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Before me, Joseph H. Houghton, Clerk of the Supreme Court of said. Territory, came Thomas McManus, who being first duly Affidavits on the sworn, did depose and say that he had carefully read the canal de Haro. foregoing statement, and knew the contents thereof; that the same had been dictated by him; and that so much thereof as was stated from his own knowledge was true, and so much thereof as was stated on information he verily believes to be true.

Witness my hand and the Seal of said Court this 20th day of March, A. D. 1872.

[SEAL.]

JOSEPH H. HOUGHTON, Clerk Supreme Court, Washington Territory.

Affidavit of Adam Benson.

UNITED STATES OF AMERICA,

Territory of Washington, ss:

I, Adam Benson, of Pierce County, Washington Territory, do solemnly declare upon oath that I am a citizen of the United States, of the age of fifty-six years, and a native of the North of Scotland. I came to this Territory, then Oregon, in the service of the Hudson Bay Company in 1836, and stopped at Fort Nisqually, in what is now Pierce County. I was a shepherd and herder of the Company's sheep, after Fort Victoria was established in 1842. I made a trip in charge of the company's sheep from Fort Nisqually to Fort Victoria, in the spring of 1845, just before potato planting. From thence the Steamer Beaver towed the ship Columbia to the mouth of Fraser's River. Haro channel in 1945, We went through the Channel between Vancouver's Island and San Juan Island. Captain Dodd was the master of the Steamer Beaver. I fix the year 1845, because it was the year that Colonel Simmons came and settled at New Market. I remember that Fort Victoria had only been established two or three years, and all the buildings were not up when I was there.

TERRITORY OF WASHINGTON,

County of Thurston, ss:

The steamer Beaver towed the ship Columbia through

ADAM BENSON.

Before me, Joseph H. Houghton, Clerk of the Supreme Court of said Territory, came Adam Benson, who, being first duly sworn, did depose and say that he had carefully read the foregoing state*ment, and knew the contents thereof; that the same had been dictated by him and was true.

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Affidavits on the canal de Haro.

In testimony whereof I have hereunto set my hand, and affixed the seal of said Court this twenty-seventh day of March, A. D. 1872. [SEAL.] JOSEPH H. HOUGHTON,

Clerk Supreme Court, Washington Territory.

Affidavit of William N. Horton.

UNITED STATES OF AMERICA,

Territory of Washington, ss:

I, William N. Horton, now of the City of Olympia, County of Thurston, and Territory aforesaid, do solemnly declare upon oath, that I am

a native-born citizen of the United States, of the age of forty-two years, and am a Steamboat Engineer by profession. I came to Portland, Oregon, in June, 1850. I came to Puget Sound in May or June, 1854, since which time Olympia has been my residence when upon shore. Early after coming to the Sound, I made a trip in the Sloop Sarah Stone, Captain Thomas Slaten, to all of the Sound Ports, extending our voyage to Fort Victoria, and Nanaimo, upon Vancouver's Island. We went and returned through the Canal de Haro; at that time it was the only channel used by all Coal Vessels going to and from Nanaimo, by the Hudson's Bay Company's Steamers Beaver and Otter in their trips North from Fort Victoria to the trading-posts on the Northern Coast. Indeed it is the only channel which can be profitably or safely used in going from the Straits of Fuca into the Gulf of Georgia, and the inland waters to the North. It was then used by those Steamers, for on that trip, or shortly after, I have seen both of those Steamers, either going from or returning to the then Fort Victoria, now the City of Victoria, on Vancouver's Island.

From the spring of 1855 up to 1858, I was running a Steamer on the Sound, and made numerous trips to Victoria, and saw Steam and other vessels in the Canal de Haro. I never saw or heard of any vessel ever using the Rosario Straits to get into the Gulf of Georgia. In 1858 I was employed on various Steamers running to Fraser's River, and continued in that business until 1861. The whole trade between Victoria and Fraser's River,*in all classes of vessels, was entirely and exclusively done in the Canal de Haro.

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Affidavits on the

I know both channels, having run in both as pilot and Engineer. Haro Channel for all vessels is infinitely superior to Rosario canal de Haro. Straits. It is broader, deeper, more direct, less sunken rocks, and the Canal de Haro is perfectly safe at night or in a fog, which I cannot say of Rosario Straits. The currents are strong in both, but in the Canal de Haro much the more regular.

I have very frequently seen the Northern Indians coming and going through Haro Channel, and from my information I believe that such Channel has always been used by them in their trading trips from the North to Fort Victoria. Indians follow customs tenaciously, and do not change their routes; and as this was their custom in 1854, I am positive it was previous thereto.

TERRITORY OF WASHINGTON,

W. N. HORTON.

did de

County of Thurston, ss: Before me, Joseph H. Houghton, Clerk of the Supreme Court of said Territory, came William N. Horton, who, being first duly sworn, pose and say, that he had carefully read the foregoing statement, and knew the contents thereof; that the same had been dictated by him; and that so much thereof as was stated from his own knowledge was true, and so much thereof as was stated upon information he verily be lieves to be true.

In testimony whereof, I have hereunto set my hand and affixed the Seal of said Court this 30th day of March, A. D. 1872. [SEAL.]

JOSEPH H. HOUGHTON,

Clerk Supreme Court, Washington Territory.

Affidavit of John McLeod.

UNITED STATES OF AMERICA,

Territory of Washington, ss:

I, John McLeod, of Pierce County, Washington Territory, do solemnly declare upon oath that I am a naturalized citizen of the United States, of the age of fifty-six years, and was born in Lewes Island, North of

Scotland. I arrived in this Territory, then Oregon, in the service [90] of the Hudson's Bay Company, in the Fall *of 1838, at Fort Nis

Canal de Haro regularly navigated by vessels of Hudson's Bay Company since 1842.

qually on Puget Sound, and immediately was put on board of the Company's Steamer Beaver; Captain McNeil was then master. While I was on board, she was also commanded by Captain Brotchie and Captain Duncan. My duty was that of Stoker. Up to 1842, when Fort Victoria was established on Vancouver's Island, she made two trips up North from Fort Nisqually annually, in collecting furs. I continued on board until the spring of 1844, (April, I think,) since which time I have lived in Pierce County, near Fort Nisqually. I know San Juan Island, and the channel between it and Vancouver's Island. I made in the Steamer Beaver, after 1842, and till I was discharged, at least two trips to the North each year, that is to say in 1842 and 1843. While building the Fort at Victoria till the buildings were well up, we staid in the harbor as a Guard against the Indians, and while thus delayed the Beaver towed the Schooner Cadboro, two or three times to the mouth of Fraser's River. In all her trips North from Fort Victoria to Fort Simpson, and back, and in towing the Cadboro to Fraser's River, we always went through the channel between Vancouver's Island and San Juan Island. After 1842 the Steamer Beaver only came to Fort Nisqually on particular business. Her regular trips twice a year were made between Fort Victoria, on the Island of Vancouver, and the trading-posts north of the Gulf of Georgia. I can remember at least eight or nine trips through the channel between Vancouver's Island and San Juan Island, while I was engaged as Stoker on the Steamer Beaver.

His

JOHN MCLEOD.

Mark.

TERRITORY OF WASHINGTON,

County of Thurston, ss:

Before me, Joseph H. Houghton, Clerk of the Supreme Court of said Territory, personally came John McLeod, who, being by me first duly sworn, did declare and say that he knew the contents of the foregoing affidavit; that the same had been dictated by him and carefully read to him, and that the same was true.

In testimony whereof, I have hereunto set my hand and the seal of said Court, this third day of April, A. D. 1872. [SEAL.]

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JOSEPH H. HOUGHTON, Clerk Supreme Court, Washington Territory.

*Affidavit of W. H. Gray.

ASTORIA, April 8, 1872.

The undersigned was in Fort Vancouver, on the Columbia River, Oregon, in the month of January, 1837. During my stay at Affidavits on the that port of the Hudson's Bay Company, news came that canal de Haro.

one of the Company's vessels, I think it was the Steamer Beaver, had passed Haro Straits, and found it a shorter, deeper, and better channel from the Gulf of Georgia to Victoria than that nearer the main land.

I was informed, by the Masters of the Hudson's Bay Company's vessels, several of whom I have been well acquainted with since the winter of 1837, that the Haro Channel was the safest and the one they preferred to any other.

From 1858, and onward, I have frequently and invariably passed through the Haro Channel in American and the Company's steamers, and been assured by all the masters that it was preferable to any other. As to the question of the Company or British ignorance of the Haro Channel, I verily believe it wholly fictitious, and that it was well known to them as early as 1837, and that the Steamer Beaver had passed and repassed it from Victoria, on Vancouver's Island, to Fort Langley, on Fraser's River.

I, W. H. Gray, do solemnly swear that the foregoing statements are true to the best of my knowledge and belief. So help me God.

W. H. GRAY.

Subscribed and sworn to before me, this 8th day of April, 1872.
A. VAN DUSEN,

[L. S.]

Notary Public for Clatsop County, State of Oregon.

Affidavit of J. A. Gardiner.

The undersigned was one of the seamen on the Exploring Squadron of Captain Wilkes, of the United States, on the American Coast in 1840

-41, and knows that the Channel de Haro, or Belview Channel, [92] was explored during the continuance of the surveying *expedition upon the Coast, in 1841, and knows that it has been for the last thirteen years universally used by both British and Americans, and is the preferable Channel to any other.

Affidavits on the canal de Haro.

J. A. GARDINER, First Officer S. S. California.

STATE OF OREGON, County of Clatsop, ss:

On this 16th day of April, A. D. 1872, personally appeared before me the above-named J. A. Gardiner, and to me personally known, who subscribed his name in my presence and swore, according to law, to the truth of the above statement. [NOTARIAL SEAL.]

A. VAN DUSEN,
Notary Public.

Statements of William H. Oliver made before the Consul of the United States of America, residing at Victoria, Vancouver Island, March 13, A. D. 1872, touching upon the navigation of the Canal de Haro and Rosario Straits.

On this thirteenth day of March, A. D. one thousand eight hundred and seventy-two, personally appeared before me, David Eckstein, Consul of the United States of America for the Province of British Columbia, Dominion of Canada, residing at the port of Victoria, Vancouver

Island, William H. Oliver, who, being first duly sworn, states as follows:

My age is forty-eight years; my residence is Victoria, Vancouver Island. I have resided here most of the time since eighteen hundred and fifty-eight. I am a retired merchant. I am acquainted with the route of travel by water, by steamers and sail-vessels, British and American, in making trips from Victoria to the Gulf of Georgia and Fraser River, since the year eighteen hundred and fifty-eight. So far as my knowledge extends, the Canal de Haro has been and now is universally used by all classes of vessels.

In eighteen hundred and fifty-eight, in December, or in January, eighteen hundred and fifty-nine, I went, as a passen- Affidavits on the [93] ger, on the *Hudson Bay Company's steamer Beaver, canal de Haro.

from Victoria to "Derby" or "Old Langley," as it was called, on Fraser River, and passed through the Canal de Haro, in going and returning. At that time and since, the Canal de Haro is the channel generally, and I think exclusively used by British Steamers and others in going to and returning from Fraser River and Gulf of Georgia to Victoria. Masters of vessels, and navigators generally, have expressed the opinion to me repeatedly, that the Canal de Haro was not only a superior channel to any other between the Continent and Vancouver Island, but was the only one used by mariners in passing from Victoria to the Gulf of Georgia and the Fraser River.

I have been acquainted with William H. McNeil, formerly Chief Factor in the Hudson Bay Company, personally since 1864, and by reputation since 1858. Since the sixth of the present month I have had a conversation with William H. McNeil, in which I asked him to state at what time the Hudson Bay Company commenced using the Canal de Haro, by steamers and other vessels employed in carrying their fur trade, and the reasons why they had not used it at an earlier day. He stated to me that the Hudson Bay Company commenced using the Canal de Haro, for the above purpose, soon after they established their Trading-post on Vancouver Island, which was, as he said, in eighteen hundred forty-two, or eighteen hundred and forty-three; and that the Company continued to use it, more or less, from that time on.

And, further, that the Hudson Bay Company ascertained the value of the Canal de Haro for purposes of navigation, at the time of their commencing to use it as above stated. He further stated that the reason why the Hudson Bay Company had not used the Canal de Haro previous to establishing their Trading-post on Vancouver Island, was their want of knowledge of its real value for purposes of navigation. On pressing my inquiries further upon the subject, the said William H. McNeil stated to me distinctly and positively that the Hudson Bay Company navigated the Canal de Haro with ularly navigated by their Steamers as early as one thousand eight hundred and Bay Company since forty-two and continued to navigate the said Canal de Haro thereafter exclusively, in carrying on their trade between Victoria and points on the Gulf of Georgia and Fraser River. William H. McNeil has been in the Hudson Bay Company service since 1837.

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Canal de Haro reg

vessels of Hudson's

1842.

W. H. OLIVER.

*CONSULATE OF THE UNITED STATES OF AMERICA, Victoria, Vancouver Island, British Columbia.

I, David Eckstein, Consul of the United States of America, residing at Victoria, Vancouver Island, do hereby certify, that on Affidavita or. the this thirteenth day of March, Á. D. one thousand eight hun- canal de Haro.

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