Map C. the treaty speaks of the "channel," for that part south and west of Birch's Bay, it must mean the channel of Haro, for no other "channel" was known to the negotiators. The channel of Haro was on the map of Vancouver, the highest English authority, and on the map of Wilkes, the highest American authority at the time when the treaty was signed; and no other channel is named on either of these maps, or on any map used by the negotiators. On the chart of those waters by Duflot de Mofras, published in 1844, under the auspices of Louis Philippe and the French ministry, channel of Haro is named, and no other. In the collection of maps in the Royal Library at Berlin, not a single German or other map, anterior to June, 1846, names any other channel than that of Haro. How is it pos Map E. the sible, then, that any other channel could have been intended, when [26] no other was named on any map which it can be pretended *was known to Lord Aberdeen or Mr. MacLane, to Mr. Buchanan or Mr. Pakenham ? Map H. Again, the word "channel," when employed in treaties, means a deep and navigable channel; and where there are two navigable channels, by the rule of international law, preference is to be given to the largest column of water. Now, compared with any other channel through which a ship could pass from the sea at the forty-ninth parallel to the Straits of Fuca, the channel of Haro is the broadest and the deepest, the shortest and the best. Its maximum width is six and a half English miles, and there is no other channel of which the maximum width exceeds four miles. The narrowest part of the channel of Haro is about two and a quarter English miles, and there is no other channel of which the minimum width exceeds about one and a quarter English miles. With regard to depth, the contrast is still more striking. A cross-section on the parallel of 48° 45′ shows the Canal de Haro to be there about a hundred and twenty fathoms deep, about twice as deep as any other; on the parallel of 48° 35′ the Canal de Haro is nearly a hundred and fifty fathoms deep, against thirty fathoms for any competitor; on the parallel of 48° 25' the Canal de Haro has nearly a hundred and ten fathoms, while no other passage has more than forty. Not only is the volume of water in the Canal de Haro vastly greater than that in any other passage-a single glance at any map shows that it is the shortest and most direct way between the parallel Appendix No. 48, of 49° and Fuca's Straits. Duflot de Mofras describes it as P. 55, l. 17–19. notoriously the best. If the channel of Haro excelled all others only on one point—if it were the widest though not the deepest, or the reverse, or, if being the widest and deepest, it were not the shortest and best, there might be some degree of color for cavil; but since the channel of Haro is the broadest and the deepest, and the shortest and the best, how can any one venture to pretend that any other is "the channel" of the treaty [27] *"THE CHANNEL WHICH SEPARATES THE CONTINENT FROM VAN COUVER ISLAND.” The next words of the treaty are: "The channel which separates the continent from Vancouver Island," and this, from latitude about 480 46', can be no other than the Canal de Haro. It is the only one which from that latitude to "Fuca's Straits" separates the continent from Vancouver Island. There are other passages which divide islands from islands, but none other separates the continent from Vancouver Island. In the statement the continent is properly named first, because it is far away in the interior of the continent that the line begins, and it is the continent that the line leaves in going toward Vancouver. But when a great continent like North America is spoken of as distinguished from a large island lying near it, the intervening cluster of smaller islands would, according to all geographical usage, be taken as included with the continent, and thus the channel of Haro divides the continent from Vancouver. But we will not waste words. Nobody can dispute that the Canal de Haro washes the eastern shore of Vancouver Island, and separates that island from the continent. "AND THENCE SOUTHERLY." The next words in the treaty are: "And thence southerly." The southerly deflection from the forty-ninth parallel is made to avoid cutting Vancouver Island, and must be limited to that object. The movement of the boundary line is steadily west to the Pacific. The treaty knows only two points of compass: "westward" and this "southerly" deviation from the due west course. The southern deflection, therefore, must always be accompanied with the idea of a western direction; and of two channels going in a "southerly" direction, that which least interrupts the general "westward" direction of the line must be chosen as the channel of the treaty. [28] *“ THROUGH THE MIDDLE OF THE SAID CHANNEL AND OF FUCA'S STRAITS TO THE PACIFIC OCEAN." The next words of the treaty are: "Through the middle of the said channel and of Fuca's Straits to the Pacific Ocean." The treaty contemplates a continuous channel to the Pacific; the channel of Haro and Fuca's Straits form such a continuous channel, and a glance at the map will show that no other channel can pretend to do so. So, then, the description of the treaty as a whole applies to no channel but that of Haro; and every single phrase, taken separately, points also to that channel, and to that channel alone. "THE STRAITS OF ROSARIO." And yet the British government ask the Imperial arbitrator to find the channel of the treaty in a passage for which, in January, 1848, they had no name and no other description than "the wide channel to the east of numerous islands, which is laid down by Vancouver," and which now, in 1871, they call by the name of "the Rosario Straits." Map C. My first request is that the Imperial arbitrator will ascertain where on the 15th of June, 1846, the day when the treaty was signed, the negotiators supposed Rosario Straits to lie. On that day the name "Straits of Rosario" was, on every map used by the negotiators, placed upon the waters which divide the island of Texada from the continent, far north of the parallel of 49°. There it lies fast, anchored on the map of Vancouver, published in 1798; it holds the same. place in the atlas of the French translation of Vancouver. There, too, it is found on the French map of Duflot de Mofras, published in 1844; and also on the map of Wilkes, published in 1845; and there, too, on the British map of Vancouver Island, published by the geographer to the Queen, so late as 1848. Then, since all British and American maps, which in 1846 *had on them the name "Straits of Rosario," located those straits far to the Map E. [29] allos Num: 2) CARTA ESFERICA de los Reconocimientos hechos en la forta NO. DE AMÉRICA Brazo del -1o de Concha AN CLAUCUAN YNITINAT Plade Terron del Arco en 1791 y g2 por las Golelas sutil y Mexicana B. de Bustamante·· Alberni plu de Leonardo Ride Grulla CANAL DEL ROSARIO po Ceped plode Bonilla pla des Juan Boous Fala del Descar pla dela Magdalena plodel Andlage plode Sasamat Enda del Engano pa de su Rafael Ensda del Garzon da de Lara Ens *50° 49° ENTRADA DE JUAN DE FUCA SJuan Is de Bonilla plade Moreno Bahia de Quimper Enfda de Davita Enfda de Mogos Vipi. Enfday Rde los Martires Bocas de Cacam Canal de Hood Coamano Pa dela Bastida plo de Gray Posector 48° Canal del Atazgo 48° 47° Ens" de Malabrigo D. MAP OF THE SUTIL Y MEXICANA. 1792. (Published in 1802.) 47° Boca a Manino NOTES. This is a copy of an extremely interesting chart preserved this statement it is easy to convince us by a comparison -50° inthe Archives of the Topographical Bureau in Washington among other of the dates and numes given on the chart with the manuscript charts come from Mexico. The original chart comprises the whole of Vancouver island. We give here however only that part of it, cœlion in the Journal of the Spanish voyage to these TCdodes and names, given in the reports on Elizas explor which representsDeFuca Strait and the Rosario Channel so as gions under Valdes and Guliano (1792) Everything, they were surveyed and explored in the year 1791. by the Spanish what we learn from this report agrees with what navigator Eliza In the title of the Chart,translated into English is stated we see depicted on the chart, which is very accurately the following, drawn, and which is the very chart, made by Eliza himself or at least a true copy of it. nd chart which contains the interior and turning of the Coast " " del Rosario. Longitude of the Meridian of S-Blas and afterthe nearest Astronomical Observation, The chart is so very interesting, and valuable, because we see the discoveries of Eliza so minutely depicted on it. Eliza was thefirst, who penetrated into the RosarioChannel the first who gave this and many other names, We have no special journal of his voyage, we possess only the scattered allusions to his expedition in the said work of Galiano and Valdes. I have also never seen be. made in this port of Santa Cruz de Nuca Nootka)fore his chart, nor ever heard it alluded too. I believe it in this year of 1791, by the Captain of the nuvy Don was perfectly unknown to all the historians of the North »Alexandra Malaspina. All those reconnoiterings were made in this year 1791. From this we see, that the chart pretends to have been made in the year 1791. and to represent the surveys and discoveries of Don Francisco Eliza And of the truth of de la faguada Bocas western discoveries. Eliza penetrated nearly to the central part of the great Gulf of Georgia. His names were nearly all adopted and preserved by his succes sors Galiano and Valdes in the year 12 and we shall meet them again on the chart of these navigators. (See our collection) Boca de Florida blanca Ya de Jexada de Boca de Valdez Yde Lerena o Carrasco 49° 0* 200 Canal de Alberry Ya delasquety Nuestro pla de St.Leonardo „BodaNunezlaona, Pla de Hisosa Boca de Alava 19° Bocas de Baxan Boca de Poliel 23 YaeMoralesa Cigedo pto d Ysla Yde Augayo 33 yArchipie-) lago de SrJuan Pto de Herrera Bocade Orcasitas ბე Estrecho de Juan de Rada de Bli za to play Morena de la Vega Frica Ys de Bonilla +3 Ya de Currasco Canal de Futalgo Ysla iz de Gue 16 Boca de Flon Seno de Padilla MAP OF DE FUCA-STRAIT BY ELIZA 1791. |