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 [51] *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 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 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. [52] CHARLES GOOD, *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. Before me: 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: 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 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 herein before 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 [53] 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."" 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, 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 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, 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, D. Notary Public. 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 |