Page.

MEMORIAL ON THE CANAL DE HARO, &c.-Continued.

taché à la Légation de France à Mexico." Mofras describes the chan-

nel of Haro as the best.

56

56

No. 49. Paley's Works, edition of 1825, vol. iv, p. 85. Ambiguity no escape

from the proper sense of a promise

56

No. 50. Secretary Monroe to the American commissioners for treating for

peace with Great Britain, March 22, 1814. American commissioners

instructed, in 1814, to yield nothing south of 49°

II.

56

CASE OF THE GOVERNMENT OF HER BRITANNIC MAJESTY SUBMITTED

TO THE ARBITRATION AWARD OF HIS MAJESTY THE EMPEROR OF

GERMANY, ETC.

Case of the Government of Her Britannic Majesty.

The question for decision

Treaty of June 15, 1846, (Article I).

Treaty of May 8, 1871, (Article XXXIV).

The strait of Georgia

The Rosario Strait

The Canal de Haro..

Origin of the names of the two channels.

Extent of Fuca's Strait...

Navigation of Fuca's Straits

Rules for the interpretation of treaties...

The first rule of interpretation in its application to the treaty of 1846

The second and third rules of interpretation. The context of the treaty
considered. The consonance of the second and third paragraphs of
the treaty. Reason of the third paragraph...

The fourth rule of interpretation. The motive of the treaty.
The object of the treaty. No name is given to the channel...

The fifth rule of interpretation. A favorable interpretation to be preferred
to an odious interpretation. The charts in use in 1846

189382882222

The sixth rule of interpretation. The presumption is in favor of the pos-

sessor of a thing..

78

79

Recapitulation of facts

APPENDIX:

No. I. Articles XXXIV to XLII of the treaty between Great Britain and

the United States of America, signed at Washington on the 8th May,

1871...

81

No. II. Copy of treaty between Great Britain and the United States of

America, signed at Washington on the 15th June, 1846

No. III. A narrative of the passage of His Britannic Majesty's ships Dis-

covery and Chatham, under the command of Captain Vancouver,

through the Straits of Juan de Fuca, and through the channel known

at the present day as the Rosario Strait, to Birch Bay, situated in the

ancient gulf of Georgia, S. 23 W. and N. 72 W., (extracted from vol.

I of Captain Vancouver's Voyages, published in 1798)...

No. IV. A narrative of the voyages made by the Spanish vessels Sutil

and Mexicana, in the year 1792, to explore the strait of Fuca .

(A reference to the voyage of sub-lieutenant Don Manuel Quimper, in

1790, to the strait of Fuca, extracted from chapter I of the Narrative

of the Voyage of the Sutil and Mexicana, in 1792.)...

No. V. 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 Vaucouver's Island and the continent of America....

No. VI. Attested copy of the log of Her Majesty's steamship Cormorant, in

the months of September and October, 1846..

83

85

88

98

117

III.

REPLY OF THE UNITED STATES TO THE CASE OF THE GOVERNMENT OF

HER BRITANNIC MAJESTY.

I. The British Case

II. Reply to the arguments of the British Case

123

129

No. 51. Correspondence between Mr. Bancroft, Mr. Buchanan, and Lord

Palmerston

147

Mr. Bancroft to Mr. Buchanan, November 3, 1846. The straits of Haro

the treaty boundary..

147

Mr. Buchanan to Mr. Bancroft, December 28, 1846. Instructs Mr. Ban-

croft that Haro is the boundary-channel.

147

Mr. Bancroft to Mr. Buchanan, March 29, 1847.

of the designs of the Hudson's Bay Company.

Mr. Bancroft to Mr. Buchanan, August 4, 1848. Mr. Bancroft's inter-

view with Lord Palmerston..

Warns Mr. Buchanan

148

148

Mr. Bancroft to Lord Palmerston, July 31, 1848. Mr. Bancroft writes to

Lord Palmerston that Haro is the boundary.

149

Mr. Bancroft to Mr. Buchanan, October 19, 1848. Mr. Bancroft continues

the suggestion that unjust claims may be made............

149

Mr. Bancroft to Lord Palmerston, November 3, 1848. Mr. Bancroft offi-

cially informs Lord Palmerston that the boundary runs through the

middle of the channel of Haro....

150

Lord Palmerston to Mr. Bancroft, November 7, 1848. Lord Palmerston

gives the acquiescence of silence to the Haro Channel as the boundary

No. 52. Mr. Bancroft to Mr. Campbell, June 15, 1858. Mr. Bancroft refers

Mr. Campbell to his correspondence with Lord Palmerston ...

No. 53. Declaration of Rear-Admiral Wilkes, February 16, 1872. Rear-

Admiral Wilkes on the channel of Haro

150

150

151

No. 54. Commodore Case to the Secretary of the Navy, February 13, 1872.

Statement of Commodore Case on the Canal de Haro..

152

No. 55. Mr. Gibbs to the Secretary of State, February 20, 1872.

of Mr. George Gibbs on the Canal de Haro..

No. 56. Extract from letter of Messrs. Campbell and Parke to the Secre-

tary of State, February 3, 1872. Why the vessels of the Hudson Bay

Company used the so-called Rosario Straits....

Statement

153

154

No. 57. Mr. Campbell to the Secretary of State, January 19, 1872. The

Haro Channel the usual channel....

155

No. 58. The Attorney-General to the Secretary of State, April 6, 1872..

Mr. Crosby to the Attorney-General, April 2, 1872. Why the so-called

Rosario Strait was used. The Canal de Haro used by the vessels of

the Hudson's Bay Company before 1846

No. 59. Brigadier-General Canby to the assistant adjutant-general at San

Francisco, April 2, 1872....

159

Why the so-called Rosario Strait was used

159

No. 60. Report of Captain G. H. Richards, October 23, 1858, in papers re-

lating to British Columbia, presented to both houses of Parliament,

by command of Her Majesty, August 12, 1859...

159

Description of Haro Channel by Captain Richards, British boundary

commissioner

159

No. 61. Affidavits concerning the navigation of the Canal de Haro

William J. Waitt: Haro Channel used exclusively for northern trade

since establishment of Fort Victoria, 1842 .

162

Francis Tarbell: Haro Channel used by Hudson's Bay Company since

establishment of Fort Victoria.....

The steamer Beaver towed the ship Columbia through Haro Channel in

1845

Page.

REPLY OF THE UNITED STATES, &c.-Continued.

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

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

since 1842.

171

Charles M. Bradshaw.

172

Uriah Nelson....

173

No. 62. Extract of the report of the voyage of de Eliza, forwarded Decem-

ber 29, 1791, from Sau Blas, by Juan Pantoja y Arriaga..

Survey of the Canal de Haro by the Spaniards in 1791.

Discovery of the broad upper channel of Rosario..

174

174

176

No. 63. Extract from the instructions to Commander George Vancouver,

by the commissioners, for executing the office of Lord High Admiral

of Great Britain and Ireland, &c

177

Vancouver followed the lead of Americans. His instructions..............

No. 64. Extract of voyage of Captain Vancouver. No soundings appear

on Vancouver's map where the water is of great depth

177

177

Where Fuca's Strait ends

No. 66. Four years in British Columbia and Vancouver Island, by Com-

mander R. C. Mayne..

No. 65. Extracts from the remarks of Mr. Daniel Webster in the Senate of

the United States, March 30, 1846

178

178

178

Facts and figures relating to Vancouver Island and British Columbia, by

J. Despard Pemberton...

178

Limited extent of Fuca's Straits.

178

The Hudson's Bay Company expel Americans from the fur-trade.

Affidavit of W. H. Gray

No. 67. Extract from a letter of Sir J. Pelly, governor of the Hudson's Bay

Company, to the Lords of the Committee of Privy Council for Trade,

February 7, 1838

179

179

179

Extract from a letter of Sir J. Pelly, governor of the Hudson's Bay Com-

pany, to the Earl of Aberdeen..

180

The Hudson's Bay Company suggest to Lord Aberdeen to draw the

boundary-line through the channel used by Vancouver.

180

No. 68. Mr. Crampton to Mr. Buchanan, January 13, 1848..

181

No. 69. Extract from additional instructions to Captain Prevost, Decem-

ber 20, 1856

The British Government wishes the American to agree on the channel

used by Vancouver as the boundary..

181

181

No. 71. Mr. Edward Everett to Mr. Campbell, (extract,) May 29, 1858

Mr. Everett on the channel of the treaty..

No. 70. Captain Prevost to Mr. Campbell, (extract,) October 28, 1857.

Admiral Prevost on the channel of the treaty

The British Government in 1856 does not claim the so-called Rosario as

the boundary

181

182

182

182

182

No. 72. Mr. Campbell to Mr. Cass, (extract,) February 10, 1858..

Lucid statement of Mr. Campbell on the channel of the treaty.

No. 73. Lord John Russell to Lord Lyons, (extracts,) August 24, 1859...

The British Government announces its intention of obtaining the Island

of San Juan....

183

183

184

184

Sir Richard Pakenham on the water-boundary under the Oregon treaty

of 1846....

185

Sir R. Pakenham, in 1859, denies the Rosario to be the channel of the

treaty

185

No. 75. Lord John Russell to Lord Lyons, (extracts,) December 16, 1859..

The British government in 1859 does not claim the so-called Rosario as

the boundary

Lord John Russell does injustice to the moderation of his own adminis-

tration in 1848. Lord Palmeston gave the acquiescence of silence....

No. 76. Abstract of the returns of the ninth census from the "disputed'

islands in the county of Whatcom, Territory of Washington...

The population of the Haro Archipelago more than two-thirds American

Charts and maps to memorial and reply....

Sir R. Pakenham misstates Lord Aberdeen's instruction by suppressing

his description of the channel of the treaty

No. 74. Mr. Cass to Mr. Dallas, October 20, 1859.

Mr. Cass on the channel of the treaty...

185

186

186

188

188

188

189

189

189

IV.

SECOND AND DEFINITIVE STATEMENT ON BEHALF OF THE GOVERNMENT

OF HER BRITANNIC MAJESTY.

Part I

Part II

Part III.

Part IV

Part V.

Historical notes, 1818 to 1846:

1818

1824

1826, 1827

1827-1842

1843

1844

1845

1846

Chronological list showing the names and dates of appointment of the

various Principal Secretaries of State for Foreign Affairs in Great Brit-

ain and British Ministers at Washington, and of the various Presidents

and Secretaries of State of the United States, and United States Minis-

ters at London, from 1818 to 1872

Page.

195

197

199

207

209

217

217

218

218

219

220

223

226

233

APPENDIX:

Memorandum relative to the origin and privileges of the Hudson's Bay

Company

241

No. 1. Extract showing the views of Earl of Aberdeen and Sir Richard

Pakenham.

244

Lord John Russell to Lord Lyons, August 24, 1859

244

No. 2. Correspondence between Mr. Bancroft and Mr. Buchanan

Inclosure in above memorandum by Sir R. Pakenham on the water-

boundary under the Oregon treaty of 1846.

Mr. Bancroft to Mr. Buchanan, November 3, 1846.

244

245

245

Mr. Buchanan to Mr. Bancroft, December 28, 1846.

245

No. 3. Letters of Mr. Crampton showing Mr. Buchanan's opinions.

246

Mr. Crampton to Viscount Palmerston, January 13, 1×4-

246

Mr. Crampton to Mr. Marcy, February 9, 1856.

247

No. 4. Conversation and correspondence between Mr. Bancroft and Vis-

count Palmerston

Mr. Bancroft to Viscount Palmerston, November 3, 1848.

Viscount Palmerston to Mr. Bancroft, November 7, 1848.

No. 5. Proposed amendment to Article II of treaty

Mr. Buchanan to Mr. MacLane, June 13, 1846

250