*No. V.[47]

Declarations of W. H. McNeill, W. Mitchell, Captain Swanson, Messrs. Anderson, H. G. Lewis, and Finlayson, master mariners, &c., who have commanded or are in command of vessels navigating the straits between Vancouver’s Island and the continent of America.

To all to whom these presents shall come: I, Montague William Tyrwhitt Drake, of the city of Victoria, Province of British Columbia, Dominion of Canada, notary public, duly admitted and practicing in pursuance of an act of Parliament made and passed in the 6th year of the reign of His Majesty King William IV, intituled “An act to repeal an act of the present session of Parliament, intituled an act for the more effectual abolition of oaths and affirmations taken and made in various departments of the state, and to substitute declarations in lieu thereof, and for the more entire suppression of voluntary and extra-judicial oaths and affidavits, and to make other provisions for the abolition of unnecessary oaths,” I do hereby certify that, on the day of the date hereof, personally came and appeared before me Henry Slye Mason, named and described in the declaration hereunto annexed, being a person well known and worthy of good credit, and, by solemn declaration which the said Henry Slye Mason then made before me, did solemnly and sincerely declare to be true the several matters and things mentioned and contained in the said annexed declaration.

In faith and testimony whereof I have set my hand and seal of office, and have caused the said declaration to be hereunto annexed.


M. W. TYRWHITT DRAKE, Notary Public.

I hereby certify that Montague William Tyrwhitt Drake, whose signature is hereunto attached, is a notary public, duly admitted and practicing in the city of Victoria, Province of British Columbia, Dominion of Canada.

In testimony whereof I have hereunto set my hand and official seal, this 4th day of October, 1871.

CHARLES GOOD, Colonial Secretary.

[Page 99]

This is the paper writing marked Z, produced and shown to William Henry McNeill, William Mitchell, and John Swanson, and referred to in their several declarations, marked respectively A, B, and C, declared this 27th day of September, 1871.

Before me:

M. W. TYRWHITT DRAKE, Notary Public.

Z.

I, Henry Slye Mason, of Victoria, in the Province of British Columbia, in the Dominion of Canada, clerk to the attorney-general, do solemnly and sincerely declare as follows:

That the following are the interrogatories submitted to Herbert G. Lewis, Alexander Caulfield Anderson, John Swanson, William H. McNeill, and William Mitchell; and on the perusal of which interrogatories they gave the answers respectively contained in the several accompanying statutory declarations, marked A, B, C, D, and E:

Interrogatories relative to the Northwest Water-Boundary Question submitted to Alexander Caulfield Anderson, Herbert G. Lewis, John Swanson, William H. McNeill, and William Mitchell.

1. About 1845–’46, had the Hudson’s Bay Company any fort or settlement on the Fraser River?

2. How did trading-vessels or other craft communicate with that fort or settlement from foreign parts, and from other settlements on the Columbia River, or its neighborhood?

3. The date of the settlement of Fort Langley on Fraser River?

4. About the time of the negotiation of the Treaty of June, 1846, what was the common opinion of Great Britain insisting on the 49th parallel being deflected in a southerly direction through the Straits of Fuca to the Pacific, instead of cutting through Vancouver’s Island?

5. If to secure access to the possessions to the northward of 49° parallel, state what possessions Great Britain held to the northward of 49°, and where.

6. If the free navigation of the straits and adjacent channel was not guaranteed to Great Britain, how could access be obtained to those possessions north of 49°?

7. When the Treaty was signed in June, 1846, and previous to that date, which channel was known and used by vessels amongst the islands forming the archipelagos between Vancouver’s Island and the continent, to get access to our dominions north of 49°?

8. Forward proofs and affidavits, legally attested by captains of vessels, and others, who made use of the channel then known, and their reasons for making use of it.

9. Previous to the signing of the Treaty in 1846, and also at that time, how many channels were known to be navigable amongst the islands forming the archipelago between Vancouver’s Island and the continent of America?

And I, Henry Slye Mason, above named, solemnly declare, that I make the above statements, conscientiously believing the same to be true; and by virtue of the provisions of an act made and passed in the 6th year of the reign of His Majesty King William IV, intituled “An act to repeal an act of the present session of Parliament, intituled an act for the more effectual abolition of oaths and *affirmations [Page 100]taken and made in various departments of the state, and to substitute declarations in lieu thereof, and for the more entire suppression of voluntary and extra-judicial oaths and affidavits, and to make other provisions for the abolition of unnecessary oaths.”[48]

HENRY S. MASON.

Declared at Victoria, in the Province of British Columbia, Dominion of Canada, this 29th day of September, 1871.

Before me:

M. W. TYRWHITT DRAKE, Notary Public.

To all to whom these presents shall come: I, Montague William Tyrwhitt Drake, of the city of Victoria, Province of British Columbia, Dominion of Canada, notary public, duly admitted and practicing in pursuance of an act of Parliament made and passed in the sixth year of the reign of His Majesty King William IV, intituled “An act to repeal an act for the more effectual abolition of oaths and affirmations taken and made in various departments of the state, and to substitute declarations in lieu thereof, and for the more entire suppression of voluntary and extra-judicial oaths and affidavits, and to make other provisions for the abolition of unnecessary oaths,” do hereby certify that, on the day of the date hereof, personally came and appeared before me William Henry McNeill, named and described in the declaration hereunto annexed, being a person well known and worthy of good credit, and, by solemn declaration which the said William Henry McNeill then made before me, did solemnly and sincerely declare to be true the several matters and things mentioned and contained in the said annexed declaration.

In faith and testimony whereof I have set my hand and seal of office, and have caused the said declaration to be hereunto annexed.

Dated in Victoria the 29th day of September, A. D. 1871.

M. W. TYRWHITT DRAKE, Notary Public.

I hereby certify that Montague William Tyrwhitt Drake, whose signature is hereunto attached, is a notary public, duly admitted and practicing in the city of Victoria, Province of British Columbia, Dominion of Canada.

In testimony whereof I have hereunto set my hand and official seal, this 4th day of October, A. D. 1871.

CHARLES GOOD, Colonial Secretary.

This is the paper writing marked A, shown to Henry Slye Mason, at the time of making his declaration, and therein referred to on the 29th day of September, 1871.

Before me:

M. W. TYRWHITT DRAKE, Notary Public.

A.

I, William Henry McNeill, of Gonzala Bay, Vancouver Island, in the Province of British Columbia, Dominion of Canada, now a settler, do solemnly and sincerely declare as follows:

[Page 101]

I am sixty-eight years of age, and at twenty years of age I became a master mariner.

I have been on the Northwest Pacific coast since 1832, and have been employed as a master mariner during the greater part of that time till 1863 on the said coast.

From 1832 till 1837 I was employed by the Hudson’s Bay Company, in the command of the ship Llama, which during that period plied between Columbia River and Fort Simpson, British Columbia, 54° north latitude.

On two occasions during that period, in going through the Straits of Fuca to Fraser River, and returning from Fraser to Columbia River, I passed through Rosario Straits. My reason for not passing through Haro Straits was that there was then no known or surveyed channel through Haro Straits; on the other occasions I went to the westward of Vancouver Island. During the whole of this period I never heard of a vessel passing through Haro Straits, and Rosario Straits was the only channel known and surveyed, and I was in constant communication during such period with sea-faring men who traversed the waters between Vancouver Island and the main-land. In 1837, and from thence till 1843, I commanded the steamer Beaver, belonging to the Hudson’s Bay Company, and she was employed during that time in trading between Fort Simpson aforesaid, Fraser River, and Nisqually-Puget Sound. During all that time, between 1837 and 1843, I never heard of a vessel going through Haro Straits, and I was during that period, from 1837 till 1843, in constant communication with ship-masters trading on the said waters.

In 1843 I went to England, and continued absent from this Northwest Pacific coast for twelve months, and returning in 1844, I was still in the Hudson’s Bay Company’s service at Stekin, Fort Rupert, and Fort Simpson on the said Northwest Pacific coast, and from thence till 1846 I never heard of any vessel going through Haro Straits, with the exception of the steamer Beaver, in 1846. Till then she always went through Rosario Straits on her usual voyages in the Hudson’s Bay Company’s employ, the only then known channel.

During all this time till 1846, I never heard of Haro Straits being used by vessels, and I was in constant communication with ship-masters trading in the waters between Vancouver Island and the *main-land, and the Northwest Pacific coast. And since 1846 Rosario Straits has still been the most usual channel for sailing vessels.[49]

In navigating these waters between Vancouver Island and the main-land, I always used Vancouver’s charts, and heard of no others till the chart made in pursuance of the survey of Captain Richards and his officers, with the exception of the old Spanish chart, which was of little value.

The first chart which I knew of as laying down a survey of Haro Straits, was Captain Richards’ chart.

I further say that Vancouver Island was generally supposed to be united with what is now named Galiano Island on Richards’ chart till after Captain Richards’ survey.

In Rosario Straits the currents and tides are comparatively regular, but in Haro Straits, and round the islands adjacent to Vancouver Island, and in the waters about Vancouver Island itself, the tides and currents are always very irregular.

Referring to the questions submitted to me relative to the boundary [Page 102]line referred to in the treaty of Oregon, in answer to the first question I declare, as aforesaid:

1. That about 1845 and 1846 the Hudson’s Bay Company had a settlement at Langley, on the Fraser River, and the said settlement existed since 1827 or 1828, to the best of my knowledge and belief.

2. In answer to the second question, I declare, as aforesaid, that trading-vessels or other craft communicated with the settlement of Langley from foreign parts, and from the settlements on the Columbia River or its neighborhood, by the Straits of Rosario and the Gulf of Georgia.

3. In answer to the third question, I declare, as aforesaid, that, to the best of my knowledge, information, or belief, Langley, on the Fraser River, was settled about the year 1827 or 1828.

4. In answer to the fourth question, I declare, as aforesaid, that, about the time of the negotiation of the Treaty of June, 1846, the common opinion as to the object of Great Britain insisting on the forty-ninth parallel being deflected in a southerly direction, and through the Straits of Fuca to the Pacific, instead of cutting through Vancouver Island, was that it was to secure access to her possessions to the northward of the forty-ninth parallel through the Straits of Fuca.

5. In answer to the fifth question, I declare, as aforesaid, that Great Britain then held British Columbia, up to the parallel of north latitude 54° 40′ and Vancouver Island.

6. In answer to the sixth question, I declare, as aforesaid, that, if the free navigation of the straits and adjacent channel was not guaranteed to Great Britain, access could only be secured and obtained to those possessions by ships going to the westward of Vancouver Island. And as regards those possessions on the coast of British Columbia between the fifty-first and forty-ninth parallel, access would have to be sought through a strait which is intricate and difficult of navigation, by reason of the strength of the tides, and almost impracticable for sailing-vessels.

7 and 8. In answer to the seventh and eighth questions, I declare, as aforesaid, that, when the treaty was signed in June, 1846, and previous to that date, the channel which was known and used by vessels amongst the islands forming the archipelago between Vancouver Island and the continent to get access to the dominions of Great Britain north of the forty-ninth parallel, was the Strait of Rosario, and that channel only, as it was then the only surveyed channel.

9. In answer to the ninth question, I declare, as aforesaid, that, previous to the signing of the Treaty in A. D. 1846, and also at that time, the only channel known to be navigable amongst the islands forming the archipelago between Vancouver Island and the continent, was the Strait of Rosario.

And I declare, as aforesaid, that, even since Haro Straits has been fully surveyed, I consider Rosario Strait as a much safer channel for a sailing-ship, in passing either from the Straits of Fuca to the Gulf of Georgia, or for a sailing-ship passing from the Gulf of Georgia to the Straits of Fuca, inasmuch as the Rosario Strait has good anchorage throughout its entire length, and has more regular tides than Haro Straits. The anchorage in Haro Strait is bad, on account of the great depth of its waters, and the irregularity and strength of its tides. The navigation of Haro Strait, moreover, is much impeded by numerous small islands and rocks.

During all the time between A. D. 1837 and the year A. D. 1843, I was in command, as aforesaid, of the Hudson’s Bay Company’s steamer Beaver, and I was in the habit of taking the said steamer once or twice [Page 103]every year during that period from Fort Simpson to Langley on the Fraser River, and from thence to Nisqually-Puget Sound; and from Nisqually back again to Langley and Fort Simpson, and on those occasions I always passed through Rosario Straits, as it was then the only surveyed channel between Fuca Strait and the Gulf of Georgia.

And I, William Henry McNeill, above named, solemnly declare that the questions hereinbefore referred to, are contained in the paper writing marked Z, produced and shown to me at the time of making this declaration, and that I make the above statements conscientiously, believing the same to be true; and by virtue of the provisions of an act made and passed in the sixth year of the reign of His Majesty King William IV, intituled “An act to repeal an act of the present session of Parliament, intituled an act for the more effectual abolition of oaths and affirmations taken and made in various departments of the state, and to substitute declarations in lieu thereof and for the more entire suppression of voluntary and extra-judicial oaths and affidavits, and to make other provisions for the abolition of unnecessary oaths.”

WILLIAM H. McNEILL.

Declared at Victoria, in the Province of British Columbia, Dominion of Canada, this 27th day of September, 1871.

Before me:

M. W. TYRWHITT DEAKE, Notary Public.

*To all to whom these presents shall come: I, Montague William Tyrwhitt Drake, of the city of Victoria, Province of British Columbia, Dominion of Canada, notary public, duly admitted and practicing in pursuance of an act of Parliament made and passed in the sixth year of the reign of His Majesty King William the Fourth, intituled “An act to repeal an act of the present session of Parliament, intituled ‘An act for the more effectual abolition of oaths and affirmations taken and made in various departments of the state, and to substitute declarations in lieu thereof, and for the more entire suppression of voluntary and extra-judicial oaths and affidavits, and to make other provisions for the abolition of unnecessary oaths,’” do hereby certify that, on the day of the date hereof, personally came and appeared before me William Mitchell, named and described in the declaration hereunto annexed, being a person well known and worthy of good credit, and, by solemn declaration which the said William Mitchell then made before me, did solemnly and sincerely declare to be true the several matters and things mentioned and contained in the said annexed declaration.[50]

In faith and testimony whereof I have set my hand and seal of office, and have caused the said declaration to be hereunto annexed.

Dated in Victoria, the 27th day of September, A. D. 1871.

M. W. TYRWHITT DEAKE, Notary Public.

I hereby certify that Montague William Tyrwhitt Drake, whose signature is hereunto attached, is a notary public, duly admitted and practicing in the city of Victoria, Province of British Columbia, Dominion of Canada.

In testimony whereof I have hereunto set my hand and official seal, this 4th day of October, A. D. 1871.

CHARLES GOOD, Colonial Secretary.

[Page 104]

This is the paper writing marked B, shown to Henry Slye Mason, at the time of making his declaration, and therein referred to on the 29th day of September, 1871.

Before me:

M. W. TYRWHITT BRAKE, Notary Public.

B.

I, William Mitchell, of Victoria, Vancouver Island, in the Province of British Columbia, Dominion of Canada, master mariner, do solemnly and sincerely declare and state as follows:

I am sixty-eight years of age. I became a master mariner in 1851, and have been on the Northwest Pacific coast since 1837, and have been employed all the time in the Hudson’s Bay Company’s ships. From 1837 to 1846 I was constantly employed in passages from Victoria to Fraser River, and back again; from Columbia River to Fraser River, and back again; and from Nisqually-Puget Sound to Fraser River, and back again; and trading generally between those ports as well as sometimes to Honolulu and Sitka, and other between ports on the Northwest Pacific coast, And whenever the vessel I was in had occasion to go from the Straits of Fuca to the Gulf of Georgia, or back from the Gulf of Georgia to the Straits of Fuca, she always passed through Rosario Straits as the only then known navigable channel.

As late as the year 1855 I had occasion to pilot a vessel from Victoria to Nisqually, and from Nisqually to Nanaimo, and from Nanaimo to Victoria, and both in going to Nanaimo and returning therefrom made use of Rosario Strait as the best known channel.

Previous to 1846 there was only one channel known to be navigable, and that was the Rosario Straits.

In the year 1846, to the best of my knowledge, information, and belief, no chart of Haro Strait soundings existed.

The chart in use was that of Rosario Strait only, and from soundings made by Vancouver.

Referring to the questions submitted to me relative to the boundary line referred to in the Treaty of Oregon, in answer to the first question I declare, as aforesaid:

1. That about 1845 and 1846 the Hudson’s Bay Company had a settlement at Langley, on the Fraser River, and the said settlement existed since 1827 or 1828.

2. In answer to the second question, I declare, as aforesaid, that trading-vessels or other craft communicated with the settlement of Langley from foreign parts, and from the settlements on the Columbia River, or its neighborhood, by the Straits of Rosario and the Gulf of Georgia.

3. In answer to the third question, I declare, as aforesaid, that, to the best of my knowledge, information, and belief, Langley, on the Fraser River, was settled about the year 1827 or 1828.

4. In answer to the fourth question, I declare, as aforesaid, that about the time of the negotiation of the Treaty of June, 1846, the common opinion as to the object of Great Britain insisting on the forty-ninth parallel being deflected in a southerly direction, and through the Straits of Fuca to the Pacific, instead of cutting through Vancouver Island, was, that it was to secure access to her possessions to the northward of the forty-ninth parallel through the Straits of Fuca.

5. In answer to the fifth question, I declare, as aforesaid, that Great [Page 105]Britain then held British Columbia up to parallel of north latitude 55° 40′ and Vancouver Island.

6. In answer to the sixth question, I declare, as aforesaid, that if the free navigation of the straits and adjacent channel was not guaranteed to Great Britain, access could only be secured and obtained to those possessions by ships going to the westward of Vancouver Island; and as regards those possessions on the coast of British Columbia, between the fifty-first and forty-ninth parallel, access would have to be *sought through a strait which is intricate and difficult of navigation by reason of the strength of the tides.[51]

7 and 8. In answer to the seventh and eighth questions, I declare, as aforesaid, that when the treaty was signed in June, 1846, and previous to that date, the channel which was known and used by vessels among the islands forming the Archipelago, between Vancouver’s Island and the continent, to get access to the dominions of Great Britain north of the forty-ninth parallel, was the Strait of Rosario and that channel only, as it was then the only surveyed channel.

9. In answer to the ninth question, I declare, as aforesaid, that previous to the signing of the Treaty in 1846, and also at that time, the only channel known to be navigable among the islands forming the Archipelago between Vancouver Island and the continent was the Rosario Strait.

And I further say that, even since Haro Strait has been fully surveyed, I consider Rosario Strait a much safer channel for a sailing-ship in passing either from the Straits of Fuca to the Gulf of Georgia, or for a sailing-ship passing from the Gulf of Georgia to the Straits of Fuca, inasmuch as Rosario Strait has good anchorage throughout its entire length, and has more regular tides than Haro Straits. The anchorage in Haro Strait is bad on account of the great depth of its waters and the irregularity and strength of its tides. The navigation of Haro Strait, moreover, is much impeded by numerous small islands and rocks.

In the beginning of the year A. D. 1839, I recollect making a voyage, as first mate, from Columbia River to Fraser River, and thence back to the Columbia River in the bark Vancouver, and on these occasions she passed and repassed through Rosario Straits.

In A. D. 1840, I made two voyages in the schooner Cadboro, from Columbia River to Fraser River, and returned to the Columbia River in the Cadboro, and passed and repassed through Rosario Straits on these voyages.

In A. D. 1842, I made a voyage from Columbia River to Fraser River in the Cadboro, as first mate, and returned from Fraser River to the Columbia River, and on these occasions I passed and repassed through Rosario Strait. And between A. D. 1842 and 1846, I made several voy ages in the schooner Cadboro, as first mate, from Columbia River and Victoria to Nisqually and Langley on the Fraser River, and thence returned to Victoria and Columbia River, and on such occasions I always passed and repassed through Rosario Strait, as it was the only then known channel.

And I, William Mitchell, above named, solemnly declare that the questions hereinbefore referred to are contained in the paper writing marked Z, produced and shown to me at the time of making this declaration; and that I make the above statements conscientiously, believing the same to be true; and by virtue of the provisions of an act made and passed in the sixth year of the reign of His Majesty King William the Fourth, intituled “An act to repeal an act of the present session of Parliament, intituled ‘An act for the more effectual abolition of oaths [Page 106]and affirmations taken and made in various departments of the state, and to substitute declarations in lieu thereof, and for the more entire suppression of voluntary and extra-judicial oaths and affidavits, and to make other provisions for the abolition of unnecessary oaths.’”

WILLIAM MITCHELL.

Declared at Victoria, in the Province of British Columbia, Dominion of Canada, this 27th day of September, 1871.

Before me:

M. W. TYRWHITT DRAKE, Notary Public.

To all to whom these presents shall come: I, Montague William Tyrwhitt Drake, of the city of Victoria, Province of British Columbia, Dominion of Canada, notary public, duly admitted and practicing in pursuance of an act of Parliament made and passed in the sixth year of the reign of His Majesty King William the Fourth, intituled “An act to repeal an act of the present session of Parliament, intituled ‘An act for the more effectual abolition of oaths and affirmations taken and made in various departments of the state, and to substitute declarations in lieu thereof, and for the more entire suppression of voluntary and extrajudicial oaths and affidavits, and to make other provisions for the abolition of unnecessary oaths,”’ do hereby certify that, on the day of the date hereof, personally came and appeared before me John Swanson, named and described in the declaration hereunto annexed, being a person well known and worthy of good credit, and, by solemn declaration which the said John Swanson then made before me, did solemnly and sincerely declare to be true the several matters and things mentioned and contained in the said annexed declaration.

In faith and testimony whereof I have set my hand and seal of office, and have caused the said declaration to be hereunto annexed.

Dated in Victoria the 27th day of September, A. D. 1871.

M. W. TYRWHITT DRAKE, Notary Public.

I hereby certify that Montague William Tyrwhitt Drake, whose signature is hereunto attached, is a notary public, duly admitted and practicing in the city of Victoria, Province of British Columbia, Dominion of Canada.

In testimony whereof I have hereunto set my hand and seal of office this 4th day of October, A. D. 1871.

CHARLES GOOD, Colonial Secretary.

*This is the paper writing marked C, shown to Henry Slye Mason at the time of his making his declaration, and therein referred to, on the 29th day of September, 1871. [52]

Before me:

M. W. TYRWHITT DRAKE, Notary Public.

C.

I, John Swanson, of Victoria, Vancouver Island, in the Province of British Columbia, Dominion of Canada, master mariner, do solemnly and sincerely declare as follows:

[Page 107]

I have been a master mariner since the year 1855, and have been in the employment of the Hudson’s Bay Company on their ships trading on the Northwest Pacific coast, since the year 1842 to the present time, as a nautical man and mariner.

Referring to the questions submitted to me relative to the boundary line referred to in the Treaty of Oregon, in answer to the first question I declare, as aforesaid:

1. That, about 1845 and 1846, the Hudson’s Bay Company had a settlement at Langley, on the Fraser River, and the said settlement existed since 1827 or 1828.

2. In answer to the second question, I declare, as aforesaid, that up to 1845 and 1846, Hudson’s Bay Company’s ships, bound from Honolulu, in the Sandwich Islands; from Fort Vancouver, on the Columbia River; and San Francisco and Sitka, to Langley, passed through Fuca Straits and Rosario Strait. Also vessels trading between Fort Nisqually and Langley used to pass through Rosario Strait. Also vessels trading between Victoria and Langley used to pass through Rosario Strait.

3. In answer to the third question, I declare, as aforesaid, that to the best of my knowledge, information, and belief, Langley, on the Fraser River, was settled about the year 1827 or 1828.

4. In answer to the fourth question, I declare, as aforesaid, that about the time of the negotiation of the Treaty of June, 1846, the common opinion as to the object of Great Britain insisting on the forty-ninth parallel being deflected in a southerly direction, and through the Straits of Fuca to the Pacific, instead of cutting through Vancouver Island, was, that it was to secure access to her possessions to the northward of the forty-ninth parallel, through the Straits of Fuca.

5. In answer to the fifth question, I declare, as aforesaid, that Great Britain then held British Columbia up to parallel of north latitude 54° 40′, and Vancouver Island.

6. In answer to the sixth question, I declare, as aforesaid, that if the free navigation of the straits and adjacent channel was not guaranteed to Great Britain, access could only be secured and obtained to those possessions by ships going to the westward of Vancouver Island; and, as regards those possessions on the coast of British Columbia between the fifty-first and forty-ninth parallel, access would have to be sought through a strait which is intricate and difficult of navigation by reason of the strength of the tides.

7 and 8. In answer to the seventh and eighth questions, I declare, as aforesaid, that when the treaty was signed in June, 1846, and previous to that date, the channel which was known and used by vessels amongst the islands forming the Archipelago between Vancouver Island and the continent, to get access to the dominions of Great Britain, north of the forty-ninth parallel, was the Strait of Rosario, and that channel only; and it was then the only surveyed channel.

9. In answer to the ninth question, I declare, as aforesaid, that previous to the signing of the treaty in 1846, and also at that time, the only channel known to be navigable amongst the islands forming the Archipelago between Vancouver’s Island and the continent was the Strait of Rosario.

And I further declare, as aforesaid, that in the end of the year 1842 or beginning of 1843, I sailed from Vancouver, on the Columbia River, to Nisqually, on Puget Sound, and the vessel I was in was thence towed through Rosario Straits by the Hudson’s Bay Company’s steamer Beaver, and thence sailed through Gulf of Georgia and Johnston Strait [Page 108]to Sitka, and returned therefrom through Johnston Strait and Rosario Strait to Victoria.

During the years 1843 and 1844 I made several trips in the schooner Cadboro, from Victoria to Langley, through Rosario Strait, and back again from Langley to Victoria through Rosario Strait. I was occupied generally in making such voyages during those two years, and we always passed and repassed through Rosario Straits.

To the best of my recollection, in 1845 I made a voyage in the bark Vancouver, from the Columbia River to Fort Langley, through Rosario Strait, and back again to Victoria.

In the year 1846, to the best of my knowledge, information, and belief, no chart of Haro Strait soundings existed. The chart in use was that of Rosario Strait only, and from surveys made by Vancouver.

Previous to 1846, to the best of my knowledge, information, and belief, no sailing-vessel, except on the occasion of the Cadboro, went through Haro Strait under sail. If other sailing-vessels had, previous to 1846, passed through Haro Strait, I, as a sea-faring man on the northwest Pacific coast, should, in all probability, have heard of it.

The one occasion on which the Cadboro passed through Haro Strait was in 1843, and she then was carried by the tide in a calm, on her passage from Langley to Victoria, into Haro Straits, and we were then obliged to avail ourselves of the services of an Indian we met with as a pilot, as we had no chart by which to navigate.

And I, John Swanson above named, solemnly declare that the questions hereinbefore referred to are contained in the paper writing marked Z, shown to me at the time of making this declaration, and that I make the above statements conscientiously, believing the same to be true; and by virtue of the provisions of an act made and passed in the sixth year of the reign of His Majesty King William the Fourth, intituled “An act to repeal an act of the present session of Parliament, intituled ‘An act for the more effectual abolition of oaths and affirmations taken and made in various departments of the *state, and to substitute declarations in lieu thereof, and for the more entire suppression of voluntary and extra-judicial oaths and affidavits, and to make other provisions for the abolition of unnecessary oaths.’”[53]

JOHN SWANSON.

Declared at Victoria, in the Province of British Columbia, Dominion of Canada, this 27th day of September, 1871.

Before me:

M. W. TYRWHITT DRAKE, Notary Public.

To all to whom these present shall come: I, Robert Edwin Jackson, of the city of Victoria, Province of British Columbia, in the Dominion of Canada, notary public, duly admitted and practicing, in pursuance of an act of Parliament made and passed in the sixth year of the reign of His Majesty King William IV, intituled “An act to repeal an act of the present session of Parliament, intituled an act for the more effectual abolition of oaths and affirmations taken and made in various departments of the state, and to substitute declarations in lieu thereof, and for the more entire suppression of voluntary and extra-judicial oaths and affidavits, and to make other provisions for the abolition of unnecessary oaths,” do hereby certify that, on the day of the date hereof, personally came and appeared before me Alexander Caulfield Anderson, named [Page 109]and described in the declaration hereunto annexed, being a person well known and worthy of good credit, and, by solemn declaration which the said Alexander Caulfield Anderson then made before me, did solemnly and sincerely declare to be true the several matters and things mentioned and contained in the said annexed declaration.

In faith and testimony whereof I have hereunto set my hand and seal of office, and have caused the declaration to be hereunto annexed. Dated at Victoria aforesaid, the 15th day of September, in the year of our Lord 1871.

ROBT. E. JACKSON, Notary Public.

I hereby certify that Robert Edwin Jackson, whose signature is hereunto attached, is a notary public, duly admitted and practicing in the city of Victoria, Province of British Columbia, Dominion of Canada.

In testimony whereof I have hereunto set my hand and official seal this 4th day of October, A. D. 1871.

CHARLES GOOD, Colonial Secretary.

This is the paper writing marked D, shown to Henry Slye Mason at the time of his making his declaration, and therein referred to on the 29th day of September, 1871.

Before me:

M. W. TYRWHITT DRAKE, Notary Public.

D.

I, Alexander Caulfield Anderson, now of Saanich, Vancouver Island, in the Province of British Columbia, Dominion of Canada, settler, do solemnly and sincerely declare as follows:

I am an ex-chief trader, of the Hudson’s Bay Company, and late an agent of Lloyd’s for the Columbia River and the adjacent coasts, and from 1833 and 1851 I was under the several appointments held by me as an officer of the Hudson’s Bay Company, connected (with the exception of short intervals) directly or indirectly with the business of the said company on the Northwest Pacific coast, which business then required their vessels frequently to navigate the waters of the gulf, and the Archipelago, and Straits of Fuca, and during the greater portion of the said period, resided on, or was in constant communication with the Northwest Pacific coast.

1. In answer to the first question, I declare, as aforesaid, that about 1845 and 1846, the Hudson’s Bay Company had a settlement at Langley on the Fraser River, and other settlements higher up the river.

2. In answer to the second question, I declare, as aforesaid, that trading-vessels or other craft communicated with the settlement of Langley from foreign parts, and from the settlements of the Columbia River or its neighborhood, by the Straits of Fuca, the Straits of Rosario, and the Gulf of Georgia.

3. In answer to the third question, I declare, as aforesaid, that, to the best of my knowledge, information, and belief, Langley, on the Fraser River, was settled about the year 1827 or 1828.

4. In answer to the fourth question, I declare, as aforesaid, that about the time of the negotiation of the Treaty of June, 1846, the common opinion as to the object of Great Britain insisting on the forty ninth parallel being deflected in a southerly direction, through the Straits of [Page 110]Fuca to the Pacific, instead of cutting through Vancouver Island, was to secure access to her possessions to the northward of the forty-ninth parallel.

5. In answer to the fifth question, I declare, as aforesaid, that Great Britain then held British Columbia up to parallel of north latitude 54° 40′, and Vancouver Island.

6. In answer to the sixth question, I declare, as aforesaid, that if the free navigation of the straits and adjacent channel was not guaranteed to Great Britain, access could only be obtained to those possessions by ships going to the westward of Vancouver Island; and as regards those possessions on *the coast of British Columbia, between the fifty-first and forty-ninth parallel, access would have to be sought through a strait which is intricate and difficult of navigation by reason of the strength of the tides.[54]

7 and 8. In answer to the seventh and eighth questions, I declare, as aforesaid, that when the Treaty was signed in June, 1846, and previous to that date, the channel which was known and used by vessels amongst the islands forming the Archipelago between Vancouver Island and the continent, to get access to our dominions north of the forty-ninth parallel, was the Straits of Rosario, and that channel only, as it was then the only surveyed channel.

9. In answer to the ninth question, I declare, as aforesaid, that previous to the signing of the Treaty in 1846, and also at that time, the only channel known to be navigable amongst the islands forming the Archipelago between Vancouver Island and the continent of America was the Straits of Rosario.

I further declare, as aforesaid, the whole tenor of my experience during my said residence on or near the Northwest Pacific coast, was to the effect that the only recognized channel of approach to Fraser River, or to the northern parts by the inner passage through the Gulf of Georgia, was by the Straits of Rosario.

I further declare, as aforesaid, that in the winter of 1834, while on my way from Fort Simpson to the Columbia River, on board the Hudson’s Bay Company’s brig Dryad, Captain Kipling, we had orders to touch at Fort Langley on Fraser River. The track indicated to me upon Vancouver’s chart by the master, and which we purposed to follow, was by the Rosario Strait, the usual and only known channel at that time. Stress of weather and the failure of provisions compelled us to bear up for the Columbia, after endeavoring to enter the Straits of Fuca without having fulfilled our object of proceeding to Langley.

In 1841, while I was in charge of the Hudson’s Bay Company’s establishment at Fort Nisqually, on Puget Sound, the United States Exploring Expedition, under Commodore Wilkes, arrived there. Commodore Wilkes was desirous of detaching a surveying-vessel (the Porpoise, Commander Ringgold) towards Fraser River, and on his application for a pilot, one of the crew of the Hudson Bay Company’s steamer Beaver was sent on board. This pilot (whose name I think was Wade) was acquainted only with the Rosario Channel.

In June, or early in July, 1848, having conducted for the first time the brigade with the returns from the interior to Fort Langley on Fraser River, I traveled by canoe from that station to Victoria on Vancouver Island. Crossing the Gulf of Georgia, we passed through what has since been known as Plumper, or Active Pass, and then by the Strait of Haro. This was at that time known as the canoe-route, as distinguished from the established ship-route by the Rosario Strait.

In July, 1850, the schooner Cadboro, Captain Scarborough, arrived at[Page 111]Langley during my visit there from the interior, bringing supplies for the trade. The following year another vessel belonging to the company (the Recovery, I think) came to the mouth of Fraser River to receive our furs. In neither case did I hear any mention of the Haro Channel, or that any deviation from the old established track had occurred.

That as late as 1851, I may distinctly state my conviction, from personal knowledge of facts, that the Rosario Strait was the only authorized channel of communication followed by the vessels of the Hudson’s Bay Company. I have heard, indeed, that an experimental trip through the Haro Strait had, on one occasion, been made with the steamer Beaver, under Captain Brotchie, at that time master, but I understood likewise that the master was reprimanded on this occasion for his temerity. Whatever the partial explorations that had been made at an earlier period by the Spaniards, and afterwards by Commander Ringgold, of the United States Navy, the passage was incompletely known; and it was only after the survey performed under the direction of the present hydrographer of the Admiralty, Admiral Richards, in Her Majesty’s ship Plumper, that the capacity of the Haro Strait as a channel of communication, superseding to some extent the original route by the Rosario Strait, was publicly recognized.

In conclusion, I distinctly state that, up to the winter of 1852–’53, when we were surprised by the adverse position then suddenly advanced, no doubt was entertained by me, or any one that I know of in this quarter, acquainted with the facts, as to that interpretation of the Treaty which refers the water-line to the only ship-channel then known, the Rosario Strait.

And I, the above-named Alexander Caulfield Anderson, solemnly declare that I make the above statements conscientiously, believing the same to be true, and by virtue of the provisions of an act made and passed in the sixth year of the reign of His Majesty King William IV, intituled “An act to repeal an act of the present session of Parliament, intituled an act for the more effectual abolition of oaths and affirmations taken and made in various departments of the state, and to substitute declarations in lieu thereof, and for the more entire suppression of voluntary and extra-judicial oaths and affidavits, and to make other provisions for the abolition of unnecessary oaths.”

ALEXR. C. ANDERSON.

Declared at Victoria, Province of British Columbia, Dominion of Canada, this 16th day of September, 1871.

ROBT. E. JACKSON, Notary Public, Victoria, British Columbia.

I hereby certify that Robert Edwin Jackson, whose signature is attached to this document, is a notary public by royal authority, duly authorized, admitted, and sworn, and that he is resident and practicing in Victoria, Province of British Columbia, Dominion of Canada.

CHARLES GOOD, Colonial Secretary.

September 21, 1871.

*To all to whom these presents shall come: I, Montague William Tyrwhitt Drake, notary public by royal authority, duly authorized, admitted, and sworn, residing and practicing in Victoria, Province of British Columbia, Dominion of Canada, in pursuance of act of Parliament, [Page 112]made and passed in the sixth year of the reign of His Majesty King William IV, intituled “An act to repeal an act of the present session of Parliament, intituled an act for the more effectual abolition of oaths and affirmations taken and made in various departments of the state, and to substitute declarations in lieu thereof, and for the more entire suppression of voluntary and extra-judicial oaths and affidavits, and to make other provisions for the abolition of unnecessary oaths,” do hereby certify that, on the day of the date hereof, personally came and appeared before me Herbert G. Lewis, named and described in the declaration hereunto annexed, being a person well known and worthy of good credit, and, by solemn declaration which the said Herbert G. Lewis then made before me, did solemnly and sincerely declare to be true the several matters and things mentioned and contained in the said annexed declaration.[55]

In faith and testimony whereof I have hereunto set my hand and seal of office, and have caused the declaration to be hereunto annexed. Dated at Victoria, the 14th day of September, in the year of our Lord 1871.

M. W. TYRWHITT DRAKE, Notary Public.

I hereby certify that Montague William Tyrwhitt Drake, whose signature is hereunto attached, is a notary public, duly admitted and practicing in the city of Victoria, Province of British Columbia, Dominion of Canada.

In testimony whereof I have hereunto set my hand and official seal, this 4th day of October, A. D. 1871.

CHARLES GOOD, Colonial Secretary.

This is the paper writing marked E, shown to Henry Slye Mason at the time of his making his declaration, and therein referred to on the 29th day of September, 1871.

Before me:

M. W. TYRWHITT DRAKE, Notary Public.

E.

Herbert G. Lewis.

My name is Herbert G. Lewis, master mariner. I have been a master mariner since 1859. I came to this coast in 1847. I have been in the Hudson Bay Company’s service from that time till now, and during the greater part of that time I have been trading on the North Pacific coast, in charge of that company’s vessels.

2. In answer to question 2, I say: To the best of my knowledge, information, and belief, the only channel used by sailing-vessels going to Fort Langley on the Fraser River, through the Straits of Fuca, was the Rosario Straits, in the year 1848–’49.

4. In answer to question 4, I say: In the latter part of 1847 and in 1848 it was considered that the object was to give free access to British territory on the Northwest Pacific coast, up to the fifty-second parallel of latitude.

5. In answer to question 5, I say: She held Vancouver Island and she held British Columbia up to 54° 40′ north latitude.

[Page 113]

6. In answer to question 6, I say: Only by going to the westward of Vanconver Island.

7. In answer to question 7, I say: I can only speak to the period after 1847, and to the best of my knowledge, information, and belief, from thence to 1848 and 1849 the Haro Straits were not used by sailing-vessels; if they had been so used, I, as a sea-faring man on the Northwest Pacific coast, should have heard of it.

8. In answer to question 8, I say: The reason for Haro Straits not being used by sailing-ships in 1847, 1848, and 1849, was that it was then unsurveyed.

9. In answer to question 9, I say: As I before said, in 1847, 1848, and 1849, Rosario Strait was used as a surveyed channel, and Haro Straits had not been surveyed, and was not so used by ships.

Vancouver’s charts were used for these waters in 1847, and till 1854. I never knew the Spanish chart used, or any American chart used, about that time. To the best of my knowledge I never heard of a vessel going through Haro Straits, but only through Rosario Straits in 1847, 1848, and 1849.

The map A, especially as regards Haro Straits, is a most inaccurate representation of what was nautically known in 1847, 1848, and 1849; Haro Straits being then unknown, and Rosario Straits generally used by ships.

From 1847 till 1852 I was employed on board ships of the said company, trading between Honolulu and Victoria for the Hudson’s Bay Company, and Haro Straits have been from time to time navigated since 1852 by me.

Tides are very irregular on the east coast of Vancouver Island. This irregularity could hardly exist if Haro Strait was the channel through which the main volume of water ebbed and flowed.

Off East Point and Patos Island a current with the ebb and flood tide sets so strong as to render that part of Haro Straits unsafe for sailingvessels.

And I, Herbert G. Lewis, above named, solemnly declare that I make the above statements conscientiously, believing the same to be true, and by virtue of the provisions of an act made and passed in the sixth year of the reign of His Majesty King William IV, intituled “An act to repeal an act of the present session of Parliament, intituled an act for the more effectual abolition of oaths *and affirmations, taken and made in the various departments of the state, and to substitute declarations in lieu thereof, and for the more entire suppression of voluntary and extra-judicial oaths and affidavits, and to make other provisions for the abolition of unnecessary oaths.”[56]

HERBERT G. LEWIS.

Declared at Victoria, Province of British Columbia, this 14th day of September, 1871.

M. W. TYRWHITT DRAKE, Notary Public.

I hereby certify that M. W. Tyrwhitt Drake, whose signature is attached to this document, is a notary public by royal authority, duly authorized, admitted, and sworn; and that he is resident and practicing in Victoria, Province of British Columbia, Dominion of Canada.

CHARLES GOOD, Colonial Secretary.

September 21, 1871.

[Page 114]

To all to whom these presents shall come: I, Robert Edwin Jackson, of the city of Victoria, Province of British Columbia, Dominion of Canada, notary public, duly admitted and practicing, in pursuance of the act of Parliament made and passed in the sixth year of the reign of His Majesty King William IV, intituled “An act to repeal an act of the present session of Parliament intituled ‘An act for the more effectual abolition of oaths and affirmations taken and made in various departments of the state, and to substitute declarations in lieu thereof, and for the more entire suppression of voluntary and extra-judicial oaths and affidavits, and to make other provisions for the abolition of unnecessary oaths,’” do hereby declare that, on the day of the date hereof, personally came and appeared before me Roderick Finlayson, named and described in the declaration hereunto annexed, being a person well known and worthy of good credit, and, by solemn declaration which the said Roderick Finlayson then made before me, did solemnly and sincerely declare to be true the several matters and things mentioned and contained in the said annexed declaration.

In faith and testimony whereof I have hereunto set my hand and seal of office, and have caused the said declaration to be hereunto annexed. Dated the 30th day of September, A. D. 1871.

ROBT. E. JACKSON, Notary Public.

I hereby certify that Robert Edwin Jackson, whose signature is hereunto attached, is a notary public, duly admitted and practicing in the city of Victoria, Province of British Columbia, Dominion of Canada.

In testimony whereof I have hereunto set my hand and official seal, this 4th day of October, A. D. 1871.

CHARLES GOOD, Colonial Secretary.

This is the exhibit marked F, referred to in the annexed declaration of Roderick Finlayson, declared the 13th day of September, 1871.

Before me:

ROBT. E. JACKSON, Notary Public.

F.

Interrogatories relative to the northwest water-boundary question submitted to Roderick Finlayson.

1. About 1845–’46, had the Hudson’s Bay Company any fort or settlement on the Fraser River?

2. How did trading-vessels or other craft communicate with that fort or settlement from foreign parts, and from other settlements on the Columbia River or its neighborhood?

3. The date of the settlement of Fort Langley on Fraser River?

4. About the time of the negotiation of the Treaty of June, 1846, what was the common opinion of Great Britain insisting on the forty-ninth parallel being deflected in a southerly direction, through the Straits of Fuca to the Pacific, instead of cutting through Vancouver Island?

5. If to secure access to the possessions to the northward of the 49° parallel, state what possession Great Britain held to the northward of 49° and where?

6. If the free navigation of the straits and adjacent channel was not [Page 115]guaranteed to Great Britain, how could access be obtained to those possessions north of 49°?

7. When the Treaty was signed in June, 1846, and previous to that date, which channel was known and used by vessels amongst the islands forming the Archipelagos between Vancouver’s Island and the continent, to get access to our dominions north of 49°?

8. Forward proofs and affidavits, legally attested, by captains of vessels and others who made use of the channel then known, and their reasons for making use of it.

9. Previous to the signing of the treaty in 1846, and also at that time, how many channels were known to be navigable amongst the islands forming the Archipelago between Vancouver Island and the continent of America?

I, Roderick Finlayson, of Victoria, Vancouver Island, in the Province of British Columbia, Dominion of Canada, Chief Factor in the Hudson’s

Bay Company, do solemnly and sincerely declare as follows:

*I have been on the Northwest Pacific coast since A. D. 1840, and during all that time have been in the Hudson’s Bay Company’s employ. I have been a Chief Factor since 1859, and a Lloyd’s Agent since 1856, and from A. D. 1844 to 1847 I was the Chief Agent of the Hudson’s Bay Company at Victoria.[57]

Referring to the interrogatories relative to the northwest water-boundary question hereunto annexed, marked F, shown to me at the time of making this declaration, in answer to the first interrogatory I declare, as aforesaid:

1. That about A. D. 1845 and 1846, the Hudson’s Bay Company had a settlement at Langley, on the Fraser River, and the said settlement existed since 1827 or 1828.

2. In answer to the second interrogatory, I declare, as aforesaid, that up to A. D. 1845 and 1846, Hudson’s Bay Company’s ships, bound from Honolulu, in the Sandwich Islands, from Fort Vancouver, on the Columbia River, and San Francisco and Sitka, to Langley, passed through Fuca’s Straits and Rosario Straits; also vessels trading between Fort Nisqually and Langley used to pass through Rosario Strait.

3. In answer to the third interrogatory, I declare, as aforesaid, to the best of my knowledge, information, and belief, Langley, on the Fraser River, was settled about the year 1827 or 1828.

4. In answer to the fourth interrogatory, I declare, as aforesaid, that about the time of the negotiation of the Treaty of June, 1846, the common opinion as to the object of Great Britain in insisting on the forty-ninth parallel being deflected in a southerly direction, and through the Straits of Fuca to the Pacific, instead of cutting through Vancouver Island, was that it was to secure access to her possessions to the northward of the forty-ninth parallel through the Straits of Fuca.

5. In answer to the fifth interrogatory, I declare, as aforesaid, that Great Britain then held British Columbia up to parallel of north latitude 54° 40′, and Vancouver Island.

6. In answer to the sixth interrogatory, I declare, as aforesaid, that if the free navigation of the straits and adjacent channel was not guaranteed by Great Britain, access could only be secured and obtained to those possessions by ships going to the westward of Vancouver Island; and as regards those possessions on the coast of British Columbia, between the fifty-first and forty-ninth parallel, access would have to be sought through a strait which is intricate and difficult of navigation by reason of the strength of the tides.

7 and 8. In answer to the seventh and eighth questions, I declare, as [Page 116]aforesaid, that when the Treaty was signed in June, 1846, and previous to that date, the channel which was known and used by vessels among the islands forming the Archipelago between Vancouver Island and the continent, to get access to the dominions of Great Britain north of the forty-ninth parallel, was the Strait of Rosario, and that channel only; and it was the only surveyed channel.

9. In answer to the ninth interrogatory, I declare, as aforesaid, that previous to the signing of the Treaty in 1846, and also at that time, the only channel known to be navigable among the islands forming the Archipelago between Vancouver Island and the continent was the Strait of Rosario.

And I further declare, as aforesaid, that in A. D. 1840, I went from the Hudson’s Bay Company’s Station at Nisqually, Puget Sound, in the steamer Beaver, to Sitka, through Rosario Strait and Johnson Strait; and, in A. D. 1843, I returned from Sitka and other stations through Johnson Strait and Rosario Strait to Vancouver Island in the Beaver.

Previous to A. D. 1846, Rosario Strait was the channel for vessels coming to Victoria from Eraser River and the Northwest Pacific coast, or going from Victoria thereto.

And I, Roderick Finlayson, above named, solemnly declare that I make the above statements conscientiously, believing the same to be true, and by virtue of the provisions of an act made and passed in the sixth year of the reign of His Majesty King William IV, intituled “An act to repeal an act of the present session of Parliament, intituled ‘An act for the more effectual abolition of oaths and affirmations taken and made in various departments of the state, and to substitute declarations in lieu thereof, and for the more entire suppression of voluntary and extra-judicial oaths and affidavits, and to make other provisions for the abolition of unnecessary oaths.’”

RODK. FINLAYSON.

Before me:
ROBT. E. JACKSON, Notary Public.
[Page 117]