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Affidavit of John McLeod.

UNITED STATES OF AMERICA,

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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 Nisqually 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.

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

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.]

[91]

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 that port of the Hudson's Bay Company, news came that canal de Haro.

Affidavits on the

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.
L. S.]
A. VAN DUSEN,
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

[93] ger, on the *Hudson Bay Company's steamer Beaver,

Affidavits on the

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.

vessels of Hudson's

On pressing my inquiries further upon the subject, the said William H. McNeil stated to me distinctly and positively that the Canal de Haro regHudson 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.

[94]

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 Affidavits or the this thirteenth day of March, A. D. one thousand eight hun- canal de Haro.

dred and seventy-two, personally appeared before me William H. Oliver and made oath and subscribed to the truth of the foregoing statements; I further certify that the said William H. Oliver is personally known to me, and that he is a respectable and credible person, to whose representations full faith and credit can be given.

In witness whereof I have hereunto set my name and affixed the seal of my Office, this thirteenth day of March, A. D. one thousand eighthundred and seventy-two.

[L. S.]

DAVID ECKSTEIN,

United States Consul.

Affidavit of Charles M. Bradshaw.

UNITED STATES OF AMERICA,

Territory of Washington, ss :

I, Charles M. Bradshaw, of the City of Port Townsend, County of Jefferson, in said Territory, do solemnly declare upon oath that I am a native-born citizen of the United States, aged forty years; that I came to Washington Territory, then included in the Territory of Oregon, in November, 1852. In March, 1853, I went to Dungeness, on the South side of the Straits of Fuca, in Clallam County, Washington Territoryand took up a Donation Claim-fronting upon the Harbor which is but an indentation in said Straits of Juan de Fuca, where I continued to reside until some time in 1867.

From my house, without the weather was very hazy or foggy, I had an unobstructed view to the entrance of Victoria Harbor, the shore of Vancouver Island, the entrance to Canal de Haro, the shore of San Juan Island, and the entrance of Rosario Straits. Between 1853 and 1855 there were no steamers in those localities, except those belonging to the Hudson Bay Company, at Victoria, Vancouver Island, or British vessels of war, and the sight of a vessel propelled by steam was a novelty, and always attracted my attention. It was not an unfrequent occurrence to see a steamer leaving Victoria Harbor, passing around Trial [95] Island, and disappear up de Haro *Straits, on its way to the Gulf of Georgia, and the trading-posts to the North. The Steamers. Affidavits on the referred to by me were without any doubt the Hudson's Bay Company's Steamers Beaver and Otter, and I have no hesitancy in declaring at this time to have been one or the other or both of those vessels. I have yet to see the first Steamer or Sailing vessel come out of Victoria Harbor and go into Rosario Straits. After 1855, at times there were American Steamers making trips between Olympia, Washington Territory, and Victoria,

canal de Haro.

In the spring and summer of 1858 I made a number of trips to Fraser's River from Victoria, and returned from there to Victoria, each time going through Haro Channel and returning the same way. On two of those trips to Fraser's River, I was accompanied by from forty to fifty small boats and canoes, many of which boats piloted by Indians, and old Hudson Bay Company bargemen, and discharged servants. In every one of those trips no other route was proposed than through Haro Straits. At that time, and ever since, the Haro Channel was the recognized route of travel from Victoria to the Gulf of Georgia, and to the main-land of British Columbia at and above the mouth of the Fraser's River. All the Steamers to and from Victoria used that Channel, and none other was spoken of or used either for sailing Vessels or Steamers.

Since 1858, I speak from positive knowledge, the Canal de Haro has been exclusively used in the navigation and commerce between Victoria on Vancouver's Island, and British Columbia, and the Northern Coast. CHARLES M. BRADSHAW.

TERRITORY OF WASHINGTON,

County of Thurston, ss:

Before me, Joseph N. Houghton, Clerk of the Supreme Court of said Territory, came Charles M. Bradshaw, who, being first duly sworn, did depose 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 on information he verily believes to be true.

Witness my hand and the seal of said Court this 16th day of March, A. D. 1872. [SEAL.]

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

[96] * Extract from the statement of Uriah Nelson, made before the United States Consul, residing at the Port of Victoria, Van- Affidavits on the couver Island, March 18, 1872, touching the navigation of canal de Haro. the Canal de Haro and Rosario Straits.

On this 18th day of March, A. D. 1872, 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, Uriah Nelson, who, being first duly sworn, states as follows:

My age is forty-five years, my residence Victoria, Vancouver Island. Since 1859 I have resided here part of the time, and the rest of the time at Yale and Clinton, on the main-land of British Columbia. My occupation is that of Merchant and Forwarding Agent. I am acquainted, since the year 1859, with the course pursued by all classes of vessels, British and American, plying between Victoria and ports or places on the Gulf of Georgia and Fraser River. The Canal de Haro has been since 1859, and is now, universally used as the Channel by all Steamers and Sail-Vessels, British and others, in making trips between the abovenamed points.

Since the year 1859 I have made about one hundred trips between Victoria and New Westminster on the Fraser River, as passenger, in Hudson Bay Company Steamers and others, and every time passed through the Canal de Haro, in going and returning.

The Canal de Haro is in fact the main Channel, and the only one regarded as safe by Masters of Steamers and Sail-Vessels, who are acquainted with the waters between the Continent and Vancouver Island.

URIAH NELSON.

CONSULATE OF THE UNITED STATES OF AMERICA,

Victoria, Vancouver Island, British Columbia :

I, David Eckstein, Consul of the United States of America, residing at the Port of Victoria, Vancouver Island, do hereby certify that on this 18th day of March, A. D. 1872, personally ap

Affidavits on the canal de Haro.

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