching the United States, or of leaving any loophole (as is sometimes done by parties contracting) for escape from the provisions of the contract into w'lich he was about to enter. It will be conceded 0'- not licnt Ulr. L-t of I'ood lit of any |int(» icded SAN JUAN WATF.l? HOUXDARY :231 that (as Chief Justice Eyre remarked in his judgment, delivered with reference to another treaty between Great Britain and the United States), " The negoti- ations (of Great Britain) have been at all times dis- tinguished for their good faith, to a degree of candour which has been supposed sometimes to have exposed it to the hazard of being made the dupe of more refined politicians. "(^) Good faith on our part being conceded (and I do not intend to argue for one moment that the Govern- ment of the United States was not actuated by the most sincere good faith), E shall adopt a canon or rule of construction laid down by the learned judge above referred to : (~) — " We have but one rule by which we are to govern our- selves. We are to construe this treaty as we would construe any other instrument, public or private. Wo are to collect, from the nature of the subject, from the words and from the context, the trice intent and meaning of the confi acting parties. This rule is identical in principle with Vattel's first general maxim of interpretation : 'It is not allowable to interpret what has no need of interpretation.' " (') This rule of construction has jilso the support of the authority of the late Lord Brougham, who, in a judgment upon the construction of an Act of Par- liament, said : (*) — " The construction of the Act must be taken from the bare (') In the caao of Marryat v. Wilsou. Bosanquct ami Pullou's " Ku- poita," p. WO. ('■) Idem, p. 439. (•) Vatt'3l, lib. ii.. c. xvi., § 2()3. (*) In tho caso of Crawford v. Spoonor. Mooro'a " Indian Appeal Caaos," Vol. 4, p. 187. .'-■'■•'■ ;'■"■*'■ '^O^ ,'i ••.^ ■ ;•• fl, I ii?; ^J/'- ii ) ' . i Wl ii 232 SAN JUAN WATER BOUNDARY. i .(tl words of tlie Act, We cannot fish out what possibly may have been the intention of the Legishiture ; we cannot aid the Legislature's defective phrasing of the statute; we cannot add and mend, and by construction, make up deficiencies which are left there. If the Legislature did intend that which it lias not expressed clearly, much more,'if the Legislature intended some- thing very different, if the Legislature intended something pretty nearly the opposite of what it said, it is not for judges to invent something wiiich they do not meet with in the words of the text, aiding their construction of the text always, of course, by the context ; it is not for tliem so to supply a mean- ing, for, in reality, it would be supplying it. The true way in these cases is to take the words as the Legislature have given them, and to take tiie meaning which the words given natu- rally imply, unless where the construction of those words is, either by the preamble or by the context of the words in question controlled or altered, and, therefore, if any other meaning was intended than that which the words purport plainly to import, then let another Act supply that meaning, and supply the defect in the previous Act." I shall, then, in accordance with the above autho- rities, construe the hmguagc of the treaty without any reference cither to the probable intentions of its framers (other than can be gained from the context) or to any extrinsic evidence, and shall consider the subject as thoug'h everything- which they ought to have provided for lias been provided for, and as though the hydrography, topography, and geological formation of the district were as well known to them as it is to us at this day. The words requiring explanation run as follows : — " The line of boundarv between the territories of Her Britannic Majesty and those of the United States shall be con- tinued westward along the said forty-ninth parallel of north h" ■'■»; • SAN JUAN WATKR BOUNDARY. •:^'^ 'M lie to lis 111 lii- latitude to tlie middle of the channel which separates the con- tineij from Vancouver's Island ; and thence southerly through the middle of the said channel and of Fuca fc^ traits to the Pacific Ocean : Provided however, that the navigation of the whole of the said channel and straits south of the forty-ninth parallel of north latitude remain free and open to both parties." There is not one word in tlio treaty as to the contention on the part of the United States Govern- ment, that the line was deflected from the forty-ninth parallel, solely in order to give us possession of Van- couver's Island. Lookino* at the lauijuau'e of the treaty, the inference would be that the line was deflected .in order to give to Great Britain a free naviyfation of the entire channel or Straits of Georij'la. The phrases upon which a construction must be placed are " channel," " separates the continent from Vancouver's Island," " and thence southerly throui,di the middle of the said channel and of Fuca Straits." The word channel is used twice, but in each case it lufers to the same channel. I think there can be no doubt as to the meaning- of the word : on the one hand, a shallow strip of water would not satisfy its meaning, since it must be a na^■igable channel ; on the other hand, a uniform depth of sixty feet would not be required in order to constitute such a forma- tion. The Eosario Channel C) is of sulhcient width, and is navigable for -vessels of the largest class, (ireat depth is unfavourable to navigation, inasmuch as no anchorage can be found. With reference to the second phrase, the argu- (') American State Papors, p. 13. I. ,..,■ >i '■' -J I '..>'^ ? '' K:^l- %:^^ I iiil i '■- " ■ -.V I H-: •U--'; Hi! I- j^^;:-: S'i! ■I 231 SAN JUAN WATKll BOUNDARY. ment of Captain Prevost, the British commissioner, is to my mind conclusive. Vattel says,(^) that treaty makers should not designedly depart from the common usage and appropriate meaning of words, and that it is presumed that they have conformed to established custom in this particular, as long as no cogent reasons can be adduced to authorise a presumption to the con- trary ; for that the presumption is, in general, that things have been done as they ought. In the present case the form of language commonly used is exactly reversed ; instead of saying " which spearates Van- couver's Island " (the lesser) " from the continent " (the greater), the treaty says, " which separates the continent (tlie greater) from Vancouver's Island (the lesser). Had the contracting parties used the ordi- nary form of expression, there might have been some room for argument on the part of the United States, but the p'lrties (j udged by their own language) were careful to exclude all possibility of doubt or argument by departing from the usual mode of expression, and using a form by which their meaning is most clearly and unmistak ibly evidenced. The contracting parties evidently placed themselves in the position of a man walking westwards along the continent, laying down the boundary line, and then, taking the nearest channel, that is, the one " which separates the continent," drawing the boundary line down the middle thereof. So, if they had commenced the demarcation of the boundary line from Van- couver's Island, the y would have made use of a form (') Vattel, lib. ii., c. xvii., § 271. SAN JUAN WATER BOUNDARY. 335 :m res |n, Ine led m- :ni of expressiou exactly the n^verse of what they did use. But the channel intended by the treaty must fulfil other conditions besides being navigable and being the one " separating the continent from Vancouver's Island;" a line commencing from the north of it, drawn through the middle of it, must run in a southerly direction. The words of the treaty which refer to this point should be construed as follows : " and thence southerly through the middle of the said channel and [through the middle] of Fuca Straits to the Pacific Ocean." Any other interpretation would lead to an absurdity, aud, therefore, according to Vattel, ought to be rejected Q). Now it is strange that the negotia- tors of the treaty did not use the words " due south," inj ' of " southerly," and the use of the latter form of CApression powerfully supports the contention of Great Britain. Three main channels are recognised by geogi'aphei*s as nmning between the continent and Vancouver's Island : the Haro Strait, in fact com- posed of two channels, the one proceeding in a westerly, the other in a southerly direction ; the channel of the compromise proposed by Lord Kussell, also made up of two or more channels ; and the llosario Strait. In order to fulfil the requirements of the treaty, the "channel" must be a contiiuions channel separating the continent from Vancouver's Island, running from the north in a southerly (Erection, and joining the Straits of Fuca. I venture to submit that the Rosario Strait is the (') Vattel. Hb. ii., c. xvii., § 282. %, m ■ I ,^i ■■■■' !»•• <" LVr Iv'jr.t . ft . • li 4: 3G SAN JUAN WATER HOUNDAllY. only cliaiinel wliicli fulfils all those requirements, and that it I'ulfils them strictly and to the letter. Firstly. — The stretch of water, flowinj^'- from the middle of the Straits of Georf;-ia, on tkic forty-ninth parallel of north latitude, throH<4h the l*(»sario Straits, and to the Straits of Fuca, may be correctly described as one continuous channel. The Ilaro Strait, as has been stated above, is nuide up of two distinct channels, one called the Saturna Channel, the other Ilaro Strait pro))er. The same remark applies to the channel of the compromise, which, as a glance at the map will show, is also made up of one or more distinct chan- nels or straits. Secondly.— The Rosario Strait separates tlie con- tinent of America from Vancouver's Island, which the other channels cannot, accordiim' to the ordinary and received use of lang'uag'o, be said to do. Thirdly. — The last-mentioned strait is a channel throuL»h the middle of which a line could be drawn which would run from the forty-ninth parallel, "south- erly" and "throno'h tln^ iiiiddle of Fuca Straits to the Pacific Ocean." A line drawn throun'h the JIaro Strait chainiel would run lirst southerly, then due west, and then soutlierly to the Straits of Fuca. It is contended, however, on the ])ai't of the United States, tluit ///'• IU< r(tl rc(tiliii(/ or prrc/'w ironJhit/ of the treaty can lead to no safe or certain conclusion as to its meaniiiLT ; an( lit is SOUi, •ht to (Den a vaji'ue and unsatis I iti factory inquiry into the intentions of I he contraetin;^' j)arties aiultho motives l)y which they were actuated. (') (') Aiiicruian iStiih' I'mixth, p. 113. V ' . SAN JUAN WATKR BOLNDARY 2:U It is ob\ til ■lucli IS obvious til It SUCH iiu inquiry, if it be ad- mitted, must be conducted according; to certain prin- ciples; and iiu'.snmcii as the conuuission ou the part of the United States has appealed to Vattel, and inas- much as their great international jurist, Mr. \Vheaton,(') lias not discussed the principles by which such au in(piiry should be i^overned, but has referred his readers to that author, I shall proceed to extract from the work of Vattel the rules by which such ;m in- quiry ought to be guided. The first general canon of 'nterpretatiou laid down by Vattel, is, as has been stated, thiit " it is not allow- al»le to interpret what has no need of interpretation." (-) This fundamental nuixim is followed by the statement, that "■ in the interpretation of a treaty, or of any other de?d whatsoever, the question is, to dis- cover what the contracting ])arties have agreed iq)on ;" arid assuming that the terms of the treaty require interpretation, he [)roceeils to lay down certain lixed rules on which such interpretation ought to be forined.('') These fixed rules ai'o stated in minule (U'tail, and are supported with all Ww jirolixity and profuse illus- tvatii)'.! by wliieh his wtifk is I'very where characterised. I shall, therefore, refei' only to those which a])i)ear to me to beai" iinme(liatei\' unon the (iiiestion in hand. 'J'he lirst (trtliem runs a^ follows ;(')•— " The reason of the law or of the treaty, that is to say tho motive which led to the luakiiig of it, ami the ohject ii\ con- (') VVhoatoii. Ivl. (i, ]), :tr)5. ('•') ViUtol. lih. ii,. ( . xvii., § 2(i;». (■>) Vuttol, lil<. ii„ c. xvii., §§ L'68. 270. (i) l,l,:„i, gli 2S7. -'SS. U !•• I. I ■ : : V,-' ' ^■v-;: it. ttt-*'"'.' Is*: tf-;/,.' 1^^' .■I • H. 238 SAN JUAN WATER BOUNDARY templation at the tirnvJ, is the most certain clue to lead us to the discovery of its true meaning ; and great attention should be paid to this circumstance, whenever there is question either of explaining an obscure, ambiguous, indeterminate passage in a law or treaty, or of applying it to a particular case. When once we can certainly know the rensofi which atone has deter- mined the will of the person speaking^ we ought to i7iteri)rct and apply his words in a manner snita/jle to that reason alone. Otherwise he will be made to speak and act contrary to his intentions, and in opposition to his own views. Pursuant to this rule, a prince, who, on granting his daughter in marriage, has promised to assist his intended son-in-law in all his wars, is not bound to give him any assistance if the marriage does not take place. " But we ought to be very certain that we know the true and only reason of the law, the promise, or the treaty. In matters of this nature, it is not allowable to indulge in vague and luicertain conjectures, and to suppose reasons and views where there are none certainly known. If the piece in question is in itself obscure — if, in order to discover its meaning, we have no other resource than the investigation of the author's views, or the motives of the deed — we may then have recourse to conjecture, and, in default of absolute certainty, adopt, as a true meaning, that which has the greatest degree of probability on its side. But it is a dangerous abuse to go, without necessity, in search of motives and uncertain views in order to wrest, restrict, or extend the meaning of a deed which is of itself sulliciently clear, and carries no absurdity on the face of it. Such a procedure is a violation of that incontestable maxim, tluit it is not allowable to interpret what has no need of inter- pretation. Much less are we allowed, when the author of a piece has in the piece itself declared his reasons and motives, to attribute to him sonie secret reason which may authorise us in givii\g an interpretation repugnant to tiio natural meaning of the expressions. Even though ho should have entertained the views which wo attribute to him, yet, if he has concealed them and aimounced dillorent ones, it is upon the latter alone I'- Ji» Wf SAN JUAN WATER BOUNDARY. 239 that we must build our interpretation, and not upon those which the author has not expressed. We assume, as true, against him, what he has sufficiently declared. '' We ought to be the more circumspect in this kind of interpretation, as it frequently happens that several motives concur to determine the will of the party who speaks in a law or a pronsise. Perhaps the combined influence of all those motives was necessiiry in order to determine his will ; perhaps each one of them, taken individually, would have been suffi- cient to produce that etFect." The second rule to vvliicb. I shall iisk attention is as follows :(^) — " In unforeseen cases, that is to say, when the state of things happens to be such as the author of a fleed has not foreseen, and could not be thought of, we should rather be guided by his intention than by his words, and interpret the instrument as he himself would interpret it if he were on the spot, or conlormably to what he would have done if he had foreseen the circumstances which are at present known.'' After referriutj^ (') to the distinction between thini^s fnvuiirahlc and tiling's (xlloiia, and delininj^^ the foriner as those of whicli equity admits the extension rathei than tlic restriction — the latter as those of which the restriction tends more certainly to equity than the extension, Vattel proceeds to point out what t]iinbell ; not a word with reference to the Canal de Haro or Straits of Haro. It is probable that the map used by Mr. J*aken- liam (~) was Vancouver's chart, and I submit that a superficial glance at such map, or a cai'eful inspection of the same, would lead an unprejudiced observer to the conclusion that the " channel " intended by Mr. Pakenham as the " channel " of tin; treaty was that through which the course sailed by V^ancouvtu* was drawn, and styled Vancouver's or H-osario Straits. That channel is in fact depicted as the only con- tinuous channel between the mainland and Van- couver's Island. On the part of the United States, a letter of Mr. McLane, who was sent on a special mission to (ireat Britain to aid in the settlement of the Oregon boundary (juestion, is ])ut I'orward as conclusive (>vidence of the intentions and views of ^Ir. Buchanan. The production of this letter (>xhibits the candour of (') Amoriciin State Papoi-s, p. 22i. IVfr. ("ainphdl j^ivcs nnolher version of this doHpatch ^p. 58), written fi'oiii memory after an inspeutiun of the docuuieiit, and he adds to the fort«i;'oin>,'. "thus <,nviiiu' Ui Ureal Hritain tlie wliohi of Vancouver's Island and its harh> Mr. Campbell also relies upon certain correspond- ence which preceded the treaty, and upon ^Ir. Benton's speech to the Senate. If it bo contended that the wishes and views of the United States Government, prior to the making of the treaty, were that the Canal do Haro shotdd be the boundary, the fact that that channel was not expressly mentioned in the treaty then affords the most convincing proof that the views and intentions of the British Government were other- wise, and that the United States negotiator felt that the treaty could not be concluded if the Canal de llaro were insisted on as the boundary, and openly described (') Aincrioan Statu Papors, p. 11. («) Idem, p. 22-1. SAN JUAN WATER BOUNDARY, 245 .IS such, and that lie desi<^nodly .and purposely re- frained from demanduiijr such a concession from the Britisli neijotiator. I shall conclude these remarks with a discussion of the doctrine so confidently put forward by the United States Commissioner, that " islands are appurtenant to the mainland' — "the continent embracing, as natural appendages to its coasts, the islands between it and the Canal de Haro."(') This, for the United States, is a convenient theory, and, it must be confessed, when stated with proper limitations, has its foundation in natural law and reason. I am the more willing and ready to concede this, inasmuch as the argument based upon it tells more powerfully in favour of the claim of Great Britain than of that of the United States to the Haro Archi{)elago. V^mcouver's Island has an area of about 1,070 square miles, or about one- fourth the extent of England and AVales, and that island may be said to have an independent existence, and can scarcely be termed a natural ap[)endage to the coast of Washington Territory. It is covered witb valuable timber, and beneath its surface lie extensive deposits of coal and limestone. From tlie description of the Haro Archipelago which has been givi'n above, it must be evident that the islands of which it is composed are identical in a]>pe!\rance and in their Li'eoloijfical formatitm with Vancouver's Island, and differ in those particulars, in as nuirked a degree, from the mainland of Washington Territory. ('■') Thus, /he// (') On tluH (lu'ory tlio Unitod Statos found their allcgiHl ilaim.s to tlie Went India Islands, and to the distant Uoruuidas. (») Auioricau State I'apers, pp. 13.1, 137. i:ilt, 1 U. IJ ■■".'' - tf;^V,.- ^^: |i ' * ■■ ■ > !«.■ li;-:-, .!• K, l.-'f' 246 SAN JUAN WATER BOUNDARY. " abound with timber, coal, and limestone," whilst " it was found necessary to obtain limestone for building- on Puget Sound either from California or Vancouver's Island. "(') It might then with greater propriety be argued that the cluster of islands composing the Haro Archi- pelago are natural appendages of Vancouver's Island, and that the possession of that island should carry with it the sovereignty of the group with which it is identical in its appearance and formation. This will appear more clearly if we consider the principles and oriiiin of the doctrine referred to, which doctrine is thus stated by Mr. Wheaton.(-) *' The tcM-m ' coasts ' includes the natural appendages of the territory which riae out of the water, although these islands are not of sufficient firmness to be inhabited or fortified ; but it does not properly comprehend all the shoals which form sunken continuations of tlie land perpetually covered with water. The rule of law on this subject is, term; dumhiiunt finitur,tihi fmifnr armorum vis ; and, since the introduction of fire-arms, that distance has usually been recognised to be about three miles from the shore. In a case before Sir VV. Scott (Lord Stoweli) respecting the legality of a capture alleged to be made within the neutral territory of the United States, at the mouth of the river Mississippi, a question arose as to what was to be deemed the sliore, since there are a number of little mud islands, com- posed of earth and trees drifted down by the river, which form a kind of portico to the mainland. It was contended that these were not to be considered as any part of the (') It has oven been stated by those acquainted witli the opposite coast of Japan that the geological formation of Vancouver's Island, Queen Charlotte's Island, and the other islands of the British Pacitic coast, is move akin to that of the Jajjanese coast than to that of Washington Territory. (») Wheaton's Elements. Ed. (5, p. 234. SAN JUAN WATER BOUNDARY. 217 American territory, that tliey were a sort of ' no man's land,' not of consistency enough to support the purposes of hfe, uninhabited, and resorted to only for sliooting and tailing birds' nests. It was argued tliiit tlie line of territory was to be taken only from the J3alizc, uliich is a fort raised on made lar' by the former S])anish possessors. Jhit the learned judge was of a different opinion, and determined that tiie protection of the territory was to be reciioned from these islands, and that they are the natural appendages of the coast on which they border, and from which, indeed, they were formed. Their elements were derived immediately from the territory ; and on the principle of alluvium and increment, on which so much is to be found in the books of law, Qnod vis Jlnminis de tno pra'dio detraxerif, et vicino pro'dio attukrit, pahim tuiim remanet, even if it had been carried over to an adjoining territory. Whether they were composed of earth or solid rock, would not vary the right of dominion, for the right of dominion does not depend upon the texture of the soil. nl Tlie only authority cited by Mr. Wheaton in support of this statement is that of Lord Stowell, whose remarks in the case of the " Anna" may be re- produced liere with advantage, and it will be seen that they do not go to the extent of the doctrine contended for by Mr. Campbell. The fticts of the case are stated by the learned judge, and it will not be necessary to allude to them further. Lord Stowell said, in the course of his judgment :(') — " When the ship was brought into this country a claim was given of a grave nature, alleging a violatioti of the territory of the United States of America. This great leading fact has very properly been made a matter of much discussion, and charts have been laid before the Court to show the place of (') Robinson's "Admiralty Reports." Vol. 5, p. 385. f '■'•/■■■ im 248 SAN JUAN WATER BOUNDARY. kf.'r.j'ni'. ■ ?=*.f ■' •••11 i't'K P'3/ '-:' 5-. ,, km j^ \ h ^ 1 :■ ',i' V . it tl ,»,j ii: WM'^^ ih :!' ■ ^; K-.> ', i m vm i'*-^ '-life ^11,' y w #■■■ -i- 1\ mmi - - 250 SAN JUAN WATER BOUNDARY, Queen Charlotte's Sound and tue Straits of Georgia, has cut oil' the smallx?r ishinds from the quasi main- land of A^'ancouver's Island. I venture to submit, then, that the cluster of islands called the Haro Archipelago are natural appendages of the last-mentioned island. If we turn to the second principle, viz., the principle of utility or (itness, all the evidence is in favour of the claim of Great Britain. If the Haro Archipelago is to pass into the possession of the United States, not only would the possession of Van- couver's Island be rendered useless to her, but she would be virtuallv cut off fnun her other territories on the Pacific coast of America. San Juan Island fortified l)y the United States Avould indeed be *' a thorn in the side " of V^ancouvt^r's Island and of British Columlria ; fortilied bv Great Britain she would threaten ]io connnerce of I'e United States, and would blockade no 2)assage from one part of her territory to another. 1-.' CHAPTEJl Xr. Ix this clmptor we sliall enter ii])on other and more warUke scenes, in wliieli tlie chief actors are Brig'adier- General AV. S. Harney. United States Army, in coni- nuind (vf the United States Military Department of Oreg'nhirity among tiie wild settlers and s(|uatters of the West, towards whom he had long acted the part of a patron and protector. The wild guerilla waH'are in whii'h ho had l)een engaged, consisting chielly in (U'stroying companies of fndians whenever met with, had evidi'ntly caust-d him to forget the lessons in internati'Mial law which he learnt at West Point, and he apj)eju's to have con- sidered that a British coh»ny might he " improved olf the face of the earth" as easily, and with as little cere- mony, as a trihe of Indians might he " snitprossed." That this hlunt and fearless soldier, with his tw(t comrades, did not plunge two great nations into a terrible war is due to the forhearam'e and tact dis- phiyed hy Mv. (now Sir Janu's) Douglas, (iovernorof N'aucouver's Island, hy the captains of Her Majesty's 4 lit ■ f ■:t\ ■HI SAN JUAN WATER BOUNDARY mynU m m:: IV' ■,' V) ;'■ } ^' i,. sliips on tlic Pacific station, and by Lleutoiiaiit-Genoral Winlield Scott, commaiulcr-in-cliief of the United Statps army. The mode in which the far West is prepared for civilisation is faniihar to all readers of Cooper's novels, Avhich, although overdrawn, afford some idea of it. How the hardy squatter penetrates, riile and axe on shoulder, into the recesses of the forests ; liow he builds his bark luits, and makes the little clearing in which he plants a few potatoes and sows a little Indian maize ; how, when civilisation presses upon them, he sells his hut and clearing, and disappears again into the ibrest. These worthies lead a liappy and reckless life; they often adopt companions from anu)ngthe Indian W(s)men, and their children, half- breeds, take to the life their fathers led before them. Men of this stamj) would a})])ear to be eminently unfitted for life in a respectable and civilised colony, and might be most uni)leasant neighbours. The Hud- son's JJay (V)ini)any had established a settlement on the Island of Siin .Iuaii,(') having a stock of ~),{)(){) sheep, and a number of horses, cattle, and pigs, and had by occuj)ation gained a right to the soil thereof The island itself has Ix'cn always considered to be and treated as within the jurisdiction of the Governor of Vancouver's Island. Certain s(|uatters had, liovvever, at various times attem])ted to establish themselves in the island, and it was the current belief in the colony of Victoria, when 1 was out there, that tiiese attempts haSecretary of fc^tate for Foreign All'airs to lose no time in calling the attention of the (Jovernment of the United States to this matter, and in recpiesting that any such unautliorisi'd proceedings on the part of American citizens may be tlis- countenauLed by the neighbouring authorities of the United States. " The question ns to whether the island of San Juan .^hall ultimati'ly appertain to Great J>ritain or the United States, depi'nds upon the solution to be arrived at in regard to the bountlary line bi'tween their respective territorii's imder the Oregon treaty of 184G. Commissioners have been appointed by the two parties to ascertain how that line is to i)e run in conformity with the treaty. These commissioners liave not been able to come to an agreement on the subject. It there- fore remains for the two Governments to enter into direct com- munication with each other for tlie settlement of a (piestion which very closely all'ects the good understanding bet ween them. " Iler Majesty's (iovernment hnve deferred taking nny step consequent on the disagreement of the commissioners, (') Amorioini Stiitc I'liiuns, p. 218. 9-' ''!' *J > ', wmsmmsmmmmmmm 254 SAN JUAN WATER BOUNUARY. m ?;■,'*;' l^-.^ until they should be in possession of the result of a survey, which they thought it neceasary to institute, of the various channels into which the lower part of the Gulf of Georgia is divided by the numerous islands with which it is studded. They have now received the report of the British surveyor, and I am directed to acquaint the Government of the United States that instructions will shortly be sent to me to commu- nicate with them in the hope of arriving at a satisfactory set- tlement on the subject. And I am desired to add, tliat Her Majesty's Government are sure that the Cabinet at Washington would regret as nmch as themselves that any local collision should arise in the interval which would tend to embitter a dis- cussion, which might otherwise be conducted with cordiality and goodwill. Her Majesty's Government trusts, therefore, that citizens of the United States will be restrained, as far as the institutions of this Government admit of their being so, from attempts to settle by unauthorised acts of violence a question which there will probably be little dilliculty in arranging by amicable communication between the two Governments. " I have the honour to be, with the highest consideration, sir, your most obedient, humble servant, " Lyons. " Hon. Lewis Cass, &c., &c." Ono of the scjunttors (') upon tlio isliind of San Juan was a intui named Lynum A. Cutlor, who clainiod to beaciti/ou of the United States, and lie had partially en(!losed a small ])at(di of land, whieh he liad planted with ])otatoes.(''') Oil or about the 1 oth of .June, 1859, he shot, in the Ibrest adjoiiiini;' his house, a valuable ho>;' belono-in»>' to t]"> Hudson's JJjiy Company, whieh lie alle^-ed to JMive trespassed on tlie unenclosed ground he had taken possession of. (') AniOTtciin Stat(> Paijcvp, p. 18.1. (•) lihm, 1.. 2(i(). hi". SAN JUAN WATKll BOUNDARY. 255 In the course of the day, Mr. A. J. Dallas, a Director of the Oompauy, with two frieiuLs, chanced to hind at the ishiud from the Company's tradinj^ steamer Beaver. Having been informed of tlie wron. ?'■■: I ii't s Ml: mm , :|;! W:. .i; ^ .■«^' l!kV i^. It".'. '^ ■ ••! .•,'•.) |i:'^i l:'!' .■ l;^ \i m 25G SAN JUAN WATER BOUNDARY. "American citizens on the Island of San Juan." Among them was the squatter Cutler, and a Mr. HuLbs, representing himself as the United States Inspector of Customs on the island. (^) The petition was as follows :(') — " To General Harney, Commander-in-Chief of the racific tlivision of the United States Army. " The undersigned, American citizens on the Island of San Juan, would respectfully rc[)resent: 'J'liat in the month of April, in the year One thousand eight liundred and fifty- eight, the house of the United States Inspector of Customs for this island was attacked and fired into in the night by a party of Indians living on this island, and known as the Clallams, and had it not been for the timely aid of the Hudson's Bay Company, the Inspector would have fallen a victim to their savage designs. In the month of July following we found on the beach, close to the above-mentioned Indian camp, the bodies of two white men, apparently Americans, who had, when found, cotton cords about their necks, which had been used to conceal tliem under water. Last fall another daring nuu'der was committed in the middle of the day, and in the plain sight of us all here, without the slightest chance of our ren(kn"ing thorn assistance. Only ten days ago another body was found on our shore which had been the victim of foul play. Inclusive with the above dangers that we are exposed to from our neighbouring Indians, we are continually in fear of a descent upon us by the bands of marauding northern Indians, who infest these waters in large munhcrs, and are greatly retarding the progress of the settlenu'ut of this island. " According to the treaty concluded Jiuio 15, 184G, between the United States and Great Britain (the provisions of which are plain, obvious, and pointed to us all here), this and all the islands east of the Canal do Haro belong to us. We, (') AuR'iicun Stato Papors, p. It7. (-') Idiim, p. M!». i 8AN JUAN WATER BOUNDARY. 257 therefore, claim American protection in our present exposed and defenceless position. " With a view of these facts, and for the essential advantage of having this and the surrounding islands immediately settled, we most earnestly pray that you will have stationed on this island a sufficient military force to protect us from the above mentioned dangers until we become sufficiently strong to pro- tect ourselves. " J. M. Haqoaret. " Samuel McCauly. " J. E. IIlGGINS. " Ciias. H. Hubbs. " l. a. cutlrk. " Wm. Butler. " J. D. Warren. *' H. Wharton, Jun. " John Witty. *' B. S. Andrews. " John Hunter McKay. " Noel Ent. " Michael P'arris. " George Perkins. *' Alex. McDonald. " Peter Johnson. " Angus McDonald. " William Smit'i. " Charles McCay. " D. W. Oakes. " Paul K. Hubbs, Jun. "PaulK. Hubbs." It may be noticed that no reference was made in the petition to the visit of Mr. Dallas ; and the only reference to the Hudson's Bay Company therein con- tained bears ample testimony to the unselfish and ready kindness of the Company's a^-ents. It would appear, however, tluit a i.^rossly untrue and garbled statement with respect to that gentle- man's visit was made orally to the General. (') General Harney did not commuuicate with the British authorities, colonial or imperial, or with his commanding officer, ( reneral Scott, or with the Supreme Government at Washington, but ])roceeded at once to detach a company of troops, under Captain Pickett, to occupy the island. (M Aincrio.m Sttitc PiqiPi's, ]>. US. ■I'^iV h i ■¥^ m^i^' "■ "" H^'i^x'^ ' ^■ak-^ s' B^^ " i H|i :\ ^K'*, '■,*? ■ ^^S^r^' ^ " '!' ^^^^^1 ' '■' ' ■^jnf'^l : ^^r' ^ifl ■ V«' '* ■ ^^S?',\';if; , KLfW/,il<'; B«^^y;^>r;';. |S::-^^^ FS.fi..'. ,N fe?;,; '*,>), ■•••1'.. f?/^^?,.' ^■^•'.••, f ", v*-i' r^'l^^f :W- ',- ■■ I - fo . fi V ■<;■' i j'-/i )f'v. ir.-«: '..■':' Ei^.^:-^. .v 258 SAN JUAN WATER BOUNDARY. W. The directions given by him to Captain Pickett were as follows :(^) — " Head-quarters, Department of Oregon, Fort " Vancouver, W.T., July 18, 1859. " Captain, — By special orders No. 72, a copy of which is enclosed, you are directed to establish your company on Belle- vue, or San Juan Island, on some suitable position near the harbour, at the south-eastern extremity. The General com- manding instructs me to say, the object to be attained in placing you thus is two-fold, viz :— *' 1st. To protect the inhabitants of the island from the incursions of the northern Indians of British Columbia and the Russian possessions. You will not permit any force of these Indians to visit San Juan Island, or the waters of Puget Sound, in that vicinity, over which the United States have any juris- diction. Should these Indians appear peaceable, you will warn them in a quiet but firm manner to return to their own country, and not visit in future the territory of the United States ; and in the event of any opposition being offered to your demands, you will use the most decisive measures to enforce them ; to which end the commander stationed on the steamer Massa- chusetts will be instructed to render every assistance and co-operation that will be necessary to enable your command to fulfil the tenor of these instractions. " 2nd, Another serious and important duty will devolve upon you in t!ie occupation of San Juan Island, arising from the conflicting interests of the American citizens and the Hudson's Bay Company's establishment at that point. This duty is to afford adequate protection to the American citizens, in their rights as such, and to resist all attempts at interforonco by the British authorities residing on Vancouver's Isliind, by intimi- dation or force, in the controversies of the above-mentioned parties. " This protection has been called for in consequence of the chief factor of the Hudson's Bay Company, Mr. Dallas, having ') American State rapcrs, p. 140. SAN JUAN WATER BOUNDARY. 25U )n s to i'w the ini- liied the ring recently visited S.in Juan Island with a British sloop of war, and ilneatened to take an American by force to Victoria for trial by British laws. It is hoped a second attempt of this kind will not be made ; but to insure the safety of our citizens, the General commanding directs you to meet the authorities from Victoria at once, on a second arrival, and inform them they cannot be permitted to interfere with our citizens in any way. Any grievances they may allege as requiring redress can only be examined under our own laws, to which they must submit their claims in proper form. "The steamer Massacliuselts will be directed to transport your command, stores, &c., to San Juan Island, where you are authorised to construct such temporary shelter as the neces- sities of the service demand. " Any '.naterials, as doors, window-sashes, flooring, &c., that can be rendered available, will l)e taken with you from Fort Bellingham. To secure to your command the vegetables of your garden, a small detachment will be left to gather them when grown. " The General connnanding is fully satisfied, from the varied experience and judgment displayed by you in your present connnund, that your selection to the duties with which you are now charged will advance the interest of the service, and that your disposition of the sul)jects coming within your supervision and action will enhance your reputation as a commander. *' In your selection of a position, take into consideration that future contingencies may rocpure an establishment of from four to six companies, retaining the command of the San Juan harbour. " I am, Captain, very respectfully, your obedient servant, " A. rLEASONTON, " Captain 2nd Dragoons, Acting Assistant " Adjutant-General. " Captain George I'ickett, " Commanding (.'ompany of Dth Infantry, Fort " Bellingham, Puget Sound." R 2 V >:/ i ', ill' }\vy. 'c^ i S9i km rr.f: .'V 'J * ft.*-i I*; ■*•. I' • ■ iifiO SAN JUAN WATER IJOUNDARY. On the same date, General Harney notified to Colonel Silas Casey the changes he had made in the disposition of the troops under his command, and directed that the northern Indians should be warned not to come into any of the waters under the jurisdiction of the United States, which (as he alleged) " embraces all the islands and currents to the east of the Straits of HaroT General Harney did not communicate with General Scott until the 19th of July, when he wrote a letter to him containing the most extraordinary mis-statements, and containing charges against Mr. Dallas which he did not attempt to authenticate ; nor did he give Mr. Dallas an opportunity of denying them. The following is an extract from this letter :0)— " Head-quarters, Department of Oregon, Fort Vancouver, W.T., July 19th, 1859. " Sir, — On the morning of the 9th instant I left Victoria and visited Bellcmie, or San Juan Island, about ten miles to the east of Vancouver's Island, on the opposite side of the Straits of Haro. This island is fifteen miles long and five or six broad. It contains fine timber, good water and grass, and is the most coumianding position we possess on the Sound ; overlooking the Straits of Haro, the Straits of Fuca, and the Rosario Strait, it is the most suitable point from which to observe and prevent the northern Indians from visiting our settlements to the south of \ . At the south-eastern extremity one of the finest harbours on this coast is to be found, com- pletely sheltered, offering the best location for a naval station on the Pacific coast. The Hudson's Bay Company have an establishment on this island for the purpose of raising sheep, which they export at eight dollars a head. Twenty-five (') American State I'sipory, p. \\1. )11 in ive SAN JUAN WATER BOUNDARV. 201 Americans, with their famiUes, are also living upon the island, and I was petitioned by them, through the United States Inspector of Customs, Mr. Hubbs, to place a force upon the island to protect them from the Indians, as well as the oppres- sive interference of the authorltie-- of the Hudson's Bay Com- pany at Victoria with their rights as American citizens. Mr. Ilubbs informed me that a short time before my arrival the chief factor of the company at Victoria, Mr. Dallas, son-in- law of Governor Douglas, came to the island in the British sloop of war. Satellite, and threatened to take one of the Americans by force to Victoria for shooting a pig of tiie Company's. The American seized his rifle, and told Mr. Dallas if any such attempt was made he would kill iiim on the spot. The affair ended. The American offered to pay to the Company twice the value of the pig, which was refused. To prevent a repetition of this outrage I have ordered the com- pany at Fort Bellingham to be established on San Juan Island for the protection of our citizens, and the steamer Massachnsetls is directed to rendezvous at that place with a second company to protect our interests in all parts of the sound. " I am, sir, very respectfully, your obedient servant, " William S. Harney, " Brigadier-General Commanding. " Assistant Adjutant-General, '' Head-quarters of the Army, New York City." Captain Pickett was directed to land on the island of San Juan by an order dated (as already noticed) on the 18th of July. Strange to say, no official account of his landing appears in the documents furnished to the Senate ; and the first notice of his having landed is to he found in a letter addressed to him hy Mr. Griffin, the Hudson Bay Company's agent, dated the 30th of July. It was as follows ;(') — (') Auiorican State Papers, p. 153. r... it^{- 1 1 •■';■' ??♦-• '''1 -'' I > 1 ^'•i Is- W '■■ Vf ■ iS .-, - ft :■- ft !*■'■ »; V, , '/ ■ •» • r ■'. ■ f pi-'..»;',.-. ..{ •i' Ml;: ■ ^ ,!■ \y,. U-'' Of}. 7 f^ \f rm SAN JUAN WATKH BOUNDARY. " Bellevue Farm, San Juan, July 30, 1859. " Sir, — I have the honour to inform you that the island of San Juan, on which your camp is pitched, is the property and in the occupation of the Hudson's Bay Company, and to re- quest that you and the whole of the party who have landed from the American vessels, will immediately cease to occupy the same. Should you be unwilling to comply with my request, I feel bound to apply to the civil authorities. Awaiting your reply, I have the honour to be, sir, your obedient servant, "CiiAS. Jno. Griffin, " Agent Hudson's Bay Company. " Capt. rickett, &c." To this Captain Pickett replied in the follow- ing :(■)— " Military Camp, San Juan, W.T., July 31, 1850. " Sir, — Your coinmutiication of this instant has been received. I have to state in re[)ly that I do not acknowledge the right of the Hudson's Bay Company to dictate my course of action. I am here by virtue of an order from my Govern- m€7ii, and shall remain until recalled by the same author if y. '* I am, sir, very respectfully, your obedient servant, " George E. Pickett, " Capt. 9th U.S. Infantry, Commanding. " Mr. Chas. J. Griffin, " Agent Hudson's Bay Company, San Juan Island, W.T." On the same date this officer enclosed the letter received by him from Mr. GriBin, and a copy of his rc^ply, in the followin<^ letter, addressed to Colonel Casey :(')— " Military Camp, " San Juan Island, W.T., July 30, 1859. " My dear Colonel, — I have the honour to enclose you some notes which passed this morning between the Hudson's (') American State Papers, p. 153. (") Idem, p. Vri. \r ':>':' ',■ SA\ JUAN WATKIl BOUNDARY. '2i',:i 13ay authorities and myself. From the threatening attitude of aflPairs at present, I deem it my duty to request that the Mas- .inchtisetts may be sent at once to this point. I do not know that any actual collision will take place, hut it is not comfort- able to be lying within range of a couple of war steamers. The Trihuno^ a 30-gun frigate, is lying broadside to our cainp, and from present indications everything leads me to suppose that they will attempt to prevent my carrying out my instruc- tions. " If you have any boats to spare, I should be happy to get one, at least. The only whale boat we had was, most un- fortunately, staved on the day of our departure. " We will be very nuich in want of some tools and camp equipage. I have not the time. Colonel, to make out the proper requisition, but your (Quartermaster can send us some of those articles as will be of great service. " I am, sir, in haste, ever truly, your obedient servant, " G. E. Pickett, " Captain 9th Infantry. " Lieut.-Colonel Casey, 9th Infantry, Commanding, " Fort Steil'acoom, W.T." " P.S. — The ShiihrickQ) has rendered us every assistance in her power, and I am much indebted for the kindness of her officers." On the Slst Colonel Casey forwarded the three last letters to heud-quarters, Department of Oregon, in a note written by himself, in which he said, "the authorities on the other side are trying to bluff a little, but I do not apprehend anything serious." On the same clay he sent another company of troops to reinforce Captain Pickett on San Juan Island. C) (') The Shubrick wa8 a vessel used Ly Mr. Campbell for the purposes of the survey. (2) American State Papers, p. 151. •^l f ;■ w ^:*: .::it r('])Iic(l tliat lio would most clicer- (uUy lui'ct tlicm in Iiis (';im|). 0;i|)tniii Il(>i-iil>v iiccordiiiirly laiidcd, witli ('aptains Prcvosi and l>M(diards, tlic British Comniissioncrs, and an iidci'vii'w took place hciwccn ilicni, the ])ui-j)oi-t of wliicli was sul>s(>(|U('idJy described I»y Captain Jlornhy in tlie Ibllowini;- Ii'tter, addressed hy liini to Captain Pickett :(') — " Her Majesty's Ship TrihuriP, "8;u> -liiaii Island, Aii.LMist •'], IS;")!). "Sll?, — Til a('('()r(liiiu'(> with your reiinest lor a written (•< iinnucalioM, Have the I )iri- loiiourto Iriiiisimt the suh.Ntaiiee ol the deelaratioiis and piojiosiliidis made; hy me to von to-day. "• I hiving (h";i\vii your attention to thi' exti'act, of a despatch from Mr. ?\hn"ey, Secretary of Stale, to his Kxcelleney (Jover- nor Stevens, dated Jidy I Ith, IS;")."), |)reserihin^f the eonduet that should he |iursued l)v tin* ollicers of the I niled States in respect of the disputed <;roini(ls, I asked if that was the teuor ol your present instructions, or if the relations of tin* two states had been phiced on other than a friendly footini^^ hy any ot a more reci-nt date. " To this yon replied l)y referring; to tin* date of the de- spatch. " I then asked yon, in the name of r of the ' (.ieneml conimandinLj,' to protect il as parted the I niled States |(»rri- lory, and that you Ix'lii'ved he jicIimI under orders from the (lovermiient at VVashinglon. " 1 then presented to you the (Jovernor's protest against any such occupation or claim. 1 re|)reM'iited to you that the fact of occnpying a disputi'd island hy a military force, neces- sitated a similar action on our part; that a;^aiii in\<>l\(>(l \\w (M Ami'i'iciui Stale I'.iin'rs, p. I."i5. SAN JUAN \VVTI',I{ nOUNDARV 2(17 ininiineiit risk of ii collision betwocii tlio forces, iIum'c hoiii^ a TJia^istralo of oacli iiiiti(>ii now acting on the islainl, cither of whom inij.fht call on ihoso of their conntry for aid. " To prevent the chance of such (collision, 1 snj^r^ested that a joint military occn[)ation might take place, and continue until replies could hi! reccMved from our respective (Jovern- ments ; and, din'ini^r such tinuvs, that the connnandin<^' oHiccn-s of the forces should control and adjudicate between their respective countrymen, the maj^i^t rates l)ein«r withdrawn on both sides, or tlu^ action of their courts suspiMided for the time bein;.';, ihcTir employment not being necessary under a joint military occupation, " 1 suggested this coinse as ajjparently the only one hilt (short of entire eva-iiation by the troops under your command) likely to produce; the object so much to be desired, vi/., tlit! prevention of a collision between the ibrces or authorities of tbi^ two count'""', landiul or in thi' harl)our of San Juan, an «%ei!it which -.i '■ lead to still mon^ di>astrous nvsults, l)y per- matienllv estranging the friendly relations sul)sisting betwei'ii (.ireatf I5^>t.ain and the L'nitxid States of Ami'rica. You replied that you had not authority to contilude such terms, but sug- gestcHJ the reference of tluun to (Jeneral Harney and (Jovernor Douglas, without inti-rference in any way with our liberty of action. 1 pointed out that my prnpo-,ition was strictly in a(!cor(lance with the principles laid down in 3fr. Murrifs dv.spnlr/i, and that yours, on the other hand, oil'ered no security against the occiirriMice of some immediate v\\\, "'That the ollicers of iIk; l.'niled Stativs (iovermnent had committed an act of aggression by huKling an arme(l force on this island, pending the siMt lenient oi our ri'^pective claims to its sovereignty, without warning to us, ami without giving you a discretionary power of making any niu-esi^iny arrangements, that the United Slates and its ollicers alone nnist be respousibh^ for any conseqiieiicus that might result, either immediate or future. " I agreed to yoiu' nupiest to furnish you with the sub- slaiice of the conversation in writing, and concluded by Ha 208 SAN JUAN WATRR BOUNDARY, t*^/^' ■i V M: informing you, that having now made what seemed to me a most oquitahio and simple proposition, I reserved to myself, in the event of your non-acceptance of it, entire liberty of action either for the protection of British subjects and j)roperty, or of our claims to the sovereignty of the island, until they are settled by tlu; North-western Boundary CoTumission now exist- ing, or by the res{)ective Governments. " T believe I have now given you the substance of our conversation, and have only to add my regret that you were not able to agree to a course which it appears to me would totally avoid the risk of a collision. " The responsibility of any such catastrophe does not, I feel, rest on ine or on Her Majesty's representative at Van- couver's Fsland. " I have the honour to be, sir, " Your most obedient humble servant, "(JEOFFKKY PjIIPI'S IIoRNHY, *' Cai)tain and Senior Oflicer." '• Captain Geo, Pickett, " Commanding Detachment of United States 9th llegitnent," ^Pho j)r<)t('st of (Jovortior l)(>ii<>-las referred to in Mu' letter, was us follows :(') — "By James Douglas, CB,, Governor and Commander-in- Chief in anois, kxngs of Great Britain, (') Aiiiuriean Ktiitu I'iiihth, p. ir>7. SAN JUAN WATER BOUNDARY' ■2(\\) " Given under my hand and seal at Victoria, Vancouver's Island, on this second day of August, One thousand eiglit lnni(h'ed and (it'ty-nine, and in the twenty-third year of Her Majesty's reign. "Jamks Douglas." I'o tlio conciliatory and reasonable oiler of Ca])tain Horn]>y, who had force at his dis])()sal iinnieasurably superior to that of Captain Pickett, the folio wiujjj reply was made by the latter ollicer :(') — " Military Post, Island of San Juan, W.T., Au'Mist 8, 1 1 .M. " Sir, — I have the honour to acknowledge the receipt of your comniuuication of this date, in reference to the conversa- tion which was held to-day between ourselves and (Ja[)tains Prevost and Uichards. Your recollection of said conversation seems to be very accurate. Th(>r(! is per to st.itt^ that I think no discredit can reflect u|)on us or our respective Ihigi by remaining in our prtvscuit positions until we have an op[)or- tunity of hearing from those higher in authority. I hope most binc(M'ely, sir, you will rellect on this, and iop{^ you uuiy coincide with me in my conclusion. Shoidd you see (it to act <;ther\\ise, you will then be the person who will briini on a most disastrous diHicnlt\, and not the I'niled Stat< )lti (>s oinciais. ('I A iiti'i'ii an stitti' I' i|i i:»(! {'. \: ■!9nnn9!* 'V', ;- ' : . 270 SAN JUAN WATKR BOUNDARY. " I have thus hurriedly answered your communicalion, in order to avoid any dehiy and its consequences. " I remain, with much respect, your obedient servant, " George E. Pickett, " Captain Dth Infantry, Commanding Post. " Captain G. Pliipps Hornby, commanding ILP.M. " Ship Trihwic, Harbour of San Juan, Washington Territory." On tlie same date Captiiin Pickett wrote as follows to bead-quarters :(^) — " San Juan, W.T., Military Post, " August 3, 10 P.M. " Captain, — I have the honour to report the following circumstances : — The JJritish ships, the Tribime, the Plumper, and the iSnfc/lifc, are lying here in a menacing attitude. 1 have been warned oil' by the Hudson's Bay Company's agent; tluMi a suimnons was sent to me to appear before a Mr. De Courcey, an oilicial of Her Britannic Majesty. To-day I received the enclosed counnunications, and I also enclose my answer to the same. " I had to deal with three captains, and I thought it better to lake the brunt of it. They have a force so iimch superior to mine tluit it will be mertdy a mouthful for them ; still I have infortned tluin that [ am here by order of my com- manding general, and will maintain nty position if possible. "They wish to have a co-joint occuj)ati()n of the island; I decline anything of that kind. They can, if they choose, land at almost any point on the island, and I cannot prevent them. 1 have used the utmost courtesy and delicacy in my intercourse, and, if it is possible, please inform me at such an early hour as to prevent a c(»Hi>it)n. Tlu? utmost I could e.\[)ect to-day was to suspend any proi'ceding till they have had time to digest a jiill which 1 gave them. They wish to throw the onus on uie, because 1 refused to allow them to land an equal force, and (') Ainoricnn State I'liiiers, p, 15M, SAN JUAN WATKR BOUNDARY. 571 each of us to have military occupation, thereby wiping out both civil authorities. I say I cannot do so until I hear from the Cieneral. *' I have endeavoured to impress them with the idea that my authority comes directly through you tVom Wdslnnijfon. " The Pleiades left this morning for San Francisco with Colonel Hawkins. The excitement in Victoria and here is tremendous. 1 suppose some five hundred people iiave visited us. I have had to use a great deal of mv pciice-malniiij dis- position in order to restrain some of the sovereigns. Please to excuse this hasty, and I am ahnost afraid unintelligible letter, but the steanuM' is waiting, and I have b(HMi writing under the most unfavourat)le circumstances. 1 must add that they seem to doubt the anthority of the General comnumding, and do no.; wish to acknowledge his right to occupy the island, which they say is in dispute, unless th(? United iStates Government have decided tlie question with Great Britain. / Jinvc .so far staved them nj)\ l>;i •'>'''//'*"// tJint the tivo Goverumenls have, withont (/.cnhf,, sdtled, this ajj'air. But tliis state of all'airs cannot last ; therefore, 1 must respectfully ask that an express be sent me immediately, on my future guidance. I do not think there are any nu)nuuits to waste. In order to maintain our dignity we must occupy in force, or allow them to land an e([ual force, which they can do now, and possibly will do, in si)ite of nnj di[>lonuu'y. " I have the honour to enclose all the correspoiulence which has taken [)lace. llo[)ing that my conrsi' of action will meet with the a[)proval of the General connnanding, and that I nuxy hear from him in regard to my future course at once, "I reuuiin, Captain, )oiir obedient servant, "G. E. riCKKTT, " Captain Hth Infantry, Connnanding Post. " Captain A. Pleasonton, Mounted Dragoons, Adjutant-General, Dt'parlment of Oregon, Fort Vancouver, W.T r\\ )> Comnu'ut upon siicb a despaicli IVoiii lui dlUcer WW m^. -:ssaw!aBsmBasaBBSS!SSSSSBm :f,v, • '■.I ■ Rv'/ ,■',■-" I ;; i) ^ I <-■; ?? % 272 SAN JUAN WATER BOUNDARY. employed in transactions so important as tliese would be tlirown away. I may, however, (3all attention to the fact tliat he stated, " I have e.ideavoured to im- press them with the idea that my authority comes directly through you, from Washing-ton," although he must have been aware that such was not the case.(') On the Oth of August the Assistajit Adjutant- General of the Department of Oregon wrote, by order of General Harney, to Ca])tain Pickcitt (~), approving the course the latter had pursued, and directing that no joint occu])ation, or any civil jurisdictio!i, by the British authorities, should be permitted on San Juan Island under any circumstances. At the same time he enclosed the followinij: connnunication from General Harney to Governor Douglas :(•') — " Ileacl-qimrtcM'.s, DepartuKMit of " Oivgon, Fort Vancouver, W.T., August 0, 185'J. '* Sir, — I iiave the honour to inform you of the recuii)! of an official co[)y of a protest made by you to the occupation of San Juan Island, in Puget Sound, by a company of United States troops inuler my command. " This ollicial co[)y wa.s furnished by Captain noniby, of Iler Majesty's ship Tribtijie, to the United States ollicer in command at San .luan Island, Captain (Jeorge l'i(;kett, of the Oth hilantry of the Ameiican army, togetlua* with a commu- nication threatening the joint occu[)atioii of San .Juan Island by the forces of Her Majesty's ship Trihnur^ Plumper, and Sutelliie, now in tiie harbour of that island by your orders. " As the military conimander of the department of Oregon, assigned to that c(nnmand by the orders of the President of (') Amoriran State PaporH, p. 158. (-) Idem, p. 157. {») Idrni, 1). ir>7. SAN JUAN \VATF',R BOUNDARY. 273 the United States, I have the honour to state for your infor- mation that by such authority invested in me I placed a military command ufxui the island of San Juan, to protect the Anu>ricaii citizens residinff on that island from tiie insult and indiay Company, recently olTered them, by sending a llritish >hi[) of war from Vancouver's Island to convey the chief factor of the Hudson's J'ay Companv to San Juan, for the purpose of seizin;^ an American citizen and forcibly transporting him to V^ancouver's Island, to be tried by British laws, " [ have re[)orted this attempted outrage to my Govern- ment, and they will doubtless seek tlu^ proper redress from the British (jiovernmeiit. In the meantime I have the honour to inform your Excellency t shall not permit a repetition of that insult, and shall retain a command on San Juan Island, to protect its citizens, in th(^ name of the United States, until I receive further orders from my Government. " r have the honour to be, very respectfully, your obedient servant, "W. S. IIaunev, " Ihigadier-General United States Army, Conunanding. " His Excellency James Douglas, C.I5., (Jov(n-nor of "Vancouver's Island, i\:c., Vice-Admiral of the sajne." To this coiniiuiiiicatio'i the (Jovernor replied on tlie l-'Hli of Aii<^-iist, [s.VJ, in tlic followiiiL;- icrins :(') — " Government Ilouse^ Victoria, Vancouver's Island, "August 13, I.Soll. " Sir, — On the evening of the lOth inst. I had the honoiu- of receiving your despatt^h, dated I'ort Vancouver, August ti, I80I). "2. In reply thereto 1 nnist thank you for the frank and straightforward maimer in which you connnunicali! to me your reasons for occupying the islaiul of San Juan, on the Haro (') Ani(.'iiciin Still*.' I'liperH, ji. 171. JKVr % :.yii I.I 27\. SAN JUAN AVATKIl nOUNnAIlY. Arclii|)(*l;i;:(), with a portion of tlio tiiilitfify forct's of flic L'uitocl Slates iindiM' your connnaiid. " fj. 1 ;uii j^lad to find that you have douv. so iiii'Icr voiir •/oiieral instnictioiis from tlio ]'resi(l(Mit of tin' I'liitcfl States as rnihtary coTniiiati'ler of th(^ Depart.TruMit, of OrcLron, and not hy direct authority from the (Jal)itiet at Washin;^ton. "■1. You stat(' thiit the reasons which induced vou to tal, are lite ' insults and indi;^Miities which the .IJriti.sh inithorities of V;meouver's lsl;uid, and the estahli-h- nicntofthc lliidsftn'.s liay CompMnv, h;ivc recently olT'cn'd tr) Aniciicini citi/ens icsidinLj on the island of San .Iiiaii, hy scndint; a llrlti^h ^hip of war from Vancouver's l.^land lo convey tlu; chief factor of the Hudson's May (Jompany to San •Inan for the purpose of seizinif an American citizen, and Iransporlin;^ him to X'ancouver's Island to he tried hy liritisli laws.' " r>. I will explain, for \onr information, that the a;^euts of the Hudson's IJay (Company hold nf) ollicial position in Van- couver's Island, nor exercise any oflicial power or anthority, and ar(' as cntii'cly distinct from tlu^ ollicers of the Executive (lovernnient as are any r)ther inhahitants of Vancouver's Island. " G. To llu^ reported outra^r*^ on an vXmerican citizen, I hpe of seizintf an AuuM'ican citizen, nor has any attempt ever been made to seize an American citizen and to transport him forcibly to N'anconver's island for trial, as represented hy ytm. " 7. I'p to a very recent period hut one American citizen has Ix'cn rc.-ident on San .luan ; about the conmienccment of tli«' present- year a few^ Americini citizens be^au to'scpiiit' upon the island, and upon one occasion a complaint was made to me bs a l>riti>h siil)ject of >onu' wron^ commitled aj^ainst hi-^ property by an American citizen ; but no attention was paid to that compl linl, out, of con.'ideralion and rc>pect to the SAN JUAN WATKIl, IJOUXDAUV. 275 fri(>ii(lly (jiovornTiienf to wliicli tlic allci^'fd ollciidcr Ix'luii^i'd, and whose citi/ciis, I tliiiik it caiiiiot. I)i' denied, liav(! alwavs l)t'CMi Ireatiid uitli iiiarke<| attention l)y all the ISrilish autlio- rities in tliose parts. With ret'erenci' to San. him in paitienhw, I have always act(Ml with the llt^|l)^l, eautidM, to prevent, sn far as niii'lil lie in my power, anv ill ieelln^^f arising from colliiions Ix'lween IJrili.^h siihject.s and American (;iti/etis, anv that. despatch, I should, in any well-nroundecl ca-e of complaint a;4aiusl, an American citizen, lia\»' referrecl the mailer !o the federal aiithoritit^s in Washington Territoi-y, well as>in-e. 1 dee[)ly re^^ret that, you did not connniinicate with me for iidormation U[)on tlu; subject of the alleifed iii^ vou at Vic- toria la>t month, for a few words from me would, 1 am >uri', iiav(! remo\ed fiom your mind any I'rroneous impri>sions, and you would havtr ascertaim-d jjersonall}' from me how anxious 1 have evcT been to co-operiite to the ntmo-^t ot mv power with the odieers of the llniteure-; which mi^ht be nuitually benelicial to the cili/ens of ihi; two e<)untiies, " 1(1. Having ^fiven yon a distinct and emphalic diiiial of the circumstances which \ou alle;,'!; induced vou !<» occupv the island of San Juan with I'nilecl Sla'e- troops, havin;^' shown you that the rea>ons \ u assign t'o lot exi.^t, and havin^f endeavoured to ;;ssure viu of my i"ai!i!iess on all occasions to ad for the [iroli'clion of American ci.'i/A'U.^ and lor the [ironio- s -X 'k. ^ r.%.. IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I I- 1^ j'4 ||M 22 20 1.8 1.25 1.4 1.6 M 6" — ► <^ /a /a m ^' ■i^k : "-V^ii/ '.!?4,il >.-r('i^ ;$l m '■^f tion of their welfare, I must call upon you, sir, if not as a matter of right, at least as a matter of justice and of humanity, to withdraw the troops now quartered upo. the island of San Juan, for those troops are not required for the protection of American citizens against British authorities ; and the continu- ance of those troops upon an island, the sovereignty of which is in dispute, not only is a marked discourtesy to a friendly Government, but complicates to an undue degree the settle- ment in an amicable manner of the question of sovereignty, and is also calculated to provoke a collision between the mili- tary forces of two friendly nations in a distant part of the world. " I have the honour to be, sir, " Your most obedient servant, "James Douglas. " Brigadier-General W. S. Harney, " Commanding the troops in the Department of Oregon." General Ilarnoy replied as follows :(•) — " Ilead-quarters, Department of Oregon, " Fort A^ancouver, W.T., August 24, 1859. " Sir, — I have the honour to acknowledge the receipt of your conmnuiication of the 13th instant, which came to me by mail this morning. The copy of Mr. Marcy's despatch of tlit 17th July, 1855, to Iler Majesty's Minister at Washington, stated to be in your communication enclosed, was not received. This, I presume, was an accidental omission in the transmission of vour letter. " It was with i)leasiuv I received from vour Excellencv a jmMnpt disavowal of any intention on the part of the British authorities of Vancouver's Island to connnit any aggression iipon the rights of American citizen? residing on San Juan Island, and 1 desire to connnunicate to you that I shall forward this despatch by the first ()ppo"tiuiity to the President of the United States, to enable him to consider it in connection with all the facts duly reported to him attendiu'r the occu[)ation (') Aint'riuan Stnto I'ni'ors, p. 173. SAN JUAN WATER BOUNDARY, 277 of San Juan Island by a portion of the troops under my command. " Your Excellency has boon pleased to express how anxious you have ever been to co-operate with tlie ofiicers of the United States Government in any measures which might be materially beneficial to the citizens of the two countries, and your regret is signified that communication with you on the subject of the occupation of San Ju-ui Island had not been sought during my late agreeable visit to yoi'.r Excellency at Victoria. " I beg to olTer in reply that I have cordially reciprocated the sentiments of friendship and goodwill you have manifested towards American interests from the period of my service with this command. In that time I have, on two dillerent occasions, notified the Government of the United States of your acts atlecting our citizens in terms of commendation and praise, as assurances of a proper appreciation of the confidence reposed by my Government in that of Her Majesty. On my late visit to Victoria I was without knowledge that anv occurrence had taken place on San Juan Island to outrage the feelings of its Inhabitants, else 1 should then have informed your Excellency what I conceived it became incumbent for me to do under such circumstances. " The explanation your Excellency has advanced, while it serves to remove the impression at first created of a direct action on the part of the British aulhoriiies of Vancouver's Island in the recent occurrences on San Juan Island again^it the rights of our citizens, does not expose; any evidence of a preventive nature to a repetition of the acts wliich have caused so serious a misunderstanding in the nnnds of the American people on San Juan Island ; nor has the course which events have taken since the occupation of the i>land by the troops of my conmiand been of such iliaracter as to rea>.>ure those people, couhl the contents of your de.- :'^ s Irf '■']■ f 5' > ■i.-f: 'J ■ ? f:l m i i ) "3 t ;• 280 SAN JUAN WATER BOUNDARY. ■V'a.iJ '. ' ■'^ *■. . 'I ■. i' ' time after leaving we were met by the steamer Active^ on her way to Fort Steilacoom, for the purpose of communicating to me the state of affairs on the island. 1 was strongly and solemnly advised by Captain Alden, in view of the momentous consequences that might arise, not to land any troops on the island, as this would be prevented by the British steam-ship of war, Tribune^ who, with her fires constantly kept up, was lying with her broadside on the landing. " Although fully appreciating the terrible consequences of a hostile collision with our (juasi enemy, which would probably be no less than involving two great nations in war, I did not, under the circumstances, however, consider myself at liberty to disregard my orders, and accordingly resolved to land under the fjuns of thefriijate. The commencing hostilities should be on their side. We left Port Townshend about twelve o'clock the night of the 9th, expecting to reach San Juan early on the morning of the 10th. The fog, however, came up so dense, that we did not make the island of San Juan until about seven o'clock the morning of the 10th. " After hugging the siiore for a few miles, I was informed by the captain that we were but a siiort distance from Captain Pickett's camp, and that it wasdillicult to get along, on account of the fog, and that, moreover, the tide w.is so low that he would not have been able Lo have gotten up to the wharf at the landing for several hours. " Findiiig ourselves in a smooth place near the land, with the coast so depressed at the point as to make the ascent from the shore easy, I landed the troops and howitzers, with ordei"s to the senior oUicer to move them to Captain Pickett's camp. " I proceeded on the steamer aroiuid to the wharf, taking with me my adjutant and a small guard for the howitzer am- nmnition and other public property. " I found the Tribune lying as has been described. They did not interfere with the landing of our freight; whether they would have interfered with the landing of the troops I cannot say. It is Captain Pickett's opinion that they would. "Before 1 had landed from the steamer 1 received a mes- SAN JUAX WATER BOUNDARY. 281 sage from Captain Pickett, by one of his odicers, requesting my presence at once in camp. The captain pointed out to me a British war steamer, ascertained afterwards to be the S'lteUitc, which he was under the imj)ression was about taking a position to siieli the camp. The camp is situated on a narrow neck of huid opposite to tiie harbour, and (Hstant about two- thirds of a mile. The Tribune, lying in the harbour, had on board several imndred men, composed of Marines, Royal Artillery, and Sappers and ^liners. He expected the land attack from the harbour side, and was prepared to (ire upon them with his howitzers, and then spike tiiem, deliver fire with his musketry, and retreat to the woods. Not having time to form any well considered j)lan of my own with regard to the state of atlairs, 1 did not countermand the directions that Captain Pickett had given, seeing the danger of a collision at any moment, which would inevitably lead to war between two mighty nations connected by so many common bonds, and, whichever way it might terminate, would be eminently disastrous to the cause of civilisation and the interests of humanity. I resolved to make an attempt to prevent so great a calamity. I sent an ollicer aboard the Tn'hune, with a request that Captain Hornby, the commander, would call on me at my camp for the purpose of a conference. " The message returned to me by Captain Hornby was that he was much engaged at that time, and would come if ho could conveniently, but would be happy to see me on board his vessel. However, in a few hours the Ca[)tain came, accom- panied by Captain Prevost, the JJritish, and Mr. Campbell, the United States Connnissioner. " I informed Captain Hornby tin 1 1 had landed that morning with a force of United States troops, and exi)laine(l to him the reason why I had not landed at the wharf under the guns of the frigate. " I also said to him that I regretted that Captain Pickett had been so much harassed and threatened in the position he had occupied. I inquired of Captain Hornby who the ollicer highest in command was, and where he was to be found. Ho ' * ,■ ' t *»f I I 4 M m Ii I- if Zi I:. 282 SAN JUAN WAT1:R HOUNDAIIY. r ii m i Hi ■ ■■ '' bl'.'J.,v said it was Admiral Baynes, and that lie was then on board the flag-ship Ganges, in Esquiniault harbour. 1 intimated a wish to have a conference with the Adniiral, and that I would go down to Esquimault harbour the next day, for the purpose of the interview. Both the Captaiti and the British Couunis- sioner seemed pleased. The next day, accompanied by Captain Pickett (both of us in fidl uniform), and Mr. Campbell, I went down to Es(|uimault, on the steamer Shnhrick. We anchored near the Gnmjcs. I sent to the Admiral, by an officer, the note marked A. I received in reply the note marked \l. The note marked C was taken on board by Captain Pickett, and handed to the Admiral in person. Tiie Captiiin was courteously received bv the Admiral. Governor Douglas was present in the cabin. After reading the note the Admiral handed it to the Governor. Tlie Governor iiKpiired if 1 knew he was on board the ship. The Captain replied that he had no reason to suppose I did, but that I had not sought an interview with him, but with the Admiral. The Captain informed the Admiral that the steanier was thoti firing up, but that I would be happy to wait, should he then desire to give me the conference. It was declined ; but the Admiral reiterated his desire that he would be happy to see me on board the ship. 1 was of o[)inion that I had carried etli^aette far enough in going twenty-five miles to see a gentleman who was disinclined to come one hundred yards to see me. "The proposition which I intended to have made the Admiral was this : to calm the rising excitement on both sides among the people, and to .five time for the intentions of the home Government to be made known in regard to the matter, 1 intended to propose that in case he (the Admiral) would pass his word on honour that no threats should be made, or molestation given, by the force under his command, for the purpose of preventing Captain Pickett from carrying out the orders and instructions with which he is intrusted, I wouhl reconnnend to the couunandiug General the withdrawal of the reinforcement which had landed on the island under n>y com- mand, and that affairs should so remain until the sovereign the the Duld the SAN JUAN WATER BOUNDARY. 2S3 authorities siiould announce their intentions. I have so far had no further intercourse with any of tlie ollieers of tlie Heet. Lieu- tenant Kellog, 3rd Artillery, bein;,' at Fort Steilacooni, on the re- ception of your order I directed hiui to accompany nie in charij;e of the artillery. I trust that, under the circumstances, the General connnanding will ap[)rove of my course in the matter. " The 3Iass(ichusrtls arrived to-day, with Major Haller's command on board. Inasunich as most of the subsistence stores here are spoiknl, having been damaged on board -the Massnchnsetts^ before she landed them at Uellingham Day, and the articles of the (ptartermaster's department being recpiired, I shall direct the 3I(iss(trhnstt(s to proceed, as soon as the guns are landed, to Fort Towui^hend, and take from there all the public property, leaving a sergeant and two or three privates to take care of the buildings, and garden. I enclose a list of the ships and men which the British have in this vicinity. I would advise that the general send an oHicer express to San Francisco, recpu^sting the naval captain in command to send up any ships of war ho maj have on the coast. It is not pleasant to be ai the mercy of any one who is liable at any mometit to become your open enemy. The IJritish have a sufHcient naval force here to (■(i'tcliudly lilorhade t/iis ishnid when they choose. I do not know what the intentions of the British naval authorities with respect to this island are. I shall resist any attack they may nuike upon my position. I request that five full companies of regular troops, with an ollicer of engineers and a detachment of sappers, be sent here as soon as possible. Let Lieutenant Kellog's be one of the companies. 1 have enclosed copies of comnumicatioiis from Major Jlaller, with regard to his operations with the Indians. 1 think the major exercised a commendaI)!e enterprise in his operations, and tliat there will be no further dilliculty. " Very respectfully, your obedient servant, " t>II,AS CaSI'Y, *' Lieutenant-Colonel !»th Lifautry. "Captain Alfred IMeasonton, Acting Assistant Adjutant- " Ueneral, Fort \'ancouver, W.T." •'. •i } ■ 1 ij ' *'_ *• ;» *- ■ ji_ I- I*' ; '•* 2 '.^i'i iiV' I ' ,■ t, . . •. m m i •M m: }^ rrrT M ■ ; CHAPTER XII. m ..■j!.' w. I'l- ■ ■*'i ■ T;' !)v:. At this period Rear-Admiral Baynes, in commaud of the British lleot in the Pacific, had under him five «hips, carryin<^ an a^^p^regate of 1 07 guns, and upwards of 2, ()()() men. This force included sappers and minors and marines. He appears to have contented himself, however, with a demonstration ol his force, and this notwithstanding the orders of Governor Douglas that a landing of British troops should be elfected. The Admiral was complimented by the British Government for the line of conduct adopted by him. If the Governor had the full powers of a British Colonial Governor, surely the refusal of Admiral Baynes to carry out the orders issued to him would have been an act of disobedience to superior authority, for which ho could not, I should think, have been justly complimented. On the 1 1th of August Colonel Casey wrote the following despatch to hoad-(]uarters :(^) — " Head-quarters, Camp Pickett, San Juan Island, W.T., "August 14, 1859. " Captain, — I have the honour to acknowledge the receipt of your two communications, dated the 8th August, and also Special Orders No. 82. Since my last nothing of moment has transpired. The Tribune and S'ltellite are now in the harbour, with their broadsides on the landing. I have not been informed what the intentions of the British force in these (') American State Papers, p. 1G7. (( w the Mpt xlso lent Ithe Inot lose SAN JUAN WATER BOUNDARY. 2S5 waters are, but am of that tliey have con- opinion, however, eluded to wait for further instructions from highor authority bof nolei )ted. II( be prepared for the worst while hoping for the best. I shall accordingly direct the four companies of artillery at Steilacoom to join me at once. " In a former communication I asked for five companies and an engineer otHcer, with a detachment of tappers. I would like to have them sent round on board the United States ship Active, which Captain Alden has kindly placed at my disposal for carrying this despatch. The services of the engineer officer and the detaclnnent of sap{)ers would most probably be required but a short time. We are encamped in rather an exposed situation with regard to the wind, being at the entrance to the Straits of Fuca. The weather, at thnes, is already quite in- clement. To maintain the object of our occupotion I do not, however, from my present information, think it advisable to change my position, I have enclosed a requisition for 'Sibley' tents, with stores and quartermaster's stores, which I would like to be forwarded by the Active on her return. I have also enclosed a requibition for subsistence stores, which should be sent to Fort Steilacoom as soon as they can be supplied from San Francisco. In view of the jJOssible contingencies of the service, it was my intention to draw from Steilacoom, as a depot, sup[)lies as they would be needed. The Mufisuc/iKsetts landed her guns and amnmnitiou yesterday. I have directed that she leave to-day for Port Towiishend, and bring all the supplies from the port to this point, leaving there a sergeant and two men to take care of the public buildings and garden. I shall place the 82-pounders in position as soon as possible. With our present ap[)liances, I find them rather dillicult to manage. " Very respectfully your obedient servant, " Silas Casey, " Lieut.-Col. 0th Infantry, " Commanding troops on San Juan Island. " Captain Pleasonton, A. A. Adjutant-General, " Head-quarters, Department of Oregon, Vaiicouver, W.T." » . 'V <• I" ( J' 'J ,>:;v ■t' vr ■;:i 1 i ■ii m Mi ■0 ■ .!.►• r 280 SAN JUAN WATKIl 1K)UNDAHY. I* V m ""f:;^ la: On the Ifitli tlio followini^ instructions were forwarded to liini in reply :(') — " Head-quarters, De[)artmeiit of Oregon, *' Fort Vancouver. " CoLONKL, — The Cleneral cominandiug has received your reports of the 12ih and 14th instant, and acconipanyiug papers, and instructs ine to reply as follows : — "The supplies and stores required for the command of 8an Juan Island will be forwarded as soon as practicable ; tlie canq) and garrison equipage will be shipped on the Ac/ice. " The course pursued by you in ordering the four com- panies from Steilacoom to San Juan Island is approved. " A detachuient of engineers will be sent you by a small steamer; in the meantime have platforms made for your heavy guns, and cover your camp as much as possible by intretich- ment, placing your heavy guns in battery on the most exposed approaclies ; the howitzers to be used to tlie best advantage with the troops, or in the camp, according to circumstances. " Select your position with the greatest care to avoid the fire from the British shi[)s. In such a position your command should be able to det'end itself against any force the British may land. The Cenoral has requested a naval force from the senior ollicer on tiie coast, and has notified (jeneral Clarke, as well as tlie authorities at Washington, of the existing state of afl'airs on the sound. Troops and supplies will be sent to you as fast as tiiey can be collected. "Tlie General regrets, under all circumstances, your visit to Esciuimault harbour to see the British Admiral, but is satisfied of your generous intentions towards them. He instructs you for tlie future to refer all oilicial comuiunication desired by the British authorities to these head-quarters, inforuiing them at the same time that such are your orders. It is almost need- less to inform you that the subjects of Great Britain on San (^) Auieiioan State Papers, p. 1(58. SAN JUAN WATER HOl'NnARY, 2S7 the at iSan Juan Island will be treated with the same consideration and respect that is shown to our own fitiz-ens. " I ani, Colonel, very respectfully, " Your obedient servant, '* A. Pleasontox, "Captain 2iid Dra<^oons, A. A. Adjutant-l^eneral. " Lieut. -Colonel S. Casey, !*th fnfantry, couiniandiiiif " United States troops, San Juan Island, Pu^et Sound." In the moaiitimo, on the 1 Itli of Auij^ust, ^Ir. Campbell, Unitod States ('(»niniissioncr "ont a mild remonstrance ai^-ainst the violent measure-; of the military authorities, which had prohahly taken a more serious turn thaji he liad .0 first aiitici- pated, \^ritin<];' to General Harney in the following terms :(') — " Steamer S/ini>ric/iy " San Juan Harbour, Au<^ust 14, 1859. "My Dear Cknkral, — Captain Alden is about to leave the harbour of Fort Vancouver, with despatches from Colonel Casey, and I take the opportunity of dropping' you a line in relation to the state of all'airs resulting from the landing of troops on the island of San Juan. "When I learned from Captain Pleasonton that Cfiptain Pickett's company was ordered to San Juan, I tliou,u;ht it was a' very proper niovement for the protection of Aniorican settlers from nortiiern Indians, and from the interferences of the Hudson's i3av Company's awnts, who had recently been threatening to take one of the settlers to Victoria for trial ; and I did not anticipate from it any serious objection on the part of the British antlioiities of Vancouyer's Island — certainly no forcible opposition — troops at varimis times here- tofore having been sent there at intervals, in small detiuh- ments, for the protection of the settlers against the Indians. (') American State Papers, p. 1H7. I i^ m M 1^ 288 SAN JUAN WATER BOUNDARY i ■* r«i •y; Vf m m m !■ " But I happened to be making an exploration of the archipe]:;go at the time Captain Pickett arrived, and for several days after he landed I was anchored in this harbour ; and I soon saw that it was going to produce great excitement, unless managed with great discretion. " Before I saw Captain Pickett's instructions, I did not suppose it possible that any collision could arise between the United States and the English troops, and I took it for granted that his duties would be confined to the objects specified here- inbefore. While the boundary line still remains unsettled, and the commission appointed to determine the boundary line still existed, I did not suppose any resistance would be made by Captain Pickett to the lauding of the British tro()[)s, if they thought proper, as a matter of protection to English subjects on the island, to station a force on the island. It did not seem to me, under present circumstances, that we should be justified in going to the extent of refusing to allow them to land troops for peaceable purj)oses. I found that Captain Pickett had diflerent views, derived from your instructions, which he con- fidentially showed to me. I perceived that they were sus- ceptible of the interpretation he gave them, though they were not directly mandatory on the subject ; and supposing it pos- sible, if not probable, that you might have received instruc- tions from the War Department for the occupation of the island, I felt a diiicacy in interfering further in the matter, lost I might be disturbing plans well considered by you, and determined on by the Government. At the same time, as I liad no intimation on the subject from the State Department, I felt considerably troubled lest there might be some misun- derstanding. " I was called upon oflicially by my colleague, Captain Prevost, the British Connnissiouer for the settlement of the water boundary, to take steps individually, or in concert with him, to protest against the armed occupation of the island, it being intimated that British troops would be landed. As I did not consider it my duty as Commissioner to interfere with the operations of the military forces of either (Jovernment; 1 KV; S\\ JUAN WATER BOUNDARY. 281) mul I Mlt, tain the ■with witli »t; 1 (K'Ciiiied to take the steps 'uidicated. Thus far no serious results have followed from the presence of troops on the island; but there is a good deal of excitement among the authorities of Vancouver's Island, and, doubtless, a great deal of mortifi- cation ; and, if I may be permitted to advise, I would recom- mend caution, so as to prevent, if possible, any collision, which, I think, under no circumstances ought to be allowed to occur. " However certain may be your conviction that the boun- dary line according to the treaty should run down the Canal de Haro — and I have never hesitated, when asked, to say that such is the grounil I have taken as Connnissioner, and that in this, I believe, I will be supported by the (jiovermnent — still the question has not been authoritatively decitled ; and unless you have some intimation from the War Department which has governed your actions, I fear that the decided action you have taken in declaring the island American territory may somewhat embarrass the question. I shall be greatly relieved to learn that you have some authority from the Governmcnl for the decisive step you have taken, though I do not pretend to ask or de^ire the information in my oflicial capacity. I thoui^ht it possible, if you had no directions from home, that you might be in error on some point regarding the joint com- mission, and therefore have taken the liberty of letting you know that it still exists, notwithstanding the slow progress made ill settling the boundary question. " 1 presume Colonel Casey has fully informed you of everything that has taken place since my arrival, and there- fore I need say nothing further. " Hoping you will excuse the liberty I have taken in writing you thus freely, I am, my dear General, very respectfully and trulv, vour obedient servant, " AuciiinALD CaMI'IIELL. " Brigadier-General W. S. Harney, " United States Army." Gcnor il llanu'y replied as follows :(') — (') Ainoriean State Papers, p. lOD. T '■r '4^ 5^ im :>\ I ■;-4 ■ % 290 SAN JUAN WATKR UOUNUARY. " Head-quarters, Department of Ore':()ii, " Fort Vancouver, W.T., August 16, 1850. "My Dear Sir, — Your communication of the 14th instant has just been rectived, and I hasten to place you in possession of the facts connected with the occupation of San Juan Island by some of the troops of my command. This step would have been taken before, but I was informed you were en route to Washington. " I enclose for your information a copy oi a protest issued by Governor Douglas, Commander-in-chief of the island of Vancouver, to the occupation of San Juan Island, and claim- ing the sovereignty of said island for the crown of Great Britain ; also a copy of my letter to Governor Douglas in reply to his protest. " You will perceive that in my reply to Governor Douglas, I charge the British authorities of Vancouver's Island with having violated the right of American citizens on the island of San Juan in such a maimer and by such moans as to leave me no other alternative than to occupy the island for the protection of American interests. In assuming this responsibility I was careful to state distinctly and fully to Governor Douglas the position of my troops on the island of San Juan, and I reiterate to you that the relative claims of the two countries has had nothing to do in the assignment of the troops in (piostion. The British authorities chose to violate treaty stipulatioiis made in good faith, and maintained by the United States in good faith, l)y attempting to arrest an American citizen on San Juan Ishuul, to carry him to Victoria to be tried by British laws. To prevent a repetition of this outrage, until the Government of tlie United States could be apprised of it, I have placed troops on the island, with such orders as I have doomed necessary to effect this object. " With the question of the boundary between the United States and Groat Britain, I disclaim ha* Ing done anything with respect to it in occupying San Jua«i Island. "Gri'at l>ritain has no sovereignty over American citizens on San Juan Island, and every attempt made by her authorities SAN JUAN WATKIl noUNDARY. 291 to advance such claims I shall resist until further orders from the President, to whom I have submitted the whole matter ; in the meantime, I hope the labours of your joint conmiisslon will be prosecuted amicably and successfully, for I assure you that no one is more desirous of facilitating your labours than myself. " I am, sir, with high respect, your obedient servant, "W. S. Harney, " Brigadier-General Commanding. " Archibald ('am[)bell, Esq., " United Stales Commissioner, " North- West Boundary, "Harbour, San Juan Island, Pugets Sound." The (reiicral, it appears, intcndi'd this as a dis- elainior of any intention on his j)art to assert any sovereignty, on behalf" of the United States, in respect of the island of San Juan. It may be considered tiiat such disclaimer came somewhat late, and >vas incim- sistent with the tenor of former letters or despatches written by liim. On the 1 bth of Au<^ust, General Harney sent the following' despatch to General Wintield Scott, Com- mander-in-chief of the United States army, and being at that time in AVasliiiigton,(*) " IIead-(pjarters, Di'partment of Oregon, " Fort Vancouver, W.T., August 18, 1850. " Sill, — Since my re^jortof the 8th instant to the Adjutant- CJeneral, a copy of which was sent to your ollice, with accom- panying papers, I have received the enclosed correspondence from Lieutenant-Colonel Casey, connnanding on San Juan Island, as a record of the events which have occurred at that place ; in addition to which I have the honour to report, for the information of tl'e (jeneral-in-chief, my own action, based ^ % f I (') Aiiiorioan State I'apPi'H, p. H\2. ^-T" 292 SAN JUAN WATEll BOUXDAllV, w ,>J ■,.»i • - V "r » ■■,•,"' ' w VS.-. ..■'■■ ^^ on the above correspondence, as shown by the enclosed copies to Lieutenant-Colonel Casey and Commissioner Campbell, and also a copy of a communication from his Excel'ency (iovernor Gholson, of Washington Ten-itory, containing an assurance of a cordial response by the people of this Territory, whenever it may be necessJiry to apply for their assistance. " I enclose a list of the fleet and forces of Her Britannic Majesty on service in Paget Sound, which have been made use of to threaten my command occupying San Juan Island. This armament, it will be seen, contains five vessels of war, 107 guns, 2,140 men, some GOO of which are marines and engineer troops; and when it is known that this force has been employed from the 27th day of July until the 10th day of August — the day on which Colonel Casey with reinforcements reached the island — in using every means in its power, except o[)ening fire, to intimidate one company of infantry but sixty strong, the conviction will be universal that the cause which this large armament had been called upon to maintain must be totally deficient of right, justice, and integrity. " The senior officer of these British ships of war threaten- ing to land an overpowering force upon Captain Pickett, he nobly replied that whether they landed fifty or five thousand men his conduct would not be afTectod by it, that he would open his fire, and, if compelled, take to the woods fighting ; and so satisfied were the British officers .nat such would be his course, that they hesitated in putting their threat iiito execution. For the cool judgment, ability, and gallantry which distin- guished Captain Pickett in his command on San Juan Island, I most respectfully oiler his name to the President of the l-'nited States for his notice, by the preferment of a brevet, to (late from the conmiencemcnt of his services on San Juan Island. " On the 14th August Colonel Casey had five companies with him on the island, and was busy placing in position eight r,2-pounders, taken from the steamer Mutifiar/iusetts, by my orders. By this time lour companies more have joined him, making in all nine comi)anies — say five hundred men. These, S.VN JUAN WATKR BOUXnARY. 293 witli the cltizons on the island, can now defend it until a di- version could be made in their favour. From the height of the island above the water it presents many advantages for shelter from the fire of a fleet, and no force could be landed to dislodge Colonel Casey after his guns are in position and nis entrenchments are completed. A detachment of engineer troops will proceed by the mail steamer in a day or two for service with Colonel Casey's command. " The visit of Colonel Casey to Esquiinault harbour to see the British admiral, was not anticipated by me, and was a generous ai.'t of zeal on the part of the colonel, tending, how- ever, to produce confusion in the minds of the British authori- ties. I have directed that in future all official communications be referred direct to head-quarters. Some Indian disturbances occurred at Whatcom, on tlie Sound, about the 7th instant, in which one man was killed. The steamer Massachusetts pro- ceeded immediately to the spot, and arrested the ringleaders. Four Indians were killed iu the melee at \Vhatcom, and the re- maining offenders have been turned over to the civil authority. " This prompt action has restored quiet to the country around Wiuitcom. " I am, sir, very respectfully, your ol)edient servant, " W. S. Harney, " Brigadier-General Commanding. "Assistant Adjutant-Ceneral, " Head-quarters of the Army, New York." Oil the 25tli General lltiniey sent anotlier des- pateh to head-quarters, and coiinnented upon tiic letter ot'dovernor DouLjlas of the I'ith of August. The despatch of the 2")th was as follows :(') — " Head-(puvrters, Department of Oregon, "Fort Vancouver, W.T., August 25, 1801). " Colonel, — I have the honour to enclose a copy of a despatch from his Excellency Governor Douglas, of lU'r (') AiiR'iiciiii Statu I'apors, p. 17■; SAN .ir\N WATIR nolNDAKV •21)5 of asserting any sovereignty over the Island of San Juan, beyond that whicli the necessity of the case has demanded. A. copy of this communication has already been sent to you. " Mr. Marcy's instructions in reference to the conduct of the officers of the two Governments never contemplated the case of a direct aggression on the rights of our people, backed by so powerful a naval force as to create strong surmises of its intentions. Indeel, so extraordinary has been the course of conduct of the British in reference to San Juan, and so evident has been tlieir design to force our people from the island, that I should consider I had been recreant to the high trust im- posed on me in not taking possession of the island, it being the only position from which we could defend our rights to aflvan- tage. Eight companies are now on the island, with eight 32-pounders, landed from the steamer Mnssachnspffs. A de- tachment of engineer troops are engaged with the trooj)s in constructing a field work to defend their position, and at the same time protect them from any fire from the water. Thi-* command is fully su[)plied for over two months, and is con- sidered now to be al)le to hold its own, in the event of any dithculty, until reinforcements could arrive. I enclose a copy of Governor Douglas's message to the legislature of Vancouver's Island ; also of the British Colonist, the Government i)aper published at Victoria, giving an account of the proceedings of the Assembly in relation to San Juan ; also an editorial, com- plaining that an error iiad been conmiitted by somebody on their side. Our quick-witted people were aware of that fact nearly two months ago. " I am, Colonel, very respectfully, your obedient servant, " Wm. S. Harnky, " Brigadier-General Commanding. " Colonel S. Cooper, Adjutant-General U.S. Army, " Washington City, D.C." On the 29tli lie again wrote as follows :(') — (') American State Papers, p. 177. If K n ♦^ 111 h '1- it. P^: -I R^ '2dC) SAN JUAN WATER BOUNDARY. ii 3' W LH'V •■A"-' " Head- quarters, Department of Oregon, " Fort Vancouver, W.T. " Colonel, — I have the honour to enclose a copy of Mr. Marcy's despaich, referred to in Governor Douglas's connnuni- cation to me of the 13th instant, which was received on the night of the 27th instant, with a note from Wm. A. G. Young, Esq., Acting Colonial Secretary, a co[)y of the same being also enclosed. *' My communication of the 24th insfcmt had been sent to Governor Douglas before Mr. Young's note and its enclosure were received. The instru( tions of this document from Mr. Marcy have no bearing u[>o'i the question at issue between the 13ritish authorities of Vancouver's Island and myself at this time; and my answer to (Jovernor Douglas of the 24th instant would appear as it is, had this copy of Mr. jNIarcy's despatch accompanied the Governor's letter of the 13th instant. " The spirit of Mr. Marcy's instructions, when carried out in good faith by the functionaries on citizens of both countries, I not only most heartily approve, but I am satisfied my con- duct will stand the most critical and searching investigation in the support of that approval. '' From the time of my assuming the command of this department until the occupation of San Juan Island, I was most careful neither to increase nor change the position of the force on Puget Sound, that there might be no misconceptions of my acts on the part of the British of the good taith which animated me in the observance of treaty stipulations. Time and again our lighthouses were attacked, and the wives sind children of our citizens on that coast were brutally murdered by British Indians. Reports reached me that these Indians had been instigated to these acts by the Hudson's Bay Com- pany, in order to drive them from the lands which tliis immense establishment covet for tiieir own purposes. " I was well aware of the extent and power of this great commercial monopoly, second only to the East India Com- pany, which has crushed out the liberties and existence of so ,(• : • SAN JUAN WATER BOUNDARY. i>97 rf many nations in Asia, and committi'd barbarities and Jitrocitics for wliich the annals of crime have no parallel. I knew the exacting policy of the Hudson's Bay Company would not hesi- tate to adopt any measure deemed necessary to insure their success, for their history had shown this ; and the history of our wars with England establisii the fact that an Indian alliance is their first requirement. With all these truths before me, I was still reluctant to believe that the Hudson's Bay Company would attempt the violation of the solemn obligations of a treaty, or that tho British authorities would ()ermit any action to be taken by the Hudson's Bay Company, in case an attain [)t was desired by them. Judge, then, of my astonishment and mortification, in my late visit to San Juan, to find an un- worthy advantage had been taken of my forbearance to out- rage our people in the most insulting maimer. For this thing was not (lone in a corner, but in open dav. A British ship of war lands Mr. Dallas, the chief factor of the Hudson's Bay Company, who abuses one of our citizens in the harshest manner, and threatens to take him by force to Victoria, for trial and imprisonment. Finding the citizen resolute in the defence of his rights, the Americans were informed the British Indians would be sent down upon them to drive them from the island. I shall subslantiate these facts by the affidavits of American citizens of such position and character as camiot leave a doubt of their truth, and showing the attempted denial of Governor Douglas, in his connnunication of the 13th inst., is only a quibble. These affidavits would have been sent before this, but the disturbances at San Juan, and the difficulty of communication in this country, have delayed their completion. " It is proper also that I should inform you that Captain Alden, of our navy, commanding surveying steamer Active, has reported to me a conversation which he held with Governor Douglas since the occupation of San Juan, in which conversa- tion Governor Douglas stated that, in the event of a collision between the forces of the two countries, Iv would not be able to prevent the northern Indians from diiving our people from the island. This intimation from Governor Douglas is signifi- a MS "Is rf "I'll yd ■'M r.'ti.'' ■5 H m •7 H.: I. 1 ('-} Hi ill • » ^M^ 4? ;.'';><,>■ . liil'i' -■ ' SAN JUAN WATER HOUNDAKV. cant as indicating the conception of such an action originated before the occupation of the island, and was the foundation of the reports of our people throughout the winter, that I did not consider at the time of suflicieut importance as to notice in my official reports. From all the events which have occurred before and since the occupation of San Juan Island I am convinced the British Government have instituted a series of acts aiming at the eventual sovereignty of San Juan Island, in consequence of its paramount importance as a military and naval station. Its position, in connection with the islands adjacent to it, has induced the English to call it the Cronstadt of the Pacific, and with good reason, for the power that possesses it will command a supremacy on this coast. " In the occupation of San Juan I have assumed a defen- sive position against the encroachments of the British, either by authority, or through the medium of their Indians, upon the rights, lives, and property of our citizens. I was influenced by no other motive in placing troops upon the island. " In the matter of ownership, 1 have carefully investigated tlie treaty of 1846, defining the boundary between Great Britain and the United States, and I have also personally examined the premises in question under the fairest auspices, and I fearlessly assert a stronger title cannot exist than that which the treaty of 1846 establishes for the United States in San Juan, nor do I believe the British would have ever attempted the hazardous game they are now playing, but for the innnense prize at stake. " I am, Colonel, very respectfully, your obedient servant, " Brigadier-General Harney. " Colonel S. Cooper, "Adjutant-General, Washington City, D.C." On the following day, in another despatch, he specified the number and quality of United States (') American State Paj eis, p. 179. a^ mt, I) ^^^ bates SA\ JUAN WVTF.U BOUNDARY. 209 troops and artillery in tlio Island of San Juan, and described them as follows : — " Companies A and C 4th Infantry, and II of the Oth . . 139 „ A, B, D, and M of 3rd Artillery 181 „ D Oth Infantry 66 „ I 4th Infantry 64 Detachment of Company A Engineers 11 Aggregate 461 " Besides this force, Colonel Casey has with him eight thirty-two pounders, which 1 ordered to be taken from the steamer Massarhitsetls. " The amnuniition for these guns consists of round shot, grape, and canister. Captain Pickett's company took with tliem to the island one six-pounder and two mountain howitzers, and Colonel Casey's connnand from Steilacoom increased that number by three mountain howitzers. " This connnand is busily engaged placing its position under entrenchment, and has been amply supplied with everything necessary and requisite to maintain itself for nearly three months. From the conformation of the island, and the position occupied by the troops, the English ships could not remain in the harbour under a fire from the thirty-two-pounders, but would be compelled to take distance in the Sound, from whence they could only annoy us by shells, which would he t. .ng. The English have no force that tiiey could land whicli would be able to dislodge Colonel Casey's command as now posted." From the description of these lawless proceedings, in which each stop on the part of the United States officers constituted a new affront towards the Hag of Great Britain, and a new breach of international law, it is refreshing to refer to the resolute and dignified attitude assumed by Lord Lyons, our Minister at Washington. i 4 i ,!. 1 i .•■:j* ■Ft H ' 1 ^;'l % M j... i •':■' m 10, m ti,p f! 'X •■'•♦■■■.•.V . t** J* « ■ ' ; -.- -^.v^,- ■t ■■■ ' ■■ 300 SAN JUAN WAT!, II HOINDAKY Totally unaware of wliat liad taketi place, Lord Russell, then at the Forei<^n Office, had, on the 2 1-th of Aui^-ust, forwarded to Lord Lyons a despatch con- taining a most statesmanlike and powerful ar<^ument upon the question of the boundary, proposin^^ as a kind of compromise that a central channel, runnin<^ throuj^h the Haro Archipehigo, which had been dis- covered by Cai)taiu Ilichards, should be adopted. The position ui' such channel is sufficiently de- scribed in his despatch, which was as follows :(') — " Foreign Ollice, August 24th, 1850. " My Lord, — Your Lordship was ap[)risod hy my pre- decessor, iti his despatch No. 30, of tlie 2(Sth of April, that instructions would shortly be sent to you with regard to the boiuuhiry between Her Majesty's possessions and those of the United tStiitos osi the north-west coast of North America as (ixed by the treaty of 1840. Circumstances prevented that intention from being acted upon [)reviously to the change of Government, and it is now my duty to convey to you those instructions. " Your Lordship is no doubt aware tiiat the British and American commissioners appointed in 185(! to survey and mark out the boundary differed in opinion as to that portion of it lying between the Gulf of Georgia and Fuca Straits. As far, indeed, as there is only one channel separating the con- tinent from Vancoaver's Island, no doubt can be entertained as to the true boundary, which, .iccording to the treaty, runs from the forty-ninth parallel of latitude down the centre of the Gulf of Georgia to its soutliernmost point, and no question can arise as to that portion of the boundary wIjIcIi is to be drawn through the centre of the Straits of Fuca to tlie ocean, liut with regard to the intermediate portion of the boundary the commissioners differed in opinion, the British commissioner ('j American State Paiiers, p. 218. U.'' a and uul rlioii As Con- ine d runs the can awn IJut tlie SAN JUAN WATI.R IJOLNDAUV :M) I coiiccivlnj,' that the line shonid bo traced through the channel known as llosario Straits, while his American colleague main- tained that it nmst be songht tor in tlie llaro Channel. The commissioners defended their respective |)ositions in a corre- spondence of some length, marked by uuich ability on both sides. Neither commissioner, however, was prepared to deter to the arguments of the other. The American commissioner rejected an oiler to compromise the matter subsequently made to him by his English colleague, and the commissioners, considering that under these circumstances it was u»ele.-s to contiiuie ttieir correspondence, signed, on the 3rd of December, IM.>7, a miimte recording their disagreemeiit, and adjourning their proceedings until circumstances should render it neces.>ary for i\\o\\\ to meet agani. " It is much to be regretted that there was not annexed to the treaty of 184G any map or cliart by which t' e true meaning of the expressions made use of in the lirst articie of that treaty could have been authoritatively ascert^iined. The British Commissioner was clearly of ()[)inion that both the boundary intended by the plenipotentiaries who negotiated the treaty of 184G, and also the channel spoken of in the treaty, is the channel known as llosario Straits, and Her Majesty's Govern- ment fully share that opinion ; but inasnnich as it is now proved that there are several channels connecting the (julf of Georgia with Fuca Straits, that circum>tance attbrded to the American commissioner the means of contesting the view of the case taken by his English colleague, and the result has unfortunately been, that a question which Her Majesty's Govern- ment had hoped was (inally set at rest by the trt'aty of 1846, remains still a subject of discussion. " It may be c» i.venient that I should here pass in review a few of the arguments which led Her Majesty's Government to the well-founded belief that the boundary between the J>ritish and American possessions, as fixed by the treaty of 184G, is the llosario and not the llaro Channel. " The words of the first article of that treaty are as follows: — " * From the point on the forty-ninth parallel of north lati- Ml Vi. m. 1 ^1 ip^ f ^^ ' • i *'i Wr'3 . t fi-a m ^^M 'J., m , 'rt": ',\-x ■,■'■^.1 ■>' 1% he ■ 302 SAN JUAN WATKR BOUNDAHY. tilde, where the houiulary hiid down in existing treaties and conventions between Great Britain and the United States ter- minates, the line of boundary between the territories of Her Britannic Majesty and those of the United States shall be con- tinued westward along the .-aid forty-ninth [)aral!el of north latitude to the middle of the channel which separates the con- tinent from Vancouver's Island, and thence soutiierly through the middle of the said channel and of Fuca Straits to the Pacific Ocean : Provided, i;.)wever, that the navigation of the whole of the said channel and straits, south of the forty-ninth parallel of north latitude, remain free and open to both parties.' " The treaty, therefore, in dealing with the space separating Vancouver's Island from the continent, speaks of trt'o divisions only, viz., the ' channel' and the 'strain' — the channel being that counueucing in the (nilf of Georgia, and those straits being the Straits of Fuca. The information ac(piired by subsecpient surveys sluws that it mlgiit have been more correct to have divided that space into three portions, viz., the Gulf of Georgia, the Straits of Fuca, and the intervening channel or channels by which the Gulf of Georgia and the Strait'^ of Fuca are con- nected. A glance, however, at Vancouver's chart, which is the only map that the British (lovernmeiit, and, it is Ijelieved, the plenipotentiaries of the two Governments had before them, at the time when the treaty of 1840 was negotiated, will suffice to show why the treaty sj)eaks only of the ' channel' and the ' straits.' Vancouver's chart depicts the ehaimel through which he sailed as being an uninterrii[)ted water line, passing in a southerly direction through the Gulf of Georgia, and the passage known by his name, but since called llosario Straits, into the Straits of F'lica ; and on the assumption suggested by a study of that map, that the channel discovced bv Vancouver was the main artery connecting the Gulf of (Jeorgia will; Fuca Straits, there was no necessity for mentioning the chiinnel which was to serve as the boundary between the British and the American possessions, otherwise than in the terms used in the treaty. " For the same reason the treaty designates as 'southerly' I* . ■ - SAN .HAN WATKR 1U)LM)AK\. ;i()3 m '*/.! jriiits, Id by |)IIVIM' linncl iuid I'd in crlv' the direction which tlie boundiiry line is to take, from the v\ostorniii()s-t point of the foity-nii th juiralh-l oi' hilitude, con- sidered with reference to Vancouver's chart. The term 'southerly' is a sulhcieiitly accurate description of a boundary to be traced through the centre of the Chilf of Georgia, and of the passage navigated by \'aiicouver into the iSt raits of i'lica. " l)Ut if the boundary line had been intended to pass through the Ilaro Cliannel, the treaty must have been otherwise worded. The Jlaro Cliannel could not have been regarded or descril)ed as a portion of the channel connuencing with the (Jult of (ieorgia, for it is neither the channel discovered by Vancouver, nor is it in regard to its general configuration a continuation in a southerly direction of the didf of (Jeorgia. Moreover, it was not at that time known, at all events, by Her Majest)'s(.iiovern- nient, to be navigable (or shipping; but, on the contrary, it was sup|)()sed to be a dangerous, if not an unnavigable strait. '' The liritish provinces and those of the I'nited JStates, which, in aceor Channel, take for some distance, not a soutlierl\, but a wi'sterly direction, describing for that purpose an acute angle bi'lbre the southerly course spoken of in the treaty could be resinned. Coiisei[uently, if the pleniporentiaries iiad inti'iided that the boundary line should pass through '.he Ilaro channel, tlii'y woidd undoubtedly have specilied that channel by name, in order t(} distinguish it Ironi t/ic chiinnil — that is to say, the chamiel u>■><■■ ■ 1 r." '. ^V ■. Canal (le ITaro, so far from being a continuation of the channel through tlie Gulf of Georgia, is rather a distinct and inde- pendent channel running parallel to that gulf, and having its CDUunencenient in the straits separating Saturna and the other islands in that quarter from Vancouver's Island. " Bnt all these points were so ably argued byCaptain Prevost, the British Commissioner, that Her Majesty's Government do not tiiink it necessary to restate them in this despatc'n. They think it sufficient to refer to his reports, and to stiite in general terms their conviction, that, whereas the chaimel through liosario Straits does, in all essential points, answer to the plain meaning and intention of the treaty, the Ilaro channel does not do so. '"' The conmiissioner of the United States rested his view of the inter[)retation to be given to the first article of the treaty mainly on the expression made use of by Mr, McLane, the American minister at this Court in 184G, in reporting to his Government the terms of arrangement which he thought the British Govennnent would probably offer, and on the language employed by Mr. Benton in the Senate when the treaty came under discussion before that body. It ; tpears that both Mr. McLane and Mr. Benton indicated the Canal de Ilaro ; Mr, McLane as that which he thought the British Government would offer as the boundary line, Mr, Benton as that which tiie Government of the United States had understood as the boundary. " Her Majesty's Government have not failed to consider, with the attention it deserves, the arguments to be drawn from those statements in favour of the position of the American connnissioner ; but, while those statements may be taken as evidence of what were the views of Mr. McLane and Mr. Benton, ller Majesty's Government cannot accept them as necessarily proving what were the intentions of the plenipoten- tiaries who signed the treaty, or what is the fair construction of the treaty itself. "ller Majesty's Government, indeed, do not think that they should be asked to do so, seeing that the words of the . ''11 « ..'.I . ^ idor, rorn k'liti In as Mr. \\ ns kon- l>u ot" I that tlie SAN JUAN WATKll BOUNDARY. 305 treaty, which ought to be the guide, do not properly admit of that interpretation ; and that it is beyond dispute that the intentions of the liritisli Government were that tlie line of boundary should be drawn through Vancouver's channel. " With reference to this point I have to state to you that the Earl of Aberdeen, to wiiom L am referred, informs nie that he distinctly remembers the general tenor of his conversations with Mr. McLane on the subject of the Oregon boundary, and it is certain that it was the intention of the treaty to adopt the mid-cJuninel of fhe straits as the lino of devnarcation, without any reference to islands, the position, and indeed, the very existence, of which had hardly, at that time, been accurately ascertaiiunl ; and he has no recollection of any mention havnig been made during the discussion of the Canal de llaro, or, indeed, any other channel than those described n\ the treaty itself. I also enclose a memorandum drawn up by Sir Richard Pakenham, the negotiator of the treaty of 1840 (p. 223 j. " Such being the state of the ([uestion, and Her Majesty's Goveriuncut being anxious to see it finally settled in a maimer satisfactory and honoural)le to both parties. Her Majesty's Government have had to consider the advice which it belioves them to tender to the Crown with a view to so desir.iblo u result. " This duty has been rendered, in the present case, a com- paratively easy one. Her Majesty's GovernmenL cannot doubt that their desire for a nnUually satisfactory and iionourable settlement of the (pie.--tion is fully reci[>rocated l)y the Govern- ment of the United States, and they feel confident that the gradual disai)[)earance, one after another, tiirough tlu> good sense and conciliatory s[)irit shown by botli Governments, oi these points of ditlerence, which the I'resident of the United States, in a former message to Congress, described as irritating (piestions, has left no room for doubting that this sole remain- ing (juestion can also be satisfactorily adjusted. '• Her Majesty's (jiovernment trust that, as betw(»en this coimtry and the United States, the day for tedious arbitrations, and still more, for hostile demonstrations, is gone by ; they see ■.;«■ '4 t , ; I '".1 •:. .1 1 1 I 300 SAN JUAN WATER BOUNDARV ^^z^- K.i r- ■. i.', '.) A-: no reason why this, ami, indeed, any other question which may from time to time arise, should not be settled by direct and friendly communication between the two Governments. The true and just interpretation of treaty engJigements is the only law by which Her Majesty's Government claim to be governed in their dealings with the United States ; the force of argument is the only force to which they desire to appeal ; and when the interpretation is asserted to be doubtful, or the argument fails to convince, Her Majesty's Government concei\e that the only alternative which befits two great nations, bound to each other by such ties as those which unite Great Britain and the United States, is to endeavour to adjust the difference by mutually honourable compromise of conflicting pretensions. " Now the result of the survey upon which Captain Richards, of Her Majesty's ship Plumper, has been lately engaged, as set forth in the enclosed chart, shows that, in addition to the Rosario Straits and to the Haro Channel, there exists a third navigable passage connecting the Gulf of Georgia with Fuca Straits. *' This third channel is, indeed, reported by Captain Richards to answer, in respect of its central position and southerly direc- tion, to the channel described in the treaty ; and, assuming it to have been the intention of the plenipotentiaries that the several channels coimecting the Gulf of Georgia with Fuca Straits should be considered for the purpose of the treaty as one chamu'l, it may fairly be argued that this central passage would not onl) satisfy the recpiirements of the treaty, but would divide between the two coimtries, in proportions which each party might consent to, the chi?>ter of islands h which the channel is intersected. The a HS u x! 3 OS SAN JUAN WATER BOUNnARV. mr'..' m~^- h^'^' :: •'/. . fc = ';.v'- ■■<■ m- wise rocouimeiul^ itself for adoption as being in accordance witii the principles wliicli regulated the division l)et\veen the two countries of the islands in the river St. Lawrence. " Her Majesty's (iovernment further submit to the Cabinet of Washington whether, to a view to mutual convenience, it might not be desirable tliat tlie small promontory known as Point Roberts should l)e left to Great Britain. The point is of no intrinsic value to either Government ; but its possession by the United .States will have the eli'ect of detaching an isolated spot of small dimensions from the more convenient jurisdiction of the British colony. As the Government of the United States will obtain, under the proposal now made, the more valuable portion of the islatids in the straits, Jler Majesty's t consider that the retention of Buiut Iloberts can hardly be an object with them. *' There is one other consideration to which I would wish to draw the attention of the (iovermnent of the United States. In the discussions between Lord Ashljurton and Mr. Webster, which resulted in the treaty of 1842, the American plenipo- tentiaries argued upon the relative importance to the two coimtries of the territory then in dis[)ute. Her Majesty's (iovernment fichnitted the value of that argument, and acted u[)on it. The same language was employed in ^840, U[)on the Oregon (piestion, and on both occasions the United States ol)tained the larger |)ortion of tlie territory in dispute, their plenipotentiiu'ies successfully arguing that it was of greater value to the United States than it could be to Great I'ritain. " Upon the present occasion this state of things is reversed. The adoption of the central channel would give to (ireat Ib'itain the island of San .luan, which is believed to be of little or no value to the United States, Mhile much importance is attached by British colonial authorities, and by Her Majesty's Government, *^o its retention us a dependency of the colony of \'ancouver's Island. "Her Majesty's Government nmst, therefore, under any circumstances, maintain the right of the British Crown to the Vi SAN .1UAN WATER HOUNDARY, 801) island of San Juan. The interests at stake in connection with the retention of that ishuul are too important to admit of compromise, and your Lordj^hip will consequently bear in mind that whatever arrangement as to the boundary line is finally arrived at, no settlement of the question will be accepted by Her Majesty's (Jovernment which does not [)rovi(le 1 >v the island of San Juan beiut^ reserved to the British Crown. " Your Lord?hi[) will bring to the consideration of tliis question the same conciliatory sj)irit and frank and straight- forward bearing which have distinguished you on previous occasions; and I am happy to think that in the President and Secretary of State of the Tnited States you will find statesmen animated by the same honoural)le dispositions. " Her Majesty's (joveruii.unt hope that the American Government will a[)preciate the arguments you are instructed to employ and the spirit in which you will advance them, and ]ler Majesty's Ciovernment will not permit themselves to believe that the negotiation can, under such circumstances, fail of a successful issue. " It may be proper, however, that you should make the (government of the United States understand that this proposal of compromise which you are thus instructed to lav before them is nnide without prejudice to the claim, which ller Ma- jesty's Government consider themselves justificnl in maintain- ing, to the Uosario Chahnel as the true boundary between Her Majesty's possessions and those of the United States. They otl'er the compromise in the hope that its acceptance by the Government of the United States may obviate any furthi r discussion on the subject; but if it is rejected they reserve' to themselves the right to fall back on their original claim to its full extent. " You will read this despatch to General Cass, and will leave with him a copy of it. " I am, t'^c, kc, kc, "J. ilUSSELL. " Lord Lyons, i^c. kc. i^c." IB. ^ ■- lilt- tm It''.'' I 310 SAN JUAN WATER BOUNDARY. is>^V i ■ PA* - ■ k'V.r ■ This despatch was communicated to Mr. Cass on the 1:2th of September. It is, perhaps, unfortunate that the British Go- vernment should have offered a compromise of the rights of Great Britain, in the face of the evidence presented by the maps of General Fremont and Mr. Preston. This offer naturally tended to produce erro- neous impressions in the minds of Americans ; and they began to believe, either that we doubted the validity of our claims to the archipelago, and so were willing to give up a i)art in order to save the rest ; or that we did not feel equal to or inclined for an encounter with them in su])p-.'■■■< if, CHArTER XIII. I\ tlio moantime a rumour had reached Lord Lyons that United States troops had been huided on the ishmd, as above described, and he at once, on the 3rd of September, wrote to Mr. Cass as follows :(') — " InniK'diate.] " Washington, September 3rd, 1859. " Sir, — It is stated by the newspapers tliat intelligence lias been received in this city that a detachnunit of United States troops has endeavoured, by order of General Harney, to establi->h itself on the island of San Juan, in the Gulf of Georgia. It is needless that I should dwell upon tlie consider- ations which render uio extremely anxious that this statement should not reach Her Majesty's Government without such information respecting its truth or falsehood, and such expla- nations concerning it as the Government of the United States may be disposed to afl'ord." Lord Lyons then referred to his former letter of the 1.0th of ^lay 1'^ .')'.), and stated that inasmuch as he had received no answer thereto, he was the more earnest in requestiuL;' ^Slr. Cass to enable him to send, as sj)eedily as possil)le, satisfactory int'orniation to Her Majesty's Government on the subject to which it referred. It will have been seen that General Harney had, on the lOth of July, forwarded a desj)atch to the " As- sistant Adjutant-General, Head-quarters of the Army, (') American State Papers, p. 22 1. :^:- rm su SAN JUAN WATER BOUNDARY. jf Ik*'-' -^.1 ' V J- "!;'■■" I' Stf »^ Now York City," statiiii^ tluit he had cstahlislicd a force on San Juan rshuid. It does not clearly appear why tliis despatch was sent to the ^•vsm7«//^ Adjutant- General at Xew York, for I find that on the 7th of August the General forwarded a despatch to the '' /U/jiitant-Geiicral, AVashington City, D.C.," the seat of the Government of the United States. Whatever may have been the reason, it is clear that the for- warding this despatch to New York, while the seat of (jrovernment was at AVashington, displayed, to say tlie least, an ignorance on the part of the General, of the consequences which might liave resulted from the stej) he had taken, or a most culpable recklessness. So great, indeed, was the delay occasioned by this remissness, that it was not until the .Srd of Septem])er (the date, to be remarked, of Lord Lyons' pressing communication to !Mr. Cass), tliat an answer was forwarded by tlie Government of the United States. The Acting Secretary of War was then, it appears, directed by the President, Mr. Buclianan, to write as follows :(!)— " War Dopartnioiit, September .3, 1859. " SiK, — Your (k^spatch of the l!>th of July last, addressed to the General-in-cliief, has been forwarded to this department, and laid before the President for his consideration. " The President was not prepared to learn that you had ordered military possession to be taken of the island of San Juan or Bellevuc. Although he believes the Straits of Ilaro to bo the true boundary between Great Piritain and the United States, under the treaty of June 15, 1840, and that, conse- quently, this island belongs to us, yet he had not anticipated that so decided a step would have been resorted to without (') Amerioim State razors, p. 148. vM^- SAN JUAN WATKll BOUNDARY. 313 instructions. In cases respoctin;^ territory in dispute between friendly iiiitions it is usual to sutier the status of the parties to remain until the dispute is terminated one way or the other, and this more especially while the question is pendinif for decision before a joint commission of tiie two Govertnnonts. If you had j^ood reason to believe that the colonial authorities of Great Britain were about to disturb the status, by takinj^ possession of the island and assuming jurisdiction over it, you were in the right to anticipate their action The President will not, for the present, form any decided opinion upon your course on the statement of facts presented in your despatch. He will await further details, which he expects to receive from you by the next steamer. lie is especially anxious to ascertain whether, before you proceeded to act, you had communicated with Commissioner Campbell, who could not then have been distant from you, and who was intrusted by this Uovertmient, in conjunction with the British commis- sioner, to decide this very boundary question. " In the meantime care ought to be taken to apprise the British authorities that possession has thus been taken solely with the view of protecting the rights of our citizens on the island, and preventing the incursions of the northern Indians into our territory, and not with any view of prejudging the question in dispute or retaining the island, should the question be finally decided against the United States. " Very respectfully, your obedient servant, " W. II. DllINKAUD, ' Acting Secretary of War. " Brigadier-General Wm. S. Harney, " Commanding Department of Oregon, Fort Vancouver."' I would cull attention to tho tone of this letter, or despatch, and will sum up the state of things which called it forth. Doubts had arisen between two friendly nations as to the proprietary right to an island, and the settle- ^'•H tt V 1 »■ • -.M t ■:-/v w •» tr'-!?. ■yi'v k >'■' 3 ¥^ ■■■s": 'f-y Jj'V"' ,■•■■'5 . ,'■.«.■. '. 3 m\ ti:" i^'^:*,. : S ' ■ '■ .■',\--, /,'..,, ••"v i,» .tV^'v ■'.: )ih^:-<^ 'B:,: 31 SAN JUAN WATER BOT'NDAKY. inont of those doubts had been referred by ii solemn and bindinf^ agreement to two commissioners, chosen, one by each party. Tlieso comraissioneis had dillered, and the ({uestiou, by tlie mutual consent of the parties, remained in abeyance. Whilst affairs so stood, an officer, in high command in the forces of one nation, liad rudely taken possession of the disputed territory, had assumed jurisdiction over it, had grossly and wan- tonly insulted the ilagof the other nation, whose soldiers were compelled to receive his insults or plunge their country into war — a wanton breach of the first prin- ciples of international law, that nations as well as men should abide by their agreements. Such was the posi- tion in which the United States and Great Britain were placed, and such was the despatch which, to the Presi- dent of the United States, seemed befittino- the occasion. It may be convenient to insert here General IIarne3^'s reply, which was as follows :C) — " IIead-([uarters, Department of Oregon, " Fort Vancouver, W.T., October 10, 1859. " Sir, — I liavo tlie honour to acknowledge the receipt of your connnunication of the 3rd of September list, transmitting the views of the President of ti;' United States in reference to the military occupation of S.iii / uan or Eellevue Island, as re[)orted in my despatch of the lOtli of July last, addressed to the General-in-chief. " Since the date of that despatch othor events have trans- pired, which are conclusive in showing that the intentions of the colonial authorities of Great Britain were directed towards assuming a positive jurisdiction over the island of San -Juan. Tlicse occurrences have all been reported in a regular course of correspondence to the Oeneral -in-chief, duplicates having been transmitted to the Adjutant-General. (') Amoriean State Papers, i). 185. i'/i;;-: SAN JUAN WATIU r.OUNDVRY 315 of to as to is- of ■ds 111. •se "g " The President expresses r>u anxiety to ascertain whether, before proceeding to act, 1 coninmnicated with Coimnissioner Campbell, wtio was intrusted by the Government of the United States, in conjunction with the British coinmisMoner, to di'cide the l)oundary question. In reply, I desire to inform his Excellency, the President, that no olHcial conununication had passed between Coininis-^ionor Canii)bell aiul myself in refer- ence to tlie boundary, [)revious to the occupation of San Juan Island by Captain Pickett's company, for the reason that no exi_t^i»ncy had arisLMi retpiirini^ it. In the personal interviews I have had with Commissioner (^iin[)bell since my arrival on this coast, he has always assured me that tliere could be but one solution of the boundary (lucstion under the treaty of June lo, IS4G .nd that was to be o!)tained l)y taking the mid- channel of the ' Canal de Ilaro,' or Straits of llaro, as the boundary line between the United States and Great liritain. He has several times stated that a strict construction of the treaty will not only _rmnent in the op[)Osition they made to the settlement of this (juestir)ii, and the delays continually seized ui)on by the British Commissioner to prevent coming to an early decision. Connnissioner Camp- bell appeared to be earnestly impressed with tht.> conviction that the J>ritish Government intended to keep this an open question until some future time, when they could advance their claims to better advantage, as they had no i'oundalion in justice or right. I saw Commissioner Campbell for the last tune at Simiahmoo, on the 7th day of July last; at that date neither he nor myself had any knowledge to induce us to believe the colonial authorities of Great Britain had attempted to assume! jurisdiction over San Juan. When Captain Pickett's company arrived at San Juan, it a[)pears Commiasioner Camp- ■^^ ■ '■■ ; r. ■* I t.1 .1 mmm 310 SAN JUAN WATER BOUNDARY m ■■■« •■?-: ^.^r 1 ^' i* m i: 1 /,' ... .^i J' .■ IK'"?'"' bell was iiaking an exploration of the islands in the Haro group, and visited San Juan the day Captain Pickett landed ; he rendered the captain every assistance, and a[)provod the course that had l)eeii pursued. Captain Pickett lan'Icd on the 27th of July, and Commissioner Campbell remained in that vicinity until the 16th of August, when I received a private comniuii'u atiou from him, a copy of which is enclosed. 1 immediately answered it ollicially, givinj^ him my reasons in full for occupying San Juan ; this would have been done at the time Captain Pickett's order was issued, but I did not know his whereabouts until I received his communication. A copy of this answer to the Commissioner is also enclosed, and a copy of Iiis reply dated the 80th of August. " I would respectfully call the attention of the President to the umiualilied denial of Governor I'ouglas, in his despatch of the l«']f,h of August, that any attempt had ever been made to arrest au American citizen, and convey him to Victoria to be tried by British la\i's. At the very moment this denial was being penned, three ])ritish ships of war were in that harbour by the orders of Governor Douglas, to support a British stipen- diary magistrate, sent by Douglas to arrest the same American citizen (Cutler) of San Juan, who would have been arrested but for the })ositive interference of Cajitain Pickett; indeed, so pressing and urgent wire the ]Jritish to jK)sse>-:;j t'^'MUsches of Cutler that Captain Pickett did not hesitr.te to rejjort his caj)ture could only be averted by occupying the inland in force. " Such are the facts of this case, in which the ]bitish Govermnent furnished five ships of war, carrying one hundred and sixty-seven guns and from two to three thousand men, to an unscrupulous colonial governor for the purpose of wresting from us an isla \il that they covet. Such Punic faith shouUl never be tolerated, however j>lausible the pn'text u\)on which it may bt; founded. " I am, Sir, rery res[)eclfully, your obedient servant, " Wm. S. Harnhy, " IJrigadier-Cieneral Connnandiug. '•• Lion. Secretary of AVar, Washington City, D.C." SAN JUAN WATKR BOUNDARY. 31 ^ ■ / Oil the Ttli of Septomber Lord Lyons wrote Id ^Lr. Cnss as follows :(') — " Iimnodiato,] " Wasiiington, Septoinbcr 7, 1851). '"Sir, — When I had the honour of waiting upon you, at your request, at the State Department, on the 5th inst., you were so good as to say tiiat although you were not yet in pos- session of sulliciently detailed reports to enable you to re[)ly at cuce to tiie note in which I had, two days before, a>ked for ex{)la- nations with regard to the alleged occupation of the island of San Juan by United States troo[)s, you would, nevertheless, verbally give me such information as it was in your power tt> alVord. " You then did nu' the honour to state to nu^ that the only ollicial account 'vhich had reached the GovtM'ninent was a report from General Harney, which had been forwarded from New York by General Scott, and that the substance of that re- port was that General Harney had found it necessary, in conse- (juence of a requisition from Ui\ited States citizens, to send to the islaiul of San Juan ■: detachment to protect those citi/eiis froui ;he Indians, and from ill treatment on the part of the English, and that he had accortlingly sent one conu'any of soldiers for this purpose, and held another in readiness to semi also in case of need. '* You [irocecdei' to inform me that the President iiad di- rected the War D.'p.u'tnuMit to ap[)rise General Harney that the Government of lli": United States considered that the prin- ciple to be observed with regard to dis[)uted territory was, that the actual status should be maintained; that, cnnsequently, he was by no means to tal-;. possession of the island of San -luan, or to set up any i'.iisdiction there. You added, howevi'r, that orders had i'ol been sent to withdraw the United Stati's troops. Thoso troops, you said, would be instructed to eonline them- selves strictly to the protection of American citizens, but it might, you added, be necessary that they should remain at San Juan for that pu'pose. (') Ainoric'fui State I'lipor.^, p. 2'1'>. T. ,^jP 318 SA> 1UAN WATER BOUNDARY. ■/ ■' ■.,■- . " Finally, you did me the honour to request ntic to ac- quaint Her Majesty's Principal Secic^ary for Foreign Afllairs witli what you liad said, and especially to assure his Lordship, from the President and from yourself, that General ITai'ney had not acted upon orders from the Government, but entirely upon his own responsibility. " I had just time, after my return home, to write a report of the inl'ormation which you Ir.id tlms given me to dsipatch to Lord Joiin Fvussell by the messenger who was about to set out to meet the royal mail steam packet at Boston. I made that report almost exactly in the words which I have used in repeating above the substance of your communication to me. " The ne'vspaj)ers of this evening announce tiie arrival of ^; mail bringing full intelligence respecting the disembarcation ot the United States troops on the island of San Juan. I feel ronfidcnt that y u will hasti^n to afford me the information atid explam'.tion for which I applied in the note to which I have already refencd. But I am so desirous that these explanations should reach Iler Majesty's government as nearly as possible simultaneously with the intelligence of the occurrences at San Juan, that 1 take the liberty of reminding you that I shall be able to send by telegraph to Halifax, in time to be forwarded to London bv the roval mail steamer, anv information which vou * ■ * • may do me the honour to give me in the early part of to-morrow. I am rendered particularly anxious u[X)n this subject by observing among the lunvs inserted in the evening journals the following documeist, purporting to be an order issued byC^aptain Pickett, ooujmanding the party of United States troops which has landed on the island ; — " ' Military Post, San Juan Island, " « Washington Territory, July 27, 1859. " ' T. In compliance with orders and instructions from the General commanding, a military post wiil be established on the island, on whatever site the coinmandir I'lg may select. " * 11. All the inhabitants of the islruid are requested to ^1* -v: ' SAN JUAX WATER HOUNDAllY, 319 report at once to the commanding officer in case of any incur- sion by the northern Indians, so tiiat he may take such steps as he may deem necessary to prevent any future occurrence of the same. "'III. This being United States territory, no laws other than those of the United States, nor courts, except such as are held by virtue of such laws, will bo recognised or allowed on this island. " ' Captain Pickktt. " ' By order.' " I have the honour to be, with the highest consideration, Sir, your most obedient humble servant, " Lyons. " Hon. Lewis Cass, &c. &c. &c. " You are doubtless aware that I have the means of trans- mitting confidential communications by telegn>.j)h in a cypher which can be understood only at the Foreign Office in ■H M\ London. L." as Mr. Cass ivplied as follows :(^) — " Department of State, Washington, " September 8, 1859. " My Lord, — Tour note of vesterdnv renclied me this looming. Your note of the 3rd instant, to wlnvU you ri>fer, wfi-s receiveri the next dnv after its date, Sunduv ; and on .Monday, tl e day following, as there was lot time to wrice you before :.he departure of our Messenger. I reqiiested an in- terview with your Lordship, (h.'-ing \vhi( h the conversation took phice which is rcvNipitulated in \ :>'!!• last noie. I mention these circiunstances in explanation of their delay of two days, to which your Lordship has referred. " The conversation is correctly reported, with one e\c(>jition. ''.'he cxce[)tion is where yon understood me to say ' that coiise- Ito (') Auiorioau Stiito rajore. p, 2M. 320 SAN JUAN WATP:R BOUNDARY. Mi I%1- ■:■■■■■ Ij ^i.'I.W iv- qiiently lie ((Jenenil Harney) was by no means to take pos- session of tlio island of San Juan, or to set up any juiisiliction there.' I have already e.\[)lained to your Lordship why I could not have made tiiis remark, and I now beg leave to add that in attributing it to me you misunderstood my views. " No information respecting occurrences at San Juan ha? reached the Government since the receipt of General Harney's report, " I avnil myself of this opportunity to renew to your Lord- ship tiie , .'•.' ;» -e of my high consideration. *' Lord Lj :; &c., &c., &c." " Lewis Cass. The aspect of a flairs was now most serious, and it became evident to the United States Government tliat the hiu'h-handed beliavlour of Ueueral Ilaruey would inevitably lead to an outbreak of hostilities between the two countries. It is possible that the popularity of that olUcer in the Western States rendered his supercession a dillicult task, and that the only resource left was to send out ■■ax ollicer of higher rank. General AVinfu'ld Scott was according-ly directed to jn-oceed to AVashins;'tou Territory and to take the comnuiud of the United States forces in that district. On the 15th of September, Mr. Cass wrote a letter to ^Ir. Crholson, the Governor of Washing-ton Territory, from which the foUowiuL;- is an extract :(') — " Sir, — The information which has reached here, showing the serious state of things connected with the Island of San Juan, has induced the President to order Brevet Lioutenant- Gcneral Scott to that (piarterto take the command of our mili- tarv and naval forces, with such instructions as the circumstances (') Anicrican State rupors, p. 2'M. SAN JTAX WATKll HorXDAIlV. 3.ei m Ccill for. It i> to he ho[)e(l that a i'wm atul discreet course will prevent tlie occurrence of any furtlier dillicuhies there, so tluir the matter in dispute may he settled by the respective (Joverii- ments [ write to you hy the direction of the President, who de-ires that you would co-operate with Ueneral Scott, auer of independent statt's — inde])endent, I in(\'m, in respect of tlh ir relations witli Ibreio'u powers. The following- instruetituis were issued to General Seott l»y the President :(') — '' War Pi^partnieut, Se[)teinl)er 10, iS.M). " Sin, — The President lias bei'u much ifratifu'd at the alacrity with which you have respouded to his wish that yoii would proceed to Washington 'ri'nitory to assume tli(> innne- diato counuand, if necessary, of the I iiited States forces on the Pacific coast. " lie has directed me to call your special attention to the present threateninir attitude of the P»ritish and American authorities at and near the Island of San Juan. The two Uovernments have dilVered on the ([ueslion of title to this iffliiiid under the treaty concluded between them at Washington, (') Anu'rlotiu State J'lipi'rs, p. Kio. V ^CTTl 1)22 SAN JUAN WATER BOLNDAKV m^i^ trn'' ■\ ma "v.- li'v; ■/4-f.,' r I* '.'■. • on the 15th June, 1846. The decision of this question dopeiuls on whether tlie treaty line, in passing ' from the middle of the channel, on the forty-ninth parallel of latitude, which separates the continent from Vancouver's Island to Fuca Straits,' ought to be run through the Canal de llaro or the Rosario Strait. If through the Canal de Haro, the island belongs to the United States ; but if through the Rosario Strait, to Great Britain. " This is not the proper occasion to discuss the tpiestion of title. If it were, it might be shown that all the territory which the American Government consented to yield, south of the forty-ninth parallel of latitude, was tlie cape of Vancouver's Ishmd. The idea that the treaty intended to give Great IJritain not only the whole of that large and important island, but all the islands south of 49*^ in the archipelago between the island and the continent, was not, at the time, entertained either by the President or Senate of the United States. " In order to prevent unfortunate collisions on that remote frontier, pending the dispute, Mr. Marcy, the late Secretary of State, on the 14th of July, 1855, addressed a letter to the Honourable Isaac I. Stevens, then Governor of Washington Territory, havi' g a special reference to an ' apprehended con- Hict between our citizens and the British subjects on the island of San Juan.' In this letter Governor Stevens is instructed ' that the oilicers of the Territory should abstain from all acts on the disputed grounds which are calculated to provoke any conflict, so fur as it can be done without implying the conces- sion to the authorities of Great Jjiituin of an exclusive right over the premises. The title ought to be settled before either party should attempt to exclude the other by force, or exer- cise complete and exclusive sovereign rights within the fairly disputed limits.' Three days thereafter, on the 17th July, 1855, Secretary Marcy addressed a note to Mr. Crampton, then the Rritish minister at Washington, comnnniicating to him the material portion of his K'tter to Governor Stevens. Copies of both these lettiTs are herewith eucloseil. "Tims nii\tti'rs stood until (ieneral llarnev deemed it ■:X SAN JUAN WATER BOUNDARY. 3:23 proper, for the purpose of allbrding protection to American citizens on the ishmd and the neighbouring territories of the United States, to direct Captain (Jeorge E. Pickett, 'Jth In- fantry, ' to estabhsh his company on Bellevue, or San Juan Island, in some suitable [)osition near the harbour at the south- eastern extremity,' At the same time trie steamer 3f(issa- c/iusdts was placed under the orders of Lieut.-Colonel .Silas Casey, 9th Infantry, ' for the better j'.'otection and supervision of the waters of Puget Sound,' with instructions to co-operate with Captain Pickett. These instructions were promptly exe- cuted. Captain Pickett immediately proceeded to the island with his company, and established a military post at its south- eastern extremity. " It is unnecessary for me to compile for you, from the papers in the Department, a statement of the condition of aflairs in and near the island of San Juan, because you will be furnished with copies of all these papers. 1 would refer you especially to the two despatches of General Harney, dated July 19 and August 7 ; and to my despatch to him of the 3rd instant, in reply to his of the 19th July. Suffice it to sav that they present a condition of affairs demanding the serious atten- tion of the Govennnent. " It is impossible, at this distance from the scene, and in ignorance of what may have already transpired on the spot, to give you positive instructions as to your course of action. Much, very much, must be left to your own discretion, and the President is happy to believe that discretion could not be entrusted to more competent hands. His main object is to preserve the peace and prevent collision between the IJritish and American authorities on the island until the question of title can be adjusted by the two Governments. Following out the spirit of Mr. Marcy's instructions to Governor Stevens, it would be desirable to provide, during the intervening period, for a joint o rupation of the island, under such guards as will secure its triinquillity without interfering with our rights. The President perceives no ol)jection to the plan proposed by Captain Hornby, of Her Majesty's sliip Tribune, to Captain ■ VK '1 :^^^ r : \' IP m 324 SAN .H.AN WATER HOUNDAUV. Pickrlt ; it ht'iiiu understood that Captain I'ickett's company shall R'lnaiii on the inland to resii-t, it' need l)e, tlie inciirsiotis of nortiiern Indians on our iVontier si'ttlenients, anil to afford protection to Anierican citizens resident thereon. In any arrangement which may be made for joint occupation, Ame- rican citizens must be phiced on a footing e(jually favourable with that of British subjects. "But what siiall be your course should the forces of the two Governments have come into collision before your arrival i' This would vastly complicate the case, especially if blood shall have lu'cn shed. In that event, it would still be your duty, if this can, in your opinion, be honourably done, under the sur- rouiiding circiunstances, to estal)lish a tein[)orary joint occupa- tion of the island, giving to neither party any advantage over the other. It would be a sliockiiig event if tlie two nations should be precipitated into a war res[)ecting the possession of a small island, and that only for the brief period during which the two Governments muy be peacefully employed in settling the question to which of them the island belongs. " It is a possible, but not a probable case, that the British authorities, having a grearly su[)erior force at their iumiediate command, may have at templed to seize the island and to exercise exclusive jurisdiction over it, and that our countrymen in those regions may have t.iken up arms to assert and main- tiin ihi'ir rights, in that event the President feels a just confidence, from the whole tenor of your past life, that you will not sillier the national honour to be tarnished. If we nmst be forced into a war by the violence of the British autho- rities, which is not anticipated, we shall abide the issue as best we may, without apj)reliension as to the result. *' I am, sir, very respectfully, your obedient servant, " W. R. DUIXKARI), " Acting Secretary of War. " Lieutenai»t-General Winfield Scott, " Commander-in-Chief of the United States Army, " Washington." i-'.v' ■ SAN JUAN WATl'lK BOlNDAllY, 325 • ' %i Gcnenil Scott iin-ivcd at Fort Vancouver(^) on tlio :20tli of October, and on tlie lollowing luorniuf^ bad an interview witb General Harney, wbo stated tliat notbing of importance liad occurred on tbe [sland of San Juan sinc(.' liis des])atcb of tlie lOtb of October, already noticed. It ba|»])ened, very opportune!}', tbat Captain Pickett arrived at Fort Vanc(Hiver on tbe :21st of October, and be reported tbat tbe JJritisb men- of-war liad, witb t1)e exception of tbe SdleUUe, re- turned to tbeir usual ancboraye, near Victoria. On tbe .0.2nd of October General Scott left Fort \'^aucovLver for Puget Sound, and, on bis arrival at Port Townsbend, opened a correspondence witb Gene- ral Doug'las, in tbe iollowin^' letter :('-) — " Ileiid-qnarters of the Army, " Fort Townslunid, October 2."), 1[)reheii>ioii of some untoward collision of arms hetweeu the foree.s of tlie I'uited States and those of Great Uriiiiin in and Ml)out the Isl.nid of San Juan, the sove- reignty of which is claimed by both nations, does not hesitate, in the great interests of peace, a-siimed to he as important to one partv as to the other, at once to sahniit, for the considera- tion of his Excellency, the following })iT(|)i)-i;ion, to ser\e as a basis for the tem|)oriry adjustment of any present dilliculty, until the '.wo (jovernments shall have time to settle the ques- tion of title diplomatically, " W.tliout prejtulice to the claim of either nation to the sovereignty of the entire i-land of San Juan, now in (Iis[)Ute. it is pro[)osi>d that each shall (jeenpy a separate portion ot the same by a dcachment of infantry, rillemen, or niariius, not 0) .\mi.'rican Stuti' I'ajnM'.-;, p. ISS. (■-•) /(^•m, 1). I'Jl' 32n SAN .IV \y WATKR BOUNDARY. Mi'- ■■^ * ■,;'<■■ ■.>>"■ SSff^:;-'- <■*• ■ ■.■ . exceeding one hundred men, with their appropriate arms oiiI\. for the equal protection of their respective countrymen in their j)ersons and property, and to rei)el any descent on the part of hostile Indians. " In modification of this basis any sugL;estioii his Excellency may think necessary, or any addition he may propose, will be respectfully considered by the undersigned. " This conununication will be handed to his Excellency by Lieutenant-Colonel Lay, aide-de-camp of the undersigned, who has the honour to subscribe himself, " With high respect, his Excellency's obedient servant, " WiNFiKLD Scott. " His Excellency James Douglas, Esq., C.B., " Governor of tlie Colony of Vancouver's Island "and its Dependencies, and Vice- Admiral of the same." Ill reply the Governor sent a hurried letter liv the hands of Lieut. -Colonel Lav, which was as follows :(!)— " Victoria, A'^ancouver's Island, " Night of October 26, 1850. " Ilis Excellency Governor Douglas authorises me to sas that, having yet had no time to consider in detail the propo.->i- tion olfered by Lieutenant-General Scott, nor to consult with his odlcial advisers here, he is at a glance satisfied that no obstacle exists to a completely amical)le and satisfactory adjust- ment (continuing throughout the period of (li[)l()matic discus- sion respecting the title to the island of San Juan), either suii<';ested bv General Scott, or some other that P may be nuitually agreed to after advisement. His Excellency has read this memorandum, ar.d retain a CO py, "G. W. Lay, " Lieutenant-Colonel U.S. Armv, (') Aiucricaii Stato Papers, i>. VXi SAN JUAN WATER liOUNDARY 8,0 7 Subsequently, the Governor wrote more fully, and expressed his views as follows :(^) — " Victoria, Viincouver's Island, " Octobor 29, 1859. " Sir, — I have had tlie honour of receiving hv the hands of Lioutonant-Colonol Lay your note of tlie :ii3th instant, coni- nniuicatin^f to mo the reasons which have drawn you to the frontier of WashinL;ton Territory, and, for the great interests of peace, making a proposition to serve as a liasis for the tem- porary adjustment of the present dilliculty, arising out of the occupation of the island of San Juan by troops of the United States, " '2. In the first place, I beg you will permit me to otlcr vou mv warm con^ratuhitions upon vour arrival in tliis neiiih- bourhood, and the assurance of my earnest desire to co-operate with you in the most cordial s[)irit. I thank you for the frank and friendly tone which characterises your note, and I tni>t you will In'Heve me when I say that if I am not able entirely to accede to your views, it proceeds solely from the necessity which exists under present circumstances that I should take no step which might in the least embarrass the Government of Her TJritannic Majesty in any line of action which they might think fit to adopt. You have been specially accredited by the Governtmnit of the United States, and I f'dly a[)preciate tlie fact ; but I, on the contrary, am not in {)()ssession of the views of Iler ^lajesty's Government on this matter, and, therefore, am not at liberty to anticipate the course they may think fit to pursue. " o. You propose, without prejudice to the cli'i:. (f either nation to the sovereigntv of the entire island of San Juan, that each shall occupy a separate portion of the same by a detach- ment of infantry, rillemen, or marines, not exceeding oni' hundred men, with their appro[)riate arms only, for the equal protection of their respective countrymen in their persons and (M Amoviean State Papor^, p. I'.'.'i. , l--"'? 4. ft*: •ii'V £-^ w t r sis Jiff' • ' '.}■ ' i ir-R, •■ • $;';^ ■ m.. ■ '^^ :' ^^ P-& ■ lit ■'1 ■■\.M :,-■.-■.:%'.■« *■* * ■ . if- ii -.1 '- > -■'.-■ 328 SAN JUAN WATFIl HOUXDAItV property, ntul to ropi'l niiy dcsooiit on tlu' p;irt ot hostile Indians. For the reasons above ^iven yon can rea(niy nnder- stand, sir, that \v(>re I to accede to this pr()po>ili()n I shonid at once be connnittinir Mer M.ijesty's ( H)verni:>i'nt, and I believe I shonid at the same time, on tlu'ir behalf, be assnmin^ an attitude which I do not think they would now be doirous of niaintainin<];. I admit that the protection of the citizens of both nations who are now resident on tlu> island is a matter which cannot be overlooked or lightly treated, but the princi[)al protection that may be nnpiired is from dissensions amoii^fst themselves, and not a<>ainst hostile Indians, from whom 1 do not apprehend there is the slinhtest danger of molestation. '* 1. I aL;aiii assure vou that 1 am most cordially disposed to co-operate with you in the lVaiikf>t maimer to assist in removin<^ any and every cause which mi;.',ht nnhai)[)ily disturb the particularly satisfactory relations at the present moment existing between Iler jNIajesty's (Jovernment and that of the United States; and I conceive that that end can be best attained by replaciuu; matters at San Juan as they were l)efore the landing of the United States troops — the '*A(/»s' esta- blished on the moderate and conciliatory views laid down by Secretary ^larcy's des[)atch to (.iovernor Stevens of the 14th July, ISoo. " 5. An arrangement on that footing would bring the whole affair to a conclusion satisfactory to both parties, and so l>i,-:hly honourable to the Government of the United States that 1 feel sure it would at once remove any cau?e of complaint which Her Majesty's Government might bo reasonably expected to entertain. " G. I would therefore submit, for your consideration, that for tl le pi otection of the small J5ritish and Americ; m }K)pa- lation settled on the island there should bi' a joint civil occu- pation, composed of the present resident stipendiary magis- trates, with such assistants as may be necessary, and that the niilitary and naval forces, on both sides, be wholly with- irawn, ''7. Should it, h , iiowever, iiereatter appear ftt that a miliiary ^.t^'-<«« sJs?»«*-;J^«iWW SAN JUAN WATER ROrXDARY. iV2d force is iudisjjcnsablo for j)rol action, I can hoc no ohjoction to such, a force bcin^ hiiHled upon ISau -Inan, with ^uch uiider- standiiiif as tiic Brilish and Amorican authorities may uiutuaily deteniiiiie upon. " 8. It is no doubt, sir, fresh in your recollection that the so/e reason assi^ned to me by (ieneral Harney for the occupation of San Juan was to protect the citizens of the L'nited States from 'insults arul indij^in'ties ' oilerod them by the IJritish authorities at Vancouver's Island. In my reply I, in the most earnest and emphatic manner, repudiated the aspersion, and endeavoured to prove to (Jeneral Harney, that for tlu; cause alleged, there was no necessity for tiie [)resence of L'nited States troops on tiie island of S.m Juan ; and I therefore be^fged, for the sake of peace, that he would withdraw the troops, lie, however, declined to do so, upon the [)lea that he had no assurance that American citizens would contiiuio to be free from nu)lestation from the Brili.^h authorities. I feel confident, sir, that 1 need not renew to you niy assurance that the British authorities in Vancouver's Island iiave no intention, under existing circumstances, to interfere with any of the citizens of the United States who may be resident upon San Juan, and I therefore anticipate that a consideration of these facts, together with tliose before uuMitioned, will remove any didiculty you may have ap[)rehen(led touching the withdrav.al of the United States tr()0[)s from San Juan, and I earnestly trust will induce you to entertain with favour the pro[)Osition I have made. " 1), I hope, sir, I may have the pleasure of meeting you persoiiiiUy, when minute details could be so nuich better dis- cussed than by letter; and it would indeed be a source of gratification to uw to have the honour of welcoming to the shores of Vancouver's Island an otlicer so hiiihly distinguished as he whom 1 now have the honour of addressing, and who, I beg, '..ill allow me to subscribe myself as his most obedient humble servant, "James Douglas. " Lieutenant-Ceneral Winfield Scott, '* Commanding in chief the Army of the United States." I "^y M w ({=»'v:>'j,'' If;: ■■!•' ■ 'mU •>■. ),'' 830 SAN JUAN WATER BOUNDAllY. Tlio reply of General Seott was iii tlie folluwiii<^' term>s :(^)— " Head-quarters of the United States Army, " False Dungeiiess Harbour, W.T., " November 2, 1859. " I have the lionour to acknowledge your communication of the 29th ultimo (the receipt of which has been much delayed by winds and foils), in reply to mine dated four days earlier. " It is with regret I learn that the basis for the settlement of the innnediato San Juin dillicnlty I had the honour to sul)nnt has not received your acct>[)taiice, and that sentiment is deepened at finding myself miable to accept your proposed sul)stitute. We ought not, however, to despair of finding the means of maintaining the peace of the frontier till the good sense and good feelings of our (ilovernments shall have had time to supfi-vene and (Urectly to dispose of the whole subject of I lie disputed island for ever. " Your Excellency seems to regard the preliminary evacu- ation of that island by the American troops as a siue qua non to any adjustuKMit of the imnu'diate quci-tion before us. I am sure that at the date of the iustructioiis which brought me hither, and in i\w anxious interviews between Mr. Secretary Cass and H(M' lliitanuic Majesty's ^linister, Lord Lyons, residing near the (lovernnient of the United States, no sucii suggestion was innde by his L()rd>hip, or it would not only hav(> biHMi connnuiiicaled to me, but have, in all probability, stopped this nli<^ion of peace. " "i'ou 'submit for [my] consideration that for the protec- tion of the small British and American populi'tion settled on the island there should be a joint ei\il occu[)alion, composed ot the present resident stipendiary magistrates, with such assist- ants as may be necessary, and that the niilitary and naval forces on both sides be wholly withdrawn.' (M Anii'riciiii Sliiti' I'iiihts, p. IIM', i«—iinwiiiiiniiKnir,B SAN .lUAN WATKR ROUND ARY. 3131 " It strikes ino, as a decisive ()l)jection to this basis, that if a magistrate (judge or juf'Jco of the peace) could l)e legally (exce{)t l)v treaty between sovereign powers) established on neutral territory, such functionary could not be subjected to the orders of anyodicer of the United States army, nor even to the direct control of the President of the Ignited States, though ap|)()inted by an American territorial govi'rnor claiuiing jiu'is- dii'tiou over the disputed territory, and therefore not to be con- sidered a fit i)erson to be entrus!-ed with matters atlectinT ti.e peace of two great nations. Besides, I have adopted the im- pression of my countrymen generally on this frontier, that tlie few cili/ens settled on the Sai; Juan island, though, like all other American jiioneers, brave, and possessed of cllective wea[)ons for defence and attack, do in reality stand in need of troops for protection not only against i)re(latory bands of Indians coming from foreign parts, but also from such bands residing within our own limits. A marauding descent of this kind iM!> made but a few weeks since upon the village of Whatcom, in ll.'lling- ham r.ay, when a small deta hment of soldiers was actually sent from the (lis[)uted island to protect the villagi'rs against a threi'teued renewal of the outrage ! (I am but just returned from that village.) " jMoved by the foregoing considerations, and the spirit of peace which is known to animati> our Ciovernments, I will respectfully ask your I'lxcellency to review vour (le('i>i()n on mv original pro[)()silion, which, the better to shovv its probabK* workings if adopted, I have somewhat elaborated in the accom- panying *■ J*rli inter(>>ts, hut iinich to soothe past irritations on b<.'.h sides, and to pn-sent any local conllict. The details of the plan are no doubt sus- ceptible of improved niodilicalions, hut I nnist candidly sa_\ that I do not see how I can positively consent to a change* in the principle. " Highly appreciating the personal complin\ents of youi' l'j.\cellency, and reciprocating the kind feelings which prom[)ted ^ :i 332 SAN .JUAN WATKR BOUNDARY, thorn, I have the honour to remain, with high consifleration, your Excellency's most obedient servant, " WiNFiELD Scott. " His Excellency James Douglas, Esq., C.B., " CJovernor of the Colony of Vancouver's Island and " its De[)eudcticies, and Vice-Adniiral of the same." I'lic General enclosed also tlie following' " Project of a Temporary Settlement, S:c. :"(/) — " Whereas the island of San Juan, in dispute between the Governments of the United States and Great Britain, is now occupied by a detachment of United States troops, protection against Indian incursions having been petitioned for by American citizens resident thereon, and against such occupa- tion a formal protest has been entered on behalf of Hor Britannic .^^:ljesty's Government by his Excellency James Douglas, Escpiire, C.B., Governor of the Colony of Vancouver's Island and its Dt'pendeuiiii's, and Vice-Admiral of the same — "■ It is now proposed by Lieuteuant-General Scott, com- manding in chief the Armv of the United States, in beh;ilf of his Goverinn Mit, and in deferenc(> to the great interests of the two nations, that a joint occupancy be substituted for the present one, which proposition being accepted by his Excel- lency, it is hereby sti[)idated and agrceil between the said Scott and the said Douulas that the substitution without pre- judice to the claim of either Government to the sovereignty of the entire inland, and until that ijue'-tiou .shall be amicably ■settled, shall consist of two detachments of infantry, rillcmen, or marines, of the two nations, n(>ither detachment of moi'e than one hundred men, with their a[)propriate arms only, and to be po-itcd in separate camps or (piarters, for the ecpial [)ro- tection of their respective coiuitrynien on the island in persons and property, as also to repel descents of marauding Indians. '• And whereas I'/ending such joint occupii ion a strict police over tlie island will be necessary to the maintenance of friendly (') Aiii'TicMn StMtc I'ajnTs. p. \\H\. ■■'«!. SAN J LAN WATl.Ji liOl.NDAKV 3:53 k--' relations between tlit- troops of the two nations, as well as f^ood order among tlie settlers, it is fnrtlier sti[)ulate(l and affreed between the parties, siirncrs of these presents, that the eoui- uianding ollicer of eaeh detachment eoi'iposini^ the joint occu- pation shall be furnished with an authenticated copy thereof by the re-pective signers, to be regarded as a warrant and command to the AnuM'ican conunaitder from the said Scott, and to the British connnander from the said Douglas, to seize and confine, or to banish from liie island, any person or [)er>ons whatsoever fotmd or known to be engaged in fomtMiting any (jnarrel or misunderstanding l)etween the ollicers or mini of one of the de- tachments and. the ollicers or uumi of the other, and, further, to treat in like luannerall other ollt'iiders against the peace and good order of the island ; it being, howevi-r, expros-Iv uiuler- stood and enjoined that such nica-ures of i-oirection shall only be applied to .\Hu>rican citizens, or persons claiming to l)e such, by the American connnander, or to Urili-li siil)jects, or persons claiming to be such, by the British commander." The answer of Uovenior Doiig-'is was as Inl- luws ;(')— " Yicto)' ^'aIlrouver's Inland, " ^o.iu.bera, 1N."'1». " Sir, — LieutiMiant-Coloni'l Lav vesterd.iv hi ced in m\ hands your despatch of the 2nd instant, conveying t ■ me your sentinu'uts upon the subject of my pro|)osal for the temp'H'ary adjustment of aiVairs in comuM'tion wltji San Juan, and infonn- ing me that you iu*e miable to accept that pi'npo-id. " 2. I regret, sir, for many re,i>on-;, tliat you did not accede to my sugyestion of a joint ci\il oecu[)atlon as a tern porary expedient for preserving traiupiilliiv, and e-peciallv so because the course you [iropose to me of a joint mihtary occn pation is one which 1 cannot assent to or carry into ell'ect with- out the sanction and e\[)ress instruction-^ of my Ciovernment. " .'{. I am iuithorised to maintain all tri'aties as they exist, lint not to alter the provisions or to di>ri'gard the stijadalions (') Aiui.'rii.au isiati.' TapLTH, p. I',"'. ^f ■ t;-,,. V.., k-^ ■ r«j * ■ /v, l>^:l 334 SAN .JUAN WATER BOUNDARY. KK'^ of any ; and, in short, I am sensible that :t would not he ad- visable for ine to anticipate, hy any action on my part, the in- structions I may soon receive from Her Majesty's Government, unless there was an evident and imperative necessity for the adoi)tion of such a course, which necessity, in my opinion, does not exist in the present instance. " 4. I cf)nceive that protection ai^ainst all ordinary danger to which either British subjects or American citizens residing on the Island of San Juan are exposed may i)e fully attained without resorting to the extreme measure of a joint military occupation ; and, moreover, tlie expediency of atlbrding protec- tion to individuals who may settle on territory the sovereignty of which has not been determined may justly be questioned. Protection under siu-h cirrumstances can, indeed, hardly be considered as a duty incumbent on Governments; and, on my part, I am not left in doubt on the subject, as my instructions direct me to announce, with reference to this colony, that pro- tection cannot be atlbrded to persons who, by wandering beyond the precincts of the settlements and the jurisdiction of the tribunals, voluntarily expose themselves to the violence or treachery of the native tribes. " 5. Yon must permit .ne, sir, further to add, that Her Ma- jesty's authorities in this colony have, with respect to the United States, committed no violation of existing treaty stipulations, nor been guiltv of anv act of discourtesv whatsoever towards the Government of that nation, l)ut have on all occasions during the late exciting events exhibited a degree of forbear- ance which will, I trust, be accepted as a guarantee that by no future act will we seek to impair the pacific relations existing between (.Jreat iJritain ami the United States. " 0. Should you, sir, after the exi)lanations I have hereiu given in reference to my ollicial [jowers and position, proceed to carry out your paciMc mission, and divest the large military force now on San .lufui of its menacing attitude by removing it from the island, we will instantly witluii iw the Uritish naval force now maintained there; and as soon as 1 receivt' the instructions of my Government, 1 shall Ik' glad to co-operate ¥ SAN JUAN WATKR nolNDAIlV :i:3.") hI ^'i al with you ill arraiiiiiiif^ a [)laM tor the temporary inaintonanco of order and protection of life and property upon the island. " 7. In the meantime you may rest assured that we will not disturb the ' sfntnti ' of San Juan by takinji possession of the island, or by assumintr any jurisdiction there to the prejudice of the position in whicii the question of title was placed by Mr. Secretary Marcy and Her Majesty's representative in the year 1855. " 8. Again assuring you of n\y desire to act with you to the utmost of my power in the most cordial niarnier and with the utniost frankness and sincerity, and renewing to you my expressions of high consideration and respect, I liave the honour to remain, sir, your most obedient and humble servant, ''Jamks Douglas. " Lieutenant-General Winfield Scott, " (^)mmanding in chief the Army of the L'nited States." Geucral Scott replied as follows :(') — " Head-quarters of the Tnited States Army, " False Dungeness Harbour, W.T., November 5, 1850. " Sill, — I have the honour to acknowU'dge a second com- munication from your Excellency, dated the oi'd instant. Being assured therein that there is no intention on your [)art to attempt to dislodge, l)y force, the United States troops now in the temporary occupation of tlii^ l>lunm: 330 SAN J LAN WATIR HOUNDAHV. 3 sir; *•? IJ";* '.I'i" »/'■•■. ',J'.1 "A ('f'l>y of" uiy orders in tlie case I tnclo-c lieiov\irli for the information of your ExcvUency. Tlioy will bo fully oxecutcd as soon as practicable by the eniployineiit of the I'liited States propeller Massacliiiscfl.s, the only craft suited to the purpose in these waters. " I have the honour to remain, with high consideration, " Your Excellency's most obedient servant, " WiM'iKLD Scott. " His ICxcellency James DougUis, Esq., C.B., " Governor of the CV)lony of Vancouver's Ishmd " and its Dei)en(lcncies, and ^'^ice-AdIniral of the same." AI'tcT the foroLj'oinu' communication was dcs})atc]i('(l, tlio Goneral-in-cliiet' detorminod to leave Captain ] I lint's comj)any on tlie island, instead of Captain riekett's, and a copy of liis order, after modification, \vns suLsecptently sent to Governor Donglas, to re- place the one ]m>\ iously transmitted. The followini^ is a copy of the order as finally issued : — " Head -quarters of the Army, "United States Tropeller .l^^s^(/(•///^v/^., W.T., Nov. 5, 1859. " As sotiii as practicable, Lieutenant-Colonel Casey, or oilier connnanding otlicer on the island of San Juan, will pro- ci'ed to send therefrom all the comi)anies under his orders, except Captain Hunt's, to the posts to which they had previou.?ly belonged, viz. : Conq)any I of the 4th Infantry to Fort Townshend ; Conq)any A of the 4th and II of the 9th Infantry to Fort Steilacoom ; Coni[)any I) of the Dth Infantry to Fort Uellingham ; and last, the Companies of the tjrd Artillery to Fort Vaiiccniver. " Captain Hunt and his company, and Assistant-Surgeon Craig, will remain on the island till further orders, for the protection of the American settlers. " Lieutenant-Colunel Casi'y will cause the heavy guhs on »-»«!*MSi«W*'*-**«'«t*Ai SAN JUAN WATKIl BOUNDARY. 337 II tli'j island to be replaced on board of this propeller, and will sjnd tlie liglit battery to Forts Townshend, Bellingiiani, and Steilaeoom. " By connnand of Lieutenant-General Scott. " L. Thomas, " Assistant Adjutant-General." (Aciieriil Doug-las replied iu the tbllowing- terms : — " Victoria, Vancouver's Island, November 7, 1809. " SiK, — I have the honour to acknowledge your eoniuiuni- cation of the 5th November, announcmg your intention to order the withdrawal of certain c()in[)anies of United SlaltM troo^j-;, now in tem[)orary occu[mtion of the Island of San Juan, and your intention to leave Captain Pickett's company of infantry for the protection of tiie American settlers against neighbouring and northern Indians, and transmitting a copy of your orders in that case to tlie comnunuling oilicer in ti\e Island of San Juan. "2. I shall have mucli pleasure in coinuiunicating your intention to Her Majesty's (rovermnent, who will no doubt accept it as a proof of the desire of the United Statej to restore the former status of the dis[)Uted territory. "3. I trust, sir, that instructions will in* issued to the orticers of tiie United States, directing them to al)stain from all acts in the disputed territory which are calculated to provoke conlliets, and in no ca^^e to altem[)t to exclude British siil)jects by force, or to interfere with them in ai > manner, or to exercise sovereign or exclusive rights within the disputed limits; and on our part Her Majesty's authorities wiil be enjoined to abstain from any acts of interference, or of e.\clusive jurisdiction, until the question of title is settled. "4. In that way I sincerely hope that ;dl coili-^ion may be avoided. " With every assurance of esteem, I have the ln)nour to bj sir, your most et\veen Governor Douglas unci (Icneral Scott, Avith reference to the complaint of one William ^Moore, a British subject, who had been seized l)v the United States military authorities on the island of San Juan, and had been compelled by them, as a penalty for an oU'ence alleged to have been committed by him, to work in the trenches which they wen' mailing to Ibrtily the island against the British. The correspondence is unimportant, except as showing the dilliculties arising whenever there is a conflict of two jurisdictions, and I shall not further allude to it. Nothing could c.Kceed the courtesy of General Scott, and he was careful to place upon the island an oiKcer upon whom he could rely as capable of carrying out his conciliatory intentions, [t will be seen that (reneral ITarney, bac^ked by the authorities of Wash- ington Territory, did his utmost to thwart his friendly policy. The orders issued to Ca])tain Hunt were as fol- lows :(')— " Ilead-quavtors of the Army, U.S. rm[)ellor Massacliusctls^ "Oil" Port Towiisheud, W T., November 0, 1859. " Sir, — Your company, with only its appropriate arms, is to he loft alone on San Juan Isliuul, whiMi yon will revert to till' iuslrnctious iVom the hoad-quartcri of the Department of Or.'gon, dated .July 18, l8r.!>. ''For your informalion and ^uiidanco, I put undercover with this c'oj)ios of the (JiMierars connnMnioations to the (ioverii'ir of Wnioonver's Islaud, dated the 6th and "Jth instant respectively, as aUo a eo[)y of his special oi(h'rs on the same (') Amoiican Stato Papers, pp r.)l> -201. lis to lof T lie It SAN JUAN WATER BOUNDARY. 3:il) subject. These papers will show you the spirit in which it is expected you will execute the delicate and important trust confided to you, the General liaving full coiiildence in your intelligence, discretion, and (in wluit is ot equal importance in this case) your courtesies. " It is, further, the direction of the General, that after the departure of Captain Pickett's company you occupy his part of the camp, where your men will be better sheltered dtn'ing the winter, and also bo further removed from the estal)HshMient of the Hudson's Bay Com|)any. Captain Pickett will, ot' course, be at liberty to take back to Fort Bellitifrliam llie proj)erty carried over to the island, such as doors, window-sash, &c., as also his company pro[)erty, but it is ho{)e(l that some part of the excellent shelter ho erected may bo transferred to you. " I am, sir, very res[)cctfully, your obedient servant, " L. Thomas. *' Captain Lewis C. Hunt, '• Cotnmandiiig Company (*, 4lli Itifantry, San Juan Island.'" On the same diitc (Nov. Utli) Genenil Scott directeil thtit ti copy of tlicse orders, witli other ]):ipers, shouhl he forwarded to (n'ii(>ra] Harney, and tliat a letter should be written to him. from wliich the following- is an extract :(') — "These papers will show you to what extent the (jleneial ha-; interfeivd in the allairs of the Department of Oreiron. except that he has made free use of the United States propeller AfassiirJiusiifs, on board of which vessel he made his head- quarters. " Captain Hunt will be left on the island of San Juaii, under your instructions of Jidy 18, niodKied l)y my letter to him datt'd the 7tli instant ; but the General-in-<.Miii'f wishes it to be remembered that the sovereignty of tli<> islaiid is s'ill ill dispute i)etween the two (jovernnuMits, and, u ilil defini- tively settled by them, that l.ritish subjects have equal rights with American citizens on the island." ',•0^ ■•^-■, ^^1 M (') Anu'i-icaii Stato Piipora, pj). leave General Harney iu command of the district wliich was contij^'uous to the disputed territory, and lie made an unsucccsst'ul attempt to remove the (xenei-al to distant command. The following letter explains itself :(^) — '' Ilead-quarUM's of the Army, " St. Helen's, Oregon, November 15, 1859. " Sir, — rutcuding at the first moment to urge that the two departments on the Pacific should be thrown back into one, and being aware of your preference for that having St. Louis as its head-quarters, I have already suggested to you a change. Another motive has just occurred to me for renewing the subject. " I have no doubt that one of the preliminary demands which will be made by the British Governtnent upon ours, in connection with your occupation of the island of San Juan, will be your removal from your present command. " In such an event, it might bo a great relief to the President to find you, by your own act, no longer in that command. " I make the suggestion from public considerations solelv, and have not received the slightest hint to that eHiect from Washington. " To take etVect in conformity with your own wishes, I enclose herewith a conditional orrler to re|)iiir to St. Louis, Missouri, and assume the command of the Department of the West. " If you decline the order — and I give you leave to decline it — please throw it into the fire ; or, otherwise, before setting out for the east, call your next in rank to you, and charge him with the command of the De{)artment of Oregon. " We have been forced into this river by a defect in a (') American Stnto Pnjiors, p. L'Oa. ^(.«=»»i««w*i*»«ifca8«fJS»!w SAN JIAN WATIH H(»UM)AKV, :il boiler, and to take in a new supply of coal. I may not havo time to hear in reply from you on this side of tlie continent, unless we arrive at San Francisco too late for the Panama steamer of the 20th instant, which wo l)e.;.l wliicli will be made by the British Government upon ours, in connection with your occupation of the island of San Juan, will be your removal from your present command. " 'In such event it might be a great relief to tiie Presi- dent to find you, by your own act, no longer in that command.' " The General-in-Chief states that is his own opinion in tlie matter, as he has not received the slightest hint to that eflcct from Washington, and concludes by giving me the liberty of declining this order. " In reply to this communication of the General-in-Chief, 1 desire to inform him that I am not disposed to comply with such an order. I do not believe the President of the United States will be embarrassed by any action of the British Go- vernment in reference to the San Juan Islaml ; nor can I suppose the President would be |)leased to see me relinquish this command in any manner that does not plainly indicate his intentions towards the public service. "I am, sir, very respectfully, your obedient servant, " Wm. S. Harney, " Brigadier-General commanding. " Assistant Adjutant-General, '• Head-quarters of the Army, New York City." /■'. X KIT- (xeneral Harney, accordingly, for a time, retained liis command. The disposition of the settlers in Washington Territory towards Great Britain, and the pleasure with which they regarded General Harney's violent ])roceedings, are sliown by the following resolutions, unanimously passed by its Legislature on the 7t]i oi' January, 1860 :(^) — " Whereas it has come to our knowledge that attempts are making, or will be made, to merge the Military Department (') American State Papers, p. 207. SAN JUAN WATKll BOUNDARY l.{ of Oregon into the Departinont of the Pacific, and in case this is not etFectod, to canse liriifadier-' loneral William S. llariRy to l)e removed from command ; and " Whereas we believe that said Department was established for f^ood and snlHcient reasons, which rca>ons still exist in as full force as when said Deparlnient was established, the interior of our Territory l)i'int( still occn[)ied by nunu'rons tribes of Indians, only restrained from hostilities by the [)resenceof lar^a» bodies of troops, and our frontier beinLf still li;d)le to murder- ous incursions of powerfid and savage h )rdes of Indians livin'i upon a foreign soil ; and " W^liereas experience has shown that, in order that these troops may act promptly and elliciently for the proteciioii of our Territory, it is necessary that the head-q''arters of the Department shoidd be of convenient access, which would not l)e the case were it removed to the Statt; of California ; and " Whereas General Harney, in all his otlicial acts while in command of this Military Department, l)y [jrotecting us from Indians, domestic and foreign ; securing and maintaining peaci', by revoking those unlawful military orders under wliieh an attempt was made to exclude oiu' citizens from portions of our Territory, which, under the laws, were ojxmi to settlement : o|)ening communications between ditlerent portions of the Territory ; protecting emigration by placing troo[)s on the island of 8au Juan, an island which is as uncjuestifjuably American soil iw any other portion of our Territory ; for the protection of American settlers against foreign Indians, and against attempted acts of loreign jurisdiction, has deserved and secured the entire eonfulence of the [)eo[)le of this Territory: Therefore be it " Itcsolved, That we, the legislative assendjly of tiie Terri- tory of Washington, earnestly and respectfully protest against any change by which the Military i)(.'[)artment of Oregon shall be merged into any other department, and against its h.>ad- quarters being removed. '''• lltsolxcd, That we respectfully and earnestly solicit the President of the United States to continue the present able < r. . i .:| gj ■•s\ ^1^ f.' * :,i¥ It,':.. ■,ti ■%::: I- •>.■ ;i 1. 1 S \ N .1 L A N \\ ATKK BOl-,N DA KY. experiencod, and prudent oflicer (IJriixadicM'-donoral ITarnoy) in conniiand of said Military Dopartnie'iit. ^'Resolved, That we firnilv hcMimc (icnci-al TTanioy has acted in a prudent and proper manner in jilaciniif a military force on the [sland of San Juan, tor the protcH-iion of Ame- rican citizens i'rom foreign savages and wanton atrgressions of foreign olllcials : " 1. r>ecause the island is clearly ours under a fair con- slriiction of the treaty. '* 2. l>ecauso said island is within tlu> Military Department of Oregon, it hiiving been, by an Act je, at the tinu^ the i-ii'cumstanees of the case recpiired that a military force shoulil bi' [)lae<'d there, '' Jicsiilnif, That (mmu r.ii 1 larney, having I'ightfnlly placed a military force U(>oii said i-'l.uid, would have bciMi riH'ieaiil to his tru-t had lu' failed to support it with all tlie |) n\ii' at his conmuuid when it was thriMtened ui'h an attack by a foreign nation. " Jl<\s(i!r(u\ 1 hat having the hiUest confidi'iice in our title lo the island, our right should b(> inaint;iined ar all hazard. •' lii'siilnd^ Tiiat \\e mo>t reaped fully ask the proper authorities lo i\'voki' the (ulious milliiiry order placing San .luan Islaiid (.\ [loriiou oi \\ hal*'oni t'ounty) under military rule. " ./iV.V('/(v'f/, Tli.it v.e have the l'ulle>-t confidence that the President of lla- I niteil Stall's will aetju.-tiv and lirndy in the premises, and that American rights will be fully vindicated by him. '' Ixcsolmi^ That eopil,'^ of tiavse resolutions, duly signed and cerlilied, be sent lo our delegate in Congre.---, to be by him sui)mitted to the l're>ident of the I iiiled Slates: and also toi It appears tliat tlvo IJritish troops wero not lan>h suhjeels on the island. Should the ollicer commanding the Uniti'd St at(?s troops bring to your notice ollence-i connnilled by any of Her Ihitannic Majesty's subjects, you will use your l)i'-,t judgiUiMit in dealing with the ca-ic, and I authorisi> yoii, if you (leoni it necessary, to send tlieni oil' die inland l)v the iii'st opportunity. If any doubt arise as to the nationality of an ollender, you will not act in the case before you ha\ c cuii-iilted with the liiited States eontinanding ollicer, and not even then, unless your opinions coincide. \nn will place yourst-lf in franlv and free cMniinnnii' aioii with the c()unnanding ollicer of the I'niled Statosi troops, bearing in mind how essential it i-, m. »;?tj i J . "tf ! .11 H, I' 1,^ If i^ '■''■• '.i.'V'' [if:;;: V. „ :34() SAN JUAN WATER BOUNDARY. for the i)ublic service that the most perfect and cordial under- standing shoidd exist between you, which I have every reason to feel assured you will, at all times, find Captain Hunt ready and anxious to maintain. " RoBKRT Lambert Baynes, " Rear- Admiral Commander-in-Chief. " Captain George Bazalgette, lloyal Marines, '' Commanding Detachment on the Island of San Juan." The courtesy of CaptaiQ Hiiut was not appreciated by the American squatters on the island, and liis endeavours to enforce oixler auKjng them, and to pre- serve the (hseipline of liis troo))s met with a deter- mined opposition. I refer to this for the purpose of showim;' tlie eliaracter (as sketched l)y a Tnited Htates ollicer) of the so-called Tnited States suhjccts, who had settled upon San diuui, and on whose behalf Gem-ral Harney felt himself called upon to interfere. On the 7th of ^larch, 18(10, certain per- sons, stylinii' themselves " citi/cms of the Island of San Juan," presented the following petition to Cileneral Harney :(') — "GroNKUAL, — We, the undersigned citizens of this island, beg respectfully to call your attention to the gro.ss and mi- gentlemanly conduct of Captain Hunt, the ollicer in command ut tills station. We ask it he is justified, us a military num, to infringe on the rights and privileges of American citizens? Is he justified in stopping trade, and endi'avom-ing to drive the inhabitants from the island '{ 8uch conduct he is guilty of, and, unless in\mediati' steps are taken to prevent any further outrage on his part, not only the service to which he belongs, but the dignity of the country, who boasts her liberty of the subject, will be compromised. J5y his recent conduct, (') AuuTicaii Stutu I'uimth, i>. lilt. „ . ,,.„,-«»*,M««a?^,«ai;^»3i»iS4i&e SAN JUAN WATER BOUNDARY. 317 the whole of tlio iiilial)itants of this Lslaud have been iiisulted, their position as tradesnieu and citizens lowered, and he himself become an ol)ject of contempt. We, therefore, respectfully ask your attention to this appeal, and trust that either a more sane and proper officer may replace the one now in command, or steps may be taken to prevent any further inquisitorial and unjusl interference on his part. " With profound respect, we beg to subject ourselves, (reneral, your most obedient servants, " 1). W. Dauling. " J. 8. BowivEii. " B. M. Kennklly. " N. ]5vKt:u. " Frank Ciiaxdi/ku. " Dennis McCarthy. " Georue Bordew. " JuiLN Smyth. " James Frazer." •ft- ,;. trA ^ 'I V.' '-J i- ,» ;,»-' '■'■ Tills potitioii was forwarded by (Jcneral ILaniey to Captain Hunt, who wrote the lollowing- letter with reference thereto ■.[}) — " Camp Pickett, San Juan Island, " March 30, 1800. "Captain, — 1 have ihe honour to acknowledge the receipt of your comnumicatiou of the i!lst instant, enclosing another which j)urports to come iVom citizens of San Juan Island com{)lainiiig of my conduct as commanding ollicer oi the island. '' 1 regret being obliged to notice, in any mamier, a state- ment couched in such languagi', and coiwc-ying charges so incredible. It i-* unui'ces-ary, I am suri*, for me to ih-ny th t 1 have interfereil with ' tr.idi! ' or 'tiadc^nicn' bv'ynnd tlu« fact of taking actinu in hrhnlf of the citizens of San .luan i-hmd against a numl)er of tran.-.it'nt persons, illicit liipior dealers, who had i)een com[)laiu('(l of in the strongest terms by the reul settlers, who livc>(l by dealing poison to my mi>n, and who (>) Aiuurioan £:ilatu rupera, p. 215, 1 i hi \f> \-'t".< A . TO' •■ ■ ' .jl* VLfy \\ '■■ 348 SAN .HAN WATKR BOIJNDAHV. all, without excoption, I believe, have no other stake upon the island than that arising from their ill-gotten gains. I recog- nise the names of three individuals (and their creatures) who are indignant that [ should have interfered with their ' trade,' however illegal > ' .^ " For the information of the commanding General, and to give him the fullest proof of the embarrassing position I occupy, uidess I choose to shut my eyes to the evils existing upon the island and attempt no remedy, I t)eg to forward the statement of Mr. Newsom, late magistrate on the island, as also a ))etition from the bona fide settlers. In the present anomalous po>ition of the island all sorts of opinions are held by even the residents as to jurisdiction and authority. They are op|)os(>(l to Whatcom Comity jurisdiction in whole or in part, alleging certain grievances. Many of the citizens think that until the (piestion of title is settled the island is properly under military jurisdiction, and wouhl be glad to have it so declared. " [ understood from Judge Fitzhugh last December that, in his opinion, I had full jiower to act against evil-doers iu • ■eueral ; and ' if I found dillieulty in that, to arrest them and send them ovi>r to him.' In the absence of any fixed and di'finite jurisdiction, opinions being various, and my instruc- tions general in their character, I have Ikhmi obliged to act as eases arose, according to ciicumstances and my judgment. "■ At the suggestion and l)y the advice of Mr. Crosbie, then magistrate, to whom 1 applii'd for action against the nuisance of two whiskey shanlit's in the immediate neighbour- hood of my camp, I published an order on the l»!th of December declaring the militarv reserve to eni1)race an area of four s(piare miie'^, and directed I'' rank ("handler and his partner, Pennis McCarthy, and l''ra/.er (understood since to i)e a l>riti>h subject), to reniov(> tlu'ir respective nuisances, giving them the privilege of joining tlu'ir liipior-dealing brethren in Mown," which they promptly accepted. The sauu' order forbade, under p(Mialty of prosecution, the trading or having in possession soldiers' clothing, a [)ractice which had SAN .11 AN \VATi;n BOINDAUY. :M.ct, had robbed him duiiiig his absence of a huge (piantitv of potatoes. Several robberies had occurred about thai time; there was no magistrate upon the i>land, and with some reluctanc;e 1 yielded to the apjicals of Mr. lliggins, and sent a lile of the guard to accompany him in the search for his potatoes. This is probably the ' iiKpiisitorial ' action refiM'red to, but it was for Kearni>y to coiu|>lain, if anv one. On the contrary, he expri'ss(>(l his perfect willingness thai the military should search his cabin. " in conclusion, 1 ma\ be pcrmiltcij to add, that I con- ;'.^4 m '>■■".,•' h ■■■■'■'■.:: 350 SAN JUAN WATER BOUNDARY. gratulate myself upon hfivliig won the confulencc and best wishes of all the respectable inhabitants of the island. " I am, sir, very respectfully, your obedient servant, "L. 0. Hunt, " Captain 4tli Inftiiitry, Commanding. " Captain Alfred Pleasonton, " Acting Assistant Adjutant-t' Mioral, Fort Vancouver, W.T. \T rn 5, Captain Tluiit also wrote at the foot of the petition forwarded to him :(') — " The above was written by a young Englishman from Victoria, whose knowledge of drugs induced me to place him in t!ie hospital, with tlie view of enlisting him, perhaps as hos{)ital steward. lie proved trilling and tricky, and was sent off." Notwithstanding- the defence made by Captain JIunt to the accusations of the American settlers on the island, (ieiieral JIarm>y decided to remove liim from Ids command, and n'instate Captain JMckett. T think it must l)e apparent irom the orders issued by till' (ieneral to the last-named oHicer, tliat he was dt't rmined, at all hazards, to usurp an exclusive juris- diciion over the islaiul on behalf of" the civil authori- ties of Washin^'ton Territory, and be probably knew thiit Ciiptain Hunt would not abet bim in the ])lans he bad formed. Indeed, Captain Hunt, in a subse- quent letter to the i\lilit;iry Secretary (-) stated that he bad no doubt tb:ii liu' replacing" of Ca})tain J'ickett upon the island was cpiite independent of comjilaints of bim (Ciiptain IJunt), and that it bud lon^- been conO'mplated. Cn the lOth of April, iMiO, the fol- (') Auioricun ttuto I'lii oih, p, lilG. (») /(/(tit, p. :!iy. SAN JUAN WATER BOUND .r^i. 351 i ; I lowing instructions were issued by General Harney to Ca])tain Pickett :C)— " Head-quarters, Department of Oregon, " Fort Vancouver, W.T., April 10, 1800. •'Captain, — You will perceive by special orders No. 41, of tills date, a copy of which is enclosed, that the General com- manding has re{)laced you of your company on San Juan Island. " For your information on this position, you will receive, as accompanying papers, the correspondence and instructions of Lieutenaiit-(ieneral Scott, wirh reference to San Juan Island, witli an extract from the orders of liear-Admiral Hiynes, commanding Her Britannic Majesty's naval forces in the Pacific, to Captain Ceorge I'azalgetto, of the Royal Marines, commanding a detachment of Royal Marines, landed on San Juan Island by the consent of General Scott. \ " These orders of Admiral Baynes connnunlcate to his otllcer that he is placed on the island for tlie [iroteriloii of Bi'itish interests, and to tbrui a joint military oi'cu[)atlon with the troops of the United States. " To meet these orders of the Admiral, and to r(^mov(> aiiv misconception on the part of tiie British aulliorities as to your duties, I am directed to impart to you the following explana- tions and re([ulreinent3 of the General commatiding, a copy of which you will furnish Captain Bazalgette for the liifoniiation ot Rear-Admlral Baynes. "1. Lieutenant-General Scott ha-; left no ord(»rs or insi ruc- tions wltli the (ien^'ral couim.uiding to grant a joint military occutiation of San Juan Island with Ibitlsh troops ; neither has any authority been delegated by the (jovernment of the Utiited States to the General to oiler or accept such occupation of that i-il.nul. The olfer made by General Scott, when in command hero, was not accepte 1 by Governor Douglas at the time, and consequently couckuletl that transaction. No arrangement (') Aiuorieim Stiito Papers, p. 210. A K '^f • ■ , / * I- '.^ :\:k SAN J IAN WATER BOUNDARY. lias heoii made since to renew it within the knowledge of the General commanding. " 2. The British authorities having submitted the assurance to General .Scott that no atrem|)t would be made bv them to dislodge by force the United States troops on San Juan Island, they were permitted to land troo{)s for similar purposes to which your command was designed in the original orders con- veyed to you in July last, viz., the protection of our citizens from Indians, both native and foreign. In cotmection with this service, the General commanding takes occasion to present you to Admiral Baynes and the olficers with whom you will be brought in contact, as an officer possessing his highest con- fidence, that nothing will be omitted in maintaining a frank and generous intercourse in all matters coming within your powers to establish a practical solution of the present misunder- standing, wliich shall prove honourable and satisfactory to all parties, until a final settlement is attained by the Goveriunents. " ;i. Under the organic act of the Congress of the United States for the establishnjent of the territorial government of Washington, the first legislative assembly in 18')4 passed an act including the island of San Juan as a part of Whatcom County. 'J'liis act was duly submitted to Congress, and has not been (lisaj)[)roved ; it i.->, therefore, the law of the land. You will he obliged, consequently, to acknowledge and respect the civil jurisdiction of Washington Territory in the discharge of yoiu' duties on San Juan, and the General jomnianding is satisfied that any attempt of the British commander to ignore this right of the territory will be followed by deplorable results, out of his power to pn'vent or to control The General com- manding will inform the Governor of Washington Territory tiiat \ou are directed to comnumicate with the civil olHcer on the island in the investigation of all cases retpiiring his attention. In the event of any JJritish interests being involved, you will notify the ollicer placed there by Admiral Baynes to enable him to propose some Jirrangeinent satisfactory to his instruc- tions, as well as those of the civil ollicer. Let it be understood in case of disagreement of these [)arties that no action is to be SAN JUAN WATER BOUNDARY. 353 taken until tlio case has been referred to Admiral Bavnes and tlie Governor of Washington Territory respectively. "These suggestions will be acceptable to the conditions which govern the territorial authorities of Washington, while satisfying the obligations of the inilitarv service to their own as well as the civil laws of the country, and it is fair to presume they will be ad(,pted by Admiral IJaynes, since the tenor of his instructions to Captain JJazalgette is sulHciently liberal U> justity this conclusion. " I remain, Captain, very respectfully, your obedient servant, "A. Tlrasunton, " Captain 2nd Dragoons, A. A. Adjutant-General. " Captain George A. Pickett, Commauditig Company D, "9tli Infuitry, Fort Bellingham, Puget's Sound, w'.T." Certain papers h:iviii;p reference to the removal of Captain Hunt and to the re-appoiutmeiit of (Japtain -Pickett were Ibrwarded to the Secretary oi" War by (ieneral Scott, with these remarks :('j " These papers are important : — " I. Brigadier-lfeneral Ilaruoy has substituted Captain rickett for Captain Hunt in the command at San Juan Island, reversing my act. My reasoa f)r ..ub.lituting llmir, for Pickett was ihi,: I'ickelt, on lauding on tlie ishmd m July, lS.-,0, under the orders of 1 laniey,^ issued a proclama- tion declaring the island belon-ed to the United Slates, and containing ([ speak from memory) other points or languano extremely olKmsivo (as 1 learned) I" the' nriii.h authoi'^tie's ; and, as my n,i<.ion was one of jm/rr^ [ ihoujrlit it my duty to substitiUv Hunt for Pickett, after I had named Pickett fo'r the command. Jlunl (as our ollicers informed nie) was remarkable for iirmness, discretion, and com-te.xy. The .Secre- tary of estate can i)rol)al)l\ conlirm this characteV of Jlunt. "2. It will be seen by P.rigadier-( ieneral Harney's iuMriic- (') Aincricau Slalo ]'aix'r.s, p. lilj. •1 ' .* ^ ■•■■,'■■(•■ '.■*■■ . ■ m ;>•■■-'■ '^ y>j' ■■'.'. i 354 SAN JUAN WATER BOUNDARY. tions to Pickett, of the last moiitli (herewith), that Harney considers San Juan Island as a part of Washington Territory, and Pickett is directed to acknowledge and respect the autho- rity of that Territory. If this does not lead to a collision of arms it will again be due to tlie forbearance of the British authorities, for I found both Brigadier-General Harney and Captain Pickett proud of their conquest of the island, and quite jealous of any interference therewith on the part of higher authority. I beg it may further be remembered that I inti- mated a doubt to the War Department whether Brigadier- General Harney would carry out my pacific arrangement resj)ccting the occupation of the island with good faith, or even with courtesy, and hence one of my reasons for wishing to relieve him from his command. " Respectfully submitted to the Secretary of War. " May 14th, 18G0." " Winfield Scott. Captain Pickett relieved Captain Hunt on the 80tli of April, 1SG0,(^) and as soon as the intelligence reached Washing-ton (~) Lord Lyons wrote to Mr. Cass, and called his attention to the change which had been made, stating that he was confident that the Government of the United States would lose not a moment in taking measures to arrest the deplorable consequences which would, indeed, be only too likely to follow any disturbance of the settlement so justly and wisely efi'ected by General Scott. He also en- closed a copy of the above instructions of General Harney to Captain Pickett. Mr. Cass replied as follows :{^) — " Department of State, Washington, June 8, 1860. " My Lord, — I have received your lordship's communica- tion of the Gth instant, enclosing copies of orders issued by (') American State Papers, p. 257. ('') Idem, p. 25G. (») Mem, p. 258. ■'t SAN JUAN WATER BOl XDARY. 355 icli lat ?nil Ilea- by 258. General Harney to the commanding officer of the United States troops on the island of Sun Juan, dated on the 10th of April last, and communicated by the General's direction to the officer in co nmand of Her Majesty's troops on the same island, and have lost no time in bringing the subject to the attention of the President. " I am now instructed to inform you that the arrangement entered into by General Scott in the month of October, 1859, in order to prevent any collision on the island of San Juan be- tween tlie British and American authorities, pending the nego- tiations between the two Governments, was strictly in pursuance of a previous arrangement which was made with Mr. Crampton by the Secretary of State of the United States, in July, 1855, and met the full approval of this Government. The orders of General Harney, to which his attention has been called by the note of your lordship, and which appear to be in violation of the arrangement of General Scott, have been read, therefore, by the Presidont, both with surprise and regret. It is earnestly hoped that, upon a full explanation of all circus istances attend- ing them, it may be found that they were not intended to bear the construction which seems naturally to belong to them, and that in any event they will lead to no collision between the American and British authorities on the island. To prevent this as far as possible, instructions will be innnediately sent to the connnander of the United States troops in that region, revoking the orders of General Harney, and giving full effect to the arrangements of General Scott. A strict inquiry will also be instituted into the conduct of General Harney, with a view to such measures on the subject as may be found necessary, and for this purpose lie has been recalled from his connnand, and ordered to n'port at Washington. " 1 have the honour to be, my lord, with high considtMa- tion, )our lordship's obedient, humble servant, " Lord Lyons, &c." " Lewis Cass. On the same date the following orders were issued : (') — (') Americuu State Papers, p. 2.13. X 2 •v;i I ■.li ^ I 350 SAN JUAN WATKR BOUNDAKY. (( ■M- %M m ■^UM ^ It h: War Department, June 8tli, ISGO, "Tlio Adjiitant-frenoral will order llrii^adier-General Harney to repair to Wasliitigton City without delay. " John B. Floyd, " Secretary of War." " War DepartuuMit, Adjutant-General's Oilioe, " Washington, June H, 1«()0.(') " Brigadier-General AVilliam S. Harney, Uniterl States Army, will, on the receipt hereof, turn over the connnand of the Dei)artment of Oregon to the olRcer next in rank in that department, and repair without delay to Washington City, and repoi t in person to the Secretary of War. '' Bv order of the Secretary of War. " S. CoOl'Kll, " Adjutant-General.'' By orders of General Scott, Ca})tain Hunt was ac^ain placed in command of tlio Unitod States troops on tlu^ island of San Jnan. Of the details of General JTarney's reprimand I am ignorant. He was without commaTid for a short time. Whatever the dis])leasure of the supreme Government, the citizens of the United States hii^-lily applauded his conduct, and, according' to their custom, they serenaded liim uiglit and day during- a long- period. The Government of the United States was evidently ashamed of the mode in whicli the ])roceed- ings complained of had heen conducted by (Jeneral Harney and the ufHcers under his connnamh It is possible that at this juncture a favourable consideration (') Auiericau JStale P. i ors, p. L'l^. ''/} liffiS 'ly SAN JUAN WATER liOUNDAUr. 35: ol' the case, on its niorits, ini-lit liavo l)ooii brouglit about, tlic United States Oovcrnnicnt liaving allowed itself to be i)laeed in a false position. It is eertainly t(. be reo-retted that our ( Joveniiiieiit did not insist upon a withdrawal of the United States troops from the island, for the joint occu])ation has eoniplieated the question, and rendered its settlement more diliieult than it would otherwise liave been. The island havin- once been in the quasi-possession of the United States, any one acquainted with the temper and cha- racter of American citizens can readily understand that they will consider it as a point of honour to acquire and retain full possession thereof. i I v.: '■■'■Hi? ■'■ }i t ■' .'V ■» ; -M :,i""V:;: . V CITAPTER XTV. It is timo now to rotiiru to tlio corrospondonco l)(.>t\vcon tlu> (iovpi'iiinciits of Grout Britain and tlio Ignited StiitcH with rotercnce to the hotnuhuy (juestion. On tlu' lOtli of Oftohcr, 1^51), Lord Lyons wrote as I'ollows to Mr. Cass :(')— " Washington, Octob(>r 10, 1,S:.!». '' Sir, — llor Majc-ty's (!()V(Minn(Mit have rcvoivod my roju)it ot" the verbal eoninuuiication which you (Ud me the honour to make to me on the [)th ot last month, with re^nird to the rociMit occupation of the island of San Juan by United States troops. '* It is satisfactory to Iler Majesty's CovernmiMit to learn, as to tlie past, that General Harney did not act on that occasion ii[)t)n any order from the United States (.iovernment, but entireU' on his own responsibility. " Hut, as to the future, Her Majesty's CSovernnuuit cannot con;factory that my note of the I'jth of ^hiy last should have remained without an answer. They have, conse- quently. requeste«l me to press for an answer to that note, and to urge that orders bo sent to the United States t)iliceis not to use military force on (Iis|Mited Iciritoiy without direct authority from (he President; for Her Majc.-ty's GovernnuMit '^•aimot but think that if such ai'ts are to take jilac(> by the sole direction of subcM'dinate oHii-ers, and the Uresident doe> not disavow tlieni, tlu! conse(|uence nuist bt> as evil as if the I'resident had authorised them from the be,tj;innini^'. (') Auieriian StiUo rmii-vH, p. 22l>, SAN JUAN WATF.K ROrNDAKY 3r)0 " I liavc flu' honour to bo, with the highest coiisideratioii, sir, your most obodieiit, humble servant, " Lyons. " IIoii. Lewis Cass, dec. (ice. <)s:e." Tills K'tti'i' was lolloNYc'd by another (M dated " Wa>liiiiL't()M, October l."), IS.V.). " Sir, — r have the honour to iiit'nrm you that 1 reet'iveil this moniini^ from Il(>r Maj' sty's priueipal Secretary ot" State for Forei^Mi Ailairs, a (K--;i>ateli iuformiiiL' nie that Iler Majesty's (.lovcrinnent had had under their consideration mv reports of the comuiunieations which had taken phice l)et .veen you, sir, and myself, previously to the 14th of hist niontii, relative to tlie ishuid of San Juan. "Her Maji'sty's (Jovernment awaited, with anxietv, the further decision of tlie (Jovernment of the liiiti'd State's respectiii!^ that island. "The withdrawal of the I'nited States troops, or an arrangement for joint occupation by British marines and the military forc(> of the United States, would provide Ibr the iuunediate dilliculty. "But the course most conducive to [)ernianent relations of friendship between tlie two countries, wotdd be the aeei'ptance of the United States of the fair and equitable pro[)osal con- tained in the despatch from Lord -lohn ilussell, dated the 24th of Auu;u-t last, of which 1 had the honour to jihice a copy in yoiu" hands on the ll^th of last month. "I am iii.structed, sir, i'arne>tly to reconiniend these points to your attention, and to iufortn you that tht> course of Iler Majesty's (Jovernment will i)e j;iiided by the nature of your re|)ly. " I liave the honour to be, with the highest consirH, p. 'SAO. m V! ■ 300 SAN JUAN WA'I'KR IIOI N l)AI{Y. H'Sa 1 JMi". (or (u'lKTiil) Cuss replied as lullows :(') — ■ " I)('j)art)iu'iit of Slide, " \Vii,liin-toii, OdoluT i'2, 18,5!). *' ^Iv Lonit, — 1 liiivc liad the lioiujiir to i'i'ci'i\(- \niir hird- slii|)'>, note of the lOlli iiistiUil, ill wiiicli you recall niv attention to voiir |)reviou.s note oi'flie ll'tli of .Mav, on the Nulijeet, of tin; i-eceiit occupation of tlu; island of tsaii Juan Ity troops of the I'uited iSlates. " III s(>\('ral coiivei-satioiis with your lord>lnp. 1 have en- deavoured to {)laee you I'lilly in possc>-i suhjeet as tlm ['resident lias received, and of the j^eneral views ollhis ( ioverninent with re>|K('t to it. ^'ou aro aware that on the llth ,Iuly, JSij."», Mr. Mai. the late SecretaiA ol State, addressed a letter to (!o\» riior Stevens, of W'ashiiiiiton Terrilory, with the >|)icial |)Mr|)o-<' <>t' preventing any condict on the inland pending the seltlenien of iIm- title to it, which was in di-|)iile between the two eonniie>. V\ hile this ( ioveniineiil, had no doubt whatever that ihf isjaufl heloii^u'd to the I'nited Stat< ,, it was (|uite willii'H'/, for fhis very reason, to await the resnh of iicLiotialion wli'i-cji inijiht be expected to h'ad to thi- coiiclu.~ioii. A copy ol this condition ol allairs at the time when (ieiieral Harney thoiiuht it iiece^-arv, for tlio protection of American cili/ens, to direct a mililaiy force to take po-ltion on the inland. In verbally cnnimunicatiiif^ to you these facts, i also informed your |ord-.hip that to it, under the treat v of I'^lt). Tlie I'roident, I'lilly coneiii's in tlic opinion e\|»re--e(l i)v ( lovernor Marcy, lliat till! island is a part of the po—i'-^ioiis of the I'niled States, and lie ciiiilidentlv hopes thai this niav oe sf)0!i e>tal»li-lied l)y friendly (li-''ii->ion, wilhoiit, t'tirlher collision ol aii\ character l)et\\een the citizens and snhjei-ls ol" the two coinitrie-^ re->idinj^ ill the vicinity of the i>laiid. " TliinkiiiL;' it quite li^ht tliat what has tiiu-; heeii stated in ronversation should \h\ repeated in a more di~tiiict and formal manner, the I're-ident ha- iii'-lrucicd me to addre--. to you tlii-. note, and to eiiclo-.e to \ou copies of the in-t met ions rei'cntlv i-Hied on the siilt]ei| 1)\ the [artinjl Secretary of War to (ieiicr.il Se()tt,(') and liy thi- d^'pai t iiicni to the (io\('i-iior of \Va.-hinL!toii Teintoiw. in the tr,m-niis-ion of ihesi! copir-, 1 tril-t \nii\\ill see rciie\\(M| e\idriice of t he desire of this ( ioNcriiiiieiit to mainlaiii the mo-t frank and friendlv relations wli h that oflireat llrilain. " I emhrace this opportunitv of reiiewiiiL; to \()\\y lordship the a.s.iMriiuces of mv hiiili coii-ideralion. '' Li:\\ I.- (J ASH. " Lord Lyons, ,^r. kc, ki'^ SiiliS('((Ueiill y Mf. (';iss wi'ulc l, "■ < (clohrr l^'l, IS.",;i. " Sril, —When the treaty of Isjii had Ix'cii coiiclude(l Ite- luei'ii the I'niteil Stiiles and (ireal rnilain, it ua-- believed ihiil all controvcrsv conecrniiiL! the hoiiudarv lielueen tlii'ir « ■ ro.-.p('ctive po>.-,c'.ssi()Ms on the noitli-we-.t co.isl of i\uii'rica Wiis ^)l«' m M (') 'I'lii'vc iimlniolinllM lillVi- ln'cn cet Kill IllidVf. ('•'l Aim iii'aii Siiitc l'ii|ii'is, p. ».tl. ?'■■ w ■;,• ;, , 1 " J:- ■v.* 'r ■ *:'::'? ^ \ 1 1 1' 'l ■ ■• '^ . 1 1 ' i i 3G2 SAN JUAN WATER BOUNDARY. for ever set at rest. In order to accomplish this result, the United States had relinquished its title, which it rei^arded as clear and unquestionable, to all that portion of Ore^nju Territory which was included between the parallels of 49'^ and 54° 40' north latitude, and, for the sake of peace, consented to a deflection from the forty-ninth parallel, so as to leave Vancouver's Island undivided to Great Britain. After these concessions, I need not explain to you with what regret and disappointment this Government now finds its title drawn in question to still other territory, south of the parallel of 49*^, its right to which, it was thought, was beyond any possible dispute. Whe)i the first doubt concerning it was suggested, it was hoj)ed that it might be readily determined by the Com missioners who should he appointed on the part of both Govern- ments to survey and mark out the treaty line. You are aware, however, that the Commissioners a[)p()inted for this pm-pose were unable to agree as to that part of the boundary which lies between the point of deflection on the forty-ninth parallel and the Straits of Fuca, and that they reported their disa- greements to their respective Governments. A new subject of difference has thus arisen between the two countries, the adjustment of which, we are admonished by recent events, cannot be long delayed without serious hazard to their friendly relations. It is doubtless in this view of it that the Britisii Government has recently proposed to the United States to adopt what it regards as a eomjjromise line of boundary be- tween the conflicting claims of the two Commissioners. This proposal is made in a despatch from Her Miijoty's principal Secretary of State for Foreign Atliiirs to Lord Lyons, the IJritisli Minister, in Wa^liington, dated August "24, 1 ^.V,l, a copy of which he was directed to furnish to this department, and of which a copy will also act\)in[)any this note. " The President has not failed to con>itler «ltti« despatch with all that attention tiiat is due to the im|H>r*ance of its subject, and he cordially reciprocates th*' de- ii^sed by Her Majesty's Governtnt-at for a 'umtMailA >.*i!i-uielory and hcnourable settlement of the question" «» (v»iitrv)versy. He SAN JUAN WATER BOUNDARY. 303 concurs also with Lord John Russell, that after the gradual disappearance, one after another, of so many of these points of difference which iiave disturbed the relations of the two countries, no reasonable doubt should be entertained that this new question which has arisen will, in like maimer, be aniicablv adjusted. It is impossible, however, to reconcile these just and friendly sentiments of his lordshi[) with the declaration which is made in another })art of the same despatch, that the British (irovernment is already determined, under any circum- stances whatever, *o maintain its right to the island of San Juan ; — ' The interests at stake in connection with the retention of that island are too important,' it is said, ' to admit of com- promise, and your lordship will con^eipiently bear in mind that, whatever arrangement as to the boundary line is finally arrived at, no settlement of the (piestion will be accepted by Her Majesty's Government which does not i)r()vide tor the island of San Juan being reserved to the Briti-ii down.' " If this declaration is to be insisted on, it nm>t termin.ite the negotiation at its very threshold ; be('au>e thi> (Jovern- ment can permit itself to enter into no (li>icussion with that of Great l^ntain, or any other jnuver, except upon terms of per- fect equality. And when Her Majesty's (}overnment declares that it will never yieUl its right to the r>!aii(l of San .luan, this Government has oidy to (Kvlare a Nimilar «leiermination on the part of the United ^tatos, in «m>Km' t<» J>'i*. 1 cannot per-nade myself, howner, thai any >noh result *«> tlii^ \v«» kontv'mplated by Her Majesty's (iovernment, or that »lio I iiited States could have been exi)ected to enter upon a negotiation where its own claim was exchuK'd in advance, and the only adjust- ment possible was that claimed by the (>ppo.'>ite piuty. Ihit for this confidence which he feels in the good intentions of Her Majesty's Government, the rre>ident, 1 am instructed to say, would not feel himself at liberty to I'litertain tlu> pro[)o- sltion of Lord John ivussell, even for the purpose ofdi^cus- sion; and it is only because ho believes that the objectionable docluration by which it is accompanied will receive a i)rom[)t w 3(il SAN JIAN WATKU r.OrXDARY. i:\ ■ ) ^\ I explanation or withdrawal, that ho has instructed me to ofier some observations in respect to it, " Tlic proposition I)eing a pr()po>ili')n of compromise, as- sumes, of course, that the (liU'erenci' hetwtMMi the two (Jovern- ments, as to the mi'aninu ot the ti'eaty, in tliat part of it which is in controversy, is wholly irreconci!aI)K\ The rri'-ident is not prepared, however, to ri>arh this coiichi?ion until every reasonable efl'ort has been exiiaii-ted to avoid it, and he caiaiot help expressing his regret that tite r)riti^h ( !ov(Minnent should have thought it necessary to aband-ai the treaty line for a line purely arl)itrary, before any di-fu-^ion whatever had been had on the subjeci with the United States. It is (piite true that the C(nnmifh Commissioner seems to have entered upon iiis work — that a ili>agreenient wa- inevitable. Such a result was even conteniphUed in the orijiinal in-ti-uctions under which Captain l*revo-t conuntMiced hi> labours, anil he was authorised, in view of it, to pro[)Ose the V(M'v compromise whieh is now sujjgested by Lord John llus-ell, while he ap[)('ars to liave received >ub>tanlially the sanu' caiUion with respect to the ihland of San Juan, which is given to Lord L}ons in the Jitmexed despatch. ^Vithont entering into any comment upon liu' peculiar chatarler ol' (he>e instructi(;ns, or undertaKing to iletcrmine how far llicy inlluciHcd the eouive of the IJritisli Conimi>*ioner, 1 think tlu'y are ralciilated to explain, in some nu^asure, the I'ailure of the commission, and toJu>til'y the hope which the TresidcMit >till ent«>rtain>, that the ti'ue line of the treaty may yi't bi' a^reeparates the continent from \'an('ou\er"s l>l;nid, and thence soulhi'rly throui^h the muldle of -aid channel, and ol' I'lica v^traits, to the I'acifie Uccan ; providi'd. however, that the na\iL'iition of the whole ,- ».„,af*>^asi«i*SW SAN JTAN WATI'.ll BOUNDARY. 305 of said cliaiinol and straits south of the forty-uiiitli pamllol of north latitude rcMiiaius Ave and open to t)oth parties.' It IS much to 1)0 rotrrc tted. lUlUOl ihtedh -nia-e ascertanied. was occasioned, and ihe terms of the article are less precipe than they would otherwise have been, in cons -fpience of thc^ conviction of the ueuotiatois of the treaty that their purpos.> in framing it was too clear to be mi- siiriiification of a doubtfid phrase, [n this belief", I am [)ei'suaded that the negotiators were only just to their respective (jovernments, and that, if the purpose of the article can be at once det(M-- inined in haruionv with the general tenor of its lanuiiauo, this disc\ission will lie for ever terminated, therefore, that I shall fir.">t addre>s mv-t>lt'. It IS to tins nunnrv, " The ()regon negotiation, which result'vl in the treaty of 1846, oriuinally involved, as yon are aware, the whole of that territory west of the Hockv Mountains, between the parallels of 42^ and o4" 40' north latitude, which is now occn[)ied south of the IJritish line by the ^tate of Oregon and the Territory of Washington. Wluai President Polk canu' into ofVuN'. in 184.'), he found this whole region still in the joint oc(Mi[)ati'>n of the United States nnrl tween the two countric- upon tuc basis of the prindlel of4M^', and a jn'opo-Idon t'or the coniprit- miso was actually pending in Washington wlh-n Mr. I'o'k ecanu> rnsident. I uiHM' these cu\'umstani It h.m-Mt boinid to conlimie the negotiation, although in his inauumMl address he had declared his full conviction that we iiad a cK-ar titl(? to the whole territory . Jli' repeated the oiler, ther<'f('re, had pri'viously declined, to ado[>l tlie which mm 300 SAN JUAN WATER BOUNDARY. that Goveniniont, aiul lie offered in addition to make free to Great Uritain any port or ports on Vancouver's Island, south of that parallel, whir-h the British Government might desire. In his note of July 12, 1845, announcing to Mr. McLane, who was then the American Minister, that this offer had been made, Mr. Jjuchanan, the Secretary of State, took care to explain that it was only made by the President in deference to the repeated action of his predecessors, and that, with a single exception, it was to be regarded as the ultimatum of this Government. ' From what has been said,' he writes, ' you will perceive how perfectly impossible it is for the President to accept any terms of compromise which would bring the British south of the i)arallel of -l!*®, and this you may intimate to the British Ministers in conversation, should you deem it wise under the circumstances. The only exception to this rule which could possibly be made might be the concession for an adequate equivalent of the small cape of Vancouver's Island south of this latitutle.' The offer, however, was rejected by the British Minister in Washington, and was immediately with- drawn, Great Britain being informed at the same time that it would not be renewed, and that no further proi)osition would be made by the United States. It remained for the British Government, therefore, to determine what other steps, if any, should be taken to continue the negotiation. The first proposal which was then made was a proposal for arbitration, and this was declined by the President, for the avowed reason, among others, that its acce[)tance might possibly result in bringing the British pt)ssessi()ns below the parallel of 40'^. Meanwhile a resolution was passed by the Senate, advising the President to give the necessary notice to terminate the treaty of 1827 — which i)rovide(l lor the joint occupancy of Oregon — and this notice was given. " In this serious cixulition of aiVairs renewed efforts were made through Mr. McLane, in London, to induce the Presi- dent to repeat his oiler of July 12, which had been rejected by Mr. Pakenham, without any reference of it to his Govern- ment, but the President refused to change his position. In .„.„aMaimMmM SAN JUAN WATER BOUNDARY, 307 reference, however, to that or any similar offer which might be made by Great Britain, lie made no secret of the course which he might be expected to pursue. * He could not now authorise,' Mr. Buchanan wrote to Mr. McLane, on the 29th January, 1846, ' the conclusion of a treaty on that basis. But the Senate, his constitutional advisers, are now in session. The question of peace or war may be involved in the issue. In deference to the Senate, unclor these cir- cumstances, he would in the first instance feel it to be his duty to submit such a proposition for their previous advice. . The President will accept nothing less than the whole territory, unless the Senate should otherwise determine. The only question which he will decide is, whether the new proposition, should any such be made, be of a character to justify its sub- mission to the Senate for their previous advice.' ^Vith these views before him, and which were communicated to Her Majesty's Government, Mr. McLane was authorised to receive and transmit to his Government any proposition which Lord Aberdeen might make to him for that purpose; l)ut the nego- tiation was in no event to be transferred to London. On the 15th of May the pro[)osition seems to have been determined on by Great Britain, and Mr. McLane was then for the first time informed of it. ' I had a lengtlunod conference with Lord Aberdeen,' he wrote to Mr. Buchanan on the 18th of May, ' on which occasion the resumi)ti(m of the negotiation for the amicable settlement of the Oregon question, and the nature of the proposition he contemplated subnutting for that pur- pose, formed the sul)j(>ct of a full and free conversation. I have now to state that instructions will be transmitted to Mr. Pakenham by the steamer of to-morrow, to submit a new and further proposition on the part of this Government, for the partition of the territory in dispute. The propo>ition most probably will offer substantially, first, to divide the terri- tory by the extension of the parallel of 41)^ to the sea — that is to say, to the arm of the sea called Birch's IJay — thence by the Canal de llaro and Straits of Fuca, to the ocean, and confirming to the United States (what indeed they would Ik m '■»■ f r I M m *i;.< wm ,A, 308 SAN JUAN' WATER IJOUNDAItV possess without any special confirmation) the rii;ht tVeelv to use and u;uiLfate the strait throughout its extent.' yVt'ler further describiui^ the proposal, Mr. McLane adds, that he has reason to know that it is not an uK'uiuitnm, but that ilr. Pakeuhani would have no authority to modify it without con- sulting his Government, and he expressed also the coufidi'iit opinion that it will not he possible to obtain the extension of the forty-ninth parallel to the sea, so as to give the southern cape of Vancouver's Island to the L'nited States. " In coiiiormity with the expectation of Mi*. McLane, the British proposal was sent to Mr. Pakenham by the steamer of May 19, and on the Gth of June it was presented by Mr. Pakenham to Mr, ]jU('hanan. The proposal thus made was precisely the present treaty of 184G. Un the 10th of June it was laid iiefore the Senate l)y the President, with a request for their advice as to the action which, in their judgment, it may be proper to take in reference to it. On the 12th of June the Senate adopted a resolution advising the President ' to accept the proposal of the Pritisli (jJovernment.' Four days after the treaty was sent to the Senate for its approval, and on the 18th of June it was ratified in the precise form in which it came from the Ihitish (joverinnent. " From this narrative, whatever may be said of the language which tlk- negotiators of the Oregon treaty employed, to give effect to their intentions, there can l)e no doubt, it seems to me, as to the l)oundary which they had in view. The great controversy was ended on the forty-ninth parallel of north latitude. It is at tliis parallel that the boundary begins in the first article. It is this boundary which controls the JJritisli right of navigation, 'on the great branch of the Columl)ia Kiver,' in tlie second article. [t is this paralkd which is referred to also iu the tliird article in connection with tlie possessory rights of the Hudson's Pay Company. It is this parallel, moreover, whicii has been the basis of every Oregon negotiation which has ever been undertaken by either country. It was adopted at last in 1840, and now remains, with a single exception, the un(lis[)Ute(l north-western boundary of the lis to re at lortli the litisli il)ia 1 is the this jti-y. the S.V.V JUAN WATER BOUXDAUV. IW.) United States. Had Vancouver's Tshmd never existed, this exc'e[)ti()n would have been neitlier proposed nor conceded ; hut the h()uu(hu'y ot" torty-iiine wouhl have lun directly to the oceiui. (Jreat Ih-ilain uriied, liowevtM-, that a divided jurisdic- tion on this island nii^ht be a source ot" constant dillicidty to both countries; and since by tar the larger piU't of it was north ol" the line, she insisted that rlii' line should i)e (li'fK'cted tar enough to tlie south to leave the whole of it in her posses- sion. Even this claim was strenuously rcislcd, and the Tnited States end<'aM)Uied tor a long time to avoid it by otlering to concede the freedom of the harbours in the southern part of the island, instead of conceding the territory itself. Hreat Dritain, howc\er, n'hi.^ed to yield, and the detlection was finally adopted. It was ado[)ted tor the single put[i()-e of h'aving Van(.'ouver's Island undivided. Thi- was all that the British (.Jovernment claimed, and this was all tlia.t the Ameri- can (iovermniMit conceded. Mr. IJuclianan had wrilti'u to Mr. M(;Lai'.e, that, except for this |)nrpo-e, tlu' I're^ideiit would never consent to bring the British boundary a single inch below the [)arallel of 40*^, and no other purpose than this was anywhere avoweil. If the British (.iovermuent had de-iicd still other territory south of 4U^, it is (piite incredible that this desire should never have been announced. The geo . grapliv of that region was less ['/crfectly known at that time than it now is, but on all the maps the (Janal de Haro, and the archi[)elago east of it, were laid down with sullicient accuracy. No claim was made, houevei', to the [lossession of these islands, and the very i.-land of San .Iiian, whicli is now >o iiighlv estimated bv the ih'itish (jovi'rnment, was sulVercd lo pass unnoticed. Tiiere can be no reasonable doubt, therefore, that in the lanlied by that article [the Ist] .... Ibilows the parallel of 4'.i"' to the sfii, wit'r a slii-ht dellection to avoid cutlini,'' the south end of Ya ico;i\^ r"s Island.' This licing established, it remain^ now ro ji>jr;re in what manner the intention of those who iieuulialea the treat v was carried into (.'llect. ^^\ ,; ii if: IM 4!..'l S '•',! ' y'l * ^ IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I *«IIIIIM IM III36 MO IM 20 1.8 1.25 1.4 1.6 ^ f^>' _ ► Photographic Sciences Corporation 23 WISY .V.,'.)N ' 'IfSBi WIBSTIR.N.Y M>60 (716) 873.4S03 ,<^ > i\ 370 SAN JUAN WATER BOUNDARY. m w M k ,11 i ' >■ *: 1 1' " With respect to that part of the Hne of boundary which, in the words of the treaty,' siiall be continued westward along the said forty-ninth j)arallel of north latitude to the middle of the channel which sej)aratos the continent from Vancouver's Island,' there appears to be no dis[)ute, and there is no conflict either as to that part of it whicli leads through the Straits of Fiica to the ocean. The only portion of it which is called in question is that which leads from the point of deflection on the forty-ninth parallel to Fuca Straits, and even here I am unable, 1 confess, to appreciate the diiriculties by which ller Majesty's Government seems to be embarrassed. The words of the treaty are, ' Through the middle of said channel and of Fuca's Straits to the Pacific Ocean.' Ordinarily, and in the absence of any other controlling circumstances, the way which would be selected from one given point to another would be the shortest and the best way. In the present case this is the Canal de Ilaro, which is, midoubtedly, the broadest, the deepest, and the shortest route by which the Straits of Fuca can be reacluHl from the point of deflection. This pre- eminence was given to it by l)e MolVas as long ago as 1841, aiul it has been fully confirmed by subsecpient surveys. The Canal de llaro nuiy, therefore, be fairly regarded, fnau its own intrinsic merits merely, as the main channel down the middle of which the treaty boundary is to pass to the Straits of Fuca. It is the only channel, iTU)reover, which is consistent with the purpose of those who negotiated the treaty, for it is the only chaniu'l which separates Vancouver's Island from the conti- nent without leaving snnu'thing nu)re to lireat Britain south of the forty-ninth parallel than the southern cape of that island. The llosario Chaimel, claimed by Captain Prevost, would surrender to Great Jbilain, not only Vancouver's Island, but the whole archipelago between that island and itself; whihf the middle channel, which is proposed as a compromise by Lord John llussell, would in like maimer concede the im- portant island of San Juan. These considerations seev to be almost conclusive in favour of the JIaro Clianiu'l. But they ure abundantly confirmed by evidence conteuiporaneoua w!th SAN JUAN WATER BOUNDARY. 371 nise by lio ijii- ' to be ut tlioy lis w!Ui the negotiation of t)ie treaty. The description given by Mr. McLtine, immediately after he had an interview on the sub- ject with Lord Aberdeen, of what the British proposal would be, has already been mentioned, and carries the line in so many words down the Canal de Ilaro. 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, perha]>s, than any other member with the gco- graphy of the region in dispute. His construction, therefore, of the treaty, at tlie very time it was before the Senate for ratification, is entitled to no inconsiderable weight. On that occasion he said : ' The first article is in the very words which I myself would have used, .... and that article constitutes the treaty. With me it is the treaty The great question was that of boundary Wheti the line reaches the channel which separates Vancouver's Island from the continent .... it p'oceeds to the middle of the chamiel, and thence turning south through the Chaimel de ITaro (wrongly written Arro in the maps) to the Straits of Fuca.' Mr. Buchanan, who signed the treaty, was equally cxi)licit in his understanding of this part of it. In a letter to ^Ir. McLane, dated the Gth of June, 1840 (the very day on which the treaty was presented by Mr. Pakenham to Mr. Buchanan), a copy of which is now before me, ho expressly mentions the Canal de Ilaro as the channel intended by the treaty ; and subsecpuMitly, on the 28th of December, 1846, Mr. Bancroft having written to him on the subject from London, he enclosed to him a traced copy of Wilkes's chart of the Straits of Arro, and added in his letter: 'It is not probable, however, that any claim of this character .vill be seriously pr«>ferred by Her Hritaimic Majesty's (Jovermnent to any island lying to the eastward of the Canal de Arro, as marked in Ca})tain Wilkes's map of the Oregon Territory.' JMr. Bancioft, who was a member of President Polk's Cabinet when the treaty was concluded, wrote re- peatedly to Lord Puhnerston after receiving this chart, and 372 SAN JUAN WATER BOUNDAUY. iv uniformly described the Straits of Arro ' as tho cimnnel through tlie middle of which the boundary is to be continued.' Ifo seems at one period to have been informed that the Hudson's Bay Company wore inclined to encroach upon the islands east of the llaro Channel, and to claim them under the treaty, but he did not rely fully upon this informiition, and ' (he iMinistry,' he said, ' has, 1 believe, no such design. Some of its members would be the first to frown on it,' The Canal de Ilaro, then, as being the best channel leading from the point of deflection to the Straits of Fuca ; as answering com- pletely the purpose for which the dellection was made ; as being the only chaimel between the island and the vnaiidaud which does answer this purpose, and as being sup[)orted, also, by a large amount of personal testimony contemporaneous with the treaty, umst fairly be regarded, in my judgment, as the treaty channel. Nor are there any important dilllculties which seem to me to be necessarily in conflict with this con- clusion. Lord John Russell, indeed, says that it is beyond dispute that the intentions of the British (Jovermnent were that tho lino of bouiidary should be drawn through Van- couver's Channel. But this assumption is wholly inconsistent, not oidy with tho treaty itsidf, but with the statements both of the Earl of Aberdeen and of Sir Richard rakonhani. Lord Aberdeen declares that it was the intention of the treaty to adopt the «//(/ rhanuel of the straits as the line of demarca- tion, without reference to islands, the position of which, and ii.deed the very existence of which, had hardly at that time been accurately ascertained ; ' and he has no recollection of any mention having been made din-ing the discussion of any other chainiel than those doscribed in the treaty itself.' Sir Richard I'akonhani is still more explicit. ' Noitlier tho Canal i\v llaro nor the Channel of Vancouver,' Ik; savs, 'could, as 1 conceive, exactly tullil the conditions of the treaty which, according to their literal tenor, would re(piire the lino to bo traced alottg tlie middle of the chantu'l, nu'aning, I pnvsumo, the whole intervening ":j)ace which separates tho continent from Vancouver's Island.' lie adds further, that he ilh of Loril iity to laivii- and tiino )ii of any Si'r tlio savs, ivaty lino SAN JUAN WATER BOUNDARY. 373 has no recollection whatever that any otlior channel was desig- nated in the discussions than that described in the language of the treaty. Surely there is nothing in this testimony which supports the statement of Lord John RnssoU, that the Channel of Vancouver was the channel intended by the treaty ; but, on the contrary, another and entirely different chainu'l is suggested as that which the convention recpiires. After tliese statements of Lord Aberdeen and Sir Richard Pakeiiliani, the Rosaiio Channel can no longer, it seems to me, be placed in com- petition with the Canal de llaro. Whether the latter is the true chainiel or not in the opinion of the Ihitish negotiation, it is quite certain, by the concurrent testimony of both the American and IJritisli negotiators, that the former channel is not. Li respect, moreover, to the Canal de llaro, the other considerations to which I have referred appear to me to (piite outweigh the tnere want of recollection of Lord Aberdeen and Sir Richard Pukenham, or their general impression at this time as to what is re(piired by the literal language of the treaty, in this coimection there is one allusion in Sir Ricliaril Pakeuham's memorandum to which I think it right to call your special attention. It is the reference which he .aakes to his final instructions from Lord Aberdeen, dateil May 18th, 184G, and describing the boundary line which he was autho- rised to pro[)ose to Mr. Ruchanau. These instructions were shown by Lord Napier to Mr. Cam|)l)ell, and, according to his clear recollection, the description (piofed by Sir Richard Pakenham was followed in the despatch by these words: ' Thus giving to CJreat Rritain the wliole of Vancouver's Island and its harbours.' This places beyond controversy the object which was intended by dellecting the treaty boundary soutii of the parallel of 41)"^, and ought to have great weight, un- doubtedly, in determiuiug the true channel from the [)oint of dellection to the Stniits of Fuca. " During the discussion of the subject by the Joint Com- missioners, some critical objections, 1 am aware, were made by Captain Prevost to the adoption of the ('anal de llaro as the treaty chainiel; but these were so fully answered by Mr. >*' 5i:! : 1 374 SAN JUAN WATER BOUNDARY. \r f.'*:-'i : I r: I! il 1: Campbell, whose whole argument, indeed, is marked both by ability and research, that I do not think it necessary now to review them. One of them, which distinguished between the separation of the continent from the island and that of the island from the continent, has been set at rest by the testi- mony of the British negotiators, in favour of a middle channel of the straits, and in exclusion of the channel nearest to the continent. Even were this otherwise, I confess my inability to attach importance to the distinction upon which Captain Prevost thought it his duty to dwell at some length. Wiiere a separation of two objects from each other is to be described, it seems to me quite immaterial which of them is placed Hrst in the words of the description. " Another of these objections, which were discussed by the Conmiissionors, has been thought worthy of a place in the despjitch of Lord John Russell. ' If the boundary line,' his lordship contends, * had been intended to jiass through the Haro Channel, the treaty must have been otherwise worded. The Ilaro Channel could not have been regarded or described as a portion of the channel commencing with the Gulf of Georgia, for it is neither the channel discovered by Van- couver, nor is it in regard to its general configuration a con- tinuation in a southerly direction of the Gulf of Georgia.' It is a sulLcient answer to this objection that there is nothing said in the treaty either of the Gulf of Georgia or of the Straits of Vancouver, and that the objection, therefore, assumes the whole (piestion in dispute. Undoubtedly there were many inaccuracies upon the maps of that region which existed in 1840, but since the very map of Vancouver — which his lordship claims was the only map then before the British negotiators — described the whole space between Van- couver's Island and the continent as a part of the entire body of water which he calls the Gulf of Georgia, I do not see why the Canal de Haro is not just as much a continuation of that gulf as the Straits of Rosario ; and if either of the channels in this space is to bo excluded from a participation in the gidf, It would be quite extraordinary that the broadest and best of I SAX JUAN WATKR BOUNDARY. 375 them slioiild l)e the oiu selected for tliis exclusion. Equally extraordinary is it tlmt the Canal de Ilaro should be regarded as not running in a southerly direction to the Straits of Fuca, because it sometimes inclines to the west, while no such objection is thought to apply to the Channel of llosario, although this channel inclines for a long distance to the east, and cannot pro[)erly be said to (low into the Straits of Fuca at all. The truth is that the word ' southerly' was used in no such restricted sense as that contemplated by this objection, but only to designate the general direction from the point of deflection on the line of fortv-nine to the ocean. The Ian- guage is, ' Through the middle of said channel and of Fuca's Straits to the ocean.' That the term * southerly,' moreover, Wcis not (loenu'd inapplicable to the Canal de Ilaro by those who assisted in giving ellbct to the treaty, is (juite evident from the language already quoted from Colonel Benton, who describes the treaty lino as ' turning south, through the Channel de Ilaro, to the Straits of Fuca.' " ' This channel, however,' it is said by his lordship, ' was not at that time known (at all events, by Her Majesty's Government) to bo navigable for shipping, but, on the contrary, it was supposed to be a dangerous, if not an nnnavigable strait.' At this statement of his lordship I can only express my great surprise, because this channel had been discovered as early as 17i)8, was di.>tinctly marked on every considerable chart of that region which existed in 184t!, had been formally examined by Captain \Vilkes in his Exploring Expedition, and had been particularly described by De Mofras as the easiiv-t channel between Vancouver's Island and the continent. I am at a loss to understand, moreover, for what purpose this erroneous opinion, whicii is said to have been entertained by Her Majesty's Governnu'ut, is mentioned by hi:> lordship. If it is intended to be claimed that the Canal de Ilaro was set asi) — " Forcij^n OIFice, Decoinber IG, 1859. "My Loud, — Mr. Dallas coimnunlcated to me on tlio 12tli ultimo tlie despatch from General Cass, of which I enclose a copy, in reply to the comnninication which, by my despatch No. 42, of the 24th of August, you were directed to make to the (Jovernment of the United States, on the subject of the water boundary between Her Majesty's |nv,- sessions and those of the Uniteil States, under the treury of 184G. "Although Iler Majesty's Ciovennnent cannot co'" ar in the conclusions at which (reni'ral Cass has arrived, thoy receive with satisfactio!) tiio assurance that the (lovernuient of lu' United States reciprocate their desire that this (jucstion ni;iy be discussed between the two Governments in a tVi(Midly spirit. " My instruction of the 24th of August, as your lordshi}) is aware, was sent oil" from this country manv days before the intelligence of General Harney's proceedings had reached lUn' Majesty's Government ; the proi)osal, therefore, which it con- tained was not made, as General Cass seems to think, in view of the seizure of San Juan by United States troops. So far was this from being the case that 1 caiuiut lu^lp saying that if that instruction had not been already on its way to Wasiiing- tou wiien the news of General Harney's aggression becanie known in this country, it would have been impossible for Her Majesty's Government to have acted U[)()n their intention to propose a frieiully compromise of the ([ueslion in dispute, until they had learned that General Harney's proceedings had not been approved, and that matters had l)een restored toilieir foru.er footing, *' My despatch, however, was already, ca* shortly afterwjirds, in your lordship's hands, and, under the circumstances, you acted judiciously in at once conununicating its conlents t'> the (') American Stiito Papers, p. :.'12. 'iir. ■' • ■ ; 1 ■^ -Vi M I 382 SAN JUAN WATER BOUNDARY. ^f ?vrf m'< .V, m-j ,'.1. ■■;»■■■■■. [•■^W*^ I* ';.■: Hi: 1 1 United States Gove nment. On the other hand, the explana- tions which that Government has since given, and the instruc- tions furnished to General Scott, have relieved Her Majesty's Government from all further difficulty as to pursuing this negotiation. " I have already, in my despatch No. 114, of the 29th ultinio, instructed you to explain to the United States Govern- ment the sense in which I had stated ' that no settlement of the question will be accepted by Her Majesty's Govcrmnent which does not provide for the island of San Juan being reserved to the British Crown.' " Your lordship is aware that the question in disjmte was not restricted to the island of San Juan only. The Couunis- sioners, indeed, seem to have been agreed as to the general direction which the boundary line, running westwards from the continent, should follow on reaching the centre of the Gulf of (ieorgia ; but as to the particular course whicli it should take in order to arrive at the Straits of Fuca, the divergence of opinion was extreme. Captain Prevost considered that the line siiould be continued down the Rosario Strait. jNIr. Campbell held that it should be run through the Ilaro Channel. The contest was not, therefore, a contest for the island of San Juan only, but it also eml)raced the important islands of Lopez and Orcas, and the cluster of smaller islands in their innne- diate neighl)ourhood. In short, the area in dispute was the whole archipelago lying between Rosario Strait and the Ilaro Channel. "In poiiiting out, therefore, to your lordship that in whatever manner the question was ultimately settled. Her Majesty's Governn\ent could not yield the island of San Juan, Iler Majesty's Government were, by implication, abandoning a large part of the territory they had claimed, and were merely insisting on the retention of an island, which, from the pecu- liarity of its situation, it was impossible for Her Majesty's Government to ceele without compromising interests of the gravest in\portance. " The Government of the United States further takes i : SAN JUAN WATER BOUNDARY. 383 •5 toniiig iiorely pecu- esty's )f the takes exception to the tenor of the instructions given to the British Commissioner, as limiting the free exercise of his judgment in regard to the island of San Juan. " Her Majesty's Government cannot admit that a Govern- ment is precluded from laying down rules for the guidance of its Commissioner, or frcmi restricting his discretionary power, within certain bounds ; but the fact is, tliat, by the instructions with which Captain Provost was furnished, he was authorised, in case he should be of opinion that the claims of Her Majesty's Government to consider the Itosario Strait as the chatuiol of the treaty could not be sustained, to adopt any other inter- mediate channel on which he and the United States Conmiis- sioner might agree. " The Government of the United States animadverts on the contingency of a disagreement between the Commissioners having been contemplated by those instructions, and alludes to Captain Provost having been authorised to pro[)oso the very comproiniso which you were instructed, by my despatch No. 42, of the 24th of August, to offer. " But it surely is not unreasonable in entering into a nego- tiation to contemplate the possibility of faihu'o, and to provide for such a contingency by directing, in that case, a com|)roniise to be proposed ; and it appears to Her Majesty's (iovennuont tiiat no other inference can fairly be drawn from this circum- stance, than that the British Government were always rearee of latitude, from its present termiims, will be continued across the continent to the waters known as the Gulf of Georgia, and be the line of demarcation ot the continent between Great Britain and the United States. " ' The next question on which the (Jovcrnments of the two countries will have to decide will be as to the islands abutting on and in the Gulf of Georgia — viz., one, Vancouver Island, interst'Cted by the parallel of 49^, and others which are wholly on the south of that parallel. With resj)ect to the former, 1 think, upon the principle of mutual convenience (and which I think should form the foundation of the treaty), Great Britain is entitled to the iiarbour on i^s aonth-ea^t end, being the ou/y good on , 'ose in Buget Sound l)eing given u[) to the L'nited States ; that with respect to the other islands, tiie water demarcaUon line should be from the centre of the water in the Gulf of Georgia in the forty-ninth degree along the line coloured red, as navigable in the chart made by Vancouver, till it reaches a line drawn through the centre of the Straits of iJuan de Fuca. The only objection to this is giving to the United Stales tiie valuable island of Whidbey ; but I do not see how this can bo avoided in an amicable adju'^tment.' / -2 « u1 *?' -nil i ri i ii' ' IH $ '.t V Si f- , i' ! ) ') 'f , \- i t « 1 t 388 SAN JUAN WATER BOUNDARY. 'f/L ''* No inference can be fairly drawn from Lord Aberdeen's silence on the subject of the islands of the archipelago than that allusion was made only to the broad geograpiiical features, the mention of which was suffered to be sufficient for the matter under discussion. '* It is to be observed, moreover, that Lord Aberdeen was fully alive to the importance of securing access to the British possessions, and that he declined accordingly to accept a boundary ' which would exclude us from every commodious and accessible harbour on the coast, and which would deprive us of our long established means of water communication with the interior,' stipulations which the Jiritish Government felt that it was entitled to insist upon, in consideration of the vast extent of territory, including the valley of the Columbia, and a valuable sea-coast, which it was propured to surrender to the United States, in order to arrive at an amicable adjustment of the question in dispute between the two countries. " Having, I trust, sufficiently sliowu the intentions of the British Gioverninent as regards the water boundary when they made the proposal which was ado{)ted in the treaty, I shall advert to Mr. Orampton's report of what passed between him and Mr. Buchanan, in January, 1848, as showing, first, that the Government of the United States has long been aware that its claim to the Ilaro Channel as the boundary of the treaty was not admitted by Jler Majesty's GoveriiTnent ; and, secondly, that the Secretary of State of the United States, who signed the treaty of 184G, did not at that time contend that the treaty gave to Great Britain anything more than Vancouver's Island. " Mr. Crarapton on that occasion had stated to Mr. Bu- chanan the reason which induced the Ihntish Government to maintain that the Rosario Strait was the channel s[)oken of in the treaty, and he accordingly suggested that the instructions to the Commissioners to be appointed for maridng out the boundary, should be drawn up on the assumption that the lino was to be run down that strait. " Mr. Crampton reported that Mr. Buchanan, 'speaking of the word " channel'' as employed in the convention of 1840, SAX JIAN WATF.R BOUNDAIIY, 3^0 rccaty and. Bu- nt to oi in itions the line ng of observed that he himself, and he presumed Mr. Pakenhatn, in negotiating and signing that convention, had always conceived "channel'' to mean the main navigable channel wherever situated.' " After some further remarks, Mr. Buchanan suggested that the point shouhl be left for decision by the Commissioners. " If Mr. Buchanan was of opinion that the channel spoken of in the treaty was the ' main navigable chaiuiel ' wherever situafei''.:\'ii; continuation of the broad space of water called at the present day the Gulf of Georgia, whereas the Canal de Ilaro was looked upon as an independent channel. The names ' Gulf of Georgia' and ' Canal de Rosario' are, indeed, regarded by some writers as sy lonymous terms. De Mofras, who lias been quoted by (Jeneral Cass as speaking of the Canal de Ilaro as ' le passage le plus facile,' adds later on, ' dans cette partie ' (that is to say at the fiftieth parallel) ' le bras qui separe le continent de I'ile de Quadra et Vancouver acqtiiort une largeur de quatre a sept lieues. Les Mspagnols Vappelereiit Can c.l del Rosario ; mats Van- rouver eut sain de changer ce nam en relni de Gaffe de Georgie.'' " Again Greenhow, who cannot be suspected of any leaning towards the British claim, unconsciously gave strong testimony in favour of that claim. When speaking of the meeting of the British and Spanish exploring vessels in 1702, in the middle of the gulf, and of their having agreed to unite their labours, he says : ' During this time they surveyed the shores of the great gulf abo\o mentioned, called by the Spanish " Canal del Rosario," and by the English the Oulf of Georgia, which ex- tended north-ioest ward as far as the fiftieth degree of latitude.^ " But General Cass observes that the Gulf of Georgia is not mentioned in the treaty. This is no doubt true ; but Tjord Aberdeen, in the despatch which accompanied the draught of treaty, instructed Mr. Pakenham to propose that the line should be run down the centre of the Gulf of Georgia, called by him ' King George's Sound ; ' and as I have already shown that the terms ' Gulf of Georgia,' and ' Canal de Ro- sario,' have been indifferently applied to one and the same channel, a clear indication is aHorded by Lord Aberdeen's de3[)atch of the direction which he intended that the boundary line should take. " At all events we may appeal to Lord Aberdeen's despatch as giving a more satisfactory and complete key to the meaning of the term * channel,' spoken of in the treaty, than the despatch of Mr. McLane, which refers to ' Birch's Bay,' and the ' Canal de Arro,' neither of which is mentioned in the treaty any more than the Gulf of Georgia. im SAN JUAN WATER BOUNDARY. 391 i Ro- " Mr. McLane's despatch shows what he thought Lord Aberdeen would probably instruct Mr. Pakenham to propose; Lord Aberdeen's despatch proves what lie actually did instruct Mr. Pakenham to propose. " General Cass refers, moreover, to Sir R. Pakenham's memorandum as evidence against the British claim ; but your lordsliip will observe that Sir R. Pakenham's object in that paper was not so much to enter upon the question as to what were the intentions of the negotiators of the treaty, as to offer an opinion as to how far, with the information since acquired by the two Governments, the boundary line could, according to the literal words of the treaty, be carried down either the Canal de Ilaro, or the channel of Vancouver. " Sir R. Pakenham seems to thiidi that the conditions of the treaty wouldobtain their most exact fulfilment if the line were c;.rried through the Douglas Channel. According to General Cass, Sir R. Pakenham adds that he has no recollec- tion whatever that any other channel was designated in the discussion than that described in the language of the treaty. " I must beg leave, however, to correct General Cass upon this point. What Sir R. Pakenham adds is, that the treaty was signed and ratified ' without any intimation to us whatever, on the part of the United States Government, as to the parti- cular direction to be given to the line of boundary contemplated by article first of the treaty.' " These observations suffice to show that the arguments which General Cass has drawn from the supposed intentions of the negotiators of the treaty, can be met by argument"* of at least equal weight on our sitlo ; but, however we may be dis- posed to rely on the instructions of Lord Aberdeen and the letter of Sir John Pelly, and the United States on the state- ments of Mr. McLane and ^Ir. Ronton, it must be confessed on both sides that the interpretation of one party, without the expressed assent of the other, goes but very liltle way to remove tiie difficulty. " Had Lord Aberdeen and Sir John Pelly obtained the consent of the United States Government to their views in ii 41 if i h li J mr 3<)2 SAN JUAN WATKR BOUNDARY. m i i .11 . it** favour of the channel marked as navigable by Vancouver, or had Mr. jMcLane and Mr. Senator Benton obtained the assent of Lord Aberdeen and Mr. Pakenham to their opinion that llaro's Strait was tlie channel intended by the treaty, such agreement would have been conclusive. But separate inter- pretations, not communicated to the other party to a treaty, cannot be taken as decisive in a disputed question. " We are forced, therefore, to recur to the words of the treaty, and Her Majesty's Government are ready to disavow any intention of ' abandoning the treaty line for a line purely arbitrary.' " ' The tre;»ty provides,' General Cass truly says, ' that the boundary line shall be continued along the said forty-ninth parallel of north latitude to the middle of the channel which separates the continent from Vancouver's Island.' Let us stop here ; we have here something fixed, namely, a point on the forty-ninth parallel of latitude, and half way between the continent and Vancouver's Island. The article proceeds, ' and thence southerly through the middle of said channel.' Here the meaning of the negotiators appeava clear ; the boun- dary line is to go * through the middle of the said channel.' " If the whole space between the continent and Van- couver's Island had been occupied by water, there can be no doubt that the words ' middle of the said channel ' would have been interpreted to mean drawing the line .along the middle of the channel. When you say along the middle of the road, you do not mean one side of the road. When you say along the middle of the street, you do not mean one side of the street. " But it happens that the channel is not an uninterrupted space of water, but is intersected by various islands ; hence the contested interpretation — one side contending for Haro's Channel, and the other for Vancouver's or the Rosario Channel. " I need not refer further to the argument by which each nation has supported its views. But shall we not approach nearer to the spirit of the treaty, if, as Sir R. Pakenham m- iVRt', SAiN JIAN WATKR BOUNDARY. 39:5 m suggests, we draw a line equidistant from the continent and Vancouver's Island, and prolong it till we reach ' Fuca's Straits and the Pacific Ocean,' words which complete the description of the boundary ? " Or, again, if it would be inconvenient to both nations to have live or six islands partially divided between them, would it not be fair and expedient to look for a channel which shall be the nearest approximation to that line, midway between the continent and the island of Vancouver, whicli is designated by the treaty ? And if Douglas's Channel fulfils this con- dition, is it not the line most in accordance with the treaty, as well as with general policy and convenience ? " In treaties by which a water or river boundary is esta- blished between two states — as, for instance, in the treaty between Great Britain and the United States of 1783 — the dividing line is usually run along the mid-channel or ' Thalweg,' leaving to one state or the other any island which may be in the channel, according as these islands lie on the one side or on the other of the dividing boundary, but seldom if ever mentioning such islands. The same principle may be applied to the treaty of 184G. The treaty continues the dividing line of the forty-ninth parallel to a point in the water halfway between the mainland and Vancouver's Island, and it says, in effect, that the boundary line shall bo continued southward, along the middle of that channel — that is to say, along the middle of the space which lies between the continent and Vancoikver's Island — till it reaches the Straits of Fuca. " General Cass indeed observes, that the wav seU cted should be ' the shortest and the best way ; ' that the Canal de Haro is ' the broadest, the deepest, and the shortest route' by which the Straits of Fuca can be reached from the point of deflection. But the treaty says nothing of the ' best ' way, nor of the ' broadest,' nor of the * deepest,' nor of the ' shortest ' route. The reason is obvious. The object was not to enable vessels to reach the Pacific Ocean by the shortest route — that object is provided for by the other part of the article, which provides thut the navigation of the whole of the M U 11', ^ '. I i- )^ 1 V' 1 > 'I it I ''n I '", R r m 0\ ^ 394 SAN JUAN WATER BOUNDARY. said channel and straits south of the forty-ninth parallel of north latitude sliall remain free and open to both parties. The object in tracing the boundary was to give each country an equal share of the channel whicli ran between their posses- sions, and therefore the line was directed to be drawn midway and ' through the middle of the channel.' " In this case it is General Cass who deserts the line of tiie treaty for an * arbitrary line,' and that arbitrary line selected for no reason found in t!ie treaty, deduced from the treaty, or applicable to the treaty. " If I notice General Cass's allusion to the letters which he says Mr. Bancroft repeatedly wrote to Lord Palnierston in 1848, it is only for the purpose of placing on record what, no doubt, Mr, Bancroft duly reported to his Govenmient at the time — viz., that Lord Pahnerston gave Mr. Bancroft distinctly to understand tliat tlie British Government did not acquiesce in the pretensions of the United States that the boundary line should be run down the Haro Channel. But it is remarkable that it was in tliat very year, 1848, that the United Stiites Senate gave orders for printing twenty thousand copies of Fremont's map, which, as well as the map prepared by the Surveyor-General of the State of Oregon, in October, 1852, carries the boundary line through the liosario Strait. This is a circumstance of the greatest importance in determining the meaning of the treaty. General Cass has taken this occasion to assert that the whole concession of territory under the treaty of Washington, of the 9th of August, 1842, was made by the United States, anl ho has thought to bring a charge against the British Government in connection with that treaty. " I am convinced it is best, on all accounts, that I should not follow General Cass in his endeavour to reopen that ques- tion. What Great Britain gave up by the treaty of 1842, for the sake of peace, is so well known, that any renewed contro- versy on the subject would be out of place. Her Majesty's Govorument have been animated by a like spirit in the course the) have pursued with regard to the present question ; and if they huve maintained the claim of Great Britain to the pos- SAN JUAN WATER BOUNDARY. 395 session of San Juan, they liave done so because they are con- vinced tlint the title of the Britisli crown to that island is sound, and because the possession of the island by (Jreat Britain is necessary to secure a safe passage to the British possessions on the mainland. " General Cass says that no Governuient would be more likely than the Government of the United States to do justice to the {igreenient of mutual convenience, but he says he knows of nothing which brings the ca^e of San Juan properly within that rule. The examination of tlie map, however, at once proves that this rule is peculiarly a^jplicable to tlie present case. " There are now shown to be two considerable channels, the Canal de ILiro on the one i-ide, which parses close to the British territory of Vancouver's Island, and the Rosario Channel on the other, which passes equally near to the American possessions on the mainland. If the posses oion of San Juan would give to Great Britain the command of the Ilaro Chami 1, the possession of tlie adjoining islands of Orcas and Loj)cz would equally give to the United States the com- mand of the Bosario Chaimel, so that each country would command a safe highway to its possessions, free from all inter- ference on the part of the other country. "It is obvious that this would not be the case if San Juan was in the possession of the United States, who would thou hold the command of both channels. " San Juan is, therefore, a defen-ive position if in the hands of Great Britain ; it is an aggressive position if in the hands of the United States. The United States may fairly be called upon to renounce aggression ; but Great Britain can hardly be expected to abandon defonce. " I have thus endeavoured to meet the argument of General Cass in a spirit, I trust, of cahn deliberation, such as befits two Governments who are sincerely desirous of arriving at a just solution of a question at issue between them. Her Majesty's Government recognise and appreciate the good faith and the regard for peaceful relations which have dictated the instruc- tions to General Scott, and relying on the friendly feelings of ;4 ]1 if hi il H >* J' i;': ]'■■ I. 1 ., 31)0 SAN JIAN WATKK HOUNDAKY. ^a '11 ^ the Ainorlcaii people, and on the earnest desires for peace which have been so often expressed by those in jjower in tlie United States, Her Majesty's (Jovernnient will n(.L permit themselves to tliiiik that that (lovernmeiit will decline the con- ciliatory oiler of the JJritish (jovernment w! ich your lordship is hereby instructed to repeat. " You will, without loss of time, read this despatch to General Cass, and leave with him a copy ol it. " I am, &c. &c,, " J. RussiiLL '' Lord Lyons." To this Mr. Cass iv|)!ied in the I'ol lowing- conmui- nication to Mr. Dallas :(^) — " Department of State, "Washington, February 4, 18(10. " Sir, — You have al.eady received a copy of Lord John ilussell's note to Lord Lyons, dated December Ui, in reference to the San Juan controversy, and I nov, enclose a co[)y of a previous note to Lord Lyons, dated November 21), wliich, I think, has not been transnntted to yt)n. " From this latter note, and especially from the conversa- tion of Lord Lyons at the time it was leit with \iu\ I had little ell — that of December U) — instead of containing any withdrawal of the objectionable declaration referred to, dis- tinctly reallirms it, while the only explanation olVered is, that inasmuch as the island is important to (.Jreat IJrilain, therefore Ureat Britain means never to coneeile it. Since the abandon- (') Aiuor'u'ini Stato I'iiihts, p. -30. I ■/ PAN .rr.W WATF.R BOUNDARY. 807 llil- 1 •us- I'ily in liny is- lat ore l)U- niont of Ilor Majesty's (JoviM'nmont of the Itosario (jhaiinel as the channel intended by the treaty, and the intimation now inadc by Lord Jolni Uussell that the Donglas Chainiel ' is t!ie lino most in accordance with the treaty, as well as with f^cneral policy and convenience,' the island of San .Inan m;iy fairly be regarded as the only subject now in controversy under the terms of that convention. To declare, therefore, that in no event will this island be conceded to the I'nited States, is, in ellect, to close the discussion ; because, as I stated in my note of October 20, this Goverinneut cai\not permit ilsi«lf to nego- tiate with (ireat Hritain, or any other (ioveriuni'ut, except upon terms of perfect ecpiality, and tlu're is surely no e(piality in a discussion where the claim of the one parly is (wcluded in advance, and the oidy adjustment possible is tliat claimed by the opposite party. It", therefore, I decline, under existinj^ circiunstanccs, to pursue the discussion of the sul)ject in (pies- tion, and to present these considerations in re|)ly to Lord -lohn HusselPs n(»te, with which otherwise 1 should be <;la(l to meet some of his lordship's suu,!j;estions, this is not from any reh.vl- ance lo deal fairly with the issues presented, and still U'ss from any want of friendly disposition towards (Jreat Urilain, but oidy because no other course would be consistent, in the opinion of the President, with that just respect which the (iovornment owes to its own dignity and character, llcr Majesty's Govern- ment, I thinl\, aill fully appri'ciate this a.u.val, if it will con- sider what would be flie course of Great Jh'itain were the positions of the two (JovernuHMits riverbed, and were the I nited States to assert, in the very threshold of a discussion, that what- ever mi^'it be the course of the ar;.';innent or the con;, ([uences of the determination, it would in^ver yield to (ireat IJritain tlu' subject in dispute. Surireat value of the island to Great IJritain, and its inferior im[)ortance to the :, ti 1? .<•: K 398 SAN JUAN WATER BOUNDARY. H-". '.V- •, '■•/■•^' ; » h.. i :;h>S^*' I ■I United States ; but even if his lordship's views in respect to this comparative value of the island were correct, I do not see how they can have any proper influence upon tiie decision of the question. That question is a question of title under the treaty of 1846. If the island belongs to Great Britain, she is entitled to hold it whether it is valuable or not; and if it belongs to the United Sttites, this Government is entitled to its possession, even although it should be conceded to be of superior value to Great Britain. I am far from admitting, however, the justice of his lordship's views concerning the great importance of the island to Great Britain, either for 'aggressive' or ' defensive' purposes. If I felt myself at liberty to pursue the discussion, it would be easy to show t!iat Lord Jolin llusseil has greatly overrated its military value. From the best in- formation which I can obtain, it does not, as his lordship inti- mates, command the Canal de Haro. The surveys of that region show that the narrowest part of this water communication is about seven miles wide, while the general width is still greater. The shores on each side are bold and the water deep — in some places more tiian one hundred fathoms — so that vessels may sail within a short distance of the land along its whole extent. No lortilication erected upon the co; A of this canal can ever control its navigation ; and therefore the great reason upon which Lord John iiussell relics to justify the pre- liminary declaration to which i have adverted, seems to be grounded wholly upon a misconception of fact. " There are other misconceptions in the note of his lord- ship, of which, under other circumstances, I should be glad to sufigest the necessary corrections. His lordship, for example, attaches 'the greatest importance' to the order of tlu Senate in 1848 lor printing twenty thousand co{)ies of Frcnnont's map of Oregon and California, on which there appears to be a lii>o of demarcation iiinning down the Straits of Uosario, which his lonlthip appears to think shows conclusively the judgment of the Senate at that time as to the true water boundary. This error of his lordship arises from an entire misapprehension of the practice of the Congress of the United States in ordering M SAN JUAN WATER BOUNDARY. 391) lord- iid to iin[>lo, s map ii liiio ;1) his lit of This ;ioM ot" (IcM'ing the printing ot" public documents. These documents are printed, for the most part, not only without any endorsement of their contents by either the House or the Senate, but generally also without any detailed examination of them, and when they come from a public olficer, or are prepared in pursuance of a previous resolve, almost as a matter of course. Nothing can be more incorrect, therefore, than to suppose that the order of the Senate to print the map referred to implies any opinion whatever of that body in favour of its accuracy. " But I am prevented from pursuing these considerations because, as 1 have already stated, the discussion has been practically foreclosed by the declaration of Lord John Russell, that it can, under no circumstances, atVect the British claim. The President readily concedes the sincerity with which Jler Majesty's Government maintains this claim, but the convictions of the Government of the United States in favour of its own title to the island of San Juan are entitled, surely, to equal respect, and he cannot permit this ditlerence of opinion be- tween the two Governments to be determined by one of them, or consent th.at what he regards as the just rights of the United States shall be yielded to any assertion of title by another power, no matter how peremptorily made or earnestly piTsisted in. Since, therefore. Lord John Kussell repeats with great frankness his original declaration, that ' no settlement of the question will be accepted by Her Majesty's CJovermnent which does not provide for the island of San Juan being reserved to the British Crown,' 1 am directed by the President to state with equal frankness that the United States will, under all circumstances, maintain their right to the island in controversy until the (juestion oi litli! to it shall be determined by some amicable arrangement between the parties. " You will read this despatch to Lord John liussell, and leave with him a copy of it. " I am, sir, respectfully, your obedient servant, ** Lewis Cass. '1? ^ i ■f (I 1 f~ (( George M. Dallas, Esq., kc. kc, <^o." JT 400 SAN JUAN WATER BOUNDARY. Lord Russell replied as follows mm ■ .^•'»' m It'**.' ' ' , • " Foreign Office, March 9, 1860. " My Lord, — I enclose a copy of a note from General ('ass respecting the question of San Juan, communicated to me by Mr. Dallas, on the 2nd instant. " It seems that the Government of the United States con- tinues to take exception to the declaration contained in my ther valuable or not ; and if it belongs to the United States, the Uniterl State<« (lovcrnment is entitled to its possession, even althougl: .' should be conceded to be of superior value to Great Britain.' " But Iler Majesty's (lovernment maintain that the island of San Juan does not belong to the United States. *' Your lordship will recollect that our proposal to make a compromise was declared to be without prejudice to oin* own claim to the Uosario Clmtniel if that compromise were rejected. SAN JUAN WATER BOUNDAKV. 401 ' Her Majesty's Government maintain that either the Canal de Kosario or the Douglas Channel might be lield to be the boundary contemplated by the treaty, but that the Canal de Haro neither fulfils the intentions of the British negotiators of the treaty, nor is consistent with the words of the treaty itself. "Having given this further explanation. Her Majesty's Government trust that my despatch, No. 128, of the 16th December, will be answered, or its conclusions admitted by tlie Government of the United States. "You will read this despatch to General Cass, and leave with hini a copy of it. "lam, &c., c^c, '«j. Russell. " Lord Lyons, kc, &c., &c." The convspondence closed Avitli the followiii... letter irom Mr. Cass to iMr. Uullus, and the next coiimumi- cation is tlie one already noticed from Lord Lyons to ^Ir. Cass,(i) in wliidi lie calls attention to the in- structions issued by General Harney on the P>th of April, 18G0:(~) — " Department of State, "Washington, April 23, 1800. " Sir,— I enclose a copy of a note from Lord John Russell on the subject of the San Juan (piestion, which was left with me by Lord Lyons on the 28th ultimo. "Li this note the United States are assured that the decla- ration of Lord John liussell, in his despatch of the 24th of August last, to which the President felt obligi-d to take excep- tion, was not intended to convey the meaning which this Government had attached to it ; m.t that Great Rritain entirely concurs with the United States tlat the question of title to the island ot San Juan is to be determined by the provisions of the treaty, and not by the supposed value of the island, either to one party or the other ; or, in other words, that ' if the island belongs to Great Rritain, she is entitled to hold it, whether valu- (') Ante, p. 354, (-') Auu-rican Statu raporH. ji. 250. A A „' i 4 I 4. i' i I m w^ ' it, t fifei '.?■■ ""■ ' l.l! , .' I':: \ ( 1^' '^ J 402 SAN JUAN WATER BOUNDARY. «■' ■!, -I able or not : and, if it belongs to the United States, the United States Government is entitled to its possession, even although it should be conceded to be of superior value to Great Britain.' The obstacle growing out of the declaration referred to having thus been removed by the frank explanation of Her Majesty's Government, the subject is now free from any other embarrass- ment than that which necessarily belongs to a controverted claim. It is only to be determined whether the Island of San Juan, under the treaty of 1846, belongs to the United States or Great Britain. " In the correspcmdence which has already taken place on this question between the commissioners of the two Govern- ments and the Governments themselves, the argument, on botli sides, has been so i Lilly presented as to leave very little to be added now. I regret, however, that what this Government regards as the controlling consideration which ought to govern the construction of the boundary clause of the treaty does not appear to have engaged that serious attention from Ilor Majesty's Government which its importance is believed to deserve. When it was shown that the parallel of 49*^ was the agreed boundary between the two countries, and that the deflection from it in the channel adjoining Vancouver's Island was for the sole purpose of leaving that island undividec^ to Great Britain, it was confidently hoped that the claim of Her Majesty's Government to still other islands in the channel would be at once and for ever abandoned. If the distinct object of a convention is distinctly understood, and iliere is no repugnance in the language used, it is surely reasonable to expect that it will not be construed by either party so as to accomplish an object entirely dillerent. In this case there can be no reasonable doubt as to the intention of the narties ujion the point referred to. It is not a case where one view was entertained by the American Government and an opposite one by the British Goveniinent, but the whole history of the negotiation, and all the evidence on both sides, lead inevitably to the same conclusion. If any doubt could still exist on this point, after the evidence which has already Ikmmi presented, [ i-i- SAN JUAN WATKR BOLNDARV, 403 at the Island dec to of Ilor clmnnel listinct re 15 no able to ,o as to lere can es upon icw was isite one of the evitably on this :"-■• , ^•^/':V l-fVI-.," tion, E.it Jlor Majoty's Govorninent have not relaxed in thoir desire to close tlic controversy with regard to the com- plete exeeulion of the treaty ; and, in the confident hope of settling the wliole matter in a mainu'r satisfactory and iionour- able to both parties, they have directed nie to lay before yon the proposals which I shall proceed to state in this note. " The two points which have been in discussion are, first, the fullihnent of the o!)liga..ions undertaken by the United States in res[)ect to the Hudson's Hay and Pnget Sound Com panics; ami, secondly, the determination of the 'ine of water boundary intended by the first article of the treaty. With regard to the first point, the President said to nu', in the course of a conversation which I had the honour of holding with him on the 11th July last, that the best and nu)st expe- ditious niode of settling the (piestion would be for the compa- nies to state at once the lowest sum for whiclt they would sell their rights to the United States. Upon receiving from me a re{)ort of this conversation. Lord John Russell, Her Majesty's Principal Secretary of State for Foreign All'airs, sent for the (.)(n'eru()r of the Hudson's IJa' v.\)nn)any and ex[)lained to him what the I'resident lu'.d saiil to me on the subject of the Com- pany's claims. "The (iovcruor informed Lord John Russell, in reply, that if the Company wore called u|)on to fix the amount which they should ask ftu" t!ie extinction of their claims, they should name a sum of six hundred and fifty thousand dollars. He observed that they had been assessed at seven hundred thousand dollars, and that in the United States, as in England, the assessment is always below the real value. The Covernor uddiMl that this sum of six Innidred and fifty thousand dollars would be an assessment on laiul and buildings alone, and would not include any compensation for privileges. "Considering nil the circumstances, Lord John Russell reconnnended the Coujpany to reduce their claim to five hun- dred thousand dollars; and this sum the Company have stated their readiness to accept. *' 1 am, -..•cordingiy, instructed to state to you, sir, that, if m i 1 SAN ,)rAN WATKK HOUNDAUV. 11 [hich lould lie isivnd the :rii()r Dllivrs and lissell luui- Itiitod lilt, if tho Unitetl Statos GovoninuMit will a^Tce to pay the Hudson's JJay and Piii^et Sound Coni[)anies a sum of five hundred thousand dollars in extinction of all tlieir claims against the United States under the treaty of June 15, 184G, Her Majesty's Government will be prepared to "ccept that amount on behalf of the two Coun)anies, and to re ease the United States Go- vernment from all fiu'ther lial ility, so far as regards their engagements to (Jreat Britain under the third and fourth articles of that treaty in beiialf of the Hudson's J3av and Puget Sound Companies in Oregon, wherher on account of lands and buildings, or on account of privileges mentioned in tho aforesaid articles. " In reference to the line of water boundary intended by the treaty, with respect to which Her Majesty's Governnu-nt have been invited by the United States Government to make a proposition for its adjustment, your Lordshi[) will inform General Cass that Her Majesty's Government are glad to reci- procate the friendly si'utiments contained in his note of the 25th of June, and will not hesitate to respond to the invitation which has been made to tliem. " It ap[)ears to Her Majesty's (lovennnent tliat the argu- ment on both sides being nearly exhausted, and neither parly liavmi: succeec led ni pr ()( lucinif conviction in the other, tlu question can only be setthul by arbitration. 4( r\^ Three (questions would arise thereupon : — " 1. What is to bo the subject matter of arbitration ? " 2. Who is to bo the arbiter y " 3. What is to be the result of the decision of the arbiter ^ "With regard to the first [)i)int. Her Majesty's Govern- ment are of opinion that the (piestion or (piestions to be re- ferred should be: What is t!i'' rnie meaning of the words relating to the water boun'l.u'y contained in Article I. of the Treaty of June 15,1840? Or, if the precise line intended camtot bo ascertained, is there any lini' which will fiu'nish an equitable solution of the dillicnlty, and is the nearest approxi- ciin be mat ination that words of the treatv 'i le to .111 accurate construction ol the Iffr lil giB B i;ta8M!S[aiWii'IM»*~l»M-..4.»MJitJU,millU;,UM WB«a 412 SAN JVi^y WATER BOUNDARY. if ¥^ ■&■' , J* I ( < P *' J, i'f ,'^' iv I "In considering these questioni the arbiter might fairly consult all the correspondence on the subject, and weigh the testimony of the British and American negotiator^, of the treaty as to their intentions in framing the article. But he should not de[)art from the true meaning of the article as it stands, if he can deiluce it from the words agreed to by both parties, and consigned in a treaty i-atified by both Governments. " Secondly, Her Majesty's Government are of opinion that a reigning Prince or sovereign State should be the arbiter. Her Majesty's Government propose with this view that the King of the Netherlands, or the King of Sweden and Norway, or the President of the Federal Council of Switzerland, should be invited to be the arbiter. " With regard to the third point. Her Majesty's Govern- ment are desirous that this long controversy should not be again thrown loose for dispute. Tiiey therefore propose that both Governments should V'nd themselt'esto accept the decision of the arbiter, whether he shall give a positive decision or whether hj should declare that he cannot fix the precise mean- ing of thd article in question, but that he has laid down on the chart a line which will furnish an equitable solution of the difficulty, and is the nearest approximation he can make to an accurate construction of the words of the treatv. « " Should these proposals bo accepted, Her Majesty's Governtnent Hatter themselves that an equitable decision may be arrived at, and a long and dangerous controversy terminated in a manner consistent with the honour and the interests of both Goverinnents. " I have the honour to be, kc, " Lyons. " Hon. General Lewis Cass, Secretary of State." On the 3rd of DoccmlHT, l!S()(), Mr. iiiicbaiuin, then President of the United States, referred to the boundary question in his " IVEessage " in tlie following terms : — " The only question of any inqjortanco which still remains SAN JUAN WATER BOUNDARY. 413 roNS. muian, Ito the lowing Kmuiuhs opjn 19 tho disputed title between the two Governtnents to tlie Island of San Juan, in the vicinity of Washington Territory. As till:? question is still under negotiation, it is not deemed ad- visable at the present moment to make any other allusion to the subject." I should notice here tliat this stiiteineut was not quite correct, inasmuch as the compromise oU'ered by the British commissioner on the part of his Govern- ment having been declined by the Unit-"! States, the question between the two Governments was not merely as to the title to the island of Idan Juan, but I., to the position of the boundary line under the treaty of 184(). The Secretary of the Interior (United States) rccof^- nised the fact that the dispute was as to the titl(> to the entire archipelago, in his report of the year lS(i l-.:2, when he stated that the " Surveyor-Cieneral (^Vash- ing'ton Territory) was not authorised to survey the islands between the Straits of Rosario and llaro, upon some of Avliieh settlements by our people have also been niud", particulaily upon the island of San Juan, tile ' u '"■■ .'; of those islands being deferred until the iuteiiLC'! ' r il lines sluiil have been fully determined. "(') On th.- ;..:2tli of April, ISdl, ihc first shol was fired by the Confederates agiiinst " .o Sumte", and the parties of the North and South stood eom.nitted to a great and terrible war, in the face of which all other controversies became of minor inq)ortiMK'e. Giv i; Britain, with her usual magnanimity, did not press Ihi- q is'stion of the boundary upon the (lovern- (') Uiiilol .siali'ti MosmtyoH ami DoL'iiuu'Uts, 1801-2, p. 171. I 9 ismmmmm ■nsmi 414 SAN JUAN WATKR BOUNDARY. Mi !'■ i' 2« t r fey ■:Tr;..-w Nil P- WX:': i'.** rX iRcnt of the United States in her hour of trial, and it remained in abeyance until the year 1808. The boundary commission above mentioned was closed on the 20th of May, 1802, having' been in existence since the 20th of December, 1850. The island remained under the joint occupation of the two Governments, and it appears that Captain Gray was appointed to the command of the United States detachment of '^its The difficulties which aros*^ between that office. 1 the civil authorities of Wash- ington Territory are well described in a humorous despatch from Mr. Brown, Deputy United States Marshal to Mr. Seward, from which the following is an extract : — " United States Marshal's Office, " Tort Townshoml, W.T., September 20, 180(5. " Dear Sir, — Allow me to call your attention to the fact that diflicu'.Wes are on the point of occurring between the niilitary authorities of the United States on San Juan Island and the civil authorities of Washii.^ton Territory. " Captain Gray, of the United States forces, having exer- cised arbitrary power over the citizens, process was issued out of tlie United States district court of the third judicial district of Washington Territory for his arrest; lie refused to be arrested, and the sheriff returned the process to that ellect. When the judge ordered him to sunnnon a posse and bring him, ho was met l)y force, and he returned the process unserved, and the court has now adjourned ; but the judge ordered a capias to issue to the sheritls of the ditferent coun- ties of the th (l judicial district, and to enforce tiie orders and process of the court. Therefore there is a probability of being trouble, unless the Department of State settle the question as to the authority of either the military or civil power over the inland. The citizens claim the protection of the court, and SAN JUAN WATER UOLNUAKY, 415 exor- ?d out isti'ict, to be olVoct. brinjJ! roccss judge coun- s and I being lion as M' tlie It, and Judge Darwin means to enforce civil law upon the island, if it requires all the force of the Territory. Therefore, something should be done immediately by the Department of State, or serious difficulties must arise. "Jai!ED C. Buowx, " Deputy United States Marshal. <' Hon. William II. Seward." Mr. Seward referred the nmttcr to Mr. Stanton, Secretary of War, who referred it to General Grant (now President of the United States) by whom it was passed on to one of his aides-de-camp, General Babcock, who reported thereon as follows -.Q) — • " Head-quarters Armies of the United States, " Washington, D.C., December 6, 180(1. " General, — In compliance with the request of the General - in-chief, I have the honour to submit the following information concerning the difficulty existiig between the civil authorities of Washington Territory and the commanding olficer, Captain Gray, 2nd United States Artillery, of the military \)o>' on San Juan Island, Puget Sound. " I first heard of the troubb at General Steele's head- quarters, Fort Vancouver, Washington Territory, and, as I remember, it was in substance as follows : — A citizen living on the island, owning land lying between the landing and the military post, becoming dis[)leased with the military authority, built a fence across the road leading from the pcjst to the landing. He was notified to renu)ve it, but would not, and continued the trouble until Captain Ciray ejected him from the islana. General Steele did not expect any collision between tlie civil and mditary authorities. I nuiy be mistaken in tiic facts of the case, but I give them as I remember (Jeneral Steele's statement. " Our title to the islaiul is disputed by the English (jovern- ment, ai.'', nccording to the agreenuMit for joint occui)ancy, ('•') Amoricun State J*iipeit», p. li()7. i I 416 SAN JUAN WATER BOUNDARY. M% y until the question of title is settled, each Government is to keep one company of troops on the island, with no artillery. Now if the military is withdrawn, onr title to the island is given up. It therefore seems to me that the military is the superior authority on the islai)d, and should be thus recognised. " I am, General, very truly, your obedient servant, "0. E. Babcock, " Brevet Brigadier-General and Aide-de-camp. " Major-General Rawlins, Chief of Staif." The difficulties in wliicli the United States troops are phiced are further illustrated by the following report from Major-General Halleck, commanding the Military Division of the Pacific : — " San Francisco, California, November 18, 1867. " General, — I beg leave to call the special attention of tlie War Department, and through it tlie Department of State, to the present condition of affairs on San Juan Island, and the other islands which form the De Haro Archipelago, between the Straits of De Ilaro and Bosario. "It is hardly necessaiy lo recapitulate the circumstances which led to the conflicting claims of Great Britain and the United States to this Archipelago ; and the resulting diffi- culties between the authorities of Washington Territory and British Columbia, in which the military on both sides became involved. "These difficulties were temporarily arranged, or supposed to be arranged, by an agreement bi^tween General Scott and Admiral Baynes, in 18oD, for a joint mi/itorij occupation of the disputed territory, thus excluding the civil jurisdiction of both parties. This anomalous arrangement was easily carried into executioji on the part of the British Government, as the civil and military affairs in the colony are under the same head and directed by the same person. But not so with us. General Scott's agreement, although approved by the Executive, had not the sanction of law, and was repudiated by the civil autho- SAN JUAN WATER BOUNDARY. 417 ;auie rv led s the leral had itho- rities of Washington Territory as of no binding force. They therefore continued to claim the right to collect taxes, execute judicial process, &c., in the disputed territory. Moreover, the United States officers of customs claimed the right to enforce our revenue laws on the same islands. Both of these clal.ns may have been lawful, but they were entirely incompatible with the Scott-Baynes arrangement for exclusive military occu- pation ; and to permit them to be carried out would be a virtual abrogation of that agreement, and a renewal of the very conflict of jurisdiction which it was intended to avoid. Hence our military officers, under instructions sanctioned by the War Department, forcibly resisted every attempt of our customs and territorial officers to exercise civil authority on these islands. By this courise they have avoided all difficulties between the two nations in regard to claims of ownership of the disputed territory ; but it has involved them in serious personal difficul- ties. Brevet-Major Graves, Lieutenant Second Regiment of Artillery, has been arrested and put under heavy bonds for resisting the civil jurisdiction of Washington Temtory on San Juan Island, and Captain Gray has been fined five thousand dollars ($5,000) for the same alleged oflFence. Undoubtedly other officers of the command on that island will receive similar treatment as soon as they can be arrested by the civil officers of Washington Territory. " la other words, we have this anomalous condition of affairs on that frontier : — The military officers of the United States are required to prevent the exercise of civil jurisdiction on the disputed islands, while the civil officers of the same Government insist upon its execution, and proceed to punish the former for the very acts which are required of them l)y the War Department. # # # # * " Very respectfully, your obedient servant, "H. W. Halleck, " Major-General. *' Adjutant-General of the Army, " Washington, D.C." B B i: 8? i i.' % 418 SAN JUAX WATER BOUNDARY. li ■■ • 7.k 'J...-'- It will be evident that the Supreme Govemmeiit of the United States, however well intentioned to- wards Great Britain, and however determined to maintain the Scott-Bajnes or Scott-Douglas arrange- ment, will not long be able to preserve the joint military occupation of the island upon its present basis. The civil and military authorities in Victoria, the capital of British Columbia, reside in the British Governor for the time being, hence there is no conflict between the British civil and military authorities on the Island of San Juan, and the task of our officers is comparatively easy. But owing to the anomalous nature of the relations between the Supreme Govern- ment and the states and territories subject to its sway, the United States military authorities upon the island are placed in a most invidious, not to say dangerous position. On the 18th of December, 1867, a resolution of the United States Senate was passed requesting informa- tion in regard to the island of San Juan, in Puget's Sound. (It may be noticed that the island is not situate in, but near Puget's Sound.) Accordingly, a number of papers were collected and printed, containing a vast amount and variety of information upon the sub- ject ; from these papers this work has been mainly com- piled, and they are cited as "American State Papers." They were presented to the Senate of the United States by the President on the JiOth of February, 1808, together with a report from Mr. Seward, Secretary of State. That report was also dated the 20th of Febrinry, 1868, and was as follows: — SAN JUAN WATKR BOrNDARV. 419 not a " Department of State, February 20, 1868. *' The Secretary of State, to whom has been referred the resohition of the Senate of the 18th of December last, request- ing the President to communicate to the Senate, if not incom- patible with the public interests, ' any agreement between the (iovernment of the United States and that of Great Britain in relation to the occupation of San Juan Island, in Puget Sound, with copies of any correspondence on the subject of the claims of the respective governments to said island, and a statement of the reasons why the Government of the United States has jjermitted a joint occupation of the same to Great Bri- tain,' has the honour to submit a copy of such of the papers called for by the resolution as are in the possession of this department. " These papers consist of the reports and correspondence of Archibald Campbell, the commissioner on the part of the United States to carry into effect the first article of the treaty of the 15th of June, 1846, between the United States and Great Britain, with a copy of his correspondence with Captain Prevost, the commissioner on the part of Her Britannic Majesty's Government in relation to the boundary line between the continent and Vancouver's Island, and a general discussion of the subject of the claims of the United States ajid Great Britain to San Juan and other islands of the Ilaro Archipelago ; correspondence between Lewis Cass, Secretary of State, and Lord Ilussell, the Secretary of State for Foreign Affairs of Great Britain, in regard to the disputed boundary ; Senate executive document No. 10 of the thirty-sixth Congress, first session, containing a Message of the President of the United States, ' communicati ig, in compliance with a resolution of the Senate, the correspondence of Lieutenant-General Scott concerning the Islai d of San Juan, and pa|)ers relating to his mission to the territory in dispute.' The papers transmitted include also recent correspondence between this Depart- ment and the War Department concerning the manner in which the joint military occupation, at first declined by the Governor of Vancouver's Island, pending instructions from B H 2 I 420 SAN JUAN WATER BOUNDARY. '% :. ,,».. his Government, was subsequently effected ; and still later conespondeneo between the two departments in reference to the existing condition of affairs at San Juan, all of which papers are enumerated more in detail in the sub- joined list. " From the piipers contained in the Senate document above mentioned, and the communication of the 16th of January, 1868, from the War Department, it appears that General Scott, under tlie authority of James Buchanan, Pre- sident of the United States, proposed to the Governor of Vancouver's Island a joint military occupation of the island of San Juan ' for the temporary adjustment of any present diffi- culty until the two Governments should have time lo settle the questi(>n of title diplomatically;' but the Governor did not then assent to the proposition, for the reason, as stated by himself, that he could not do so ' without the sanction and express instructions of his Government ; ' but that in the en- suing spring of 1860, Admiral Baynes, in command of the British squadron on that station, sent a detachment of marines to the northern part of San Juan island, ' for the purj)ose of establishing a joint military occupancy agreeably to the propo- sitifm of Lieutenant-General Scott.' " A recapitulation of some of the more striking facts in relation to the north-western boundary which appear in the accompanying documents, and in the e-u'lier di[)lomatic correspondence preceding tlie treaty, may be useful and convenient. " In the various negotiations whicli took place between the United States and Great Britain for the settlement of the Oregon controversy, the United States made the proposition that the boundary line should run along the forty- ninth parallel. This line was proposed as a compromise of their con- flicting claims to the territory west of the Rocky Mountains, between the latitudes of 42 '^ and 64" 40'. For a long period the British Government persisted in asserting a claim to the territory lying to the westward of the Columbia river. This pretension was adhered to until a short time previous to the SAN JUAN WATi:il BOUNDARY. 421 conclusion of the treaty of 1846, when they so far receded from their position that they were willing to adopt the proposed compromise, provided that Vancouver's Island were left to the undivided jurisdiction of Great Britain. The United States finally consented to this concession, and a boundary was adopted having in view this object. Tliis boundary is defnied in the first article of the treaty of June 16, 1840, in the lan- guage following: — " ' Article I. " 'From the point on the forty-ninth parallel of north lati- tude, where the boundary laid down in existing treaties and conventions between the United States and CJreat Britain ter- minates, the line of boundary between the territories of the United States and those of Her Britannic Majesty shall be continued westward along the said forty-ninth paralUl of north latitude to the middle of the channel which sep irates the con- tinent from Vancouver's Island, and thence southerly through the middle of the said cliannel and of Fuca's Straits to the Pacific ocean : Providcf, however, That the navigation of the whole of the said channel and straits south of the forty-ninth parallel of north latitude remain free and open to both parties.* " Every officer of the Government, so far as the sources of information open to this department show, who had any part in the negotiation, adoption, or ratification of the treaty, assented to it with the full understanding that the dellection of the boundary from the forty-ninth parallel was consented to for the sole purpose of giving the whole of \^uicouvc'''s Island to Great Britain, and that to efTect this purpose the line was to be carried througli the Canal de llaro to the Straits of Kuca, on its way to the Pacific Ocean, This line gives to the United States the llaro Archipelago, of which San Juan Island forms a part. " The treaty having been concluded, and the exciting con- troversy of forty years having been settled, the Goveniniont o the United States remained, for a lime, without any furthei interest in the boundary, awaiting the settlement of the ^ m a iW 4:l'Z SAX JUAN WATER BOUNDARY. tVi*'.*;' country before exhibiting any anxiety to have the line defi- nitively marked. " In November, 1846, Mr. Bancroft, then Minister of the Unitetl States at London, comnmnicated to this d^'jjartment his apprehensions of a design on the part of Great Britain to claim the boundary line to be through the Kosario Strait instead of the Canal de Haro, so as to throw the island of San Juan and the other islands of the Haro Archipelaffo within the limits of British jurisdiction. Mr. Bancroft met ihis pretension promptly, and for a tiuje it was apparently abandoned. He was then under the impression that the Hudson's Bay Com- })any were tne pirties who sought to posses* that valuable group of islands, and tliat the British ministry did not favour their proceedings. " In January, 1848, Mr. Crampton, the British diplomatic representative accredited to the United States, under instruc- ti(ms from his Government, made a proposition to the Unitec! States to appoint joint commissioners for the purpose of deter- mining the water boundary. With this proposition was pre- sented a draught of joint instructions to the commissioners, framed so as to leave but little for them to do except to nu» the luie through the channel which would give to Great Britain all the islands of the Ilaro Archipelago. " In 1852, the territory of Oregon, by an act of their legislature, included the Haro Archipelago in i-ae of its counties ; and after the passage of this act, the Hudson's Bay Company established a post on San Juan Island. When the Territory of >Vashington was create Secretary of State, and Lord John Bussell, the British Secretary af State for foreign Artiiirs, after the discus- sion between the joint commissioners had closed, it appears that the British Government renewed the proposition for com- promise made l)y their commissioner, but it was declined. Mr. Cass, us will be seen by the acoom[)anying copy of a note of the '2h\\i of June, IHtJO, to Lord Lyons, then called upon the Hrirish Government to make a proposition tor the adjust- ment of the difference between the two Goverinnents. This suggestion wa> renewi'd by Mr. Trescot, Acting Secretary of State, on the 18l:i of August, 18()U, in a note to ^^^^ Irvine, Charge tfAffaircs ad inhrlm of (Jreut Ilritain, and I'sat Goverti- uuMit proposed that the qut'stion should be left to t'.e arbitration of one of the three following Kuropean power>^, namely, llelgium, Denmark, or the Swiss Itepublic. This [jroposition was made in th(! note from Lord Lyons of the lOtli of necend)er, LSGO, to (Ji'tieral Cass, and no re[tly or counfcr proposition has been made to it. 426 SAN JUAN WATER BOUNDARY, ill m n '■m " During the late civil war it was not deemed advisable to pursue the negotiation upon the subject, and the questions between tiie United States and Great Britain arising out of that war have hitherto been so engrossing, that it has not been convenient to bestow attention upon others. It is hoped, however, that a suitable juncture for that purpose will soon occur, and that the point at issue may be amicably adjusted to the mutual satisfaction of tlie parties. " Tlie accompanying papers, maps, and cross-section will, it is believed, present to Congress the merits of the question, and the grounds upon which the executive department of this Government has claimed that the Islai:d of San .Juan and the other islands of the llaro Archipelago are within our boun- daries as defined l)y the treaty. " With reference to tlie (juestion of joint occupation of the Island of San Juan bv militarv forces of the United States and Great Jiritain, it will be seen from the accompanying papers which relate to that subject that the arrangement was made during the administration of James Buchanan, with a view to avert collisions between the settlers or the military forces of the respective countries, such collisions being sup- posed to be imminent in ISitd. The arrangement, however, is temporary in its character, and was made upon condition that no prejudic^e to the claim of either Government should result therefrom. " Respectfully submitted. " William II. Sewauu. «' The President." CHAPTER XV. MKANwniLE other \ui^h\y interestinir questions had arisen and crrown into importance hetweeu tlie two countries, as, tlie Alahania chiiras ; the Natunilisation Question; the Fisliery Question ; and tlie Jt(>ciprocity I'reaty (Canada) . Eii -ly in tlie year 1 SOS, Mr. Adams, United States ^Minister tit the Court of St. James's, received a despatch(i) from Mr. Seward, in which reference was made to the three fn-st-mentioned (jues- tions and to the Boundary Question, as beino- such as " nii<,dit at any time, from accidental causes, occupy public attention, and give rise to excitino- controversy." Mr. Seward, at the same time suL;-y;osted that " the true method of dealin*^ with all these m;i**.'rs was by treatiu",' them jointly, and endeavour! hl;-, .ly means of a Conference, to settle them all." The 'u-ivo and take" mode of dealini,^ with and .settliiiL-- a variety ui ([uestions and disputes which have arisen between private persons is one which in theory will readily re- commend itself to the mind ; but a prac^tical exjicriuncc of such a mode of settlement will brinn- out many dilli- cultios, at iii-st hidden and unseen. Tliedidiculties in tlie way of such a mode of treatment beconu' almost insuperable when the questions at issue have arisen (') ConvMpoiiclonou nMin-ctiiifr tlio nofrotiiiiions with the Uiiit.ixl States Oovoniiiiciit, pi'iveiitod to l'iirliimn'iil (Isdn), p. I, No. I. ''.n A ■Ik 9' 428 SAN JUAN WATER BOUNDARY. iff x*.- V ■^j'v botwceji two mighty empires, whose policy respec- tively is actuated by myriads of conflicting interests, the advantage of one part of the empire being (appa- rently at Iea.'^:t) incompatible with tliat of some other parts. Thus, under the principle above referred to, one of tv;o Grove rnments engaged in sett'ng mutual claims, might be expected to set off injuries, received by its subjects from the other Government, against injuries inflicted by itself upon tlie subjects of the other ; and considering a State as an abstraction, such a settlement would appear higlily e(|uitable. Either State would be benefited, and therefore, it might be urged, all the subjects of each would receive benefit. But the chiimants themselves, the parties really injured, arc their particular interests to be forgotten and over- looked, or in what manner are their claims to be arranged ? Lord Stanley, then Minister for Foreign Affairs, appears to have appreciated the difhculties in the way of such a mode of treating the question, for when Mr. Adams communicated to him the contents of the above despatch, lie replied that he could not well under- stand what was to be the nature of the Conference suggested by Mr. Seward ; and asked, " How it was to be ccmstitiited ? with what powers where to be held? and what advantage did Mr. Seward suppose there would be in discussing simultaneously, instead of se])arateiy, a variety of matters ('), each of which was sufliciently intricate and |H'r))le.\ing wIkmi taken (') Cont'siKiiiiloiKM' ro«iM'.-M i^v':- " It is agreed to refer to some friendly sovereign or state to determine the line which, according to the terms of the aforesaid treaty, runs southerly through the middle of the channel which separates the continent from Vancouver's Island, and of Fuca's Straits, to the Pacific Ocean ; and, it is further agreed, that within three months after the exchange of the ratifications of any treaty that may hereafter be con- cluded for giving effect to the terms of this protocol, the con- tracting parties shall select some friendly sovereign or state to act as referee on the premises. " 2. If such sovereign or state should be unable to ascer- tain and determine the precise line intended by the woids of the treaty, it is agreed that it shall be left to such soverei;^n or state to determine upon some line which, in the opinion of such sovereign or state will furnish an equitable solution of the difficulty, and will be the nearest approximation that can be made to an accurate construction of the words of the treaty. " 3. It is agreed that such sovereign or state shall be at liberty to call for the production of, and to consult, all the correspondence which has taken place between the British and American Governments on the matter at issue, and to weigh the testimony of the British and American negotiators of the treaty, as recorded in that correspondence, as to their inten- tions in framing the article in question ; and such sovereign or state shall further be at liberty to call for the reports and correspondence, together with any documents, maps, or sur- veys bearing on the same, which have emanated from, or were considered by, the commissioners who have recently been employed by the two Governments to endeavour to ascertain the line of boundary as contemplated by the treaty, and to consider all evidence that either party may produce. But the referee shall not depart from the true meaning of the article as it stands, if he can deduce that meaning from the words of tlie article, those words having been agreed to by both parties, and having been inserted in a treaty certified by both Govcrn- nionts. " 4. The respective parties formally engage to consider the SAN JUAN WATER BOUNDARY. 433 decision of the referee when given, Hnal and conclusive, whether such decsion shall be a positive decision as to th^ line of boundary intended by the true meaning of the words of Article 1 o he treaty of 1846 ; or whether the said referee; being u able to give such positive decision, shall give as a decision t line of boundary as the nearest approximation to an accurate construction of these wonls, and as furnishing an eqZ sout.onofthed.fliculty; and such decision sh^ll, witlL't re- serve be earned into nr.mediate effect by commissioners to be appomted for the purpose of marking out the line of boundary in accordance with such decision of the referee. ^ "5. It is understood that this agreement shall not go into rtr;" k" "^' 'f '^' ""^" ^'-q-«tionof naturaLtion novv pending be ween the two Governments shall have been -^sfactordy settled by treaty, or by law of Parliament, or b l^h, unless the two parties shall in the meantime otherwise "Done at London, the 17th October, 1869. " (Signed) <' Stanley, " Reverdy Johnson." On the 5?0th of October, 1SGS,(^) Mr. Johnson called upon Lord Stanley at the Foreign Office, and a-ain proposed, with reference to the Alabama claims, ^hut all the claims on both sides should be referred to the decision of commissioners, who shonld be in equal numbers, British and American citizens. Lord Stanley again pointed out that the preferable course would be to Choose an arbitrator, who should be the sovereign or president of some friendly state, and specially named the President of the Swiss Eepublic or the King of Prussia. Lord Stanley also stated that (') Idan, p. 10, No. M. ' ^ ' ^'^• t c r. 18 1 SAN JUAN WATER BOUNDARY. tliougli he still adhered to the position wliich he had taken up with reference to the alleged premature re- cognition of the Confederates as belligerents by Great JJritain, yet that the order of reference might be so framed as to avoid any difficulty arising on this head.(i) On the 1 0th of November a convention was signed by Lord Stanley and Mr. Johnson, (~) by which it was agreed to refer all claims respectively made upon the British Government on the part of citizens of the United States, and upon the Government of the United States on the part of British subjects, to four commissioners, of whom two should be chosen by the l^resident of the United States and two by Her Ma- jesty. It was also agreed that the commission should meet at London. On the same day a solemn agreement, in the form of a protocol, (') was signed by Lord Stanley and Mr. Johnson, binding their respective countries to refer the San Juan boundary question to the decision of the President of the Federal Council of the Swiss Republic. The agreement expressly stated that the ])artics thereto were respectively authorised and em- powered by their Governments. A copy of this agreement was on the same day Ibrwarded to Mr. Thornton, British Minister at Washington. (') If'' C) Correspondonco rosiiocting tlio ui-fjotiations with the Uuited States '/..'.:. ['■•^'■■:''.i ■ \ Vi; ^ ■ ■ '<*'■■'■.■ this convention needs not to be told at-lcnr^tli; it suffices to say that it was submitted, on the 18th of February, to the Senate Committee on Foreign IleUitions,(^) and on the recommendation of Mr. Sumner the committee decided on advising the Senate to refuse its sanction to tlie ratification of the convention. On the date of the signing of the hist-mentioneu convention, Lord Clarendon and Mr. lleverdy John- son signed a convention for referring to arbitration tlie question of the San Juan water boundary. This convention was as follows : ('•) — " Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the United States of America, being desirous to close all further discussion with regard to the true direction of the line of water boundary between their respec- tive possessions, as laid down in Article I. of the Treaty con- cluded between them on the 15tli of Jutu^, 184G, have resolved to conclude a Treaty for this purpose, and have named as their Plenipotentiaries, that is to say : — " ITer Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honourable George William Fretlerick, Earl of Clarendon, Bai'on Hyde of Ilindon, a Peer of the United Kingdom, a Member of Her Britannic Majesty's Most Honourable Privy Council, Knight of the Most Noble Order of the Garter, Knight Grand Cross of the Most Honour- able Order of the Bath, Her Britannic Majesty's Principal Secretary of State for Foreign Affairs ; '• And the President of the United States of America, lleverdy Johnson, Esquire, Envoy Extraordinary and Minister Plenipotentiary from the United States to Her Britannic Majesty ; (') Corrcsiiondeneo respecting the negotiations with the United States Government, presented to Tarliament (18(59), p. 4-1, No. 31; p. 55, No. 33. (') Idem, p. 38. SAN JUAN WATER BOUNDAKY. 437 Who, after having communicated to each other tli eir respective full powers, found in good and due form, liave agreed as follows : — " Article I. — Whereas it was stipulated by Article I. of the Treaty concluded at Washington on the 15th of June, 184G, between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the United States of America, that the line of boundary between the territories of Her Britannic Majesty and those of the United States, from the point on the 49th parallel of north latitude, up to which it had already been ascertained, should be continued westward iJong 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 Fuca's Straits, to the Pacific Ocean;' and whereas the Commissioners appointed by the two High Con- tracting Parties to mark out that portion of the boundary which runs southerly through the middle of the chamiel afore- said, have not been able to determine which is the true line cop^emplated by the Treaty; " The two High Contracting Parties agree to refer to the President of the Swiss Confederation to determine the line which, according to the terms of the aforesaid Treaty, runs soutiierly through the middle of the channel which separates the continent from Vancouver's Island, and of Fuca's Straits, to the Pacific Ocean. " Article II. — If the Referee should be unable to ascertain and determine the precise line intended by the words of the Treaty, it is agreed that it shall be left to him to determine upon some line which, in his opinion, will furnish an e(|uitable solution of the difficulty, and will be the nearest approxima- tion that can be made to an accurate construction of tlie words of the Treaty. " Article III.— It is agreed that the Referee shall be at liberty to call for the production of, and to consult, all the correspondence which has taken place between the British and American Governments on the matter at issue, and to weigh in 438 SAN JUAN WATER BOUNDARY. r^.' m ' the to^itiinony oftho British and American neifotiulor.s ot' the Treaty, as recorded in Miat correspondence, us to thi^ir inten- tions in framing tlie Article in question ; and the lleferee shall further he at liberty to call for the reports and correspon- dence, together with any documents, maps, or surveys bearing on the same, which have emanated from or were considered by the Conmiissioners who iiave recently been em[)lov -d l)y the two (jovernments to endeavour to ascertain the line of boun- dary, as contemplated by the 'J^vaty, and to consider all evidence that either of the lliut the Jlefereo shall not (lei)art from the true meaning of the Article as it stands, if ho can deduce that meaning from the words of that Article, those words having been agreed to })y both parties, and having been insericd in a Treaty ratified by l/oth (iovernments. " Article IV. — Should either Government deliver to the Referee a statement of its case, a copy thereof shall be at the same time communicated to the other Party, through its Representative in Switzerland, together with a copy of all papers or maps annexed to such statement. Each Govern uient shall moreover furnish to the other, on ajjfjlieation, a copy of any individually specified documents or ma})s in its own ex- clusive j)ossession, relating to the matter at issue. " Each Party shall be at liberty to draw up and lay before the Referee a final statement, if it think fit to do so, in reply to the case of the other Party, and a copy of such definitive statement shall be conununicated by each Party to the other, in tlie same niiamer as afbresjiid. " The two High Contracting Parties engage to use their best exertions to place tlu? whole of their respective case Ijefore the Referee within twelve months after the exchange of the ratifications of the presi\iil Treaty. "Articlt» V. — The Ministers or otluM." public Agents of Groat P.ritain and of the United States at Berne shall l)e con- sidered as the Agents of their respective Governments to conduct their case before the Referee, who shall be requested to address all his communications anil give all hisS notices to SAN JUAN WATER BOUNDARY. •l:V.) such Ministers or other public Agents, whoso Acts shall bind their Governments to and before the Referee on this matter. " Article VI. — It shall be competent to the Referee to proceed in the said arbitration, and all matters relating thereto, as and when he shall see fit, either in person or by a person or persons named by him for that purpose ; either with closer I doors or in pul)lic sitting; in the presence or absence of both Agents, and either viva voce or by written discussion or otherwise. " Article VII. — The Referee shall, if he thinks At, appoint a St^cretary, Registrar, or Clerk for the [jurposes of the pro[)ose(l arbitration, at such rate of renumeration as he shall tliiuk proper. He shall be requested to deliver, together with his award, a statement of all tlio costs and expenses which ho may have been j>ur to in relation to this matter; and the amount thereof shall forthwith be repaid in two equal portions, one by each of the two Parties. '' Article VIIl. — The Referee shall be requested to give his award in writing, as early as convenient after the whole case on eacli side shall have been laid before him, and to deliver one copy thereof, signed !)y him, to eacli of the said Agents, ''Article IX, — The respective Parties formally engage to consider the decision of the Referee, when given, as final ami conclusive, whether such decision shall be a positive decision as to the line of boundary intended by the true nu'aning of the words of Article I. of the Treaty of ls4(), or whether the said Referee, being luiable to give such positive decision, shall give as a decision a line of boinidaiy as the nearest approximation to an accurate constructiou of those words, and as furnishing an e(piital)Ki solution of the? diUicully ; and such decision shall, without reserve, be carried into inniu>diate effect by Commis- sioners to be appointed for the purpose of n\arkiiig out the line of l)oundarv, in accordance with such decision of the Referee. "Article X. — The present Treaty shall be ratified by IFer Britannic Majcstv, and bv the President of the L'nited Slates 410 SAN JUAN WATER BOUNDARY. '..K «,■•<■ 'v. ,-■',' /'•■' ■ 1 '^ i ^P n bv and with the advice and consent of the Senate thereof, and the Ratifications shall be exchanged at London as soon as may be within twelvt; months from the date hereof. " In witness whereof the respective Plenipotentiaries have signed the same, and have atlixed thereto their ros()ective seals. "Done at London, the fourteenth day of January, in the year of our Lord One thousand eight hundred and sixty-nine. " (l..S.) ClaiiEx\don. " (l.S.) KeVERDY JoiIN.SON." In the moantinie, ou the 7tli of Doceinl)er, 1SG8, Mr. Moore, Governor of Wasliino'ton Territory, and other persons, twenty-three in number, chielly ofliciiils connected with the government of the Territory, presented a memorial to the Senate " remonstratin*;^ against any recognition of the claims of Great J Jritain to the llaro Archipelago and to San Juan Island." That memorial was as follows :(') — " Olympia, Washington Territory, "December?, 18G8. " To the Ilonoiu'able the Senate of the United States. " Your memorialists, having learned that a proposition had been made to submit the unfounded claims of Great Dritaiu to the llaro Archipelago, and especially to San Juan Island, to the arbitration of some foreign power, respectfully protest against any recognition of those claims whatever. The terms of the treaty of 184G fix the boundary line along the Canal de llaro. Tiie object of the dellection of the lino from the 49th parallel, being simply to give the whole of Vancou\er's Island to Great Urilain, can be exactly accomi)lisl'.e(l by this channel alone. The ollicers who negotiated and adopted llie treaty, and the Senate by whom it was ratified, acted with the lull understandini' that the Canal de llaro was the bt)un(larv. (M Con<_'si> nofifotiationH with the I'liiliil Slivtos Uovorumont, lu'csculcd to rarliameut (ISO'.i), p. 12. SAN JUAN WATER BOUNDARY. 441 Having already conceded from the line of 54^ 40' to that of 49'' for the sake of peace, neither the honour nor the interests of the United States will admit of further surrender of right. " We therefore entreat your honourable body to consent to no protocol or convention that admits a doubt of our right to the line of the Canal de Ilaro, or renders possible a sur- render of those islands. " And your memorialists will ever pray, &c." Subsequently the convention referring the San Juan question to arbitration was placed Ijclbrc the Senate,(^) and the Committee on Foreign llelatious authorised Mr. Sumner to make a report thereon to the Senate, and to recommend that that body should sanction the ratification thereof by the President. Mr. Thornton afterwards had an interview with ]\Ir. Fish, United States Secretary of State,('-) in the course of which the former expressed a hope that the Senate would pro- ceed to give its sanction to the ratification by the President of the htst-mentioned convention. Mr. Fish also expressed a lio])o that the question would be settled. Mr. Thornton reported this conversation to Lord Clarendon, who wrote in approval of the same.C) The convention was at length, in April last, brought before tlie Senate, and a long speech was made by Mr. Garrett Davis, a senator from Kentucky, recommend- ing that its ratification should not be sanctioned. The main argument, if such it can be called, ai»pears to have been,0 that the right of the United States to (') Corvcspondonco respoctinf,' tlio nej^otiations with tlic UuitcdStatea (5ciV(«nuu.'iit, iirosfiitod to Parliamout (18G0), p. 4t, No. 32. (■) litem, p. 50, No. il. (") Idoii, p. 50, No. 45. («) [dcm, p. 07, No. ri7. 442 SAN JUAN AVATER BOUNDARY. m m-' the possession of tlie island of San Juan (and there- fore, it is to be presumed, of the entire Haro Archi- pelago) was so extremely clear that the question was not one which ouyflit to be submitted to arbitration. It was, however, finally decided by the Senate that the further consideration of the convention, and the course to be pursued by them with reference thereto, should be deferred until the next session of that body, to open in December, 18G0. \^^latever be the advantages (considered from an American point of view) of the proviso of the United States constitution which requires the assent of the Senate to the ratification of a treaty by the President, it is certain that other powers negotiating with the United States Government may, by that proviso, be placed in a most invidious and humiliating position. To borrow an expression used by Mr. Goldwin Smith, (^) in his recent speech on the relations between America and England, it becomes necessary to look behind the credentials of a United States ambassador, and to inquire whether he lias enough political support to warrant our treating with him. In the case of the Alabama convention, all that Great iiritain could do was dono with good will ; the draft of the convention was framed at Washington, it was accepted by us, it was amended at the request of the United States Government, and, as ^Ir. Goldwin Smith remarked in the speech to which T have alluded, " when the whole process had been gone through, the treaty was kicked (') " The 1 1 flat ions bolwoon America and England, 18G9," by Goldwin Suiith. SAN JUAN WATER BOUNDARY. 443 out of doors with contumely, amid a burst of hostility and menace against Great Britain." Possibly this may be the late of the convention referring- the San Juan water boundary question to arbitration. It is curious to consider that both the nations seem to be actuated by the same motive, the one in desiring, the other in doubting the advantage of arbitration. Great Britain believes her riu-hts to be so clear that she docs not fear the result of a fair arbitration ; the people of the United States, on the other hand, seem to believe their right to the disputed territory to be so extremely clear that it ought not to be submitted to arbitration. (^) (') Correspomloneo rosiiecting tlio nepfotiationg with the United States Goverument, presented to Parliament (ISLi'J), p, 07, No, 57, B f m il m 9<-:''. CHAPTEE XVI. I HAVE now laid before the public the evidence I have been able to collect upon the San Juan water boundary. By the information which I have re- produced, the public in this country are phiced on an equal footing with the people of tlie United States, and will be able to take part in and form their own opinions upon any discussi ms which may arise with reference to that boundary. The time has passed when it was considered wise and politic to keep the public mind in ignorance upon imperial questions. The people should know " the whole truth," as well as "nothing but the truth," and I believe that the greater the intricacy, the greater the delicacy of a question arising between us and another power, the more important is it that the public mind should be put in possession of the facts connected therewith. All the care and skill of diplomacy are thrown away, if the minds of nations are kept asunder by an imperfect appreciation of the questions at issue between them. From the correspondence which has been printed it will have been seen that 1 have not over estimatcnl the importance of the subject, or the interest which the controversy excites in the United States and in our American possessions. If Great Tiritaiu retains the Island of San Juan and the smaller m I',- SAN JUAN WATER BOUNDARY. -r-tO islands of the arcliipelago lying west of the compro- mise channel proposed by Lord Russell, together with Patos Island and the Sucia group, she will preserve her power upon the Pacific, and will not in any way interfere with or menace the harbours or seas which appertain to the United States. If, on the other hand, these islands should become United States territory, the highway from the British possessions on the mainland will be commanded by and be at the mercy of that power, which will gain no other advantage by such possession, except that derived from the ownership of a few islands, the largest of which is some fifty-four square miles in extent. It is impossible to believe that the United States would have so persistently advanced their alleged claims to the Haro Archipelago, unless inlluenced by some ulterior motives ; as for instance, by the wish to destroy our existence as a power on the Pacific. It may be replied that the treaty of June, 184(5, provides that the whole of the channel and straits between the continent and Vancouver's Island shall be free and open to both parties, but according to American statesmen that proviso would be annulled by a war between the two countries. In the course of the Oreijfon controversy Mr. 13uchaniai(^) (subse([uently President of the United States) declared that " the general rule of national law is that war terminates all subsisting: treaties between (') Corrospoudenco reliitivo to tho nos^otiation of dispuloil lij^hts to the Oregon Territory, presentod to both Iloustvs of rarliaiuont, i^c. (1810), p. 30. 446 SAN JUAN WATER BOUNDARY. ':!<•% •.;■■; J ■ the belligerent powers," and he based this dictum on the practice of Great Britain herself. At the time when the proviso should be in force, it would, on this view, become iipso facto void. The straits leading from the Pacific to the extreme north of Queen Charlotte Sound would in such case be in fact a " mare clausum," so far as Great Britain is concerned. Such a condition of affairs must inevitably force British Columbia into the United States federation ; and the valuable district of the Saskatchew^an, which has been described by Hinde, Palliser, Dr. Eae, and by Dr. Cheadle and myself, must, ex necessitatl rei, follow the fortunes of British Columbia. Canada, excluded from the Pacific, and shut in on two sides by United States territory, must eventually follow the same course. I have lately heard from Vancouver's Island that Mr. Seward has recently landed there on liis way to and from Alaska. He opcnl)-, I am informed, ex- pressed his belief that not only Vancouver's Island, but also British Columbia, would, ere long, become part of the Union. I may add that General Thomas, United States army, in his official report upon Alaska, states that its only value is to be found in the fact that its possession tends to hasten the annexation of the above-mentioned territories to the United States. [>. ,, "ttXA,' ovK evOeoj'i to Tt'Xo?.' I'llINTEt) BY CASSKiL, I'KTTiai, AKD GALl IN, LfcLLk. SAfVAOE WOl.KS, LONDON, t.C. f i:\-( :i. MAP Showiii.ii ili(' hue o^' BrMiutiarv THE I'NITED S'I'ATES&HRri'ISII IM)HSESSM)XS I'rmn Uie poinl wliert' llic 4!)^ I'.-inUlel ul Noiili l,;it!tiiic.t() Fiicn'.i Stxfrils.iii iici'ordaiicf with Ti-ciily of .hiiiel.^".', 1«-H>. 4^* I ..lliiiiii.ltin Uiii' rotih'inpliilcil In llifTivah ■ < •ilu'wii hy I'l . 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USSO (716) S72-4303 ^ i-:. ii^i-^i^:se^:^^'^-^^^ ■-- *«^^ ■ti^'-'^'f-fM 446? the the^ i r tfvV;,j-t.;.. ,■■ ■;<•?'■ ■■''■ _,^ 77/^ Norlh- IVesl Passage by Land. By Viscount Mtr/roti. M.P., F.R.ft.S., F.G.S., .tc. and W. B. Cheadle. B.A.. M.I). Cantab., F.K.G.S. Svo, cloth, with Twenty-two B^ull Page lUustrations ami Two Maps. Hldh EdiHnn, 2 Is. Ditto, ditto. Smaller Edition, complete, with Eight IJluatratiord, crown Svo'. cloth, (Is. CASSKLI, I'BTTEU, AND OALriN, I,A BELtE SAUVAflE VARD, UII)»ATE UILL, K.C. Preparing for Tublication, and will be shortly ready. Topographical Section of the Continent of North America. Showing the Boundary Line between the British Possessions and thp United States Territories, the lionte of Viscount Milton and Dr. Cheadle across the C'onliucnt; also a Prsed Line of Euilway from Ottawa to New Westiniustor ami Bute Inlet, with the Lino of the Central and Union I'acitic L'ailways, from Omaha to San JVancisco, as executed by the Citizens of the United States; toge- ther with Comparative Sections of these Lines as far as surveyed. Compiled from the most Authentic Dcicuments extant, as \\A\ as from the recent Surveys of Mr. W^addington in British Cohuubiu, and Mr. Dawson in Canada Drawn under the Siiperintendenct! nf Viscount Miltun, by W. E. Gaine, Topogniphical EntjLneer. J. 19 Jia 117 116 115 U4 L13 112 in )l'\\v oi" I ho travelling; route from the Soilth PaSS of tlie liockv-^ Mountains to the Baj O /hun bnW Humboldt I'Li lu i.'.i'l'l'i'ijgili iUl-1! Jisv:. VtJUs l.likr ,-'i'"^ E i^ ^_^U — iCIlUiiu. t. 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