^:<^^<: "CI, . •■C'C-n i^fe.'^: "^•^ ■1:' \: ^^*5:?Sfe-«c;^ f <^.-Ci: c: c^ c< ■ CSC jond\v Ikk.I •J. n-rfun tlie Liliniii; oroftiir l!ll 3. X(. hn. boirovvxT sli 4. Of wo of two or m .■i. The \i' inoliiliitcil J DcJIMltlMI'Ilt C. Jioiro' iiiav at tlic wc.'>U.s. 7. The lo f'. Books witli an (*i, !i. Wlicil iimst I)(^ rc)! 10. Aii]ili( .-M.s.-s (il'sicl. 11. J'.ooks rcphiciMl iipi 1-J. W'li.ii iciic-\v:il. its Miiavnieiit of their salaries will he withheld hy the Dishnrsinj; ( IHicer 'until he is satistictd that all hooks cliarned amiiust llieni at the Library havi' been returned. l(i. For inlrinucuieuts of any of the above rules the Fibrariau is authorized lo suspend or refuse the issue of book.s to the culpable jieisons. J!y order of the .Secietarv ; 'Cs I anthoiized to red to file with e Department, he name of the (wed ; of works frs are strictly whether of the an two week.s. dditioual two ;he Catalogue a borrower, it sou, except in examined mid eeks without nient, 1,' ^eekswi tY]C^ p r-e i^owC ^ J Vi ^t-iL > Depart! ( i:tri!i9— lOM.) (iFO. M. FOCKWOOT), Vliicf Cli-rl: s:<<— m-^^^ ^ BE^ OE:e -^f m^ crcc: croc or m ^ f ? c.c«c. I XMT atcc '""' " "^ Tar- ' 1 ^rc .<^Qgr^<^ -^QjC Ore'/ r^ ,^ ^ ^f^ .:^i5S^^ ^ (U^u.^ij^ ^^^^^^V v^v/^^e^ c^iT^M. ^■^■'^ U1«M tt^if.fi.\^ ?^ 1 w f i 1 HISTORY OF OREGON AND CALIPOENIA 11 I u THE HISTORY OREGON AND CALIFORNIA, AND THE OTHER TERRITORIES NOETH-WEST COAST OF NOETH AMERICA; ACCOMPANIED BY A GEOGRAPHICAL VIEW AND MAP OP THOSE COUNTRIES, AND A NUMBER OF DOCUMENTS AS PROOFS AND ILLUSTRATIONS OF THE HISTORY. ROBERT GREENHOW, TRANSLATOR AND LIBRARIAN TO THE DEPARTMENT OF STATE OF THE UNITED STATES . AUTHOR OF A MEMOIR, HISTORICAL AND POLITICAL, ON THE NORTH-WEST COAST OF NORTH AMERICA PUBLISHED IN 1840. BT DIRECTION OF THE SENATE OF THE UNITED STATES. " THE POSSIBLE DESTINY OP THE UNITED STATES OF AMERICA, AS A NATION OP A HUNDRED MILLIONS OF FREEMEN, STRETCHING FROM THE ATLANTIC TO THE PACIFIC, LIATING UNDER THE LAWS OP ALFRED, AND SPEAKING THE LANGUAGE OP SHAKSPEARE AND MILTON, IS AN AUGUST CONCEPTION." COLERIDQE'S TABLE TALK. SECOND EDITION, REVISED, CORRECTED, AND ENLARGED. BOSTON: CHARLES C. LITTLE AND JAMES BROWN. LONDON: JOHN MURRAY. 1845. psso Entered according to Act of Congress, in the year 1845, By Robert Greenhow, in the Clerk's Office of the District Court of the District of Columbia. By transfer 5 JelflO? BOSTON : PRINTED BY FREEMAN AND BOLLES, WASHINGTON BTHEET. TO MY VENERABLE AND EVER KIND FRIEND, MAJOR-GENERAL MORGAN LEWIS, I.ATE GOVERNOR OF THE STATE OF NEW YORK THIS VOLUME IS INSCRIBED, AS A MARK OF RESPECT AND GRATEFUL REMEMBRANCE. ROBERT GREENHOW. PREFACE. The following pages are devoted, principally, to the de- scription and history of the portion of North America bor- dering on the Pacific Ocean, between the 40th and the 54th parallels of latitude, which is traversed and in a great meas- ure drained, by the River Columbia, and to which the name of OREGON is now usually applied. It has, however, been found necessary, for the objects of the work, to bestow almost equal attention on the regions embraced under the general appellation of California, extending southward from the Columbia countries, to the arm of the Pacific, called the Californian Gulf; and also to take into consid- eration the coasts and islands north and north-west of those countries, as far as the Arctic Sea. The vast division of America, comprehending these ter- ritories, remains, with the exception of a few isolated spots on the coasts and on the margins of the larger streams, uncultivated and inhabited only by tribes of wandering sav- ages. Its shores and some of its rivers have been examined with care, and their course may be found delineated with considerable minuteness on maps. Of its interior regions, some have never been explored, and are indeed apparently impenetrable by man ; others, which oflfer fewer obstacles to the traveller, are only known through the vague and im- perfect accounts of traders or missionaries ; and in those which have been the most frequented by civilized persons, much remains to be eflfected by the aid of scientific obser- vations, in order to obtain satisfactory ideas of their geog- raphy and physical characteristics. IV PREFACE. These territories, unoccupied, partially explored, and re- mote from all civilized countries, nevertheless present much that is interesting in their political history, as well as in their natural conformation and productions ; and events are now in progress which seem calculated, ere long, to attract towards them the views of the governments and people of many powerful nations. Every pajl of this division of America is in fact claimed by some civilized state as its exclusive property, in virtue either of discoveries or settlements made by its citizens or subjects, or of transfer or inheritance from some other state claiming on similar grounds, or of contiguity to its own ac- knowledged territories. On these points, the principles of national law are by no means clearly defined ; nor is it easy to apply such as are most generally admitted, to particular cases ; nor are governments ordinarily found ready to relin- quish claims merely because they prove to be unfounded, agreeably to such principles : and disputes have in conse- quence arisen between different nations asserting the right of possession to the same portion of Western America, which have more than once threatened to disturb the peace of the world. Attempts have been made to settle the questions at issue by negotiation ; and certain lines of boundary have been agreed on by treaties between one and another of the claimant powers : but the arrangements thus made, can scarcely in any instance be considered definitive, as they have not received, and will probably never receive, the as- sent of the other parties interested. In the mean time these territories are daily becoming more important from the advancement of the population of adjoining countries towards them, and from the con- stant increase of the trade and navigation of several of the claimant powers in the Pacific, which would render the un- disputed possession of establishments on the coasts of that Ocean most desirable for each. The difficulty of effecting an amicable partition of tlio territories thus becomes dailv PREFACE. V greater, and more urgent therefore is the necessity of en- deavoring to attain that end without delay. It was principally with the object of showing the nature, origin, and extent of these various claims, that the author of the following pages composed his " Memoir, Historical and Political, on the North-West Coasts of North America and the adjacent Territories,"* which was published by order of the Senate of the United States in 1 840. He there endeavored to present a complete, clear and impartial view of all the discoveries and settlements, made or attempted, in those countries by civilized nations, and of all the dis- putes, negotiations and conventions, between different gov- ernments with respect to them, from the period when they were first visited by Europeans ; founding his statements, as much as possible, upon original authorities. That Me- moir is the only work hitherto published, approaching in its character to a history of the western portion of North America. The History of California,! printed at Madrid, in 1758, is devoted almost exclusively to descriptions of the Californian Peninsula, and to accounts of the missionary labors of the Jesuits, in that desolate region. The Intro- duction to the Journal of Marchand's Voyage, J which ap- peared in 1799, and the Introduction to the Journal of Galiano and Valdes,§ published in 1802, are confined to the discoveries of European navigators on the North Pacific coasts of America, before 1793; upon which so many de- tails have been made known, since the appearance of those works, that they are now entirely obsolete, and scarcely one of their paragraphs can be cited as correct. The Journals of Cook, La Perouse, Vancouver, Mackenzie, Krusenstern, * Extract from the Journal of the Senate of the United States. — " Monday, Feb. 10, 1840. On motion, by Mr. Linn — Ordered, That a History of the North-West Coast of Nortli America and the adjacent Territories, communicated to the Select Committee on the Oregon Territory, be printed, with the accompanying map: and two thousand five hundred copies, in addition to the usual number, be printed for the use of the Senate." t See page 105. f See page '223. § See page 241. B Vi PREFACE. Lewis and Clarke, Kotzebue, Beechey, and Belcher, all contain important information as to the geography of the countries under consideration ; but as regards the events, which lie within the province of the historian, we have only the accounts of the Astoria enterprise, by Franchere, Cox, and Irving, all interesting, yet all limited to the occur- rences of three or four years. In the most popular histo- ries of other countries, and especially of Great Britain, the I circumstances relating to North-West America, are, in / every material point, misrepresented, either from neglect ) on the part of the authors, or from motives less excusable ; j and these histories, being universally read and received as ; true in England and in the United States, it is not astonish- ing, that erroneous ideas should be generally entertained by the people of both nations, upon points, which have been, and will continue to be, the subjects of discussion be- tween their governments. The Memoir, above mentioned, contains the outlines of the History now presented ; for which the same authorities, with many others since collected, consisting of private and official reports, letters and accounts, journals of expeditions by sea and land, and histories and state papers of various civilized nations, have been carefully examined and com- pared. Many errors of fact as well as of reasoning in the former work, have by this means been corrected ; and new circumstances have been brought to light, and ne^y arguments have been founded upon them, calculated per- haps materially to modify the views of those to whom the settlement of questions relative to North-West America may be hereafter entrusted. The principal object of the author has been to present the facts relative to the discov- ery and settlement of those countries, fairly ; and to investi- gate the claims which have been deduced from them, agreeably to the immutable principles of right, and the general understanding of civilized nations : and although he fully appreciates, and endeavors in all cases to place in PREFACE. Vll their proper light, the merits of his own countrymen, and the pretensions of his own government, he is not conscious that his desire to do so, has in any case led him to the commission of injustice towards other individuals, or na- tions, either by misstatements, or by suppressions of the truth. In order to unite the various parts into a regular narrative, and to preserve the remembrances of events which may be interesting, if not important at future peri- ods, he has introduced circumstances not immediately tend- ing to the attainment of the principal objects proposed ; but he has omitted nothing voluntarily, which if made known might have led to conclusions different from those here presented. Dates and references to authorities are gener- ally given, and always in cases where the circumstances related are new or material, or in which his accounts differ from those usually received ; and he has appended a num- ber of documents, extracts and original notices as Proofs and Illustrations of the history. Among 'tfie latter, are some valuable papers never before published, others not commonly known, and others again which the reader will probably desire frequently to consult, including all the trea- ties and conventions hitherto concluded between civilized nations, with respect to the countries forming the subjects of the history. In the geographical view he has collected, compared, and endeavored to arrange in order, what appeared to be the most exact and striking details, presented by the nu- merous travellers who have visited the countries in ques- tion. The map has been composed, as far as possible, from original authorities ; being intended for the illustration of the history, it necessarily embraces a very large portion of the surface of the globe, and will be found, perhaps, on the whole, more nearly correct than any other yet offered to the public. Washington, February, 1844. PREFACE TO THE SECOND EDITION. Circumstance s which it is unnecessary here to mention, prevented the pubhcation of the first edition of the work in the United States for more than a year, though it was issued in London, by Mr. John Murray, in June, 1844. Con- gress having by a recent Act most hberally ordered the purchase of fifteen hundred copies for the use of the gen- eral government, and for distribution among the States and in foreign countries, it has been necessary to print the new edition now offered ; in which errors have been corrected, many portions, including the whole of thejGfeoffraphy, and nearly the whole last chapter of the History, have been writ- ten anew, and an important document has been added to the Proofs and Illustrations. '^ The first edition, thus published in Europe, has not re- mained unnoticed : it has been reviewed generally with ex- treme severity of language, and with corresponding looseness of criticism, in London journals, and has afforded large materials for another work on the same subject, published in Paris, under the auspices of the French government. The author, however, observes with pleasure, that in all, even the best of these articles, the reviewers carefully ab- stain from the most important points touched in his work ; while all his admissions are cited as definitive. On the accounts and views here presented of Drake's Visit to the North-West Coast, of the pretended British Settlement at Nootka, of the discovery and survey of the Columbia river, of the character and duration of the Nootka Convention, of the alleged reservation on the part of the British govern- PREFACE. IX ment with regard to the restoration of Astoria — on these and other points, the London reviewers are silent, or care- fully omit to notice the principal arguments adduced by the author. The same observations apply to the answer writ- ten by Adam Thorn, Recorder of Rupert's Land, to the Memoir on the North-West Coast above mentioned, which was published at London, in 1843, by direction of the Hud- son's Bay Company, and has been liberally distributed by its officers. The author, however, takes great pleasure in excepting the article on the same Memoir, in the British and Foreign Review, for January, 1844 ; which, though not less decided in its opposition to his views on the subject than the others, and far more able in every respect, is as remarkable for its fairness as for the courteous and concili- atory language employed. With regard to the contradiction in the Quarterly Review, (Sept., 1844, article on the Life of Lord Malmesbury,) of the account in page 1 1 1 of this history, of the engagement believed to have been made by the British government, in 1771, to withdraw its subjects from the Falkland Islands, the reader is simply referred to that page as amended, and to the authorities there cited. The Memoir " on the Discovery of the Mississippi, and on the South-western, Oregon and North-western bounda- ries of the United States, by Thomas Falconer," pub- lished at London, in October, 1844, contains many stric- tures on the present history, the justice of which the author denies in toto ; and he will, in defence, merely recommend to Mr. Falconer, the observance in future, of a few simple rules of historical composition, from which he has himself never deviated, and the propriety of which, he doubts not, will be immediately admitted. The first is — never to cije authorities at second hand, but a]\5[ays to examine the origi- nal book, document ox-map cited. Had Mr. Falconer, for instance, examined the treaty of 1803, by which France ceded Louisiana to the United States, he would not have found in it the passage describing the limits of Louisiana, PREFACE. which he has quoted (page 37,) as an important passage of that treaty from Bradford's History of the Federal Govern- ment ; nor would he have reprehended the author of this history, for failing to notice that passage, nor would he have founded upon its supposed stipulations, many pages of argument very logically drawn, but unfortunately vain, to prove the premeditated bad faith of the American gov- ernment. Had he in hke manner examined the collection of documents presented by the English and French com- missaries, appointed under the Treaty of Aix la Chapelle, in 1748, to settle certain disputed questions of boundary in America, he would not have mistaken those commissaries, as he has, for the plenipotentiaries who signed the Treaty of Paris, in 1763 ; nor would he, on the faith of the inex- plicable assertions of M. Duflot de Mofras, have triumph- antly cited the map of Northern America, in the fourth volume of that Collection, as proving that Canada formerly extended to the Pacific, and that the Columbia river was dis- covered by French officers and traders, early in the last cen- tury. (See note at page 159 of this volume.) He should, also, in justice to those whose arguments he opposes, quote their expressions correctly ; that is, quote their words, and not omit important passages, which are indispensable to show their true meaning, as he has done, (in his pages 65 to 68,) with regard to the views of the rights derived from discovery and occupation, presented in pages 187 et seq. of this his- tory. Lastly, he should not attempt to controvert precise statements, expressed in exact terms, by vague and general assertions. Thus had he succeeded in proving that Can- ada extended to the Pacific — which he has most signally failed to do — he would still have been very far from re- deeming the pledge given in his page 85, " to demonstrate most distinctly, that there is not the slightest foundation," for the statement in page 276 of this history, (misquoted by him,) that at the beginning of the present century, " Louisiana stretched northward and north-westward to an PREFACE. XI undefined extent." The word undefined was there used to show that the boundaries of Louisiana, in those directions, had not been, as on the east, definitely settled by accord of the parties interested ; and this simple statement cannot be impugned, by the assertion that Louisiana was then bounded on the north by Canada, or the Hudson's Bay territories, the limits of which were equally undetermined. Mr. Falconer has displayed very httle fairness, in his remarks on the part of this history, relating to the discovery of the Columbia, in which he omits all notice of the prin- cipal arguments in favor of the Americans, and against the assertions of Vancouver and Broughton. With regard to the bitterness which the author is said to evince to- wards Vancouver, he confesses, that as an American, he felt deeply, but more in sorrow than in anger, the insults heaped upon his fellow-citizens, in the journal of that dis- tinguished navigator : he has, however, in no instance ex- pressed those feelings, without showing the circumstances which gave rise to them ; and he has produced distinct charges of invidiousness and want of good faith, on the part of Vancouver, drawn entirely from his Journal, which it will not be easy to controvert. It may be observed, however, that Mr. Falconer rather apologizes for his coun- tryman than defends him ; and that he does not seem dis- posed to admit, that Gray never saw the Columbia or was within five leagues of its entrance. With regard to the " Exploration of the territories of Ore- gon, Cahfornia, &c. by M. Duflot de Mofras," published re- cently at Paris, by order of the king, and under the auspices of Marshal Soult and M. Guizot, the author conceives himself warranted in asserting, that although it professes to be the result of long and minute observations, during a mission in those countries, and of subsequent profound researches and studies, yet the greater portion of the work is extracted from the present History and the preceding Memoir on the same subject, and it contains scarcely anything which might Xll PREFACE. not have been produced by one who had never quitted the barriers of Paris. The errors and misstatements of M. de Mofras are indeed innumerable, particularly in all that re- lates to the United States, towards which he appears to entertain feehno-s of aversion even stronger than towards Great Britain. To their discredit, history and statistics are made equally subservient ; and from the facts as thus pre- sented, always with extreme minuteness and precision of detail, conclusions are drawn, which have at least the merit of novelty. Thus while pathetically lamenting the entire disorganization of all the American Republics, he finds con- solation in the fact, that they all exhibit a general return to monarchical predilections, even the United States, " where the tendencies of the loyalist party (?) are well known.'''' He resigns the hope that France will recover her former domin- ions on this continent, but he is assured that " the Cana- dians are at this day as French as in the times of the Duquesnes and Beauharnais ; " and he confidently pro- nounces, that whensoever they may throw off the detested yoke of Britain, a Franco-Canadian empire will be formed, extending from the Saint Lawrence to the Pacific, and in- cluding all the British possessions and Oregon, which will be bound to France by every tie, and will afford the most important aid for the expansion of her establishments in the Pacific. This songe diplomatique seems to have aflfected the imagination of M. de Mofras most strongly, and traces of its influence are to be found in every part of his work ; of his care in citing authorities, and his ingenuity in draw- ing deductions suitable to these views, remarkable instances will be found in the note on page 159 of this volume. With these preliminary remarks and explanations, the author presents his book to the public, trusting that it may prove useful, in placing the difficult questions on which it treats, in a clearer light, and may thus contribute to their just and peaceful determination. Washington, March, 1845. TABLE OF CONTENTS. GEOGRAPHY OF THE WESTERN SECTION OF NORTH AMERICA. GENERAL VIEW. Great Natural Divisions of N. America, 3 — Coasts on the Pacific and the Arctic Seas, , 4 — Mountain Chains of the Pacific Section — Far- West Mountains, 5 — Rocky Moun- tains — Blue Mountains, 6 — Climate of the Pacific Section — Lakes, 7 — Rivers, 8 — Central Regions of JN. America — Animals and Vegetables of the Pacific Section — Na- tives, [) — Establishments of civilized Nations, 10 — Political Limits, IL CALIFORNIA, Extent and Divisions — Gulf of California, 12 — Pearl Fishery — Sonora and Sinaloa, 1.3 — Peninsula of California — Its Climate, Soil, Productions, and Animals, 14 — Aborigines^ Ports and Mexican Settlements, 15 — Continental or New California — Its Extent, Soil, Climate, 16 — Ports and Mexican Settlements — San Diego, Santa Barbara — Monterey, 17 — San Francisco — River Sacramento, 18 — Bodega — Cape Mendocino, 19 — Interior Regions — River Colorado — Utah Lake, 20. OREGON. Natural and assumed Boundaries, 21 — Strait of Fuca, 22 — Columbia River — North Branch, 23 — South Branch — Main Trunk, 24. — Far- West Mountains, 25 — Westernmost Region of Oregon, 26 — Blue Mountains — Middle Region — Easternmost or Rocky Mountain Region, 27 — New Caledonia, 28 — North-West Archipelago, 29 — Aborigines, 30— Hudson's Bay Company's Establishments, 31 — American Settlements, 33. RUSSIAN AMERICA. Extent and Limits — Russian American Company, 36 — District of Sitka — Sitka or New Archangel — District of Kodiak, .37 — Cook's Inlet — Prince William's Sound — Mount St. Elias — Aliaska — Aleutian Islands — Michaelof District, 38 — Kamtchatka — Kurile Islands, 39. Sandwich Islands, 39— Marquesas Islands — Society Islands, 40 — Projects for Canals unitmg the Atlantic and Pacific Oceans, 41. XIV CONTENTS. HISTORY OF OREGON AND CALIFORNIA, ETC. CHAPTER 1. TO 1543. Preliminary Observations, 45 — Efforts of the Spaniards to discover Western Passages to India — Successive Discoveries of the West Indies, the JNorth American Continent, the Eastern Passage to India, Brazil, and the Pacific Ocean, 4G — Search for a navigable Pas- sage connecting the Atlantic and the Pacific Oceans — Supposed Discovery of such a Pas- sage, called the Strait of Anian, 41 — Discovery of Magellan's Strait and the Western Passage to India, 48 — Conquest of Mexico by Cortes, who endeavors to discover new countries farther north-west, 50 — Voyages of Maldonado, Hurtado de Mendoza, Grijalva, and Becerra, 54 — Discovery of California — Expedition of Cortes to California, 55 — Pre- tended Discoveries of i'riar Marcos de Wiza, 69 — Voyages of UUoa, Alarcon, and Cabrillo, 60 — Expeditions of Coronado and Soto, Gl — The Spaniards desist from their Efforts to explore the Worth-West Coasts of America, 65. CHAPTER II. 1543 TO 1608. The Spaniards conquer the Philippine Islands, and establish a direct Trade across the Pacific, between Asia and America, (i6 — Measures of the Spanish Government to prevent other European Nations from settling or trading in America, 68 — These Measures resisted by the English, the French, and the Dutch — Free Traders and Freebooters infest the West Indies, 70 — First Voyages of the English in the Pacific, 72 — Voyages of Drake and Cav- endish, 73 — Endeavors of the English to discover a North- West Passage from the Atlan- tic to the Pacific, 77 — False Reports of the Discovery of such Passages, 78 — Supposed Voyages of Urdaneta, Maldonado, and Fonte, 79 — Voyage of Juan de Fuca, 86 — Expedi- tions of Sebastian Vizcaino, 90 — Supposed Discovery of a great River in North- West America, 93. CHAPTER III. 1608 TO 17C8. The North-West Coasts of North America remain nearly neglected during the whole of this Period, 96 — Efforts of the English and tlie Dutch to find new Passages into the Pacific — Discovery of Hudson's Bay and Baffin's Bay, 97 — Discovery of the Passage around Cape Horn — Establishment of the Hudson's Bay Trading Company — Endeavors of the Span- iards to settle California unsuccessful, 98 — The Jesuits undertake the Reduction of Cal- ifornia, 99 — Establisiiments of the Jesuits in the Peninsula, 100, and their Expulsion from the Spanish Dominions, 106. CHAPTER IV. 1769 TO 1779. First Establishments on the West Coast of California founded by the Spaniards, 108 — Dis- pute between Spain and (Jrcat Britain respecting the Falkland Islands, 111 — Exploring Voyages of the Spaniards under Perez, 111, Heceta and Bodega, 117, and Arteaga and Bo- dega, 125 — Discovery of Nootka Sound, Norfolk Sound, and the Mouth of the Columbia River, 120 — Importance of these Discoveries, 124, CONTENTS. XV CHAPTER V . 1711 TO 1779. Discoveries of the Russians from Kamtchatka — Voyages of Bering and Tchirikof to the Arctic Sea and to the American Continent, 129 — Establishments of the Russian Fur Tra- ders in the Aleutian Islands, 135 — Voyages of Synd, Krenitzin, and Levashcf, 137 — First Voyage from Kamtchatka to China, made by Polish Exiles under Benyowsky, 138 — General Inaccuracy of the Ideas of the Russians respecting the Geography of the northernmost Coasts of the Pacific, before 177'J, 139. CHAPTERVl. 1763 TO 1780. Great Britain obtains Possession of Canada, 1 10 — Journey of Carver to the Upper Missis- sippi, 14-1 — First Mention of the Orcfron Kivcr, 1 12 — Inaccuracy of Carver's Statements, 1 W — Journeys of Hearne through tlie Refiions west of Hudson's Bay, 1 1.5 — Voyage of Captain Cook to the North Pacific, 147 — His important Discoveries in tliat Quarter, and Death, 157 — Return of his Ships to Europe j Occurrences at Canton during their Stay in that Port, 158. CHAPTER VII. 1780 TO 1789. Commercial Results of Cook's Discoveries. IGO — Settlements of the Russians in America, 161 — Scheme of Ledyard for the Trade of the North Pacific, 1G2 — Voyage of La Perouse, 163 — Direct Trade between the American Coasts and Canton commenced, 165 — Voyages of the English Fur Traders — Re-discovery of the Strait of Fuca, 171 — Voyage of Meares, who endeavors to find a great River described by the Spaniards, 17.5 — First Voyages from the United States to the South Pacific, and to Canton, 179 — Voyage of the Columbia and Washington, under Kcndrick and Gray, from Boston to the North Pa- cific, 180. CHAPTER VIII. 1788 AND 1789. Uneasiness of the Spanish Government at the Proceedings of the Fur Traders in the Nortli Pacific, 183 — Voyages of Observation by Martinez and Haro to the Kussian American Settlements, 185 — Remonstrances of the Court of Madrid to that of St. Petersburg, against the alleged Encroachments of the latter Power, 186 — Martinez and Haro sent by the Viceroy of Mexico to take Possession of Nootka Sound, 187 — (Claims of Spain examined, \^8 — Seizure of British and other Vessels at Nootka by Martinez, 191 — Captain Gray, in the Washington, explores tlic East (^oast of Queen Charlotte's Island, and enters the Strait of Fuca, 199 — Kendrick. in the Washington, passes through the Strait of Fuca — Return of the Columbia to the United States, 200. CHAPTER IX. 1790. Controversy between Great Britain and Spain respecting the North-West Coasts of America and the Navigation of the Pacific, 202 — The Owners of the Vessels seized at Nootka apply for Redress to the British Government, which demands Satisfaction for the aliened Outrages, 203 — Spain resists the Demand, and calls on France for Aid, agreeably to the XVI CONTENTS. Family Compact, 207 — Proceedings in the JNational Assembly of France on the Subject, 208 — Spain engaifcs to indemnify the British for the Property seized, 203 — Furtlier De- mands of Great Britain — Designs of Pitt against Spanish America, 20b — Secret Mediation of France, through which the Dispute is settled, 209 — Convention of October, 1790, called the iXootka Treaty, 210 — Proceedings in Parliament, and Reflections on this Con- vention, 211. CHAPTER X . 1790 TO 1792. Vancouver sent by the British Government to explore the Coasts of America, and receive Possession of Lands and Buildings agreeably to the Convention with Spain, 21f) — Passage of the Washington, under Kendrick, through the Strait of Fuca, in 1789, 218 — Nootka re- occ\ipied by the Spaniards, 220 — Voyages of Fidalgo. Quimper, F.lisa, Billings, Marchand, and Malaspina, 221 — Voyages of the American Fur Traders, Gray, Ingraliam, and Ken- drick, 22-1 — Discovery of the Washington Islands by Ingraham, 226. CHAPTER XI. 1792 TO 1796. Vancouver and Broughton arrive on the American Coasts in 1792, and meet with Gray, who informs them of his Discovery of the Columbia River, 233 — The Strait of Fuca surveyed by Vancouver, Galiano, and Valdes, 238 — Negotiations between Vancouver and Quadra at Nootka, 21.3 — Vancouver's Injustice to the Americans, 214, 248,256 — Broughton's Ex- amination of the Lower Part of the Columbia River, 217 — Vancouver's Proceedings at the Sandwich Islands, 249 — He completes the Survey of the North-VV^est Coasts of America, and returns to England, 233 — The Spaniards abandon jNootka, 237 — Conclusions with Regard to the Dispute between Great Britain and Spain, and the Convention of 1790, 233. CHAPTER XII. 1788 TO 1810. Establishment of the North-West Fur Trading Company of Montreal, in 1781, 261 — Expedi- tions of Mackenzie to the Arctic Sea and to the Pacific Coast, 2ii3 — The Trade between the North Pacitic Coasts of America and Canton conducted almost exclusively by Vessels of the United States from 1796 to 181+, 2(i6 — Establi^hnicut of the Russian American Company, 269 — Its Settlements and Factories on the American Coasts, 270 — Expedition of Krusenstern through the North Pacific, 272 — Proposition of the Russian Govenmient to that of the United States, with Regard to the Trade of the North Pacific, 273. CHAPTER X I i I . 1803 TO 1806. Cession of Louisiana by France to the United States, 276 — Inquirii-s as to the true Extent of Louisiana, 277 — Erroneous Supposition that its Limits towards the North had been fixed by Commissaries agreeably to the Treaty of 1 ■trerht.281 — President .lefterson sends Lewis and (Clarke to examine the Missouri and Columbia, 231 — Account of their Expedi- tion from the Mississippi to the Pacific, 285. CONTENTS. XVii CHAPTER XIV. 180G TO 1815. First Establishments of the JVorth-West Company in the Countries north of the Columbia, 290 — Taeific Fur Company formed at JS'cvv York, 21)2 — Plan of its i'ounder, 293 — First Expedition from New York in the Tonquin, 293 — Foundation of Astoria near the Pdouth of the Columbia River, 29(j — March of tlie Party under Hunt and Crooks across the Continent, 298 — Arrival of th.c Beaver in the Columbia, 299 — Destruction of the Ton- quin by the Savages, 300 — War between the United States and Great Britain fatal to tlie Enterprise, 301 — Establishments of tlic Pacific Company sold to the JNorth-West Com- pany, 303 — Astoria taken by the British, 30'1 — Dissolution of the Pacific Company, 303. CHAPTERXV. 1814 TO 1820. Restitution of Astoria to the United States by Great Britain, agreeably to the Treaty of Ghent, 309 — Alleged Reservation of Rights on the Part of Great Britain, 310 — First Ne- gotiation between the (Governments of Great Britain and the United States respecting the Territories west of the Rocky Mountains, and C^onvention for the joint Occupancy of those Territories, 311 — Florida Treaty between Spain and the United States, by which the Latter acquires the Title of Spain to the North-VVest Coasts, 313 — Colonel Long's exploring Expedition to the Rocky Mountains, 322 — Disputes between the British North- West and Hudson's Bay Companies, 321. — Union of tliose Bodies — Act of Parliament extending the Jurisdiction of the Canada Courts to the Pacific Countries, 323 — Russian Establishments on the North Pacific, 327 — Expeditions in Search of Northern Passages between tiie Atlantic and the Pacific, 320 — Death of Tamahamaiia, and Introduction of Christianity into the Sandwich Islands, 329. CHAPTER XVI. 1820 TO 1828. Bill reported by a Committee of the House of Representatives of the United States, for the Occupation of the Columbia River, 331 — Ukase of the Emperor of Russia, with Regard to the North Pacific Coasts, 332 — Negotiations between the Governments of Great Britain, Russia, and the United States, 33.5 — Conventions between the United States and Russia, and between Great Britain and Russia, 341 — Further Negotiations between the United States and Great Britain relative to the North-West Coasts, 344 — Indefinite Extension of the Arrangement for the joint Occupancy of the Territories west of the Rocky Moun- tains, by the British and the Americans, 33k CHAPTER XVll. 1823 TO 1843. Few Citizens of the United States in the Countries west of the Rocky Mountains between iyi3 and 1823, .SSf) — Trading F^xpeditions of Ashley, Sublette, Smitli, Pilcher, Pattie. Bonneville, and Wyeth, .337 — Missionaries from the 'United States form Establishments on the(.'olumbia, .360 — First Printing Press set up in Oregon, ;5C1 — Opposition of the Hud- son's Bay Company to the Americans; how exerted, .339 — Controversy between tlie United States and Russia, 3(i2 — Dispute between the Hudson's Bay and the Russian American (,'oinpanies ; how terminated, .363 — California, 365 — Capture of Monterev by Commodore ,Ioncs. 368 — The Sandwich Ishinds. .'Ki'.) — Proceedings of the Missionaries, 370 — Expulsion of the Catholic Priests, and their Reinstatement by a l''rench Force, 372 — The Sandwich Islands temporarily occupied by the British, 374 — E.xploring Expe- dition of the Americans under Wilkes, 375. C XVm CONTENTS. CHAPTER XVII I. 1842 TO 1845. Excitement in the United States respecting Oregon, 376 — Bill in the Senate for the imme- diate Occupation of Oregon, 37y — That Bill inconsistent with the Convention of 1827, between the United States and (Jreat Britain, 388 — Renewal of Negotiations betweea the United States and Great Britain — Emigrations from the United States to Oregon, 391 — State of the Hudson's Bay Company's Possessions, 393 — Conclusion. PROOFS AND ILLUSTRATIONS. Original Account of the Voyage of the Greek Pilot Juan de Fuca along the North-West Coasts of America in 1592 407 B. Furs and the Fur Trade 411 C. Correspondence between the Spanish Commandant at Nootka Sound, and the Masters of the American trading Vessels Columbia and Hope, respecting the Occurrences at that Place in the Summer of 1789 413 D. Original Documents relative to the Dispute between Great Britain and Spain, in 1790. . 418 E. Original Documents relative to the Discovery of the Columbia River, by the Spaniards and the Americans 430 Showing that the Forty-ninth Parallel of Latitude was not selected as the Line of Separation between the French and the British Territories in North America, by Commissioners ap- pointed agreeably to the Treaty of Utrecht 43G G. Papers relative to the American Establishment of Astoria, on the Columbia River. . . 439 H. Statements presented on each side in the course of the Conferences, held at London, in De- cember 1826, between Messrs. Huskisson and Addington, the British Plenipotentiaries, and Mr. Gallatin, the Minister Plenipotentiary of the United States 446 I. Documents relating to the Hudson's Bay Company 466 K. Treaties and Conventions relative to the North- West Territories of North America. . 476 GEOGRAPHY WESTERN SECTION OF NORTH AMERICA. GEOGRAPHY OF THE WESTERN SECTION OF NORTH AMERICA, GENERAL VIEW. North America borders upon three great divisions of the ocean : the Atlantic on tlie east — the Arctic on the north — and the Pacific on the south and west — each of which receives, either directly or through its gulfs and bays, the superfluous waters from a corresponding great section of the continent. These three great sections of North America are unequal in extent, and different in the character of their surface. At least one half of the continent is drained by streams entering the Atlantic ; and of that half, the waters from the larger, as well as the more fertile portion, are carried by the Mississippi into the Mexican Gulf. Of the other two sections, that which borders on the Arctic Sea is probably the more extensive. The Atlantic and the Arctic sections present each a large proportion of sur- face, nearly plane, and comparatively little elevated above the sea; and the line of separation between them is so indistinctly marked as to be, in many places, imperceptible. The Pacific section, on the contrary, is traversed in every part by steep and lofty ridges of highland ; and it is completely divided from the other portions by a chain of mountains, extending, in continuation of the Andes of South America, from the Isthmus of Panama, north-westward, to the utmost extremities of the con- tinent in that direction. Of the Atlantic coast of America it is unnecessary here to speak particularly. The irregularity of its outline, the numerous gulfs and bays enclosed by its sinuosities, the great rivers flowing through it into the sea, the archipelagoes in its vicinity, and all its other characteristic features, may be found minutely described in many works. The only parts of this coast, to which reference will be hereafter made, are those surrounding the Gulf of Mexico and Hudson's Bay, as many of the most important discoveries on the western side of the continent have been effected in consequence of the belief in the existence of a direct navigable communi- cation between those portions of the Atlantic and the Pacific. The Pacific coast extends from Panama, near the 9th degree of latitude,* westward and northward, without any remarkable break in its outline, to * All latitudes mentioned in the following pages are north latitudes, unless other- wise specially stated. 4 GENERAL VIEW OF THE GEOGRAPHY. the 23d parallel, under which the Gulf of California, separating the pen- insula of California from the main continent on the east, joins the ocean. From the southern extremity of this peninsula, called Cape San Lucas, situated near the entrance of the gulf, the American coast runs north- westward to the foot of Mount St. Elias, a stupendous volcanic peak, rising from the shore, under the GOth parallel ; beyond which the con- tinent stretches far westward, between the Pacific on the south and the Arctic Sea on the north, to its termination at Cape Prince of Wales, near the 64th degree. Cape Prince of Wales, the westernmost point of America, is the eastern pillar of Bering's Strait, a passage only fifty miles in width, separating that continent from Asia, and forming tlie only direct communication between the Pacific and the Arctic Oceans. Beyond it, the shores of Asia and Europe have been explored in their whole length on the Arctic Sea, though no vessel has hitherto made a voyage through that sea from the Atlantic to the Pacific, or vice versa. The north coast of America has been traced from Cape Prince of Wales, north-eastward, to Point Barrow, near the 71st degree of latitude, and thence, eastward, more than fifteen hundred miles, though not continuously, to the Atlantic. The portion north of Hudson's Bay is still imperfectly discovered; and the interesting question whether the Arctic Sea there mingles its waters with those of the Atlantic, or is separated from them by the extension of the continent to the north pole, remains undetermined. Many circumstances, however, combine to favor the belief that a communication will be found between the two oceans, either through Fox's Channel, the northernmost part of Hudson's Bay, or through Lancaster Sound, which joins Baffin's Bay, under the 74th parallel; though there is little reason to expect that anv facilities for commercial intercourse will be gained by the discovery. The Pacific coast, between the entrance of the Californian Gulf and the Strait of Fuca, which joins the ocean under the 49th parallel, presents few remarkable indentations, and the islands in its vicinity are neither numerous nor large. North of the 49th parallel, on the contrary, the mainland is every where penetrated by inlets and bays ; and many pen- insulas protrude from it into the sea. In its vicinity, moreover, are . thousands of islands, some of them very large, lying singly or in groups, separated from each other, and from the continent, by narrow, intricate channels. The most extensive of these collections of islands is the North- West Archipelago, nearly filling a great recess of the coast, between the 48th and the 58th parallels. Kodiak is the centre of another archipelago, on the east side of the peninsula of Aliaska; and a long line of islands, forming the Aleutian Archipelago, stretches from the southern extremity of Aliaska, westward, across the sea, in the course of the 54th parallel of latitude, to the vicinity of the opposite Asiatic peninsula of Kamtchatka. The part of the Pacific called the Sea of Kamtchatka, or Bering's Sea, north of the Aleutian chain, likewise contains several islands, situated, nearly all, close to the shores of one or the other continent. This coast, in its whole length, from the southern extremity of Cali- fornia to Bering's Strait, is bordered by lofty mountains, which appear to form a continuous cliain, partially broken, in a few places, by the passage across it of rivers from the interior. The mountains rise, for the most part, immediately from the sea-shore, above which they may be se§n towering one, two, and even three, miles in perj)cndicular elevati'^\ ; in GENERAL VIEW OF THE GEOGRAPHY. ^ 5 some places, however, the main ridge is separated from the ocean by tracts of lower country, as much as one hundred miles in breadth, trav- ersed by parallel lines of hills. This ridge, for which no general name has yet been adopted,* is almost entirely of volcanic formation ; being part of the great line or system of volcanoes, which extends from Mexico to the East Indies, passing along the west coast of America, from the south- ernmost point of California to the south-west extreme of Aliaska, thence through the Aleutian Islands to Kamtchatka, and thence southward through the Kurile, the Japan, the Philippine, and the Molucca Islands. There are many elevated peaks, nearly all of them volcanoes, in every part of the chain ; the most remarkable break, or gap, is that near the 4Gth degree of latitude, through which the Columbia rushes, at the dis- tance of a hundred miles from the Pacific. The great chain of mountains wiiicli separates the streams emptying into the Pacific from those flowing into the other divisions of the ocean, runs throuah the northern continent, as through the southern, in a line generally parallel with the shore of the Pacific, and much nearer to that sea than to the Atlantic. Under the -10th degree of latitude, where the western section of America is widest, the distance across it, from the summit of the dividing chain to the Pacific, is about seven hundred miles, whicli is not more than one third of the distance from the same point of the mountains to the Atlantic, measured in the same latitude. The dividing chain south of the 40th degree of latitude has received many names, no one of which seems to have been universally adopted. It has been called, by some geographers, the Anahuac Mountains; and by that name, though entirely unknown to the people of the adjacent country, it will be distinguished whenever reference is made to it in the fol- lowing pages. The portion of the great ridge north of the 40th parallel is generally known as the Rocky or Stony Mountains. From that latitude, its course is nearly due north-westward, and gradually approaching the line of the Pacific coast, to the 54th degree, where the main chain turns more west- ward, and continues in that direction so far as it has been traced, — prob- ably to Bering's Strait. Another ridge, called the Chipewyan Moun-« tains, indeed, extends, as if in prolongation of the Rocky Mountains, from the 53d parallel, north-westward, to the Arctic Sea, where it ends near the 70th degree of latitude; but the territory on its western side is drained by streams entering that sea either directly, or passing through the ridge into the Mackenzie River, which flows along its eastern base. The Rocky Mountains, so far as their geological structure has been ascertained, consist of primary formations, principally of granite. Though rising, in many places, from eight to sixteen thousand feet above the ocean level, they do not, in general, appear very high to the beholder, on account of the great elevation of the country at their bases. On the east- ern side, within a hundred and fifty miles of the great chain, and running nearly parallel to it, are several ridges, from which the surface gradually declines, becoming more nearly plane as it approaches the Mississippi, the Red River, and Hudson's Bay. The part of the continent west of the Rocky Mountains is, as already stated, traversed, in its whole extent, by * The author of tliis work ventures to propose, for the great ridge here mentioned, the name of Far-West Mountains, which seems to be more definite, and in every respect more appropriate, than any other v.'hioh could be adopted. 6 GENERAL VIEW OF THE GEOGRAPHY. lofty ridges, separated only by narrow valleys, or plains of moderate width. The country at the base of the chain, on the Atlantic side, is probably nowhere less than four thousand feet above the level of the sea ; and that on the Pacific side is doubtless much higher. The most elevated portion of the Rocky Mountains is about the 54th degree of latitude, where the chain turns towards the west; several peaks in that vicinity have been ascertained to rise more than sixteen thousand feet above the ocean level. Many points, which are undoubtedly more than ten thousand feet hi height, have been found in the portion of the dividing ridge called the Wind River Mountains, near the 42d degree of latitude, and farther south, in Long's Range, where the sources of the Arkansas River are situated. Among these mountains, nearly all the greatest rivers in North America have their sources. Within a hundred miles of the point where the chain is crossed liy the 41st parallel, rise — on the eastern side — the Missouri, the Yellowstone, the Platte, and the Arkansas, the waters of all which are carried through the Mississippi into the Mexican Gulf, and the River Bravo del Norte, which falls into the same arm of the Atlantic ; while — on the western side — are found the springs of the Lewis, or Snake, the princi- pal southern branch of the Columbia which enters the Pacific, and those of the Colorado, which terminates in the head or northern extremhy of the Californiau Gulf. The sources of the Platte, and those of the Green River, the largest head-water of the Colorado, are situated at opposite ends of a cleft, or transverse valley, in the Rocky Mountains, called the South Pass, in latitude of 42 degrees 20 minutes, which seems destined to be the gate of communication between the Atlantic and the Pacific regions of the continent. In another great cleft, called by the British traders the Punch Bowl, near the 53d parallel, overhung by the highest peaks of the chain, the northern branch of the Columbia issues from a lake, situated within a few feet of another lake, from which runs the west branch of the Athabasca, one of the affluents to the Mackenzie ; and at a short distance south rises the Saskatchawine, which takes its course east- ward to Lake Winnipeg, and contributes to the supply of Hudson's Bay. In many places between the 42d and the 50th degrees of latitude, the upper streams of the Missouri lie very near to those of the Columbia ; but no gap or depression, which appears to offer facilities for travelling or transportation of merchandise, has been discovered in that part of the dividing chain. The ridges between the Rocky Mountains and the great westernmost chain which borders the Pacific coast, appear to be all united with one or both of those chains, and to run, for the most part, in the same general direction, from south-east to north-west. The most extensive of these intermediate ridges, called the Snowy Mountains, is believed to stretch uninterruptedly from the Rocky Mountains to the westernmost range, and even to the Pacific, nearly in the course of the 41st parallel of latitude, dividing the regions drained by the Columbia, on the north, from Cali- fornia, on the south. Another ridge, called the Blue Mountains, extends northward from the Snowy Mountains to the 47th parallel, bounding the valley of the Snake or Lewis River, the southern branch of the Columbia, on the west. A lofty ridge also runs from the westernmost chain, near the 48th degree of latitude, northward, to the Rocky Mountains, which it joins near the 54th degree, separating the waters of the northern branch GENERAL VIEW OF THE GEOGRAPHY. 7 of the Columbia from those of Frascr's River on the west, and constituting another natural boundary to the territory drained by the former stream. Of the interior of California, little is known with certainty : it is, however, probable that a ridge extends from the Snowy Mountains, near their junction with the Rocky Mountains, about the 4'2d degree of latitude, southward, to the great westernmost chain, near the 32d degree, where the Californian peninsula joins the continent, forming the western wall of the valley of the Colorado River. The territories west of the Rocky Mountains abound in lakes, several of which present surfaces of great extent : some of them communicate with rivers ; others have no outlet, and their waters are consequently salt.* The largest, called the Timpanogos, or Utah Lake, among the Snowy Mountains, between the 40tli and the 42d degrees of latitude, belongs to the latter class, and is probably not less than two thousand miles in area. The most extensive of the fresh-water lakes is the Kullispelm, or Clarke's Lake, formed by the expansion of the Clarke River, in a valley surrounded by high mountains, under the 48th parallel. The countries on the Pacific side of North America differ materially in climate from those east of the great dividing range of mountains situated in the same latitudes, and at equal distances from and elevations above the ocean. These differences are less within the torrid zone, and beyond the 60th parallel; but in the intermediate space, every part of the Pacific sec- tion is much warmer and much drier than places in the Atlantic or the Arctic sections under the same conditions as above expressed. Thus the north-westernmost regions of America appear to be as cold, and to receive as much rain and snow from the heavens, as those surrounding Baffin's Bay, or those in their own immediate vicinity in Asia; but in the countries on the Pacific side corresponding in latitude and other respects with Wis- consin, Canada, Nova Scotia, and Newfoundland, the ground is rarely covered with snow for more than three or four weeks in each year, and it often remains unfrozen throughout the winter. In the countries on the west coast, opposite to Virginia and Carolina, the winter is merely a wet season, no rain falling at any other time; and in the Californian peninsula, which is included between the same parallels of latitude as Georgia and Florida, the temperature is as high as in any tropical region, and many years in succession pass by without a shower or even a cloud. It is likewise observed, especially between the 30th and the 50tb parallels, that the interior portions of the Pacific section are much more dry, and the * Wherever water runs on or passes through the earth, it meets with salts, in quantities greater or less, according to the structure of the soil, and the space passed over or through : these salts it dissolves, and carries to its final recipient, thither the ocean, or some lake or marsh, or sandy region, having no communication, ntlier above or below the surface, with any lower recipient; and, who quitted it with the con- viction that no river existed there — and that this opinion of Meares was subscribed, without qualification, by Vancouver, after he had minutely examined that coast, " imder the most favorable con- ditions of ivind and iveather,^^ and notwithstanding the assurances of Gray to the contrary. Had Gray, after parting with the English ships, not returned to the river, and ascended it as he did, there is every reason to believe that it would have long remained unknown ; for the assertions of Vancouver that no opening, harbor, or place of refuge for vessels, was to be found betivcen Cape Mendocino and the * See the extract from the log-book of the Columbia, containing the account of the entrance of Gray into the river, among the Proofs and Illustrations, in the latter part of this volume, under the letter E, No. 2. t See p. 142. % See p. 120. § See p. 177. 1792.] WHO DISCOVERED THE COLUMBIA? 237 Strait of Fuca, and that this part of the coast formed one compact, solid, and nearly straight, barrier against the sea, would have served completely to overthrow the evidence of the American fur trader, and to prevent any further attempts to examine those shores, or even to approach them.* From the mouth of the Columbia River, Gray sailed to tjie east coast of Queen Charlotte's Island, near which his ship struck on a rock, and was so much injured that she was with difficulty kept afloat until she reached Nootka Sound, where the damage was repaired. The Hope also arrived at Nootka at this time, and Gray communicated the particulars of his recent discoveries to Ingraham, and to the Spanish commandant Quadra, to whom he also gave charts and descriptions of Bulfinch's Harbor, and of the mouth of the Columbia. On this occasion, moreover, the two American captains addressed to Quadra, at his request, a letter f containing a narrative of the transactions at Nootka in 1789, to which particular reference will be hereafter made. Having soon completed their business on the north-west coasts. Gray and Ingra- ham departed severally for Canton, in September, and thence they sailed to the United States. | * It was, nevertheless, insisted, on the part of the British government, in a discus- sion with the United States, in 1826, that the merit of discovermg the Columbia belongs to Meares! "that, in 1788, four years before Gray entered the mouth of the Columbia River, Mr. Meares, a lieutenant of the royal navy, who had been sent by the East India Company on a trading expedition to the north-west coast of America, had already minutely explored the coast from the 49th to the 54th degree of north latitude ; had taken formal possession of the Straits of De Fuca in the name of his sovereign ; had purchased land, trafficked and formed treaties with the natives ; and had actually entered the Bay of the Columbia, to the northern headland of which he gave the name of Cape Disappointment, a name which it bears to this day ; " and that " if any claim to these countries, as between Great Britain and the United States, is to be deduced from priority of the discovery, tlie above exposition of dates and facts suffices to establish that claim in favor of Great Britain, on a basis too firm to be shaken. It must indeed be admitted," continue the British plenipo- tentiaries, " that Mr. Gray, finding himself in the bay formed by the discharge of the waters of the Columbia into the Pacific, ?ms the first to ascrrtain that this hny formed the outlet of a great river — a discovery which had escaped Lieutenant Meares, vhen, in 1788, four years before, he entered the same bay." The truth in the last of these assertions atones for the errors in those which precede, and coxmtcracts the impression which the whole was intended to produce. — See the statement presented by Messrs. Huskisson and Addington to Mr. Gallatin, in 1826, among the Proofs and Illustrations, in the latter part of this volume, under the letter G. t Sec Proofs and Illustrations, in the latter part of this volume, under the letter C. t Ingraham subsequently entered the navy of the United States as a lieutenant, and was one of the officers of the ill-fated brig Pickering, of which nothing was ever heard, after her departure from the Delaware in August, 1800. Gray continued to command trading vessels from Boston until 1800, about which time he died. 238 SURVEY OF ADMIRALTY INLET. [1792. In the mean time, the survey of the Strait of Fuca had been completed. Vancouver and Broughton took their departure on the 1st of May, as already mentioned, from Cape Flattery, the point at the south side of the entrance of the Strait, and thence sailed slowly along the coast eastward, about a hundred miles, to its extremity in that direction, where they entered a harbor called by them Port Discovery, the same which had, in 1790, received from duimper the name of Port Qiiadra. A little beyond this harbor, they found another opening in the coast towards the south, corresponding with that called by Quimper Cajial de Caamano, through which they entered an extensive arm of the sea, with several branches, stretch- ing in various southerly directions, to the distance of more than a hundred miles from the strait. This great arm, called Admiralty Inlet, with its principal branches, Hood's Canal on the west, Pos- session Sound on the east, and Puget's Sound, the southernmost, were carefully surveyed to their respective terminations ; and the navigators, having thus ascertained that no passage through the con- tinent was to be effected by those channels, returned to the strait. Of the beauty and apparent fertility of the country surrounding this arm of the sea, Vancouver speaks in glowing terms. The surface near the shores was generally undulating, presenting a succession of meadows, lawns, and hillocks, many of which were covered with noble forests of oak ; " the soil principally consisted of a rich, black, vegetable mould, lying on a sandy or clayey substratum ; the grass, of excellent quality, grew to the height of three feet, and the ferns, w^hich, in the sandy soils, occupied the clear spots, were nearly twice as high." In the distance, on the east, the south, and the west, the view was bounded by lofty mountains, to the stupen- dous peaks of which Vancouver assigned the names of British admirals and diplomatists. After completing this part of their survey, the English landed on the shore of Possession Sound, and celebrated the birthday of their sovereign, the 4th of June, by taking possession, in his name, and " with the usual formalities, of all that part of New Albion, from the latitude of 39 degrees 20 minutes south, and longitude 236 degrees 26 minutes east, to the entrance of the inlet of the sea, said to be the supposed Strait of Juan de Fuca, as also of all the coasts, islands, &c., within the said strait, and both its shores ; " to which region they gave the appellation of Neio Georgia. With regard to this ceremony, it may be observed, that, although naval 1792.] VANCOUVER MEETS GALIANO AND VALDES. 239 officers are not expected to be minutely acquainted with diplomatic affairs, yet Captain Vancouver, who was sent to the North Pacific as commissioner to execute the convention of October, 1790, should have recollected that, by the stipulations of that convention, every fart of the north-ivest coast of America ivas rendered free and open for trade or settlement to Spanish as ivcll as British subjects; and that, consequently, no claim of sovereignty, on the part of either of those nations, could be valid. It may seem pedantic, if not unjust, to make this remark with regard to what may have been nothing more than the result of an exuberance of loyal feeling in the officers and crews of the vessels ; but this taking possession by Vancouver has been since gravely adduced, by the representatives of the British government, in support of its claims to the dominion of the terri- tories above mentioned.* On returning to the Strait of Fuca, the English examined several other passages opening into it, some of which were found to ter- minate in the land, at short distances from their mouths, and others to be channels between islands. Through one of these latter chan- nels, opening immediately opposite the entrance of Admiralty Inlet, they passed into a long and wide gulf, extending north-westward ; and, after proceeding a few miles within it, they, on the 23d of June, unexpectedly met the Spanish schooners Sutil and Mexicana,f com- manded by Lieutenants Galiano and Valdes, which had left Nootka on the 4th of the month, and had advanced thus far along the northern shore of the strait. The meeting was, doubtless, vexatious to the commanders of both the parties, each being naturally anxious to secure to himself all the merit which might be acquired by deter- mining the character of this famous arm of the sea : they, however, received and treated each other with the utmost civility, mutually exhibiting their charts and journals, and comparing their obser- vations ; and, having agreed to unite their labors, they remained to- gether three weeks. During this time, they surveyed the shores of the great gulf above mentioned, called by the Spaniards Canal del Rosario, and by the English the Gulf of Georgia, which extended * See statement of the British commissioners, among tlio Proofs and Illustrations, in the latter part of this volume, under the letter G. t Vancouver describes these vessels as " each about forty-five tons burden, mount- ing two brass guns, and navigated by twent3^-four men ; bearing one lieutenant, with- out a single inferior officer. Their apartments just allowed room for sleeping-places on each side, with a table in the intermediate space, at which four persons could with difficulty sit ; and they were, in all other respects, the most ill-calculated and unfit vessels that could possibly be imagined for such an expedition." 240 PASSAGE THROUGH THE STRAIT OF FUCA. [1792. north-westward as far as the 50th degree of latitude ; and then, on the 13th of July, the English took leave of their Spanish friends, who, from want of force, were unable to keep up with them. On parting with the Spaniards, the English entered a passage, named by them Johnstone's Strait, leading from the north-west ex- tremity of the gulf; and after a long and difficult navigation through it, they, on the 10th of August, emerged into the Pacific at Queen Charlotte's Sound, about one hundred miles north of Nootka. Having been, from the commencement, persuaded that the land on the western side of the strait was an island, they had devoted their attention particularly to the eastern shores, through which a passage might be found to Hudson's Bay or the Arctic Sea ; but their search proved vain, and, after tracing to their terminations in the interior a number of long and intricate inlets, they became convinced that the continent extended uninterruptedly northward, at least to the 51st parallel of latitude. Immediately on entering the Pacific, the Discovery struck on a rock, and scarcely had she been got oflf ere a similar misfortune befell the Chatham ; both vessels, however, escaped with little injury, and they soon after arrived at Nootka Sound. Galiano and Valdes also passed through the strait by the same route, and reached Nootka in safety on the 4th of September. After the arrival of the Sutil and Mexicana at Nootka, Vancouver and the Spanish commander, Quadra, compared together the notes and charts of the two voyages through the Strait of Fuca ; and it was agreed between them, that the great island which that arm of the sea separated from the American continent should bear the names of them both. It has, in consequence, ever since been dis- tinguished on maps by the long and inconvenient appellation of Island of (Quadra and Vancouver, which it will scarcely be allowed to retain, when that part of the world shall be occupied by a civil- ized people. This survey of the Strait of Fuca was conducted in the most complete and effectual manner possible by Vancouver, whose ac- count of it, filling a large portion of his journal, together with his charts, aflford unequivocal testimony of the skill and perseverance of the British navigators. Galiano and Valdes seem also to have done as much as could have been expected, considering the smallness of their force and the miserable scale of their equipments. Had they not met the British ships, they would, doubtless, have found their way through the strait ; but they could never have made even a tolerable survey of it, as they must have left a number of passages 1792.] NEGOTIATIONS AT NOOTKA. 241 unexplored ; and the world would, probably, never have received any detailed report of their operations.* Before the arrival of these vessels at Nootka Sound, Captain Coamano returned from his search for the Rio de Reyes of Ad- miral Fonte, in which he had spent two months. During this period, he entered many of the openings in the coasts north and north-east of Queen Charlotte's Island, between the 53d and the 56th parallels of latitude ; some of which were found to be the mouths of bays, or of inlets running far inland, and others to be channels separating islands. He appears to have displayed much skill and industry in his examinations, as Vancouver indirectly testifies in his narrative : but he eftected no discoveries calculated to throw much light on the geography of that part of the coast ; and his labors were productive of advantage only in so far as they served to facilitate the movements of the English navigator, to whom his charts and journals were exhibited at Nootka. At Nootka, Vancouver found the store-ship Daedalus, which brought the instructions from the British government for his con- duct as commissioner. She left England in the autumn of 1791, under the command of Lieutenant Hergest ; and, passing around Cape Horn, she, in the latter part of March, 1792, fell in with the * The voyage of the Sutil and Mexicana was the last made by the Spaniards in the North Pacific Ocean, for the purposes of discovery ; and the only one, since that of Vizcaino, of which an authentic account has been given to the world, with the sanction of the Spanish government. The Journal of Galiano and Valdes was pub- lished at Madrid in 1802, hy order of the king, with, an Introduction, often cited in the preceding pages, including a historical sketch of the exploring voyages of the Spaniards on the coasts of America, north-west of Mexico. This Introduction is the only valuable part of the work ; the meagre and uninteresting details of the Journal having been superseded by the full and luminous descriptions of Vancouver : it was intended — as a defence of the rights of Spain to the north-west portion of America, which were supposed to be endangered since the cession of Louisiana to France — as a vindication of the claims of Spanish navigators to tlic merit of dis- covering those regions, which the British were endeavoring to monopolize — and as a reply to the charges, insinuations, and sarcasms, against the intelligence, liberality, and good faith, of the Spanish government and nation, brought forward by Fleurieu. It was compiled chiefly from the original journals and other documents, in the archives of the Council of the Indies, relative to tlie exploration of the North Pacific coasts ; and, in this manner, many curious if not important facts were communi- cated, which might otherwise have remained forever buried. It is, however, to be regretted that the author should have disfigured his work — as he has in every part in which the honor or interests of Spain are concerned — by gross and palpable misstate- ments of circumstances, respecting which he undoubtedly possessed the means of arriving at the truth. It may, perhaps, be considered a sufficient apology for him, that his book was published by the Spanish government, at Madrid, in 1802, as we know not what changes may have been made in it by insertions, suppressions, and alterations, after it left his hands. 31 242 LETTER OF GRAY AND INGRAM AM. [1792. islands in the centre of the Pacific, north of the Marquesas, which had been discovered by Ingraham in April of the preceding year. Sailing thence, she reached Woahoo, one of the Sandwich Islands, where Lieutenant Hergest and Mr. Gooch, the astronomer, were murdered by the natives, on the 11th of May; after which she came to Nootka Sound, under the command of Lieutenant New. Vancouver gave the name of Hergesfs Islands to the group visited by the Djedalus, as above mentioned ; and so they are called in his chart, although, as he says in his journal, he had been informed that they had been previously discovered and landed on by some of the American traders. For his conduct as commissioner, Vancouver was referred by his instructions to the convention of October, 1790, and to a letter brought by the Daedalus from count de Florida Blanca, the Spanish minister of state, addressed to the commandant of the port of San Lorenzo of Nootka, ordering that officer, in conformity with the first article of the convention, to put his Britannic majesty's com- missioner in possession of the buildings and districts, or parcels of land, which were occupied by his subjects in April, 1789, as well in the port of Nootka as in the other, said to be called Port Cox, and to be situated about sixteen leagues farther southward. A copy of this order had been given to Q,uadra, on his departure from Mexico ; but it does not appear that either of the commissioners was furnished by his government with any evidence to assist him in ascertaining precisely what lands were to be restored, or for what buildings indemnification was to be made by the Spaniards. In order to supply this want of information. Quadra had, imme- diately on arriving at Nootka, made inquiries on the subject of Maquinna and other chiefs of the surrounding tribes ; all of whom, without hesitation, denied that any lands had been purchased, or any houses had been built there, by the English at any time. As the testimony of the savage chiefs could not, however, be of much value alone, he had next addressed his inquiries to Captains Gray and Ingraham, who arrived at Nootka in July, as already stated, and who had witnessed the proceedings at that place in 1789, when the former commanded the Washington, and the latter was first mate of the Columbia ; and they, in answer, sent a letter, dated August 2d, containing a clear and particular statement of all the circumstances connected with the occupation of Nootka, and the seizure of the vessels by Martinez. With regard to the particular points in question, they declare unequivocally that, although they 1792.] PROPOSITIONS OF (QUADRA. 243 had been in habits of constant intercourse with Maquinna and his people for nine months, they had never heard of any purchase of lands on that coast by British subjects ; and that the only building seen by them, when they reached the sound in September, 1789, was a rude hut, made by the Indians, which had been destroyed long before the arrival of the Spaniards.* These statements were, in all respects, confirmed by Viana, the Portuguese, who had been the captain of the Iphigenia in 1788 and 1789, and who was then with his vessel at Nootka ; and the Spanish commissioner thereupon considered himself authorized to assume that no lands ivere to be restored, and no buildings to be replaced or paid for by Spain. A communication to this effect, with copies of the letters of Gray and Ingraham and Viana, was, accordingly, addressed by Quadra to Vancouver, on the arrival of the latter at Nootka. The Spanish commissioner, however, at the same time offered, with the view of removing all causes of disagreement between the two nations, to surrender to the British the small spot of ground on the shore of Friendly Cove, which had been temporariij- occupied by Meares and his people in 1788; to give up, Tor their use, the houses and cul- tivated lands of the Spaniards near that place ; and to retire with all his forces to Port Nufiez Gaona, in the Strait of Fuca, (where an establishment had been begun by Fidalgo,) until the two govern- ments should determine further on the matter: with the under- standing, nevertheless, that this cession was not to be considered as affecting the rights of his Catholic majesty to the dominion of the territory, and that Nootka was to be regarded as the most northern settlement of the Spaniards, to whom the whole coast lying south of it, and the adjacent country, was to be acknowledged to belong exclusively. Vancouver, on the other hand, had thought proper to construe the first article of the convention of 1790 as giving to his country- men possession of the whole territory surrounding JSootlca and Clyo- quot ; and he therefore refused to receive what was offered by Quadra, declaring, with regard to the concluding part of the Spaniard's proposition, that he was not authorized to enter into any discussion as to the rights or claims of the respective nations. In this conviction he was supported by the evidence of Robert Duffin, the former mate of the Argonaut, who happened to arrive at Nootka while the negotiation was in progress. This person testified that * See letter of Gray and Ingraham to Quadra, among the Proofs and Illustrations, in the latter part of this volume, under the letter D. 244 duffin's evidence. [1792. he had accompanied Mr. Meares to Nootka in 1788, with his two vessels, which sailed under Portuguese colors and under the name of a Portuguese merchant, for the purpose of avoiding certain heavy duties at Macao, but were, notwithstanding, " entirely British property, and ivholly navigated by the subjects of his Britannic majesty ; " that he had himself been present when Mr. Meares purchased " from the two chiefs, Maquinna and Callicum, the whole of the land that forms Friendly Cove, Nootka Sound, in his Bri- tannic majesty's name," for some sheets of copper and trifling articles ; that the natives were perfectly satisfied, and, with the chiefs, did homage to Mr. Meares as sovereign ; that the British flag — not the Portuguese — was displayed on shore on that occasion; that Mr. Meares caused a house to be erected on a convenient spot, containing three bed-chambers, with a mess-room for the officers and proper apartments for the men, " surrounded by several out- houses and sheds for the artificers to work in, all of which he left in good repair, under the care of Maquinna and Callicum, until he, or some of his associates, should return ; that he, Duffin, was not at Nootka when Martinez arrived there, but he understood no vestige of the house remained at that thne ; and, on his return thither in July, 1789, he found the Cove occupied by the subjects of his Catholic majesty, and on the spot on which the house had stood were the tents and houses of some of the people of the ship Columbia. Upon the streigth of this testimony, Vancouver pro- nounced the declarations of Messrs. Gray and Ingraham to be en- tirely false ; and he takes pains, in several parts of his work, to animadvert, in severe terms, on what he is pleased to call " the wilful misrepresentations of the Americans, to the prejudice of British subjects." On the points to which Duffin's statement relates, it is unneces- sary to add any thing to what has been already said. The evidence is presented to us by Vancouver, in the form of an abstract, of the correctness of which, as well as of the candor of that officer, we may be enabled to form an estimate, by comparing his abstract of the letter from Gray and Ingraham to Quadra, with the letter itself. It will be thus seen, that the British commander has, most unfairly, garbled the testimony of the American traders, by suppressing or altering every part of it which could tend to place his countrymen, or their cause, in an unfavorable light, or to excuse the conduct of the Spaniards towards them. His bitterness towards the citizens of the United States, on this occasion, may, perhaps, be attributed 1792.] NEGOTIATION SUSPENDED. 245 to the circumstance, that, on his arrival at Nootka, he learned the complete success of Gray in finding a large river, and a secure harbor, on a coast which he had himself explored in vain with the same objects. The correspondence between the two commissioners was con- tinued for some weeks, at the end of which, finding it impossible to effect any definitive arrangement, they agreed to submit the matter, with all the additional evi ience obtained by both parties, to their respective governments, and to await further orders ; Nootka being, in the mean time, considered a Spanish port.* Vancouver, * The preceding sketch of the negotiation between Vancouver and Quadra is derived from the Journals of Vancouver, Gahano and Valdes, and Ingraham. The following summary account of the business, extracted from Ingraliam's Journal, was drawn up, at his request, by Mr. Howel, the supercargo of the American brig Mar- garet, who acted as translator for Quadra, and saw the whole of the correspondence. "The indefinite mode of expression adopted by Messrs. Fitzherbert and Florida Blanca did not affix any boundaries to the cession expected by Great Britain : what the buildings were, or what was the extent of the tract of land to be restored, the plenipotentiaries did not think proper to determine. Don Juan Francisco, having no better guide, collected the best evidence he could procure, and that could enable him to determine what were the lands and buildings of which the British subjects were dispossessed, and which the tenor of the first article of the convention alone authorized him to restore. The result of this investigation, in which he was much aided by your communication, supported by the uniform declarations of Maquinna and his tribe, sufficiently evinced that the tract was a small corner of Friendly Cove, and, to use the words of Captain Vancouver, little more than a hundred yards in ex- tent any way; and the buildings, according to your information, dwindled to one hut. Seiior Quadra, having ascertained the limits usually occupied by Mr. Meares^ or his servants, was ever ready to deliver it, in behalf of his Catholic majesty, to any envoy from the British court. Captain Vancouver arrived at Nootka Sound in the latter end of August ; and Sefior Quadra wrote to him on the subject of their re- spective orders, and enclosed your letter, together with one from a Captain Viana, a Portuguese, who passed as captain of the Iphigenia, when she was detained by the Spaniards. Don Juan Francisco, in his letter, avowed his readiness to put Captain Vancouver in possession of the tract of land where Mr. Meares's house once stood, which alone could be that ceded to Great Britain by the convention. Senor Quadra offered, likewise, to leave for his accommodation all the houses, gardens, &c., which had been made at the expense of his Catholic majesty, as he intended leaving the port immediately. In the same letter, he tendered Captain Vancouver offers of every service and assistance which hospitality or benevolence could dictate. Cap- tain Vancouver, in reply, gratefully acknowledged the intended favors, but entirely dissented from the boundaries affixed by Seiior Quadra to the tract of land, of which he was to receive the possession and property ; and, in pursuance of his directions, interpreted the first article as a cession of this port, viz., Nootha Sound, in toio, to- gether tcUh. Clyoquot, or Port Cox. He aisclaimed all retrospective discussion of the rights, pretensions, &c., of the two courts, and also of the actual possessions of British subjects in Nootka Sound, deeming it irrelevant to the business he was authorized to transact, and only to be settled by the respective monarchs. The letters which followed on both sides were merely a reiteration of the foregomg proposals and demands. Senor Quadra invited to a discussion of the boundaries, tSrc, and sup- 246 SURVEY OF bulfinch's harbor. [1792. accordingly, despatched Lieutenant Mudge, by way of China, to England, with communications for his government ; and he then prepared for his own departure towards the south, being resolved to examine the Columbia River and Bulfinch's Harbor, of which he had received from Quadra copies of the charts given to that officer by Gray. Vancouver sailed from Nootka, with his three vessels, on the 13th of October, and, on the 18th, he was opposite Bulfinch's Harbor, to examine which he detached Lieutenant Whidbey, in the Daeda- lus, while he himself proceded with the other vessels to the mouth of the Columbia. Into that river Broughton penetrated, in the Chatham, on the 20th : the Discovery was unable to pass the bar at the mouth ; and Vancouver, being persuaded that the stream was inaccessible to large ships, " except in very fine weather, with moderate winds, and a smooth sea," sailed to the Bay of San Francisco, where he had ordered the other officers to join him in case of separation. In December following, the whole squadron was reunited at Monterey, where Whidbey and Broughton pre- sented the reports of their observations. Whidbey's account of Bulfinch's Harbor was less favorable than Gray's ; from both, however, it appears that the place possesses advantages which must render it important, whenever the surround- ing region becomes settled. It affords a safe retreat for small vessels, and there are several spots on its shore where boats may land without difficulty : moreover, it is the only harbor on the coast, between Cape Mendocino and the Strait of Fuca, except the mouth of the Columbia ; and, under such circumstances, labor and inge- nuity will certainly be employed to correct and improve what nature has offijred. Upon the strength of this survey, the place has been frequently distinguished on British, and even on American maps, as Whidbei/s Harbor, although Vancouver himself has not pre- tended to withhold from Gray the merit of discovering it. Broughton, as before mentioned, entered the Columbia with the ported his evidence with well-grounded reasoning; yet Captain Vancouver steadily adhered to the demands he first made, and refused every kind of discussion. The definitive letter from Seiior Quadra was transmitted on the 15th of September ; but, it being of the same nature with the preceding ones, Captain Vancouver only re- plied by a repetition of his former avowal, and informing the Spanish connuandant that he could receive, on the part of his master, the king of Britain, no other terri- tories than those he had pointed out in his other letters, with which if Serior Quadra did not comply, he must retain them for his Catholic majesty, until the respective courts should determine what further proceedings they might deem necessary." 1792.] BROUGHTON SURVEYS THE COLUMBIA RIVER. 247 Chatham, on the 20th of October ; and he there, to his surprise, found lying at anchor the brig Jenny, from Bristol, which had sailed from Nootka Sound a few days previous. Scarcely had the Chat- ham etfected an entrance ere she ran aground ; and the channel proved to be so intricate, that Brougiiton determined to leave her about four miles from the mouth, and to proceed up the stream in his cutter. A short account of his survey will be sufficient, as it would be unnecessary to present an abridgment of the long and minute description given in the journal of Vancouver. The portion of the Columbia near the sea was found by Brough- ton to be about seven miles in width ; its depth varied from two fathoms to eight, and it was crossed in every direction by shoals, which must always render the navigation difficult, even by small vessels. Higher up, the stream became narrower, and, at the distance of twenty-five miles from its mouth, its breadth did not exceed a thousand yards. These circumstances were considered by Broughton and Vancouver as authorizing them to assume that the true entrance of the river was at the last-mentioned point, and that the waters between it and the ocean constituted an inlet or sound.* From the extremity of this inlet, the party rowed eighty miles up the river, in a south-west course, to a bend, where, the current being so rapid as to prevent them from advancing without great labor, they abandoned the survey, and returned to their vessel. The angle of land around which the river flowed, and where their progress was arrested, received the appellation of Point Vancouver ; the part of the inlet where the ship Columbia lay at anchor during her visit, was called Gray^s Bay ; and that immediately within Cape Disappointment was named Baker^s Bay, in compliment to the captain of the Jenny. On the 10th of November, the Chatham * " 1 shall conclude this account of the Columbia River by a few short remarks that Mr. Broughton made in the course of its survey, in his ow^n words. ' The discovery of this river, we were given to understand, is claimed by the Spaniards, who called it Entrada dc Ceta, after the commander of the vessel who is said to be its first discoverer, but who never entered it; he places it in 46 degrees north latitude. It is tlie same opening that Mr. Gray stated to us, in the spring, he had been nine days off, the former year, but could not get in, in consequence of the outsetting current ; that, in the course of the late summer, he had, however, entered the river, or rather the sound, and had named it after the ship he then commanded. The ex- tent Mr. Gray became acquainted with on that occasion is no farther than what I have called Gray's Bay, not more than fifteen miles from Cape Disappointment, though, according to Mr. Gray's sketch, it measures thirty-six miles. By his calcu- lation, its entrance lies in latitude 46 degrees 10 minutes, longitude 237 degrees 18 minutes, differing materially, in these respects, from our observations.' " — Vancou- ver, vol. ii. p. 74. 248 UNWOBTHVr conduct of VANCOUVER. [1792. quitted the Columbia, in company with the Jenny, and arrived at Port San Francisco before the end of the month. The distinction which Vancouver and Broughton have thus en- deavored to estabhsh between the upper and the lower portions of the Columbia, is entirely destitute of foundation, and at variance with the principles of our whole geographical nomenclature. Inlets and sounds are arms of the sea, running up into the land ; and their waters, being supplied from the sea, are necessarily salt : the waters of the Columbia are, on the contrary, generally fresh and potable within ten miles of the Pacific ; the volume and the overbearing force of the current being sufficient to prevent the farther ingress of the ocean. The question appears, at first, to be of no conse- quence : the following extract from Vancouver's journal will, how- ever, serve to show that the quibble was devised by the British navigators, with the unworthy object of depriving Gray of the merits of his discovery : " Previously to his [Broughton's] depart- ure, he formally took possession of the river, and the country in its vicinity, in his Britannic majesty's name, having every reason to believe that the subjects of no other civilized tiation or state had ever entered this river before. In this opinion he was confirmed by Mr. Gray^s sketch, in which it docs not appear that Mr. Gray either saw or ever ivas within five leagues of its entrance.''^ This unjust view has been adopted by the British government and writers, and also, doubtless from inadvertency, by some distinguished authors in the United States. It may be, indeed, considered fortunate for Gray, that, by communicating the particulars of his discoveries, as he did, to Quadra, he secured an unimpeachable witness in support of his claims ; had he not done so, the world would probably never have learned that a citizen of the United States was the first to enter the greatest river flowing from America into the Pacific, and to find the only safe harbor on the long line of coast between Port San Fran- cisco and the Strait of Fuca. At San Francisco and Monterey, Vancouver surveyed the bays, and examined the Spanish establishments, of which he presents minute and graphic descriptions in his narrative ; and he obtained satisfactory evidence that the presidio of San Francisco, situated near the entrance of the bay, in latitude of 37 degrees 48 minutes, tvas the northernmost spot, on the Pacific coast of America, occupied by the Spaniards previous to the mo7ith of May, 1789, and was, con- sequently, according to the convention of 1790, the northernmost spot on that coast over which Spain could exercise exclusive juris- 1793.] EXECUTION OF MURDERERS AT WOAHOO. 249 diction. At Monterey, the English commander again met and conferred with the Spanish commissioner Quadra ; and it was agreed between them, that Lieutenant Broughton should proceed to Europe, across Mexico, with further communications, for their respective courts, on the subject of the arrangement of the ques- tions at issue. These affairs having been concluded, the Daedalus was sent to New South Wales ; and Vancouver proceeded, with the Discovery and Chatham, the latter under Lieutenant Puget, to the Sandwich Islands, where they arrived in the middle of Feb- ruary, 1793. At Owyhee, the English ships were visited by Tamahamaha, who was, by this time, acknowledged as king of the island by all the other chiefs except Tamaahmoto, the murderer of the crew of the Fair American. Vancouver immediately recognized the authority ot Tamahamaha, to which he endeavored, but in vain, to induce Tamaahmoto to submit ; he then sailed to Mowee, where he succeeded in negotiating a peace between Titeree, king of that island, and the sovereign of Owyhee, and thence to Woahoo, where he superintended the trial and execution of three natives, who had been delivered up to him as the murderers of Hergest and Gooch, the officers of the Daedalus. The particulars of these judicial proceedings are detailed with precision by Vancouver, who seems to have been perfectly content with their regularity and correctness ; nevertheless, when Broughton visited the island, in 1796, he was assured, as he says, "that the men who were exe- cuted alongside of the Discovery had not committed the murders, but were unfortunate beings whom the chief selected to satisfy Captain Vancouver." * This appears to be certain from subsequent accounts ; and it seems to be somewhat strange, that Vancouver should not have suspected it to have been the case, at the time of the trial. Having performed these acts of diplomacy and justice in the Sandwich Islands, Vancouver proceeded to the American coasts ; and, after examining the portion near Cape Mendocino, including the place called Port Trinidad by the Spaniards, in 1775, so as to connect his surveys north and south of that portion, he sailed to Nootka, where he arrived on the 20th of May, 1793. The remain- der of the warm season was passed by the British navigators in making a minute and laborious examination of the shores of the * Journal of a Voyage to the Pacific, from 1793 to 1797, by Captain Robert Broughton, p. 42. 32 250 PRETENDED CESSION OF OWYHEE TO GREAT BRITAIN. [1794. continent, and the islands in its vicinity, from the northern entrance of the Strait of Fuca, near the 51st degree of latitude, northward, as far as the 54th parallel ; tracing to their terminations, as in the preceding year, all the passages which appeared to run eastward, as well as many others, which were found to be channels separating islands from each other or from the main land. Several open- ings still remained unexplored beyond the 54th parallel ; but the weather became so stormy at the end of September, that the survey could no longer be continued with safety or advantage : Vancouver accordingly returned along the western side of Queen Charlotte's Island to Nootka, and thence took his departure for Port San Francisco, which he reached on the 19th of October. From Port San Francisco the British navigators sailed along the shores of California — which Vancouver takes care always to call New Albion — as far south as San Diego, near the 33d degree of latitude, visiting every important point on their way, and observing the coasts with great exactness ; and thence, in the middle of De- cember, they went to Owyhee, where they found that the supremacy of Tamahamaha was admitted, though with some qualifications, by the people and the other chiefs. Here Vancouver succeeded in effecting a reconciliation between the king and Tahowmannoo, his sultana, (since better known as Kaahumanu,) from whom he had been for some time separated on account of her open and repeated infidelities ; and he soon after gave further proof of his talents as negotiator, in a transaction the particulars of which do not appear to have been understood in the same light by both the parties. The navigator states that a strong disposition had been manifested by several chiefs, at the time of his first visit, to place their island under subjection to the British king, but that it had been opposed by other chiefs, on the ground that they should not surrender themselves to a superior foreign power, unless they were assured that they would thus be really protected against distant and neighboring enemies. At the time of his second visit, however, he found the disposition to submit much increased, and, as he says, *' Under a conviction of the importance of these islands to Great Britain, in the event of an extension of her commerce over the Pacific Ocean, and in return for the essential services we had derived from the excellent productions of the country, and the ready assistance of its inhabitants, I lost no opportunity for encour- aging their friendly dispositions toward us, notwithstanding the 1794.] PRETENDED CESSION OF OWYHEE TO GREAT BRITAIN- 251 disappointments they had met from the traders, for whose conduct I could invent no apology ; endeavoring to impress them with the idea that, on submitting to the authority and protection of a superior power, they might reasonably expect they would in future be less liable to such abuses." Acting under these views, he concihated Tamahamaha by building for him a small vessel, on which the guns taken from the schooner Fair American were mounted ; and, having induced all the principal chiefs to m'iet him on the shore near his ships, it was determined, at the assembly, that Owyhee should be ceded to his Britannic majesty ; it being, however, clearly understood, thai no interference was to take place in the religion, government, and domestic economy, of the island — '^ that Tamahamaha, the chiefs, and priests, tvere to continue, as usual, to officiate, with the same authority as before, in their respective stations, and that no alteration in those particulars was in any degree thought of or intended.'' So soon as this resolution was announced. Lieu- tenant Puget, the commander of the Chatham, landed, displayed the British colors, and took possession of the island in the name of his sovereign ; after which a salute was fired from the vessels, and a copper plate was deposited in a conspicuous place at the royal resi- dence, bearing the following inscription : " On the 25th of February, 1794, Tamahamaha, king of Owyhee, in council with the principal chiefs of the island, assembled on board his Britannic majesty's sloop Discovery, in Karakakooa Bay, and, in presence of George Vancouver, commander of the said sloop, Lieutenant Peter Puget, commander of his said majesty's armed tender the Chatham, and the other officers of the Discovery, after due consideration, unani- mously ceded the said island of Owyhee to his Britannic majesty, and acknowledged themselves to be subjects of Great Britain." That Vancouver assumed more than was warranted, in thus asserting the cession of Owyhee, and the subjection of its chiefs to Great Britain, is clear ; not only from the subsequent declarations of the chiefs, that they only intended to place themselves under the protection of that power, but also from the understanding estab- lished between them and the navigator, that there ivas to be no interference in their internal concerns. At farthest, the transaction, even if ratified by the British government, can only be viewed as an engagement, on the part of the islanders, not to cede their country to any other nation, and, on the part of Great Britain, to secure them against conquest or oppression by any other. Most probably each of the parties merely desired to obtain for itself as 252 TAMAAHMOTO RECEIVED BY VANCOUVER. [1794. many advantages as could be derived from the transaction, without any intention to observe concomitant obligations. Tamahamaha expected to receive assistance from Great Britain in conquering the remaining islands of the group ; and Vancouver wished to prevent other nations from resorting to Owyhee. It may be added, that Great Britain has, to this day, been little, if at all, benefited by the Sandwich Islands ; and that Tamahamaha, though he lived and flourished for twenty-five years after the transaction above men- tioned, never received a present, or even a message of any kind, from his brother King George, to whom he, however, occasionally sent a message by a whaling captain, reminding him that Vancou- ver's promise of a ship of war had not yet been fulfilled. No such promise is recorded in the journal of Vancouver ; though it there appears that the islanders had reason to believe that a vessel of war would be sent, for their protection, from Great Britain. Another circumstance connected with this pretended cession of Owyhee to the British deserves particular notice. The consumma- tion was delayed for some time, on account of the absence of Tamaahmoto, or Kamamoko, one of the most powerful chiefs, the same who, in February, 1790, captured the schooner Fair American, and murdered her crew, as already stated. Vancouver had, at first, refused to receive this man, or to have any intercourse with him ; but when it was found to be indispensable for the cession, that Tamaahmoto should give his vote in favor of it, the British commander began " seriously to reflect on all the circumstances that had attended his visits to the islands ; " and he, in the end, became '' thoroughly convinced that implacable resentment or un- relenting anger, exhibited in his own practice, would ill accord with the precepts which he had endeavored to inculcate for the regulation of iheirs." He therefore " determined, by an act of oblivion in his own mind, to efface all former injuries and offences," which he probably found no difficulty in doing, as the injuries and offences were committed against citizens of the United States ; and he accordingly intimated that he would " no longer regard Tamaah- moto as undeserving forgiveness, and would allow of his paying the compliments as he had so repeatedly requested, provided he would engage, in the most solemn manner, that neither himself nor his people (for he generally moved with a numerous train of attendants) would behave in any manner so as to disturb tile subsisting harmony." On receiving this intimation, Tamaahmoto readily came forward ; he was admitted to the table of the British commander, and was 1794.] VANCOUVER COMPLETES THE SURVEY OF THE COAST. 253 one of the seven chiefs who assented to the cession. It is not necessary to show what inference the natives of the Sandwich Islands might draw from a comparison between the favor thus shown to the murderer of citizens of the United States, and the trial and execution of the persons who were charged with causing the deaths of the officers of the British vessel at Woahoo.* Soon after these transactions, the British navigators took their final leave of the Sandwich Islands, and, returning to the north-west coasts of America, examined every port which they had not previ- ously visited, from the peninsula of Aliaska, eastward and southward, to Queen Charlotte's Island. They began at Cook's River, and, having ascertained that no great stream entered that bay, they changed its name to Cook^s Inlet, which is now most commonly applied to it. They then proceeded to Prince William's Sound, the shores of which were completely surveyed ; and thence along the bases of Mounts St. Elias and Fairweather, to the great opening in the coast, near the 58th degree of latitude, which had been called by Cook Cross Soimd. In Cook's Inlet and Prince William's Sound, they visited all the Russian establishments, of which Van- couver presents full and satisfactory accounts ; and, having succeeded in proving that the place in which Bering anchored on his last expedition could be no other than that called Admiralty Bay, at the foot of Mount St. Elias, on the east, they gave to it the name of Bering^s Bay, and as such it generally appears on English charts : the Russians call it the Bay of Yakutat. Through Cross Sound, Vancouver passed into a labyrinth of channels, some among islands, others running far inland, and termi- nating in the midst of stupendous mountains ; and, having succeeded in threading nearly all these passages, particularly those taking a northern or eastern direction, and thus joined his survey with that of the preceding year, he considered his task accomplished. He had made known the existence of an almost infinite number of islands, between the 54th and the 58th parallels, in the position assigned to the Archipelago of St. Lazarus, in the story of Fonte's voyage : but whilst a part of that story thus seemed to be confirmed, the remainder was supposed to be entirely disproved, as no great river * Tamaahmoto did not, however, scruple to declare, two years afterwards, that he would take the first vessel whicii might come witliin his roach ; and so little effect had the executions at Woahoo, that Captain Brown, of the British ship Buttorworth, was killed, in January, 1795, by the natives of that island, in an attack which they made on his vessel with the intention to take her. — See Broughton's account of his voyage in the Pacific, p. 43. 254 STIKINE RIVER. [1794. was found issuing from the continent opposite these islands ; and Vancouver became well satisfied " that the precision with which his survey had been conducted would remove every doubt, and set aside every opinion of a north-west passage, or any water communi- cation navigable for shipping, between the North Pacific and the interior of the American continent, within the limit of his re- searches." The belief thus expressed by the navigator has been completely confirmed. It must, nevertheless, be admitted that, con- sidering the intricacies in the coasts between the 48th and the 58th parallels, many passages, by which vessels could penetrate into the interior of the continent, might have long escaped the notice of the most careful observer ; and in evidence of this is the fact, that a river called the Stikine* three miles wide at its mouth, and a mile ulJe thirty miles higher up, has been, since Vancouver's voyage, found entering the arm of the sea named by him Prince Frederick'' s Sound, in the latitude of 56 degrees 50 minutes. Vancouver's failure to discover the mouth of the Columbia should have ren- dered him distrustful of the entire accuracy of his observations in such cases. After completing these discoveries, Vancouver took possession of the part of the continent extending north-westward of that around the Strait of Fuca, which he had named JSew Georgia, as far as the 59th degree of latitude, and of all the adjacent islands, " in the name of his Britannic majesty, his heirs and successors," with the formalities usual on such occasions, including a double allow- ance of grog to the sailors. He also bestowed upon the various territories, straits, bays, &c,, names derived almost entirely from the lists of the members of the royal family, the ministry, the Par- liament, the army and the navy of Great Britain ; the importance * Vancouver mentions Stikeen as the name of a country or nation on the conti- nental shore of Prince Frederick's Sound ; and he heard, from the natives farther south, of a place in that sound called by them Uon-nass, which word seemed to mean great channel. The first intimation of the existence of the river was probably com- municated to the world by the captain of the ship Atahualpa, of Boston, from whose journal an extract is published in the Collections of the Massachusetts Historical Society for 1804, p. 242. The captain there says, — " August 25th, 1802. I had some conversation with Cou (a chief of an island near Queen Charlotte's Sound) respecting the natives who inhabit the country back of Stikeen : he liad his information from Cokshoo, the Stikeen chief. * * * Cou also informs me that the place called JVass, or Uon-nass (spoken of by Vancouver) by the natives in Chebassa Strait, (Prince Frederick's Sound,) is the mouth of a river of very considerable extent, but unknown, navigable for vessels or large canoes." Near this place, the Atahualpa was attacked, in January, 1805, and her captain, mate, and six seamen, were killed : the others of her crew succeeded in escaping with the vessel. 1794.] NAMES OF PLACES ON THE NORTH-WEST COAST. 255 of the place thus distinguished being generally in proportion to the rank of the individual. Thus we find upon his chart of the north- west archipelago, the large islands or groups of King George the Third., the Prince of Wales, the Duke of York, and the Admiralty ; with the smaller ones of Pitt, Haivkesburij, Dundas, and Burke ; between which are the Duke of Clarence's Strait, Prince Frederick's Sound, Chatham Canal, Grenville Canal, and Stephens's Passage : a small group, near the 55th parallel, partially surveyed by Caamano, in 1791, was allowed to retain the name of Revillagigedo Islands, in honor of the enlightened viceroy of Mexico. The capes, bays, and smaller points or channels, are distributed among the JVindhams, Walpoles, and other high families, principally those belonging to the Tory party ; one little point being, however, vouchsafed to Charles James Fox. Without questioning the right of the discov- erer to impose these names, it may be observed, that none of them will, in all probability, ever be used by the inhabitants of the region in which the place so called is situated. The Russians, who occupy the islands and coasts of the main-land north of the 54th parallel, rigorously exclude from their charts, and from use in every way, the appellations assigned to places in their dominions by people of other civilized countries ; and even the British traders, whose posts extend through the parts of the continent distinguished by Vancouver as Neiv Georgia, Netv Hanover, New Cornwall, and New Norfolk, appear to be entirely ignorant of those names. From the northern coasts, Vancouver, when his labor was ended, went to Nootka, where he found the Spaniards still in possession, under the command of Brigadier Alava ; Quadra having died in the preceding spring, at San Bias. As no information had been received there from Europe respecting the surrender of the territories, the British commander sailed to Monterey, where he learned that the question had been " adjusted by the two courts amicably, and nearly on the terms which he had repeatedly offered to Quadra in Sep- tember, 1792;" and also "that the business was not to be carried into execution by him, as a fresh commission had been issued for the purpose by the court of London." Under these circumstances, he resolved to return immediately to Europe ; and he accordingly quitted Monterey on the 2d of December, 1794. On his way southward, he examined the Cahfornian coast, though not minutely, as far as Cape San Lucas, from which he took his departure for Valparaiso, in Chili. After a short stay at that place, he passed around Cape Horn, and arrived in England in November, 1795 ; 256 END OF THE NOOTKA CONTROVERSY [1796. having completed, in the most effectual manner, the most extensive nautical survey which had ever been made in one expedition.* No account has yet transpired of the negotiation between the courts of London and Madrid, respecting the extent of territory, and the buildings on the north-west coasts of America, which were to be restored to British subjects, after the reference of that question to them by their commissioners. Lieutenant Broughton, who had been despatched to England by Vancouver in 1793, was thence sent by the government on this business to Madrid ; and, on his return to London, he was ordered to proceed to the North Pacific, in the sloop Providence, for the purpose of surveying the coasts of Asia, near Japan, being commissioned, at the same time, to receive possession of the territories at Nootka, in case the restitution should not have been previously made. He accordingly sailed from Eng- land for Nootka, where, in April, 1796, he was informed, by letters left in charge of Maquinna,t " that the Spaniards had delivered up the port of Nootka, &c., to Lieutenant Pierce, of the marines, agreeably to the mode of restitution settled between the two courts," * Vancouver's journal and charts were published at London in 1798, before which period the navigator had sunk into the grave. His journal is a simple record of obser- vations and occurrences, written in a plain and intelligible, though homely and un- pretending style ; and it is entirely free from those displays of imagination, in the shape of long political and philosophical disquisitions with which such works are often overloaded. The charts and views of the land are admirably executed, and their accuracy has been since generally confirmed. We are, in fact, indebted to Vancouver and his officers for our knowledge of the outline of the whole western coasts of Amer- ica, from the peninsula of California to the peninsula of Aliaska ; of which all the principal points have been ascertained with the utmost precision, so that succeeding navigators have only had to make corrections in the intermediate spaces. Vancouver himself was certainly a man of great courage, perseverance, and professional skill, possessing also good temper and good feelings, except with regard to citizens of the United States, against whom and their country he cherished the most bitter animosity- While admitting, with frankness, the merits of subjects of other nations, as discoverers or as men, he did not hesitate to adopt unworthy means to deprive the Americans of the reputation which they had justly earned by their labors in exploring, and to blacken their characters as individuals : for this object, he made use of misrepresentations, misstatements, insinuations, and concealments, whenever occasions presented them- selves; and that which he would have commended in a Briton, or excused in a Rus- sian or a Spaniard, became criminal in his eyes when committed by a citizen of the hated republic. He, nevertheless, appears to have given satisfaction to all with whom he came personally into communication. Ingraham speaks of him with the utmost respect, and acknowledges his obligations for the uniform kindness of the British navigator. In the Sandwich Islands his memory is universally cherished. He was long expected to return and establish himself there, as a commissioner from his sovereign ; and he probably would have been admitted among the number of their gods, if the ship which he is said to have promised to Tamahamaha had ever Deen sent. t Journal of a Voyage in the Pacific, by Captain Robert Broughton, p. 50. 1796.] END OF THE NOOTKA CONTROVERSY. 2.57 in March, 1795, after which the place had been entirely evacuated by both parties. This is the account given by Broughton in his journal, which, however, affords no information as to the mode of restitution thus settled. On tiie other hand, Belsham, an historian who, notwithstanding the violence of his prejudices, cannot be sus- pected of want of attachment to the honor or interests of his country, and who possessed ample means of ascertaining the fact, writes, in 1805,* '-'It is nevertheless certain, from the most authentic subse- quent information, that the Spanish jlag jlying at Nootlca was never struck, and that the territory has been virtually relinquished by Great Britain." It indeed seems very improbable that the British government, which had just concluded a treaty of alliance with Spain, and had induced that power to declare war against France, when Broughton was sent to the Pacidc, should at the same time have required the surrender of this territory, or that Spain should have assented to it while she possessed the right, by the convention, to indemnify the British claimants for all such losses of land or build- ings, as they could prove to have been sustained by tiiem, since the month of April, 1789. It is more reasonable to suppose that the Spaniards merely abandoned the place, the occupation of which was useless and very expensive.f Since that period, no civilized nation has ever attempted to form an establishment at Nootka Sound, nor have the Spaniards occupied any spot on the Pacific coast of America north of Port San Francisco. In July, 1796, Spain, having been unsuccessful in her hostile operations against the French republic, was obliged to make peace with that power ; and, in October following, she was likewise obliged * History of Great Britain, vol. viii. p. 337. t In the library of Congress, at Washington, is an interesting Spanish manuscript presented by General Tornel, during his residence in the United States as minister from Mexico, entitled " Instruccion reservada del Rcyno do Nueva Espaiia que el Exmo. Seiior Virrey Conde de Revillagigedo dio i su Sucesor el Exmo. Senor Mar- ques de Branciforte en el Aifio de 1794 " — Secret Iiistmctions respecting the Kingdom of Kexo Spain, given, in 1794, by the Viceroy, Count de Revillagigedo, to his Successor, the Marquis de Branciforte. This work, which abounds in curious details relative to the administration of affairs in Mexico, has been carefully examined with reference to the objects of the present memoir. Nothing, however, has been collected from it, except m confirmation of statements elsewhere made. The paragraphs from 703 to 713, in- clusive, arc devoted to the Marine Department of San Bias, to whicli, as already men- tioned, the care of the Spanish colonics in California was committed. The count recommends to his successor the maintenance of those colonies, as the best means of preserving Mexico from foreign influences ; advising him, at the same time, however, not to extend the establishments beyond the Strait of Fuca. With regard to Nootka, it is merely stated, in paragraph 713, that orders had been sent to the commandant to abandon the place, agreeably to a royal dictamcn. 33 258 WAR BETWEEN SPAIN AND ENGLAND. [1796. to declare war against her former ally, Great Britain. In the mani- festo published by the court of Madrid, on the latter occasion, " the frequent arrival of English vessels on the coasts of Peru and Chili, to carry on contraband trade, and to reconnoitre those coasts, under the pretext of the whale fishery, which privilege they claimed under the Nootka convention," is alleged among the causes of the rupture. The British government, in its answer, denied " that the whale fishery by the English, in these parts, was, as asserted, claimed in the convention of Nootka, as then for the first time established," insisting that the right was, in that convention, " solemnly recognized by the court of Madrid, as having always belonged to Great Britain, and the full and undisturbed exercise of which was guarantied to his majesty's subjects, in terms so express, and in a transaction so recent, that ignorance of it cannot be pretended." That Great Britain did always possess the right to fish in the Pacific and South- ern Oceans, agreeably to the principles of common justice, is un- questionable ; but that this right was acknowledged by Spain in the Nootka convention, or in any other treaty between those powers previous to 1796, is by no means exact. In the Nootka conven- tion, all assertions and recognitions of rights are, on the contrary, avoided ; the whole instrument being, in fact, a series of conces- sions, limitations, and restrictions, resting entirely on the consent of both parties, and expiring on the withdrawal of its consent by either. On this declaration of war by Spain against Britain, the Nootka convention, with all its stipulations, of whatsoever nature they might have been, expired, agreeably to the rule universally observed and enforced among civilized nations, that all treaties are ended by war between the parties. From that moment, Spain might, as before the convention, claim the exclusive navigation of the Pacific and Southern Oceans, and the sovereignty of all their American coasts ; •and Great Britain might again assert the right of her subjects to sail and fish in every open sea, and to settle on every unoccupied coast.* From the preceding view of the circumstances connected with the convention of October, 1790, and the occupation of Nootka Sound by the Spaniards, we are authorized to conclude, — That no part of " the north-west coasts of the continent of North America, or of the adjacent islands," had ever been owned or occu- pied by British subjects, anterior to the establishment of the Spanish post at Nootka Sound, in May, 1789: Consequently, — * Further considerations on this subject will be found in the fifteenth chapter of this History. 1796.] WAR BETWEEN SPAIN AND ENGLAND. 259 That no " buildings or tracts of land," on those coasts or islands, were " to be restored to British subjects," agreeably to the first and second articles of the convention of October, 1790: And, as a further consequence, — That the abandonment of Nootka Sound by the Spaniards in 1795, under whatsoever circumstances it may have been effected, gave to Great Britain no oilier rights at that place, than those which she enjoyed in common with Spain, in every other part of the coasts and islands north of Port San Francisco, by virtue of the third and fifth articles of the same convention. 260 CHAPTER XII. 1788 TO 1810. Establishment of the North- West Fur Trading Company of Montreal, in 1783 — Expeditions of Mackenzie to the Arctic Sea and to the Pacific Coast — The Trade between the North Pacific Coasts of America and Canton conducted almost ex- clusively by Vessels of the United States from 1796 to 1814 — Establishment of the Russian American Company — Its Settlements and Factories on the American Coasts — Expedition of Krusenstern through the North Pacific — Proposition of the Russian Government to that of the United States, with Regard to the Trade of the North Pacific. Whilst the navigators of various nations were thus completing the survey of the shores of North-West America, important infor- mation respecting the interior regions of that section of the conti- nent was obtained by the agents of an association formed at Montreal, in 1784, for the prosecution of the fur trade in the Indian territories, which were supposed to be beyond the jurisdiction of the Hudson's Bay Company. Before Canada came into the possession of Great Britain, a large, if not the greater, portion of the furs sent from America by the subjects of that power was shipped from New York. After that period, Montreal became the principal seat of the trade ; and dis- putes immediately arose between the Hudson's Bay Company, which claimed the whole division of America drained by streams falling into that sea, and the Canadians, who pursued their trade in the southern and western parts of that territory. These disputes, with which the British government did not, from policy, choose to inter- fere, were injurious to the interests of both parties ; and, the Indian countries north of Lake Superior having been, about the same time, almost depopulated by the smallpox, the trade was confined, for some years, to the environs of Hudson's Bay, the lower lakes, and the St. Lawrence, where the animals were less numerous, and their furs inferior in quality. At length, about the year 1775, some enterprising merchants of Montreal penetrated into the countries, far north-west of Lake Superior, drained by the Saskatchawine and Athabasca Rivers, 1784.] NORTH-WEST COMPANY FORMED. 261 which had long before been frequented by the French ; and their success in trade was such as to induce others to make similar ex- peditions. The Canadians were, however, exposed, on their way, to great difficulties and annoyances from the Hudson's Bay Com pany, with which they were unable separately to contend ; and they, in consequence, in the year 1784, united their interests, and assumed for their association the title of the North- West Company of Montreal. Other associations were afterwards formed, under different names ; but they were soon either dissolved or united with the North- West Company. The organization of this new company was such, as to insure the utmost regularity and devotion to the interests of the concern, among all who were engaged in its service. The number of the shares was at first sixteen ; it was afterwards increased to twenty, and then to forty : a certain proportion of them was lield by the agents, residing in Montreal, who furnished the capital ; the remain- der being distributed among the proprietors, or partners, who super- intended the business in the forts or posts in the interior, and the clerics, who traded directly with the Indians. The clerks were young men, for the most part natives of Scotland, who entered the service of the company for five or seven years ; and, at the end of that time, or even earlier, if they conducted themselves well, they were admitted as proprietors. The inferior servants of the com- pany were guides, interpreters, and voyageurs, the latter being employed as porters on land, and as boatmen on the water, all of whom were bound to the interests of the body by hopes of advance- ment in station or in pay, and of pensions in their old age. The agents imported from England the goods required for the trade, had them packed into bundles of about ninety pounds weight each, and despatched them to the different posts ; and they received the furs in packs of the same size, and conducted the shipment and sale of them. The furs, as also the articles for the trade and use of the persons employed, were transported through the continent principally in canoes, for which the Ottowa River, Lakes Huron and Superior, and the other innumerable lakes, and the streams connecting them farther north-west, offered great fa- cilities ; the portage between the navigable waters on the lines of the route being effected by the voyageurs, who carried the bundles, and sometimes, also, the canoes, across the intervening tracts of land. In this manner the goods and furs passed one, two, and even three, thousand miles between the agent at Montreal and the pro- 262 EXPEI>ITION TO THE ROCKY MOUNTAINS. [1788. prietor at the trading-post ; and nearly four years elapsed between the period of ordering the goods in Canada, and that at which the furs could be sold in London. Before the formation of the North- West Company, the farther- most trading establishment of British subjects was one on the Athabasca or Elk River, about twelve hundred miles north-west of Lake Superior, which had been founded by Messrs. Frobisher and Pond, in 1778 ; and this continued to be the principal post in that part of the continent for ten years, when it was abandoned, and another, called Fort Chipewyan, was established on the south-west side of the Athabasca Lake, or Lake of the Hills, into which the Elk River discharges its waters. In the mean time, several large parties had been sent, for the purposes of trade and discovery, from Canada towards the west, one of which, consisting of about a hundred men, penetrated to the foot of the great dividing chain then called the Shining Mountains, or Mountains of Bright Stones, and now commonly known as the Rocky Mountains ; * but they were * Of this expedition an account appeared in a letter written at Pittsburg, in 1791, by an officer of General St. Clair's army, and published in the Collections of the Massachusetts Historical Society for 1794. The writer, whose name is not given, received his information from a Mr. M , who had, as he said, commanded the party in question. The following extracts will show the principal circumstances connected with the expedition, and among them will be found nothing which should induce us to doubt the truth of the account : — " Mr. M. stated that he had, about five years ago, departed from Montreal, with a company of about one hundred men, for the purpose of making a tour through the Indian countries, to collect furs, and to make remarks, &c. He pursued his route from Montreal, and entered the Indian country, and coasted about three hundred leagues along the banks of Lake Superior, whence he made his way to the Lake of the Woods, of which he took an accurate survey, and found it to be thirty-six leagues in length, and thence to Lake Ounipique, [Winnipeg,] of which he also gives a description. The tribes of Indians through which he passed were called the Mus- kego, Shipewyan, Cithnistinee, Great-belly, Beaver, Blood, Black-feet, Snake, Ossnobian, Shiveyton, Mandon, Paunee, and several others, &c. In pursuing his route, he found no difficulty in obtaining a guide to accompany him from one nation to another, until he reached the foot of the Shininff Mountains, or Mountains of Bright Stones, where, in attempting to pass, he was frustrated by the hostile appearance of the Indians who inhabit that part of the country ; the consequence of which was, that he was disappointed in his intention, and obliged to turn his back upon them. Having collected a number of Indians, he went forward again, with an intention to force his way over these mountains, if necessary and practicable, and to reach Cook's River, on the north-west coast of America, supposed by him to be about three hundred leagues from the mountains; but the inhabitants of the mountains again met him with their bows and arrows, and so superior were they in numbers to his little forces, that he was obliged to flee before them. Cold weather coming on, he built huts for himself and party in the Ossnobian [Assinaboin] country, and near to the source of a large river called the Ossnobian River, where they tarried duriog the cold season, and until some time in the warm months." 1789.] MACKENZIE REACHES THE ARCTIC SEA. 263 unable to proceed farther, in consequence of the hostile dispositions of the natives. Between 1788 and 1794, two other expeditions were made from Fort Chipewyan by Mr. Alexander Mackenzie, the superintending proprietor at that place, of which a particular account should be here given, as the geographical information obtained in them was highly interesting, and led to important commercial and political results.* The Athabasca Lake is a basin about two hundred miles in length from east to west, and about thirteen in average breadth, sit- uated under the 59th parallel of latitude, midway between the Pacific Ocean and Hudson's Bay. It is supplied by several streams, of which the principal are the Athabasca or Elk River, flowing from the south, and the Unjigah or Peace River, from the Rocky Moun- tains, on the west ; and its waters are discharged through the Slave River, running about two hundred miles north, into the Great Slave Lake, discovered by Hearne in 1771. All these rivers join the Athabasca Lake at its south-west end, near which Fort Chipewyan was then situated. Mackenzie's first expedition was made in 1789, and its principal object was to ascertain the course of the waters from the Great Slave Lake to the sea, which Hearne had left undetermined. For this purpose, he left Fort Chipewyan, with his party, in bark canoes, on the 3d of June, 1789, and, passing down the Slave River into the Great Slave Lake, he discovered a large stream flowing out of tiie latter basin, at its north-west extremity, to which he gaxe the name of Mackenzie Rive}' ; and this stream he descended about nine hundred miles, in a north-west direction, along the base of a chain of mountains, to its termination in the sea. On his return, he examined the country east of his great river, which had been traversed by Hearne, and arrived at Fort Chipewyan on the 12th of September, after an absence of nearly three months. The mouth of the Mackenzie was suj)posed by its discoverer to be situated near the 69th degree of latitude, and about 25 degrees of longitude, or five hundred miles, west of the mouth of Hearne's Coppermine River, which is not far from its t.ue position.f Still * Voyages from Montreal, on the River St. Lawrence, through the Continent of North America, to the Frozen and the Pacific Oceans, in 1789 and 1793, with a pre- liminary Account of the Fur Trade of that Country ; by Sir Alexander Mackenzie. London, 1801. t Its principal mouth is in latitude 69", longitude 136<' west from Greenwich. 264 Mackenzie's journey to the pacific. [1792. farther west must, of course, be situated any passage or sea con- necting the Pacific witii the part of the ocean into which both those rivers were supposed to empty ; and the existence of any such passage east of Bering's Strait became, in consequence, much less probable. In his second expedition, Mackenzie quitted Fort Chipewyan on the lOtli of October, 1792, and ascended the Unjigah or Peace River, from the Athabasca Lake, with much difficulty, to the foot of the Rocky Mountains, where he spent the winter in camp. In June of tlie following year, he resumed his voyage up the same stream, which he traced, in a south-west direction, through the mountains, to its springs, near the 54th degree of latitude, distant more than nine hundred miles from its mouth. Within half a mile of one of these springs, he embarked on another stream, called by the natives Tacoutchce-Tessee, down which he floated in canoes about two hundred and fifty miles ; then, leaving the river, he proceeded westward about two hundred miles over land, and, on the 22d of July, 1793, he reached the Pacific Ocean, at the mouth of an inlet, in the latitude of 52 degrees 20 minutes, which had, a few weeks previous, been surveyed by Vancouver, and been named the Cascade Canal. Having thus accomplished a passage across the American continent at its widest part, he retraced his steps to Fort Chipewyan, where he arrived on the 24th of August. By this expedition, Mackenzie ascertained beyond all doubt the fact of the extension of the American continent, on the Pacific Ocean, undivided by any water passage, as far north as the latitude of 52 degrees 20 minutes ; which fact was, about the same time, rendered nearly, though not absolutely, certain by the examinations of Vancouver. The River Tacoutchee-Tessee was supposed to be the upper part of the Columbia, until 1812, when it was traced to its mouth, in the Strait of Fuca, near the 49th degree of latitude ; and since that time it has been called Fraser's River. The discoveries of Mackenzie, taken in conjunction with the re- sults of Vancouver's surveys, strengthened the conclusion, at which Cook had arrived, that the American continent extended uninter- ruptedly north-westward to Bering's Strait ; and Mackenzie him- self conceived, though certainly without sufficient grounds, that he had clearly determined in the negative the long-agitated question as to the practicability of a voyage from the Atlantic to the Pacific, around the northern shores of America. For the advancement of British interests in the North Pacific, he recommended that the 1792.] JOURNEYS OF FIDLER AND TRUDEAU. 265 Hudson's Bay and the North- West Companies, which had been opposed to each other ever since the formation of the latter, should be united ; that the British government should favor the establish- ment of commercial communications across North America, for which the rivers and lakes in the portion claimed by him for that power aftbrded unrivalled facilities ; and that the East India Com- pany should throw open to their fellow-subjects the direct trade between the north-west coasts of America and China, which was then, he says, " left to the adventurers of the United States, acting without regularity or capital, or the desire of conciliating future confidence, and looking only to the interest of the moment." These recommendations were not thrown away, but were nearly all adopted by those to whom they were addressed ; and the result has been, the extension of British commerce and dominion throughout the whole northern section of America. Whilst Mackenzie was engaged in his journey to the Pacific coast, Mr. Fidler, a clerk in the service of the North- West Company, made an expedition from Fort Buckingham, a trading-post on the Saskatchawine River, south-westward, to the foot of the Rocky Mountains,* along which he seems to have travelled, through the regions drained by the head-waters of the Missouri. About the same time, several trading voyages were made up the Missouri by the French and Spaniards of St. Louis ; particularly by the mem- bers of a company formed at that place by a Scotchman named Todd, under the special protection of the Spanish government, the object of which was to monopolize the whole trade of the interior and western portions of the continent.f The trade of the citizens of the United States with the Indians in the central portion of the continent was much restricted, for many years after the establishment of the independence of the republic, in consequence of the possession of Louisiana by the Spaniards, and the retention by the British of several important posts south of the great lakes, within the territory acknowledged as * On Arrowsmith's "Map of all the new Discoveries in J^orth America," published Qt London in 1795, several streams are represented, on the authority of Mr. Fidler, as flowing from the Rocky Mountains on both sides ; but none corresponding with them in course or position have been since found. t The journal of one of these voyages, made by M. Trudeau, in 1794, has been preserved in the archives of the Department of State at Washington ; it is, however, devoted chiefly to the numbers, manners, customs, religion, &c., of the natives on the banks of the Missouri, particularly of the Arickaras, inhabiting the country under the 46th parallel of latitude. 34 266 AMERICAN COMMERCE IN THE PACIFIC. [1796 1814. belonging to the Union, by the treaty of 1783. At length, by the treaty of November 19, 1794, between Great Britain and the United States, it was agreed that these posts should be given up to the Americans, and that the people of both nations, and the Indians " dwelhng on either side of the boundary line, should have liberty freely to pass and repass, by land or inland navigation, into the respective territories of the two parties, on the continent of America, (the country within the limits of the Hudson's Bay only excepted,) and to navigate all the lakes, rivers, and waters thereof, and freely to carry on trade with each other." The surrender of these posts, especially of Detroit and Michilimackinac, was very inconvenient to the North-West Company, whilst the trade of the Americans with the central regions was thereby increased ; and large quantities of furs were annually transported to the Atlantic cities, principally to New York, from which place they were dis- tributed throughout the United States, or shipped for London or Canton. On the North Pacific, the direct trade between the American coasts and China remained, from 1796 to 1814, almost entirely, as Mackenzie said, in the hands of the citizens of the United States : the British merchants were restrained from engaging in it by the opposition of their East India Company ; the Russians were not admitted into Chinese ports ; and few ships of any other nation were seen in that part of the ocean. That these American " adventurers acted without regularity or capital, or the desire of conciliating future confidence, and looking only to the interest of the moment^'' was also, to a certain extent, true ; though the facts can scarcely be considered discreditable to them, as Mackenzie insinu- ated, even supposing their operations to have been conducted in the manner represented by a British writer, whose hostility to the United States and their citizens was even more violent than that of Vancouver. " These adventurers," says the writer above mentioned,* " set out on the voyage with a few trinkets of very little value. In the Southern Pacific, they pick up some seal-skins, and perhaps a few butts of oil ; at the Gallipagos, they lay in turtle, of which they * Review of "A Voyage around the World, from 1806 to 1812, by Archibald Campbell," in the London Quarterly Review for October, 1816, written in a spirit of the most deadly hatred towards the United States, and filled with assertions most impudently false. 1796 1814.] AMERICAN COMMERCE IN THE PACIFIC. 267 preserve the shells ; at Valparaiso, they raise a few dollars in ex- change for European articles ; at Nootka, and other parts of the north-west coasts, they traffic with the natives for furs, which, when winter commences, they carry to the Sandwich Islands, to dry and preserve from vermin ; here they leave their own people to take care of them, and, in the spring, embark, in lieu, the natives of the islands, to assist in navigating to the north-west coast, in search of more skins. The remainder of the cargo is then made up of sandal, which grows abundantly in the woods of Atooi and Owyhee, of tortoise shells, sharks' fins, and pearls of an inferior kind, [meaning, probably, mother-of-pearl shells,] all of which are acceptable in the China market ; and with these and their dollars they purchase cargoes of tea, silks, and nankins, and thus complete their voyage in the course of two or three years." This account appears to be, in most respects, correct, with regard to many of the American vessels engaged in the Pacific trade at the period to which it relates ; and it serves only to prove the industry, energy, courage, and fijvill, of those who embarked in such difficult and perilous enterprises, and conducted them so successfully. It would, however, be easy to show, from custom-house returns and other authentic evidence, that the greater number of the vessels sent from the United States to the north-west coasts were fine ships or brigs, laden with valuable cargoes of West India productions, British manufactured articles, and French, Italian, and Spanish wines and spirits ; and that the owners were men of large capital and high reputation in tlie commercial world, some of whom were able to compete with the British companies, and even occasionally to control their movements. The American traders in the Pacific have also been accused, by British writers, of practising every species of fraud and violence in their dealings with the natives of the coasts of that sea : yet the acts cited in support of these general accusations are only such as have been, and ever will be, committed by people of civilized nations, — and by none more frequently than the British, — when unrestrained by laws, in their intercourse with ignorant, brutal, and treacherous savages, always ready to rob or murder upon the slightest prospect of gain, or in revenge for the slightest affi-ont. Seldom did an American ship complete a voyage through the Pacific without the loss of some of her men, by the treachery or the ferocity of the natives of the coasts which she visited ; and 268 AMERICAN COMMERCE IN THE PACIFIC. [1796 1814. several instances have occurred of the seizure of such vessels, and the massacre of their whole crews, in this manner.* AH the islands in the Pacific, and every part of the north-west coasts of America, were visited by the vessels of the United States in the course of these voyages. Their principal places of resort were the Sandwich Islands, where they obtained fresh provisions, and occasionally seamen from among the natives; and the mouth of the Columbia, Nootka Sound, and Queen Charlotte's Island, in which they traded with the Indians for furs. They occasionally touched at the ports of California, where they were, hoM'ever, viewed with great distrust by the Spanish authorities ; and they generally made the tour of the Russian settlements, which derived from the Americans, in this way, the greater part of their supplies of European manufactures, ammunition, sugar, wines, and spirits, in exchange for peltries. The furs were, as before, sold in Canton, at prices not high, though sufficient to encourage a moderate importation ; but they seldom formed the whole cargo of the vessels arriving there, the remainder being composed of sandal-wood, and pearl and tor- toise shells. The Sandwich Islands fell in succession under the authority of Tamahamaha, who displayed admirable sagacity in his mode of conducting the government, amid all the dangers and difficulties arising from internal opposition and the constant presence of stran- gers of various nations. Like the present pacha of Egypt, he was not only the political chief, but also the chief merchant of his territories : in his minor commercial operations he was generally * In 1805, the ship Atahualpa, of Rhode Island, was attacked by tne savages in Millbank Sound, and her captain, mate, and six seamen, were killed ; after which the other seamen succeeded in repelling the assailants and saving the vessel. In March, 1803, the ship Boston, of Boston, while lying at Nootka Sound, was attacked by Maquinna and his followers, who obtained possession of her, and put to death all on board, with the exception of two men, who, after remaining in slavery four years, effected their escape. In the same manner, the ship Tonquin was, in June, 1811, seized by the natives, at the entrance of the Strait of Fuca, and her whole crew murdered in a moment, as will be hereafter more particularly related ; and other instances of a similar nature might be cited. The account of the capture of the Boston, by John R. Jewitt, the armorer of the ship, contains many curious details respecting the country around Nootka Sound, and its inhabitants, as observed by the author during his residence there, from 1803 to 1807. This little work has been frequently reprinted, and, though seldom found in libraries, is much read by boys and seamen in the United States. It presents the last notices which have been found on record of Maquinna, for whom Jewitt appears to have entertained a great admiration. 1799.] RUSSIAN AMERICAN COMPANY ESTABLISHED. 269 successful ; but when he ventured to extend the scale of his specu- lations, by sending vessels laden with sandal-wood to Canton, he was, as he asserted, always cheated by those to whom he committed the management of the business. In California, the Franciscan missionaries were proceeding steadily in their course, and the number of their converts was daily increasing. The government appears to have been liberal in the appropriation of funds for their use ; but, in Spanish America, a long time always elapsed between the issue of an order for supplies and their delivery, and a large proportion of the amount originally ordered was generally subtracted before it reached those for whose use it was designed. Soldiers, whose terms had expired, were also, in some cases, allowed to remain in the country ; and the com- mandants permitted a little contraband trade with the Americans, who introduced manufactured articles in return for hides. In the mean time, the Russians of Northern Asia, though ex- cluded from the ports of China, continued their commerce with that empire, as also with Europe, as formerly, by means of caravans passing over land ; the communications being conducted principally by a company established at Irkutsk, the great mart of that part of the world. The fur trade of the northernmost coasts of the Pacific was monopolized by the association, formed in 1781, under the direction of Schelikof and Gollikof, which was protected by the empress Catharine, and endowed with many important privileges. After the death of Catharine, in 1794, her son and successor, Paul, at first determined to put an end to the association, on account of the alleged cruelty of its agents towards the natives of the American coasts : he was, however, induced to change his resolution ; and, a union having been effected, in 1798, between the two companies above mentioned, a decree was issued, on the 8th of July of the following year, conceding to them, under the title of the Russian American C/)mpany, the entire use and control, for twenty years, of all the coas'ts of America on the Pacific, from the 55th degree of north latitude to Bering's Strait, together with the adjacent islands, including the Kurile and the Aleutian groups, all of which were claimed as having been discovered by Russians. The company was also authorized to explore, and bring under subjection to the imperial crown, any other territories in America not previously attached to the dominions of some civilized nation ; with the express provision that the natives of all these countries should be treated with kindness, and, if possible, be converted to the 270 RUSSIAN ESTABLISHMENTS IN AMERICA. [1806. Greek Catholic faith. Tliese privileges were, confirmed and in- creased by the emperor Alexander, whose chief minister of state, Count RomanzofF, was a zealous promoter of all that could tend to advance the power and interests of Russia in the Pacific ; and the company still enjoys the favor of the government, its charter having been renewed by successive decrees in 1821 and 1839. Under these advantageous circumstances, combined with great skill and energy in the management of its aflfairs, and aided by the constant increase of facilities for communication throughout the empire, the Russian American Company prospered ; and its estab- lishments soon extended over the whole of the Aleutian Archipelago, and thence eastward along the coast and islands of the American continent, to the distance of more than a thousand miles. In 1803, the most eastern of these establishments was on Norfolk Sound, the Port Guadelupe of the Spaniards, near the 56th degree of latitude, at the southern entrance of the passage which separates Mount San Jacinto or Edgecumb from the largest island of King George III.'s Archipelago. This settlement, founded in 1799, was de- stroyed, in 1803, by the natives of the country, with the assistance, as it is said, of some seamen who had deserted from an American vessel ; but another was formed there in 1805, which received tlie name of Neiv Archangel of Sitca, and has ever since been the capital of Russian America. The other principal establishments of the company were in Unalashka and Kodiak, and on the shores of Cook's Inlet, Prince William's Sound, and Admiralty or Bering's Bay. In 1806, preparations were made for occupying the mouth of the Columbia River ; but the plan was abandoned, although that spot, and the whole region north of it, was then, and for some time after continued to be, represented, on the maps pubhshed by the company, as within the limits of its rightful possessions. The population of each of these establishments consisted princi- pally of natives of America, brought by the Russians from other and distant parts of the coast ; between whom and the people of the surrounding country there were no ties of kindred or language, and there could be httle community of feelings or interests. The Aleutian Islands and Kodiak furnished the greater number of these forced emigrants, and also a large proportion of the crews of the vessels employed in the service of the company. The Russians were enlisted in Kamtchatka and Siberia, for a term of years : they entered as Promuschleniks, or adventurers, and were employed, according to the will of their superiors, as soldiers, sailors, hunters, 1806.] GOVERNMENT OF RUSSIAN AMERICA. 271 fishermen, or mechanics ; in the best of which situations their lot was more wretched than that of any other class of human beings within the pale of civilization, or, indeed, of any other class of per- sons whatsoever, except the natives of the American coasts, whom they assisted in keeping under subjection. Under such circum- stances, it will be easily believed that " none but vagabonds and adventurers ever entered the company's service as Promuschleniks ; " that " it was their invariable destiny to pass a life of wretchedness in America ; " that " few had the good fortune ever to touch Rus- sian ground again, and very few to attain the object of their wishes by returning to Europe." * The government of Russian America was arranged on a plan even more despotic than that of the other parts of the empire. The general superintendence of the affairs of the company was in the hands of a Directory, residing at St. Petersburg, by which all the regulations and appointments were made, and all questions were decided, with the approval, however, of the imperial depart- ment of conmierce. All the territories belonging to the company, and all persons and things in them, were placed under the control of a chief agent or governor, residing at Kodiak or Si tea, from whose orders there was no appeal, except to the Directory : in like manner, each district or group of settlements was ruled by an inferior agent, accountable directly to the governor-general ; and each factory or settlement was commanded by an overseer, chosen from among the Promuschleniks, who possessed the right to pun- ish, to a certain extent, those within the circle of his authority. The regulations for the government of these territories were, like those of the Spanish Council of the Indies, generally just and humane ; but the enforcement of them, as in Spanish America, was intrusted, for some time, to men with whom justice and humanity were subordinate to expediency. The first chief agent was Alex- ander Baranof, who had accompanied Schelikof in his expedition in 1783, and was the superintendent of the settlements at Kodiak and Cook's Inlet when Vancouver visited those places in 1794. He was a shrewd, bold, enterprising, and unfeeling man, of iron frame and nerves, and the coarsest habits and manners. By his inflexible severity and energy, he seems to have maintained absolute and in- dependent sway over all the Russian American coasts for more than twenty years ; showing little respect to the orders of the Directory, * Knisenstern's Account of his Voyage to the North Pacific. 272 GOVERNMENT OF RUSSIAN AMERICA. [1806. and even to those of the emperor, when they were at variance with his own views. He was, however, devoted to the interests of the company, and, its affairs being most profitably managed under his direction, he was allowed to follow his own course, and the com- plaints against him which reached the Directory were unheeded. These complaints were, it is true, not frequent ; for the Directory and the imperial throne at St. Petersburg were almost as completely inaccessible to the subjects and servants of the company residing in America, as they would have been in another planet. Among the in- ferior agents were men of higher and better character than their chief; but they were forced to bend under his authority, and their efforts to introduce improvements were vain, if they in any degree conflicted with his views as to the immediate interests of the company. Of the furs which formed the whole returns from these territories, some were transported in the company's vessels to Petropawlowsk and Ochotsk, whence were brought back the greater part of the supplies of provisions for the use of the establishments ; the re- mainder of the furs being exchanged for arms, ammunition, spirits, wine, tobacco, sugar, and European manufactures, furnished by the trading ships of the United States, of which a large number were then constantly employed in the North Pacific. The presence of these American vessels was by no means agreeable to the Russians, who would willingly have excluded them from that part of the ocean, not only for the purpose of monopolizing the fur trade, but also in order to prevent the natives of the coasts from obtaining arms and ammunition from the Americans, as they frequently did, to the detriment of the authority and interests of the company. This, however, could not have been effected without maintaining a large naval force in the North Pacific ; nor could the settlements have been extended or supported without the supplies furnished by the Americans, unless a direct intercourse were estabhshed by sea with Europe, China, or Japan. With the view of inquiring what measures would be most effect- ual for the advancement of the interests of the Russian American Company in these and other respects, it was determined at St. Petersburg, in 1803, that an expedition, scientific and political, should be made through the North Pacific. Two ships, the Na- deshda, commanded by Captain Krusenstern, and the Neva, by Captain Lisiansky, were accordingly despatched from Cronstadt, in August of that year, under the direction of Krusenstern, carry- ing out a large body of officers and men, distinguished in various 1806.] rOTAGE OF KRUSENSTERN. 273 branches of science, together with the chamberlain, Von Resanoff, who was commissioned as ambassador to Japan, and as plenipoten- tiary of the Russian American Directory. The two ships passed together around Cape Horn, touched at the Washington and the Sandwich Islands, and then separated ; the Neva going to the north-west coasts of America, and the Nadeshda to Petropawlowsk, where she arrived in the middle of July, 1804. From Kamtchatka, Krusenstern proceeded, with the ambassador, to Nangasaki, the capital of Japan, at which place their arrival only served to excite suspicions : they were not allowed to land, except for the purpose of taking exercise in a confined space ; the letter and presents of the Russian emperor were rejected ; and the am- bassador was distinctly informed that no vessels belonging to his nation would, in future, be permitted to enter a Japanese port. After this rebuff, the Nadeshda returned to Kamtchatka, and Kru- senstern passed several months in examining the coasts of Tartary and the adjacent islands between that peninsula and Japan ; these labors being completed, he went to Canton, where she arrived in the end of November, 1805. Lisiansky, in the Neva, had, in the mean time, visited Sitca, Kodiak, and other Russian establishments, on the north-west coasts of America, at which his presence was advantageous to the interests of the company, by controlling the hostile dispositions of the natives ; and having performed all that could be done by him in that quar- ter, he proceeded to Canton, with a cargo of furs, and there rejoined Krusenstern, in December, 1805. The Chinese were found equally as determined as the Japanese to allow no commerce by sea with the Russians ; and many difficulties were experienced before the furs brought by the Neva could be landed for sale. This business being at length despatched, the two vessels took their departure, and, sailing around the Cape of Good Hope, reached Cronstadt in August, 1806, having carried the Russian flag for the first time across the equator and around the world. In the mean time, also. Von Resanoff, — a singularly ridiculous and incompetent person, — after the failure of his embassy to Japan, had gone, as plenipotentiary of the Russian American Company, to Sitca, where he passed the winter of 1805-1806, engaged in devis- ing plans for the conduct of the company's affairs, all of which were quietly set aside by the chief agent, Baranof. The propriety of expelling the Americans from the North Pacific was at the same time rendered questionable, by the fact that the garrison and set- 35 274 VOYAGE OF KRUSENSTERN. [1808. tiers at this place would have all perished from famine, had they not fortunately been supplied with provisions by the ship Juno, from Rhode Island. This ship was purchased for the use of the company, and Von Resanoff, embarking in her, sailed along the coast to Cal- ifornia, endeavoring, in his way, but without success, to enter the mouth of the Columbia, where he proposed to form a settlement ; and having spent some time in trifling at San Francisco, he returned to Kamtchatka, on his way from which to Europe he died. Though not one of the commercial or political objects proposed by this expedition was attained, it was, nevertheless, productive of great advantages, not only to the Russians, but to the cause of hu- manity and of science in general ; particularly by the rectification of numerous errors in the charts of the Pacific Ocean, and by the exposure of the abuses in the administration of the Russian Amer- ican Company's dominions, which led to the immediate removal of many of them. No one could have been better qualified for the direction of such an expedition than Krusenstern, whose narrative is equally honorable to him as a commander, as a man of science, and as a philanthropist. Those who wish to learn at what cost of human life and suffering the furs of the North Pacific coasts are pro- cured, will find ample information on the subject in his pages ; while, at the same time, he presents instances of fortitude, perseverance, and good feeling, on the part of his countrymen, calculated to coun- teract, in a great measure, the unfavorable impressions, with regard to them, which his other details might have produced.* In 1808, soon after the return of Krusenstern's ships to Europe, diplomatic relations were established between Russia and the United States ; and in the following year, a representation was addressed by the court of St. Petersburg to the government of the Union, on the subject of the illicit trade of American citizens with the natives of the North Pacific coasts, by means of which those savages were supplied with arms and ammunition, to the prejudice of the authority and interests of the emperor and his people in that portion * Accounts of this expedition have been published by Krusenstern, by Lisiansky, and by Langsdorf, the surgeon of the Nadeshda, all of which have been translated into English and other European languages. Krusenstern was, soon after his return to Russia, raised to the rank of admiral. He Btill lives at St. Petersburg, honored by his government, and esteemed by all who know him. His communications frequently appear in the reports of the proceedings of various scientific societies in Europe; they are chiefly respecting the hydrography of the Pacific Ocean, to which subject his labors have been long and assiduously devoted, with results important and beneficial to the whole world. 1810.] PROPOSITIONS OF RUSSIA TO THE UNITED STATES. 275 of his dominions. A desire was at the same time expressed, that some act should be passed by Congress, or some convention be concluded between the two nations, which might have the effect of preventing the continuance of such irregularities. No disposition being shown by the American government to adopt any of those measures. Count Romanzoff, the minister of foreign affairs at St. Petersburg, proposed to Mr. John Quincy Adams, the plenipoten- tiary of the United States at that court, an arrangement, by which the vessels of the Union should supply the Russian settlements on the Pacific with provisions and manufactures, and should transport the furs of the company to Canton, under the restriction of their abstaining from all intercourse with the natives of the north-west coasts of America. Mr. Adams, in his answer, showed several reasons for which his government could not, with propriety, accede to this proposition ; and he moreover desired to know within what limits it was expected that the restriction should be observed. This question was, doubtless, embarrassing to the Russian minister, who, however, after some time, replied, that the Russian American Com- pany claimed the whole coast of America on the Pacific and the adjacent islands, from Bering^s Strait, southward to and beyond the mouth of the Columbia River ; whereupon the correspondence was immediately terminated. There was, certainly, no disposition, on the part of the United States, to encourage their citizens in the trade which formed the subject of the complaints of the Russians, or to offend that power by refusing to cooperate in suppressing such a trade. But the American government properly considered that no means existed for enforcing the restrictions, with justice and regularity, even on the coasts which might be admitted to belong to Russia ; while, at the same time, the right of that nation to the possession of the coasts so far south as the Columbia, could not be recognized, for reasons which will be made apparent in the ensuing chapter. 276 CHAPTER XIII. 1803 TO 1806. Cession of Louisiana by France to the United States — Inquiries as to the true Extent of Louisiana — Erroneous Supposition that its Limits towards the North had been fixed by Commissaries agreeably to the Treaty of Utrecht — President Jefferson sends Lewis and Clarke to examine the Missouri and Columbia — Account of their Expedition from the Mississippi to the Pacific. f The discovery, or rediscovery, of the Columbia River, by Gray, remained almost entirely unknown, until it was communicated to the world by the publication of the narrative of Vancouver's expedition, in 1798 ; at which time, and for several years afterwards, no one imagined that any thing connected with that river would ever be- come particularly interesting to the people or government of the United States of America. The territories of the United States were, at that time, all in- cluded between the Atlantic Ocean on the east and the Mississippi River on the west. In the north were the British provinces ; in the south lay Florida, belonging to Spain ; and beyond the Mississippi, the Spaniards also claimed the vast region called Louisiana, stretch- ing from the Gulf of Mexico northward and north-westward to an undefined extent. Thus all communication between the States of the Federal Union and the Pacific was completely cut off", by the in- terposition of countries possessed by foreign and unfriendly nations. The position of the United States, and of their government and people, with regard to the north-western portion of the continent, was, however, entirely changed after the 30th of April, 1803, when Louisiana, which had been ceded by Spain to France in 1 800, came into their possession, by purchase from the latter power. From that moment, the route across the continent from the Atlantic to the Pa- cific lay open to the Americans ; and nothing could be anticipated capable of arresting their progress in the occupation of the whole territory included between those seas. Before relating the measures taken by the government of the United States in consequence of the acquisition of Louisiana, it will 1712.] GRANT OF LOUISIANA TO CROZAT. 277 be convenient to present some observations respecting the northern and western hmits of that portion of America. The first discovery of the southern part of the Mississippi and the adjacent countries, by the Spaniards, in the sixteenth century, has been already mentioned. The northern branches of that river vv^ere explored in the latter years of the seventeenth century, by the French, from Canada ; * and before 1710, many French colonies and posts had been estabhshed on its banks, in virtue of which. King Louis XIV. claimed possession of all the territories to a great distance on either side of the stream. In 1712, the exclusive trade of the southern division of these territories, then called Louisiana, was granted by King Louis to Antoine Crozat, in a royal decree or charter, bearing date the 17th of September, which contains the earliest exposition of the limits of that region. The words of the decree are as follows : f " Nous avons par ces presentes, signees de notre main, etabli et etablissons ledit Sieur Crozat, pour faire seul, le commerce dans toutes les terres par Nous possedees, et bornees par le Nouveau Mex- ique, et par celles des Anglais de la Caroline, tous les etablissemens, ports, havres, rivieres, et principalement le port et havre de I'isle Dauphine, appellee autrefois de Massacre, le fleuve St. Louis, au- trefois appellee Mississippy, depuis le bord de la mer jusqu'aux Illinois, ensemble les rivieres St. Philippe, autrefois appellee des Missourys, et St. Hierosme, autrefois appellee Ouabache, avec tous les pays, contrees, lacs dans les terres, et les rivieres qui tombent directement ou indirectement dans cette partie du fleuve St. Louis. Voulons * JeiFreys — or whoever wrote the history of the French dominions in America, pub- lished under the name of JeiFreys, in 1759 — says, at p. 134 of that work, " The Mis- sissippi, the chief of all the rivers of Louisiana, which it divides almost into two equal parts, was discovered by Colonel Wood, who spent almost ten years, or from 1654 to 1664, in searching its course, as also by Captain Bolt, in 1670." t "We have, by these presents, signed with our hand, authorized, and do authorize, the said Sieur Crozat, to carry on exclusively the trade in all the territories by us pos- sessed, and bounded by New Mexico and by those of the English in Carolina, all the establishments, ports, harbors, rivers, and especially the port and harbor of Dauphin Island, formerly called Massacre Island, the River St. Louis, formerly called the Mis- sissippi, from the sea-shore to the Illinois, together with the Rivers St. Philip, formerly called the Missourics River, and the St. Jerome, formerly called the Wabash, [the Ohio,] with all the countries, territories, lakes in the land, and the rivers emptying directly or indirectly into that part of the River St. Louis. All the said territories, countries, rivers, streams, and islands, we will to be and remain comprised under the name of the government of Louisiana, which shall be dependent on the general gov- ernment of New France, and remain subordinate to it; and we will, moreover, that all the territories which we possess on this side of the Illinois, be united, as far as need be, to the general government of New France, and form a part thereof; reserving to ourself, nevertheless, to increase, if we judge proper, the extent of tbe government of the said country of Louisiana." 278 LOUISIANA CEDED BY FRANCE TO SPAIN. [1762- que les dites terres, contrees, fleuves, rivieres et isles, soient et de- meurent compris sous le nom du gouvernement de la Louisiane, qui sera dependant du gouvernement general de la Nouvelle France, auquel il demeurera subordonne ; et voulons en outre, que toutes les terres que nous possedons, depuis les Illinois, soient reunies, en tant que besoin est, au gouvernement general de la Nouvelle France, et en fassent partie ; Nous reservant neanmoins d'augmenter, si nous le jugeons a propos, I'etendue du gouvernement du dit pays de la Louisiane." This description of the extent of Louisiana v^^as sufficiently defi- nite for the immediate purposes of the concession : as the trade and settlement of the country would necessarily be, for a long time, con- fined to the vicinity of the great rivers, the precise determination of its boundaries on the east and the west might well be deferred for future arrangement with Great Britain and Spain. Crozat relin- quished his privilege in 1717 ; the Illinois country was then annexed to Louisiana, by a royal decree, and the whole region was granted to the Compagnie d' Orient, better known as Law^s Mississippi Com- pany, which held it until 1732 : in that year it reverted to the French crown, and was governed as a French province until 1769. On the 3d of November, 1762, the preliminaries of peace were signed at Paris, between France and Spain on the one part, and England and Portugal on the other ; and on the same day, " the most Christian king authorized his minister, the duke de Choiseul, to deliver to the marquis di Grimaldi, the ambassador of the Catholic king, in the most authentic form, an act, whereby his most Christian majesty cedes, in entire possession, purely and simply, without ex- ception, to his Catholic majesty, and his successors in perpetuity, all the country known under the name of Louisiana, as also New Or- leans and the island in which that city is situated." The cession accordingly took place in form, on the 23d of the same month, in precisely the same terms as to the extent of the territory ceded ; * and on the 10th of February following, a treaty was concluded at Paris, between France and Spain on the one part, and Great Britain and Portugal on the other, by which Great Britain obtained posses- sion of Canada, Florida, and the portion of Louisiana " east of a line, drawn along the middle of the Mississippi, from its source to * The documents relating to this cession were kept secret until 1836, when copies of them were obtained from the archives of the Department of Foreign Affairs at Mad- rid, by the late J. M. White, of Florida; from which translations were made by the author of this History, and published by the Senate of the United Statw, in 1837. 1803.] LOUISIANA CEDED TO FRANCE, AND TO THE U. STATES. 279 the River Iberville, and thence along the middle of the Iberville, and the Lakes Maurepas and Pontchartrain, to the sea." By these treaties, the eastern boundary of Louisiana was defini- tively fixed, from the Mexican Gulf to the head of the Missis- sippi ; and Great Britain, at the same time, formally renounced all her claims to the territories west of that river. With regard to ! the western limits of Louisiana, no settlement of boundaries was ] necessary ; as the territory thus acquired by Spain would join , other territories, of which she also claimed possession. The transfer of Louisiana by France to Spain was not officially promulgated until 1765 ; nor did the Spaniards obtain possession of the country until 1769, from which period they occupied it continually, until the 30th of November, 1803. In the mean time, Louisiana twice changed its masters. On the 1st of October, 1800, a treaty was concluded between the French re- public and the king of Spain, by which the former party en- gaged to enlarge the dominions of the duke of Parma, a prince of the royal family of Spain, by adding to them some other territories in Italy ; and his Catholic majesty, by the third article, "engaged, on his part, to retrocede to the French republic, six months after the full and entire execution of the above-mentioned conditions and stipulations relative to the duke of Parma, the colony or province of Louisiana, ivith the same extent which it now has in the hands of Sjyain, and which it had when France possessed it, and such as it should be, according to the treaties subsequently made between Spain and other states." * The conditions relative to the duke of Parma having been fulfilled by France, Louisiana became the property of that republic ; between which and the United States of America a treaty was concluded, on the 30th of April, 1803, wherein, after reciting the third article of the treaty of 1800, the territory thus retroceded to France was " ceded to the United States, in the name of the French republic, forever, and in full sovereignty, with all its rights and appurtenances, as fully, and in the same manner, as they have been acquired by the French republic, in virtue of the above-mentioned treaty with his Catholic majesty." * The treaty of October 1st, 1300, was never made public until 1820, when it appeared, for the first time, in the French and the Spanish languages, in the Memoir published at Madrid by the Chevalier de Onis, formerly minister plenipo- tentiary of Spain in the United States, in defence of his conduct, in concluding the treaty by which Florida became the property of the American Union. 3>7 280 LOUISIANA CEDED TO THE UNITED STATES. [1803. , At the time when the treaty for the cession of Louisiana to the United States was concluded, the Spaniards still remained in pos- session of the country ; the order from the court of Madrid for the delivery to France, was not executed until the 30th of November, 1804, twenty days after which the surrender to the American com- missioners took place in due form at New Orleans. The Spanish government had already protested sigainst the transfer of Louisiana to the United States, as being contrary to engagements previously made by France, of which, however, no proof was adduced ; and some disposition was at first manifested on the part of the Spanish authorities at New Orleans, and in the provinces of Mexico adjacent, to dispute the entrance of the Americans. This opposition was, how- ever, abandoned, and a negotiation was commenced at Madrid, in 1804, between the governments of the United States and Spain, for the adjustment of the lines which were to separate their re- spective territories. In this negotiation, the United States claimed the whole of the territory ceded by France to Spain in 1762, with the exception of the portion east of the Mississippi, which had been surrendered to Great Britain in 1763 ; and this territory was considered by them as including the whole coast on the Mexican Gulf, from the Perdido River as the western limit of Florida, west and south to the River Bravo del Norte as the north-east boundary of Mexico, with all the intermediate rivers and all the countries drained by them, not pre- viously possessed by the United States. The Spanish government, on its side, contended — that France had never rightfully possessed any part of America west of the Mississippi, the whole of which had belonged to Spain ever since its discovery — that the French establishments in that territory were all intrusive, and had only been tolerated by Spain, for the sake of preserving peace ; and — that the Louisiana ceded to Spain by France in 1762, and retro- ceded to France in 1800, and transferred by the latter power to the United States in 1803, could not, in justice, be considered as com- prising more than New Orleans, with the tract in its vicinity east of the Mississippi, and the country immediately bordering on the west bank of that river. The parties were thus completely at variance on fundamental principles ; and, neither being disposed to yield, the negotiation, after having been carried on for some months, was broken off, and it was not renewed until 1817. Meanwhile, how- ever, the United States remained in possession of nearly all the J 1804.] NORTHERN BOUNDARY OF LOUISIANA. 281 territories drained by the Mississippi ; the Sabine River being, by tacit consent, regarded as the dividing Une betvv^een Louisiana and the Mexican provinces. A negotiation was at the same time in progress, betv^^een the government of the United States and that of Great Britain, re- specting the northern boundary of Louisiana, for which the Amer- icans claimed a Une running along the 49th parallel of latitude, upon the grounds that this parallel had been adopted and definitive- ly settled, by commissaries appointed agreeably to the tenth article of the treaty concluded at Utrecht, in 1713, as the dividing line betioeen the French possessions of Western Canada and Louisiana on the south, and the British territories of Hudson's Bay on the north ; and that, this treaty having been specially confirmed in the treaty of 1763, by which Canada and the part of Louisiana east of the Mississippi and Iberville were ceded to Great Britain, the remainder of Louisiana continued, as before, bounded on the north by the 49th parallel. " '"■ - This conclusion would be undeniable, if the premises on which it is founded were correct. The tenth article of the treaty of Utrecht does certainly stipulate that commissaries should be ap- pointed by the governments of Great Britain and France respec- tively, to determine the line of separation between their possessions in the northern part of America above specified ; and there is reason to believe that persons were commissioned for that object : but there is no evidence which can be admitted as establishing the fact that a line running along the 49th parallel of latitude, or any other line, was ever adopted, or even proposed, by those commissaries, or by their governments, as the limit of any part of the French possessions on the north, and of the British Hudson's Bay territories on the south. It is true that, on some maps of Northern America, published in the middle of the last century, a line drawn along the 49th parallel does appear as a part of the boundary between the French posses- sions and the Hudson's Bay territories, as settled according to the treaty of Utrecht : but, on other maps, which are deservedly held in higher estimation, a different line, following the course of the highlands encircling Hudson's Bay, is presented as the limit of the Hudson's Bay territory, agreeably to the same treaty ; and, in other maps again, enjoying equal, if not greater, consideration, as having been published under the immediate direction of the British gov- 36 282 TREATY BETWEEN ENGLAND AND THE UNITED STATES. [1807. ernment, no line separating those British possessions from Louisiana or Canada is to be seen. In the other works, pohtical, historical, and geographical, which have been examined with reference to this question, nothing has been found calculated to sustain the belief that any line of separation was ever settled, or even proposed ; nor has any trace of such an agreement been discovered in the archives of the Department of Foreign Affairs of France, which have been searched with the view of ascertaining the fact.* The belief, nevertheless, that the 49th parallel of latitude was fixed, by commissaries appointed agreeably to the provisions of the treaty of Utrecht, as the northern limit of Louisiana and Western Canada, has been hitherto universally entertained without suspicion in the United States, and has formed the basis of most important treaties. During the negotiations above mentioned, between the United States and Great Britain, no attempt was made, on the part of the latter power, to controvert the assertion of the Americans respecting this supposed boundary line ; and, in the fifth of the additional and explanatory articles proposed to be annexed to the treaty signed by the plenipotentiaries on that occasion, it was agreed that " a line drawn due north or south (as the case may require) from the most north-western point of the Lake of the Woods, until it shall inter- sect the 49th parallel of north latitude, and from the point of such intersection, due west, along and with the said parallel, shall be the dividing line between his majesty's territories and those of the United States, to the westward of the said lake, as far as their said respective territories extend in that quarter ; and that the said line shall, to that extent, form the southern boundary of his majesty's said territories and the northern boundary of the said territories of the United States : Provided, That nothing in the present article shall be construed to extend to the north-west coast of America, or to the territories belonging to or claimed by either party on the continent of America to the westward of the Stony Mountains." f This article was approved by both governments ; President Jeffer- (, son, nevertheless, wished that the proviso respecting the north-west coast should be omitted, as it " could have little other effect than as an offensive intimation to Spain that the claims of the United States extend to the Pacific Ocean. However reasonable such claims may be, compared with those of others, it is impolitic, espe- * See the complete investigation of this subject in the Proofs and Illustrations, under the letter F. 1 President Jefferson's Message to Congress of March 22d, 1808. 1803.] WESTERN BOUNDARy OF LOUISIANA. 283 cially at the present moment, to strengthen Spanish jealousies of the United States, which it is probably an object with Great Britain to excite, by the clause in question." The outrage committed by the British upon the American frigate Chesapeake, together with the change in the British ministry, prevented the ratification of this treaty; and the discussion of boundaries was not renewed until 1814. How far Louisiana extended westward when it was ceded by France to Spain, there are no means of determining. The question has never beeii^ touched in treaties, nor eveij in negotiations, so far as known. The French maps and histories are, in general, so en- tirely erroneous as regards the geography of America, and always so absurd in their statements as to the extent of the French domin- ions, that they are of no value as evidence ; while the charters of the British sovereigns appear, at present, scarcely less extravagant. Those charters, embracing, together, the whole division of North America between the 48th and the 31st parallels of latitude, were, nevertheless, maintained by Great Britain until the peace of 1763, when her government, by agreeing to admit the Mississippi as the line of separation between her dominions and those of France on the west, implicitly recognized the right of the latter power to the whole territory beyond that river, between the same parallels ; and Louisiana always embraced all the French possessions west of the Mississippi. In the absence of more direct light on the subject from history, we are forced to regard the boundaries indicated by nature — namely, the highlands separating the waters of the Mis- sissippi from those flowing into the Pacific or the Californian Gulf — as the true western boundaries of the Louisiana ceded by France to Spain in 1762, and retroceded to France in 1800, and trans- ferred to the United States by France in 1803 : but then it must also be admitted, for the same as well as for another and stronger reason, that the British possessions farther north were bounded in the west by the same chain of highlands ; for the charter of the Hudson's Bay Company, on which the right to those possessions was founded and maintained, expressly included only the countries traversed by streams emptying into Hudson's Bay. Even before the transfer of Louisiana to the United States was completed, the prompt and sagacious Jefferson, then president of the republic, was preparing to have that part of the continent ex- amined by American agents. In January, 1803, he addressed to the Congress of the Union a confidential Message, recommending that means should be taken for the purpose without delay ; and, 284 EXPEDITION OF LEWIS AND CLARKE TO THE WEST. [1805. his suggestions having been approved, he commissioned Captains Meriwether Lewis and WiUiam Clarke to explore the River Mis- souri and its principal branches to their sources, and then to seek and trace to its termination in the Pacific, some stream, " whether the Columbia, the Oregon, the Colorado, or any other, which might offer the most direct and practicable water communication across the continent, for the purposes of commerce." Other persons were, at the same time, appointed to examine the Upper Mississippi, and the principal streams falling into that great river from the west, below the Missouri, in order that exact information might, as soon as possible, be procured, with regard to the channels of communi- cation throughout the newly-acquired territories. A few days after Lewis had received his instructions as com- mander of the party which was to cross the continent, the news of the conclusion of the treaty for the cession of Louisiana reached the United States; and he immediately set off for the west, with the expectation of advancing some distance up the Missouri before the winter. He was, however, unable to pass the Mississippi in that year, in consequence of the delay in the surrender of the country, which was not terminated until the latter part of Decem- ber ; and it was not until the middle of May, 1804, that he could begin the ascent of the Missouri. His party consisted of forty-four men, who were embarked in three boats ; their progress against the current of the mighty river was necessarily slow, yet, before the end of October, they arrived in the country of the Mandan Indians, where they remained until the following April, encamped at a place near the 48th degree of latitude, sixteen hundred miles from the Mississippi. On the 7 th of April, 1805, Lewis and Clarke left their encamp- ment in the Mandan country, with thirty men, the otliers having been sent back to St. Louis ; and, after a voyage of three weeks up the Missouri, they reached the junction of that river with the other principal branch, scarcely inferior in magnitude, called by the old French traders the Roche jaune, or Yellowstone River. Thence continuing their progress westward on the main stream, their navi- gation was, on the 13th of June, arrested by the Great Foils of the Missouri, a series of cataracts extending about ten miles in length, in the principal of which the whole river rushes over a precipice of rock eighty-seven feet in height. Above the falls, the party again embarked in canoes hollowed out from tiie trunks of the largest cotton-wood trees, growing near the river ; and, advancing south- 1805.] PASSAGE OF THE ROCKY MOUNTAINS. 285 ward, they, on the 19th of July, passed through the Gates of the Rocky Mountains, where the Missouri, emerging from tliat chain, runs, for six miles, in a narrow channel, between perpendicular parapets of black rock, rising twelve hundred feet above its surface. Beyond this place, the river is formed by the confluence of several streams, the largest of which, named by Lewis the Jefferson, was ascended to its sources, near the 44th degree of latitude, where the navigation of the Missouri ends, at the distance of about three thousand miles from its entrance into the Mississippi. Whilst the canoes were ascending the Jefferson River, Captains Lewis and Clarke, with some of their men, proceeded through the mountains, and soon found streams flowing towards the west, one of which was traced in that direction, by Clarke, for seventy miles ; they also met several parties of Indians belonging to a nation called Shoshonee, from whose accounts they were convinced that those streams were the head-waters of the Columbia. Having re- ceived this satisfactory information, the commanders rejoined their men at the head of the Jefferson ; and preparations were commenced for pursuing the journey by land. For this purpose, the canoes and a portion of the goods were concealed in caches, or covered pits, and a number of horses, with some guides, being procured from the Shoshonees, the whole body of the Americans, on the 30th of August, entered on the passage through the Rocky Mountains. Up to this period, the difficulties of the journey had been com- paratively light, and the privations few. But, during the three weeks which the Americans spent in passing the Rocky Mountains, they underwent, as Clarke says, " every suffering which hunger, cold, and fatigue, could impose." The mountains were high, and the passes through them rugged, and, in many places, covered with snow ; and their food consisted of berries, dried fish, and the meat of dogs or horses, of all which the supplies were scanty and preca- rious. They crossed many streams, some of them large, which emptied into the Columbia ; but their guides gave them no encour- agement to embark on any, until they reached one called the KoosTcooskee, in the latitude of 43 degrees 34 minutes, about four hundred miles, by their route, from the head of navigation of the Missouri. At this place, they constructed five canoes, and, leaving their horses in charge of a tribe of Indians of the Chopunnish nation, they, on the 7th of October, began the descent of the Kooskooskee. Three days afterwards, they entered the principal southern branch 286 DESCENT OF THE COLUMBIA. [1805. of the Columbia, to which they gave the name of Lewis ; and, in seven days more, they reached the point of its confluence with the larger northern branch, called by them the Clarice. They were then fairly launched on the Great River of the West, and passing down it, through many dangerous rapids, they, on the 31st, arrived at the Falls of the Columbia, where it rushes through the lofty chain of mountains nearest the Pacific. Some of their canoes descended these falls in safety ; the others and the goods were carried around by land, and replaced in the water at the foot of the cataract. At a short distance below, the tides of the Pacific were observed ; and, on the 15th of November, the whole party landed on Cape Disap- pointment, at the mouth of the Columbia, about six hundred miles from the place at which they had embarked on its waters, and more than four thousand, by their route, from the mouth of the Missouri. The winter, or rather the rainy season, having commenced when the party reached the mouth of the Columbia, it became necessary for them to remain there until the following spring. They accord- ingly prepared a habitation on the north side of the river, eleven miles in a straight line from Cape Disappointment, from which they were, however, soon driven by the floods ; they then found a suit- able spot on the south side, a little higher up, where they formed their dwelling, called by them Fort Clatsop, and remained until the middle of March, 1806. During this period, the cold was by no means severe, less so, indeed, than on the Atlantic shore of the continent ten degrees farther south ; but the rains were incessant and violent, and the river being at the same time generally too much agitated by the winds and the waves from the ocean for the Americans to venture on it in their canoes, they were often unable to obtain provisions, either by hunting or fishing. The Clatsop Indians who occupy the south side of the Columbia, at its mouth, and the ChinnooTcs, on the opposite shore, conducted themselves peaceably ; but their prices for every thing which they offered for sale were so high, that no trade could be carried on with tliem. The party were, in consequence of the rains, seldom able to quit their encampment ; and the only excursion of any length made by them during the winter, was as far as the promontory overhanging the Pacific, thirty miles south of the Columbia, which they called Clarice'' s Point of View, near the Cape Lookout of Meares. On the 23d of March, 1806, the Americans commenced the ascent of the Columbia in canoes, on their return to the United States. Proceeding slowly up the river, they carefully examined 1806.] RETURN or LEWIS AND CLARKE. 287 its shores, and discovered a large stream, called by the natives the Cowelitz, flowing into it from the north, at the distance of sixty miles from the ocean. Thirty miles higher up, they found another and much larger stream, joining the Columbia on the south side, the Indian name of which was supposed to bo Multonomah ; it is now, however, universally known as the JViUamet, and on its banks are situated the most flourishing settlements as yet formed by citi- zens of the United States west of the Rocky Mountains. In the middle of April, the exploring party reached the foot of the great rapids, below the Falls of the Columbia, where they aban- doned their canoes, and began their journey by land, on horses purchased from the Indians. In this way, they traversed the gap or defile in the mountains through which the river pours its floods, and then, pursuing their course over the elevated plains east of that ridge, they arrived, on the 8th of May, at the point on the Koos- kooskee River, where they had left their horses, and first embarked on the waters of the Columbia, in the preceding year. From this place, they continued on horseback due eastward, through the Rocky Mountains, to the Clarke River, which flows for some dis- tance in a nortiierly direction from its sources, before turning southward to join the other branches of the Columbia ; and there it was agreed that the chiefs of the expedition should separate, to meet again at the confluence of the Yellowstone witii the Missouri. The separation took place on the 3d of July, near the point at which the Clarke River is crossed by the 47th parallel of latitude, due west of the Falls of the Missouri. Captain Lewis and his party proceeded some distance northward, down the Clarke, and then, quitting it, crossed the Rocky Mountains to the head-waters of Maria River, which empties into the Missouri just below the falls. There they met a band of Indians belonging to the numerous and daring race called the Black-foot, who infest the plains at the base of the mountains, and are ever at war with all otlier tribes ; these savages attempted to seize the rifles of the Americans, and Lewis was obliged to kill one of them before they desisted. The party then hastened to the Missouri, which they reached at the falls, and thence floated down to the mouth of the Yellowstone. Meanwhile, the others, under Clarke, rode southward up the valley of the Clarke River, to its sources ; and, after exploring several passes in the mountains between that point and the head- waters of the Yellowstone, they embarked in canoes on the latter 288 IMPORTANCE OF THE DISCOVERIES. [1806. stream, and descended it to the Missouri, where they joined Lewis and his men on the 12th of August. From the point of confluence of the two rivers, the whole body moved down the Missouri ; and, on the 23d of September, 1806, they arrived in safety at St. Louis, having travelled, in the course of their expedition, more than nine thousand miles. The preceding sketch of the long and difficult expedition of Lewis and Clarke will serve to show the general course of their routes between the Mississippi and the Pacific. As to the priority and extent of their geographical discoveries, a few words will suffice. The Missouri had been ascended, by the French and Spanish traders, to the mouth of the Yellowstone, long before Lewis and Clarke embarked on it ; but ample proofs are afforded, by the maps drawn prior to their expedition, that no information even approximating to correctness had been obtained respecting the river and the countries in its vicinity. With regard to the territory between the great Falls of the Missouri and those of the Columbia, and the branches of either river joining it above its falls, we have no accounts whatsoever earlier than those derived from the journals of the American exploring party. The Tacoutchee-Tessee, navi- gated by Mackenzie m 1793, and supposed by him to be a branch of the Columbia, was afterwards discovered to be a different stream, now called Fraser^s River, emptying into the Strait of Fuca ; and no evidence has been adduced of the passage of any white person through the country between the Rocky Mountains and the Pacific, north of California, from the time of Mackenzie's journey to that of the expedition of Lewis and Clarke.* Politically, the expedition was an announcement to the world of the intention of the American government to occupy and settle the countries explored, to which certainly no other nation except Spain could advance so strong a claim on the grounds of discovery or of contiguity ; and the government and people of the United States \ thus virtually incurred the obligation to prosecute and carry into * The journal of the expedition of Lewis and Clarke was not published until 1814, when it appeared nearly in the same state in which it came from the hands of Lewis, shortly before the melancholy termination of his existence. It affords abundant proofs of the powers of observation possessed by those who were engaged in the enterprise; and the mass of facts, geographically, commercially, and politically important, which it contains, causes it still to be regarded as the principal source of information respect- ing the geography, the natural history, and tlie aboriginal inhabitants, of the portions of America traversed by the Missouri and the Columbia. 1806.] pike's expedition. 289 fulfilment the great ends for whicli the labors of Lewis and Clarke were the first preparatory measures. During the absence of Lewis and Clarke, other persons were engaged, under the orders of the government of the United States, in exploring different parts of the interior of Louisiana. Lieutenant Pike ascended the Mississippi to its head-waters, near the 48th degree of latitude, where he obtained much useful information respecting the course of that stream, and the numbers, characters, and dispositions, of the Indians in its vicinity, as well as concerning the trade and establishments of the North- West Company in that quarter. Having completed this expedition, Pike, in 1806, under- took another, in the course of which he travelled south-westward from the mouth of the Missouri, to the upper waters of the Arkan- sas, the Red River, and the Rio Bravo del Norte : on the latter river, he and his party were made prisoners by the Spaniards of Santa Fe, who carried them southward as far as the city of Chi- huahua, and thence, through Texas, to the United States. The Red and Washita Rivers were at the same time explored, to a con- siderable distance from the Mississippi, by Messrs. Dunbar, Hunter, and Sibley, whose journals, as well as those of Pike, subsequently published, contain many interesting descriptions of those parts of America. Thus, within three or four years after Louisiana came into the possession of the United States, it ceased to be an unknown region, and the principal features of the territory drained by the Columbia were displayed. 37 290 CHAPTER XIV. 1806 TO 1815. First Establishments of the North- West Company in the Countries north of the Columbia — Pacific Fur Company formed at New York — Plan of its Founder — First Expedition from New York in the Tonquin — Foundation of Astoria near the Mouth of the Columbia River — Destruction of the Tonquin by the Savages — March of the Party under Hunt and Crooks across the Continent — Arrival of the Beaver in the Columbia — War between the United States and Great Britain fatal to the Enterprise — Establishments of the Pacific Company sold to the North- West Company — Astoria taken by the British — Dissolution of the Pacific Company. The expeditions of Lewis and Clarke, and Pike, did not fail to attract the attention, and to excite the jealousy, of the British government and trading companies. Pike had restrained the incur- sions of the North-West Company's people into the territories of the Upper Mississippi, and had lessened their influence over the Indians inhabiting those regions. From the moment when Lewis and Clarke appeared on the Missouri, their movements were watched by the agents of the British Association ; and, so soon as it was ascertained that they were ordered to explore the Colum- bia, preparations were made to anticipate the Americans in the settlement of that portion of the continent, for which the expedition of those officers was evidently intended to open the way. A party of the North- West Company's men was accordingly despatched, in 1805, under the direction of Mr. Laroque, to establish posts and occupy territories on the Columbia ; but this party proceeded no farther than the Mandan villages on the Missouri. In the following year, 1806, another party was despatched from Fort Chipewyan, under Mr. Simon Fraser, who crossed the Rocky Mountains near the passage of the Peace River, and formed a trading establishment on a small lake, now called Frnser's Lake, situated in the 54th degree of latitude. This was the first settlement or post of any kind made hy British subjects west of the Rocky Mountains. Other posts were subsequently formed in the same country, which, in 1808, received from the traders the name of New Caledonia ; but it does 1806.] FIRST BRITISH POSTS IN NEW CALEDONIA. 291 not appear, from any evidence as yet adduced, that any part of the waters of the Columbia, or of the country through which they flow, was seen by persons in the service of the North- West Company until 1811.* In the mean time, several establishments had been formed by citizens of the United States on tiie Columbia and its branches. Before the transfer of Louisiana to the United States, the trade of the Missouri and the adjacent countries inhabited by the Indians, had been granted by the Spanish government to Manuel Lisa, a merchant of St. Louis, who continued to conduct it almost exclu- sively until 1806. After the return of Lewis and Clarke, other individuals engaged in the business, the competition between whom occasioned many and serious disputes ; until at length, in 1808, an association, called the Missouri Fur Company, was formed among * Many interesting details respecting the proceedings of the North-West Com- pany, and the geography of the parts of America in which its estabhshments are situated, may be found in the journal of D. W. Harmon, a native of Vermont, who was a partner in that company, and the superintendent of all its affairs beyond the Rocky Mountains for several years. This journal was published at Andover, in Massachusetts, in 1819, but is now nearly out of print: a review of it, containing many curious extracts, may be seen in the London Quarterly Review for Janu- ary, 1822. Witli regard to the dates of the earliest establishments of the North- West Company beyond the Rocky Mountains, the following extracts from Harmon's journal may be considered as decisive evidence : — " Saturday, November 24th, 1804. — Some people have just arrived from Montague la Basse, with a letter from Mr. Chaboillez, who informs me that two captains, Clarke and Lewis, with one hundred and eighty soldiers, have arrived at the Mandan village, on the Missouri River, which place is situated about three days' distance from the residence of Mr. Chaboillez. They have invited Mr. Chaboillez to visit them. It is said that, on their arrival, they hoisted the American flag, and informed the natives that their object was not to trade, but merely to explore the country, and that, as soon as the navigation shall open, they design to continue their route across the Rocky Mountains, and thence descend to the Pacific Ocean. " Wednesday, April lOtk, 1805. — While at Montague la Basse, Mr. Chaboillez in- duced me to consent to undertake a long and arduous tour of discovery. I am to leave that place about the beginning of June, accompanied by six or seven Canadiiins, and two or three Indians. The first place at which we shall stop will be the Mandan village, on the Missouri River ; thence we shall steer our course towards the Rocky Mountains, accompanied by a number of the Mandan Indians, who proceed in that direction, every spring, to meet and trade with another tribe of Indians, who reside on the other side of the Rocky Mountains. [This journey I never undertook : a Mr. La Roque attempted to make this tour, but went no farther than the Mandan village.] " At page 281, Harmon says, " The part of the country west of the Rocky Moun- tains, with which I am acquainted, has, ever since the North- West Company first made an establishment there, which was in 1806, gone by the name of JVcfc Cale- donia,''' &c. And in many places he speaks of Mr. Simon Fraser as having led the first company of traders beyond the Rocky Mountains, in 1806. 292 FIRST TRADING POSTS ON THE COLUMBIA. [ISIO. the principal traders in that part of America, by which posts were estabhshed on the Upper Mississippi, the Missouri, and even beyond the Rocky Mountains. The trading post founded by Mr. Henry, one of the agents of the Missouri Company, on a branch of the Lewis River, the great southern arm of the Columbia, appears to have been the earliest establishment of any kind made by people of a civilized nation in the territory drained by the latter stream ; the enmity of the savages in its vicinity, and the difficulty of obtaining provisions, however, obliged Mr. Henry to abandon it in 1810. In that year, an attempt was made by Captain Smith, the com- mander of the ship Albatross, from Boston, to found a post for trade with the Indians at a place called Oak Point, on the south bank of the Columbia, about forty miles from its mouth. For this purpose a house was built and a garden was laid out and planted there ; but the site was badly chosen in all respects, and the scheme was aban- doned before the close of the year. In the same year, 1810, an association was formed at New York, for the prosecution of the fur trade in the central and north-western parts of the continent, in connection with the China trade, of which a particular account will be presented, as the transactions attend ing the enterprise led to important political results. This association was called the Pacific Fur Company.* At its head was John Jacob Astor, a German merchant of New York, who had been for many years extensively engaged in the commerce of the Pacific and China, and also in the trade with the Indian coun- tries in the centre of the American continent, and, by his prudence and skill, had thus accumulated an immense fortune, ere he passed the meridian of life. He devised the scheme ; he advanced the capital requisite for carrying it into execution, and he directed all * The following account of the proceedings of the Pacific Fur Company is derived chiefly from — Adventures on tlie Columbia River, &c., by Ross Cox. London, 1831. — Relation d'un Voyage a la Cote Nord-Ouest, de I'Amerique Septentrionale, dans les Annees 1810-14, par Gabriel Franchcre. Montreal, 1820. [Franchere went out with the first party in the Tonquin ; Cox went out in the Beaver, and they both returned to Canada by way of the lakes.] — Astoria, or Anecdotes of an Enterprise beyond the Rocky Mountains, by Wasliington Irving, Philadelphia, 1836 ; the latter author gives the most complete account of the circumstances, particularly of the adventures of the parties under Hunt, Crooks, and Stuart, derived from their state- ments and the papers in the possession of Mr. Astor, to which he had access. In addi- tion to these autliorities, several letters and papers, addressed by Mr. Astor to the execu- tive of the United States, have been examined, and some communications have been personally received from that gentleman. One of his letters, containing a summary of the circiunstances connected with his enterprise, will he found among the Proofs and Illustrations, at the end of this volume, under the letter G. 1810.] astor's plans for monopolizing the china trade. 293 the operations. His first objects were to concentrate in the hands of the company the fur trade of every part of the unsettled territo- ries of America claimed by the United States, and also the supply of the Russian establishments on the North Pacific, which was to be conducted agreeably to arrangements made with the Russian Amer- ican Company, similar to those proposed by the government of St. Petersburg to the cabinet at Washington, as already mentioned ; and by the attainment of these first objects, he expected to be able to con- trol, if not exclusively to possess, the whole commerce between the ports of China and those of America, and of a large portion of Europe. For these purposes, posts were to be established on the Missouri, the Columbia, and the coasts of the Pacific contiguous /o the latter river, at which places the furs were to be collected by trade with the Indians, or by hunters in the employ of the company. The posts were to be supplied with the merchandise required, either by way of the Missouri, or by ships despatched from the ports of the United States to the North Pacific ; and the furs collected were to be carried either down the Missouri to the Atlantic ports of the Union, or westward to the establishments of the company on the Pacific. The merchandise sent to the Pacific would be discharged, in the first instance, at a principal factory, to be founded at some point most convenient for distributing the articles among the interior posts, and for receiving the furs from those places ; and the vessels would then take in cargoes of furs, which they would transport to Canton. Vessels would also be sent, either directly from the United States, or from the principal factory on the Pacific, to the Russian American establishments, with provisions and other articles, for which furs were to be received in payment ; and from Canton these vessels would bring to Europe or America teas, silks, and other Chinese goods, procured in exchange for their furs. It is scarcely necessary to ad \, that all these movements were to be conducted with order and regularity, and at stated periods, so as to prevent loss of time and labor, or injury to the various articles transported. The number of shares in the company was to be one hundred ; of these half were retained by Mr. Astor, who was to advance the funds necessary for the first operations, and to manage the con- cerns at New York ; the remaining shares being divided among the other partners, who were to conduct the business in the western territories, on the Pacific, and at Canton. The association, if prosperous, was to continue twenty years, after which it might be prolonged ; but it might be abandoned by any of the partners, or 294 PACIFIC FUR company's operations. [1810. dissolved, within the first five years, Mr. Astor bearing all the losses incurred during that period. This was certainly an extensive and complicated scheme ; but it appeared, at the time when it was devised, to be perfectly practicable. The territories in which the new establishments were to be formed, had never been occupied : there could be no doubt that the Russians would gladly agree to the proposed arrangements for the trade with their factories ; the demand for furs at Canton was regular, and suf- ficiently great to insure the superiority, in that market, to those who could control the supply ; and the Americans would possess, in China and on the Pacific, a decided advantage over the British, whose flag was then rarely seen in the Pacific, in consequence of the monopoly enjoyed by the East India Company. Moreover, there was then no prospect of a material change in the political positions of the principal nations of the world. The only party from which the Pacific Company could apprehend any immediate and serious difficulties, was the North-West Company of Montreal. The resources of that body were in every respect inferior to Mr. Astor's ; but, in order to prevent rivalry, he communi- cated his intentions confidentially to its directors, and offered them an interest to the extent of one third in his enterprise : they, how- ever, rejected his proposal, and took measures, as will be shown hereafter, to forestall him. Was Mr. Astor — a citizen of the United States — justifiable in thus offering to an association of British sub- jects, noted for its enmity to his adopted country, a share of the ad- vantages to be obtained under the flag of the United States, from ter- ritories exclusively belonging to the United States, or of which the exclusive possession by the United States was evidently essential to the welfare and advancement of the republic ? Having matured his scheme, Mr. Astor engaged as partners, clerks, and voyageurs, a number of Scotchmen and Canadians, who had been in the service of the North- West Company, and afterwards a number rather greater, of other persons, principally natives of the United States. The partners first admitted were Alexander Mackay, who had accompanied Mackenzie in his expedition to the Pacific in 1793, Duncan Macdougal, and Donald Mackenzie, all Scotchmen, formerly belonging to the North- West Company : these persons signed tlie constitution or articles of agreement of the Pacific Com- pany, with Mr. Astor, on the 23d of June, 1810 ; having, however, previously communicated the whole plan of the enterprise to Mr. Jackson, the minister plenipotentiary of Great Britain in the United 1810,] PARTNERS IN THE PACIFIC COxMPANY. 295 States, who quieted all their scruples as to engaging in it, by assur- ing them that, " in case of a tvar heixvccn the two nations, they would be respected as British subjects and merchants." The partners sub- sequently admitted were David and Robert Stuart, and Ramsay Crooks, Scotchmen, who had also been in the service of the North- West Company, and Wilson Price Hunt, John Clarke, and Robert Maclellan, citizens of the United States. The majority of the clerks were Americans ; among the others were Ross Cox, an Englishman, and Gabriel Franchere, a Canadian, each of whom has written an interesting history of the enterprise. The voyageurs were nearly all from Canada. Mr. Hunt, a native of New Jersey, was chosen as chief agent of the company, to superintend all its concerns on the western side of America for five years. Thus it will be seen that, although the chief direction of the con- cerns of the Pacific Fur Company, in New York and on the western side of the continent, were at first intrusted to American citizens, yet the majority not only of the inferior servants, but also of the partners, were British subjects, nearly all of whom had been in the service of a rival British association. The preparations for commencing the enterprise having been completed, four of the partners, Messrs. Mackay, Macdougal, David Stuart, and Robert Stuart, with eleven clerks, thirteen Canadian voyageurs, and five mechanics, all British subjects, took their departure from New York for the mouth of the Columbia River, in September, 1810, in the ship Tonquin, commanded by Jonathan Thorne. In January following, the second detachment, conducted by Mr. Hunt, the chief agent, and Messrs. Maclellan, Mackenzie, and Crooks, set out for the same point, by way of the Missouri River ; and in October, 1811, the ship Beaver, under Captain Sowles, car- ried out from New York, to the North Pacific, Mr. Clarke, with six clerks and a number of other persons. Mr. Astor had already, in 1809, despatched the ship Enterprise, under Captain Ebbets, an intelligent and experienced seaman and trader, to make observations at various places on the north-west coasts of America, and particularly at the Russian settlements, and to prepare the way for the new establishments. He, also, in 1811, sent an agent to St. Petersburg, by whose means he concluded an arrangement with the Russian American Company, to the effect that his association should have the exclusive privileges, of supplying the Russian establishments on the North Pacific with merchandise, receiving furs in payment, and of transporting to Canton such 296 THE ASTORIA ENTERPRISE BEGUN. [1811. Other furs as the Russians might choose to ship for that port, on their own account, provided that the Americans should visit no other parts of the coast north of a certain latitude. The Tonquin passed around Cape Horn, and in February, 1811, arrived at Owyhee, where Macdougal, who was to superintend the affairs of the company on the Pacific and its coasts until the arrival of Hunt, endeavored to conclude a treaty of amity and commerce with King Tamahamaha : but that aged chief, whom experience had rendered distrustful, refused to bind himself by any contract with the white men ; and he would only promise to furnish the vessels of the company with provisions on the same terms with other vessels — namely, on payment of the value in Spanish dollars. Having obtained the necessary supplies in this way, and taken on board a dozen of the islanders, who were permitted by their sovereign to engage in the service of the Pacific Company, Captain Thorne sailed for the mouth of the Columbia, where he effected an entrance on the 24th of March, with great danger and difficulty, after losing three of his men, who attempted to reach the shore in a boat. The passengers immediately disembarked on the shore of Baker's Bay, on the north side of the Columbia, just within Cape Disappoint- ment, where sheds were built for their temporary accommodation. A few days afterwards, the partners set off in search of a place proper for the establishment of a factory ; and they soon selected for that ob- ject a spot on the south bank of the river, distant about ten miles from the ocean, which had received from Broughton, in 1792, the name of Point George. To this place the Tonquin was removed ; and, her goods and materials being landed, preparations were commenced for the erection of a fort and other houses, and for building a small vessel, of which the frame had been brought out from New York. In the course of two months, these works were so far advanced, that the assistance of the ship's crew was no longer needed ; and Captain Thorne accordingly sailed on the 5th of June for the northern coasts, carrying with him Mr. Mackay who was to conduct the trade, and to make arrangements with the Russians, Mr. Lewis one of the clerks, and an Indian who spoke English, to serve as interpreter. During the ensuing summer, much progress was made in the buildings for the factory, which, in honor of the head of the com- pany, was named Astoria. A large piece of ground was cleared and laid out as a garden, in which various vegetables were planted ; the small vessel was finished and launched ; trade was carried on with the neighboring Indians, and also with others from the higher 1811.] DAVID THOMPSON VISITS ASTORIA. 297 parts of the river, who gave skins, fish, and game, in exchange for manufactured articles ; and every thing, in fine, seemed to promise success to the enterprise. While the Astorians were thus engaged, they were unexpectedly visited, on the 15th of July, by a party of the North- West Company's men, under the direction of Mr. David Thompson, the surveyor or astronomer of that body. These men had been despatched from Canada in the preceding year, with the object of forestalhng the Americans in the occupation of the mouth of the Columbia, wliich they hoped to effect before the end of that season : but they were so long delayed in seeking a passage through the Rocky Mountains, that they were obliged to winter in that ridge, near the northernmost sources of the Columbia, under the 52d parallel of latitude ; whence they hastened down the river in the spring of 1811, building huts and erecting flags at various places, \yy^wa.y Q[jqkingj^ossessioii of th e cou ntry. They were received at the fort not as rivals, but as friends ; and were treated with the utmost respect and hospitality, during their stay, by their old companion, the superintendent, Macdougal, who, moreover, furnished them with provisions, and even with goods, for trading on their departure up the river. Mr. Thompson and his followers in this expedition were, from all the accounts as yet made public, the first white persons who navigated the northern branch of the Columbia, or traversed any part of the country drained by it. The British commissioners, in the negotiation with the American plenipotentiary at London, in 1826, nevertheless, attempted to place Mr. Thompson's expedition on an equality, not only asrto extent of discovery, but also as to date, with that of Lewis and Clarke ; and to represent tiie establishments which he is said to have founded on his way down the Columbia as prior to those formed by the Pacific Company. In their statement of the claims of Great Britain to territories west of the Rocky Moun- tains, they say* — "The United States further pretend that their claim to the country in question is strengthened and confirmed by the discovery of the sources of the Columbia, and by the exploration of its course to the sea by Lewis and Clarke, in 1805-6. In reply to this allegation, Great Britain affirms, and can distinctly prove, that, if not before, at least in the same and subsequent years, her North- West Trading Company had, by means of their agent, Mr. Thompson, already established their posts among the Flat-head and * See the British statement, among the Proofs and Illustrations, in the latter part of this volume, under the letter H. 38 298 MARCH OF HUNT, MaCLELLAN, AND CROOKS. [1812. Kootanie tribes, on the head-waters or main brauch of the Columbia, and were gradually extending them down the principal stream of that river ; thus giving to Great Britain in this particular, as in the discovery of the mouth of the river, a title of parity at least, if not of priority of discovery, as opposed to the United States. It was from these posts that, having heard of the American establishment forming in 1811 at the mouth of the river, Mr. Thompson hastened thither, descending the river to ascertain the nature of that estab- lishment." The expression " if not hefore, at least in the same and following years" used here, is rather indefinite. In order to show how it should be understood conformably with truth, it will be proper to repeat — that Lewis and Clarke descended the Columbia and reached its mouth before the middle of November, 1805 — - that the North- West Company made their first establishment beyond the Rocky Mountains, at some distance north of any part of the Co- lumbia, in 1806 — that American establishments were formed on the Columbia in 1809, 1810, and 1811 — and, finally, that Thompson did not arrive among the Kootanie and Flat-head tribes until the spring of 1811, after the foundation of Astoria. Mr. Thompson and his people were accompanied, on their return, by a party from the factory, under Mr. David Stuart, who established a post at the confluence of a stream, called the OMnagan, with the north branch of the Columbia, about six hundred miles above the mouth of the latter river, and remained there during the winter. The situation of those left at Astoria was, in the mean time, very un- pleasant, and their spirits were depressed by various circumstances. Their supplies of provisions were scanty and uncertain, and nothing was heard, for some months, of the party who were to come over land from the United States ; the Tonquin, which was expected to return to the river in September, did not appear, and rumors were brought by the Indians of the destruction of a ship, and the massacre of her crew, by the natives near the Strait of Fuca, Nothing, however, occurred at the factory, worthy of note, until the 18th of January, 1812, when a portion of the detachment sent across the continent arrived there in the most wretched condition. This detachment, consisting of about sixty men, under the chief agent, Hunt, and the partners. Crooks, Mackenzie, and Maclellan, ascended the Missouri River in boats, from its moutii to the country of the Arickara Indians, distant about fourteen hundred miles higher ; during which voyage tliey were constantly annoyed by their rivals of the Missouri Company ; and, there quitting the river, they took a 1812.] MARCH OF HUNT AND HIS PARTY TO THE COLUMBIA. 299 westward course to the Rocky Mountains, which they crossed in September, 1811, near the head of the Yellowstone River. On the western side of the ridge, they found a large stream, probably the main branch of the Lewis, on which they embarked in canoes, with the expectation of thus floating down to the Falls of the Colum- bia ; but ere they had proceeded far in this way, they encountered so many dangers and obstructions, from falls and rapids, that they were forced to abandon the stream and resume their march. It would be needless here to attempt to describe the many evils from hunger, thirst, cold, and fatigue, which these men underwent during their wanderings through that dreary wilderness of snow-clad moun- tains, in the winter of 1811-12: suffice it to say, that, after several of their number had perished from one or more of these causes, the others reached Astoria in separate parties, in the first months of 1812, having spent more than a year in coming from St. Louis. At the factory they found shelter, warmtii, and rest ; but they had little food, until the fish began to enter the river, when they obtained abundant supplies of pilchards, of the most delicious flavor. On the 5th of May, 1812, the ship Beaver,* commanded by Cap- tain Sowles, arrived in the Columbia, from New York, bringing the third detachment of persons in the service of the Pacific Com- pany, under the direction of Mr. Clarke, and twenty-six natives of * Ross Cox, who arrived at Astoria in the Beaver, in May, 1812, gives the follow- ing account of the establishment as it then appeared : — " The spot selected for the fort [Astoria] was a handsome eminence, called Point George, which commanded an extensive view of the majestic Columbia in front, bounded by the bold and thickly-wooded northern shore. On the right, about three miles distant, a long, high, and rocky peninsula, covered with timber, called Tongue Point, extended a considerable distance into the river from the southern side, with which it was connected by a narrow neck of land ; while, on the extreme left, Cape Disappointment, with the bar and its terrific chain of breakers, were distinctly visible. The buildings consisted of apartments for the proprietors and clerks, with a capacious dining-hall for both ; extensive warehouses for the trading goods and furs, a provision store, a trading shop, smith's forge, carpenter's shop, &c. ; the whole surrounded by stockades, forming a square, and reaching about fifteen feet above the ground. A gallery ran around the stockades, in which loopholes were pierced, sufficiently large for musketry ; two strong bastions, built of logs, commanded the four sides of the square ; each bastion had two stories, in which a number of chosen men slept every night; a six pounder was placed in the lower story of each, and they were both well provided with small arms. Immediately in front of the fort was a gentle declivity, sloping down to the river's side, which had been turned into an excellent kitchen garden ; and, a few hundred rods to the left, a tolerable wharf had been run out, by which bateaux and boats were enabled, at low water, to land their cargoes with- out sustaining any damage. An impenetrable forest of gigantic pines rose in the rear, and the ground was covered with a thick underwood of brier and whortleberry, mtermingled with fern and honeysuckle." 300 DESTRUCTION OF THE TONQ,UIN BY SAVAGES. [1812. the Sandwich Islands, who were engaged ,as seamen or laborers. The Beaver, moreover, brought from Owyhee a letter which had been left there by Captain Ebbets, of the ship Enterprise, contain- ing positive information of the destruction of the Tonquin and her crew by the savages on the coast near the Strait of Fuca ; the particulars of this melancholy affair were not, however, learned until August of the following year, when they were communicated at Astoria by the Indian who had gone in the Tonquin as inter- preter, and was the only survivor of those on board the ill-fated ship. According to this interpreter's account, the Tonquin, after quit- ting the river, sailed northward along the coast of the continent, and anchored, in the middle of June, 1811, opposite a village on the Bay of Clyoquot, near the entrance of the Strait of Fuca. She was there immediately surrounded by crowds of Indians in canoes, who continued for some days to trade in the most peaceable manner, so as to disarm Captain Thome and Mr. M^Kay of all suspicions. At length, either in consequence of an affront given to a chief by the captain, or with the view of plundering the vessel, the natives embraced an opportunity when the men were dispersed on or below the decks, in the performance of their duties, and in a moment put to death every one of the crew and passengers, except the inter- preter, who leaped into a canoe, and was saved by some women, and the clerk, Mr. Lewis, who retreated, with a few sailors, to the cabin. The survivors of the crew, by the employment of their fire-arms, succeeded in driving the savages from the ship ; and, in the night, four of them quitted her in a boat, leaving on board Mr. Lewis and some others, who were severely wounded. On the following day, the natives again crowded around and on board the Tonquin ; and while they were engaged in rifling her, she was blown up, most probably by the wounded men left below deck. The seamen who had endeavored to escape in the boat were soon retaken, and put to death in the most cruel manner, by the Indians ; the interpreter was preserved, and remained in slavery two years, at the end of wliich time he was suffered to depart. The loss of this ship was a severe blow to the Pacific Company ; but the partners at Astoria were consoled by the reflections, that their chief could bear pecuniary damages to a far greater extent without injury to his credit, and that, if their enterprise should prove successful, ample indemnification would soon be obtained. It was tueicruie delermined that Mr. Hunt should embark in the Beaver, to superintend the trade along the northern coasts, and visit the 1813.] WAR BETWEEN THE UNITED STATES AND G. BRITAIN. 301 Russian establishments, as Mr. Mackay would have done, but for the destruction of the Tonquin ; and he accordingly took his de- parture in that ship in August, 1812, leaving the superintendence of the affairs at the factory, as before, in the hands of Mr. Mac- dougal. A party was at the same time despatched to the upper country, by which another trading post was established on the SpoJcan, a stream joining the northern branch of the Columbia, about six hundred and fifty miles from the ocean ; and accounts of all the transactions, to that period, were transmitted to the United States, under the care of Messrs. Crooks, Maclellan, and Robert Stuart, who recrossed the continent, and reached New York in the spring of 1813, after encountering difficulties and dangers greater, in many respects, tlian those undergone in their journey to the Pacific. The trade with the Indians of the Lower Missouri was, in the mean time, going on prosperously ; provisions were abundant at Astoria, and a large quantity of furs was collected there, in expecta- tion of tiie arrival of the Beaver, which was to take them to Canton in the ensuing spring. The hopes of the partners were thus revived, and they had daily additional grounds for anticipating success in their undertaking, when, in January, 1813, they learned that the United States had declared war against Great Britain in June previous. This news spread an instantaneous gloom over the minds of all, which was increased by information received from a trading vessel, that the Beaver was lying at Canton, blockaded by a British ship of war : and soon afterwards, Messrs. Mactavish and Laroque, partners in the North- West Company, arrived near Astoria, with sixteen men, bringing accounts of the success of the British arms on the northern frontiers of the United States, and of the blockade of all the Atlantic coasts of the latter country by British squadrons. Notwithstanding these circumstances, Laroque and Mactavish were received and treated by Macdougal and Mackenzie, the only partners of the Pacific Company then at Astoria, with the same attention and hospitality which had been shown to Thompson in the preceding year ; and were supplied with provisions and goods for trading, as if they had been friends and allies, instead of com- mercial rivals and political enemies. A series of private conferences were then held between the chief persons of the two parties, at the conclusion of which, Macdougal and Mackenzie announced their determination that the company should be dissolved on the 1st of July, and sent messengers to communicate the fact to the other 302 hunt's negotiations with baranof. [1813. partners, Stuart and Clarke, at the Okinagan and Spokan posts. The latter gentleman, on receiving this news, hastened to the factory, and there strongly opposed the determination to abandon the enterprise ; and it was at length agreed among them, that the establishments should be maintained a few months longer, at the end of which time, the company should be dissolved, unless assist- ance were received from the United States. Three of the clerks, including Ross Cox, however, immediately quitted the concern, and, entering the service of the North- West Company, took their departure for the upper country with Laroque and Mactavish, in July. From the United States no assistance came. The ship Lark was despatched from New York, in March, 1813, with men and goods for the Columbia ; but she was wrecked in October following, near one of the Sandwich Islands, on which the captain, Northrup, and crew succeeded in effecting a landing. The American government also determined, in consequence of the representations of Mr. Astor, to send the frigate Adams to the North Pacific, for the protection of the infant establishment ; but, just as that ship was about to sail from New York, it became necessary to transfer her crew to Lake Ontario, and the blockade of the coasts of the United States by the British rendered all further efforts to convey succors to Astoria unavailing. Li the mean time, Mr. Hunt, the chief agent, who had sailed from the Columbia in the Beaver, in August, 1812, as already men- tioned, visited the principal Russian establishments on the north- west coasts of America, and the adjacent islands, and collected a large quantity of furs, besides concluding arrangements highly advantageous to the Pacific Company, with Governor Baranof,* at Sitka. It was then agreed between Mr. Hunt and Captain Sowles, that the Beaver should proceed, by way of the Sandwich Islands, to Canton, instead of returning to the Columbia, as had been previous- ly determined ; and this was done, though Hunt went no farther in her than to Woahoo, one of the Sandwich group, where he remained several months, waiting for some vessel to carry him to Astoria. At length, in June, 1813, the ship Albatross, of Boston, arrived at * An amusing account of the negotiations between Hunt and Baranof is given in Mr. Irving's Astoria. The chief agent of the Pacific Company appears to have been in as much danger from the "potations pottle deep" of raw rum and burning punch, which accompanied each of his interviews with the governor of Russian America, aa from hunger, thirst, savages, or storms, during his whole expedition. 1813.] ASTORIA SOLD TO THE NORTH-WEST COMPANY. 303 Woahoo, from China, bringing information of the war between the United States and Great Britain, and also that the Beaver was blockaded by a British ship at Canton ; on learning which, Mr. Hunt chartered the Albatross, and proceeded in her to the Colum- bia, where he arrived on the 4tii of August. Mr. Hunt was astounded on learning the resolution adopted by the other partners at Astoria during his absence, which he endeav- ored to induce them to change ; but, finding them determined, he reluctantly acceded to it himself, and, after a few days, he re- embarked in the Albatross, for the Sandwich Islands, in search of some vessel to convey the property of the Pacific Company to a place of safety. At the Sandwich Islands no vessel could be found ; and Hunt accordingly continued in the Albatross until she arrived at Nooahevah, (one of the Washington Islands, discovered by Ingraham, in 1791,) where he learned from Commodore David Porter, who was lying there in the American frigate Essex, that a large British squadron, under Commodore Hillyar, was on its way to the Columbia. This news caused Hunt to hasten back to the Sandwich Islands, which he reached in December, soon after the wreck of the Lark ; and, having there chartered a small brig, called the Pedler, he sailed in her to Astoria, where he arrived in February, 1814. The fate of the Pacific Company, and its establishments in North- West America, had, however, been decided some time before the Pedler reached Astoria. Soon after the departure of Hunt, Mr. Mactavish and his followers of the North-West Company again appeared at Astoria, where they expected to meet a ship called the Isaac Todd, which had sailed from London in March, laden with goods, and under convoy of a British squadron, charged " to take and destroy every thing Amer- ican on the north-west coast." They were received as before, and allowed to pitch their camp unmolested near the factory ; and private conferences were held between Mactavish and Macdougal, the results of which were, after some days, communicated to the other partners, and then to the clerks of the Pacific Company. These results were set forth in an agreement, signed on the 16th of October, 1813, between Messrs. Mactavish and Alexander Stuart, on the one part, and Messrs. Macdougal, Mackenzie, and Clarke, on the other ; by which all the " establishments, furs, and stock in hand," of the Pacific Company, in the country of the 304 ASTORIA TAKEN BY THE BRITISH. [1813. Columbia, were sold to the North- West Company, for about fifty- eight thousand dollars. Whilst the business of valuing the furs and goods at Astoria, and of transferring them to their new owners, was in progress, the British sloop of war Raccoon appeared at the mouth of the river, under the command of Captain Black, who had been despatched from the South Pacific, by Commodore Hillyar, for the purpose of taking the American forts and establishments on the Columbia, and had hast- ened thither in expectation of securing some glory, and a rich share of prize-money, by the conquest. On approacliing the factory, however, the captain soon saw that he should gain no laurels ; and, after it had been formally surrendered to him by Mr. Macdougal, he learnt, to his infinite dissatisfaction, that its contents had become the property of British subjects. He could, therefore, only haul down the flag of the United States, and hoist that of Great Britain in its stead, over the establishment,* the name of which was, with due solemnity, changed to Fort George ; and, having given vent to his indignation against the partners of both companies, whom he loudly accused of collusion to defraud himself and his officers and crew of the reward due for their exertions, he sailed back to the South Pacific. The brig Pedler arrived in the Columbia, as before said, on the 28th of February, 1814, and Mr. Hunt found Macdougal super- intending the factory, not, however, as chief agent of the Pacific Company, but as a partner of the North- West Company, into which he had been admitted. Hunt had, therefore, merely to close the concerns of the American association in that quarter, and to receive the bills on Montreal, given in payment for its effects ; after which he reembarked in the Pedler, with two of the clerks, and proceeded, by way of Canton and the Cape of Good Hope, to New York. Of the other persons who had been attached to the Pacific Fur Company's establishments, some were murdered by the Indians on Lewis River, in the summer of 1813; some, including Mr. Franchere, the author of the narrative of the expeditions, re- turned over land to the United States, or to Canada ; and some remained on the Columbia, in the service of the North- West Com- pany. The long-expected ship Isaac Todd reached Fort George on the 17th of April, thirteen months after her departure from Eng- • * See the account of the capture of Astoria, extracted from Cox, in the Proofs and Illustrations, under the letter G, No. 3. 1814.] TERMINATION OF THE ASTORIA ENTERPRISE. 305 land, bringing a large stock of supplies ; by the aid of which the partners of the North- West Company were enabled to extend their operations, and to establish themselves more firmly in the country. Such was the termination of the Astoria enterprise ; for no attempt has been since made by any of the persons who were en- gaged in it to form establishments on the western side of America. It was wisely planned : the resources for conducting it were ample ; and its failure was occasioned by circumstances, the principal of which could not have been reasonably anticipated at the time of its commencement. That ships might be lost at sea, or that parties might be destroyed by savages, or perish from cold or hunger, — casualties such as these were expected, and provisions were made for the con- tingencies. But, in ISIO, when the Beaver sailed from New York, no one believed that, before the end of two years, the United States would be at war with the greatest maritime power in the world. By that war the whole plan was traversed. Communications by sea between the United States and the Pacific coasts became diffi- cult and uncertain, whilst those by land were of little advantage, and were always liable to interruption by the enemy ; and there was, in fact, no ^ object in collecting furs on the Columbia, when those articles could not be transported to China. 1 The Pacific Company, nevertheless, might, and probably would, I have withstood all these difficulties, if the directing partners on the\ Columbia had been Americans, instead of being, as the greater part \ of them were, men unconnected with the United States by birth, or\ citizenship, or previous residence, or family ties. Mr. Astor de- clares that he would have preferred the loss of the establishments and property by a fair capture, to the sale of them in a manner which he considered disgraceful ; yet, although the conduct of Macdougal and Mackenzie, in that sale, and subsequently, was such as to authorize suspicions with regard to their motives, they could not have been expected to engage in hostilities against their compatriots and former friends. Being thus restrained from defend- ing the honor of the Pacific Company by force, they may have con- sidered themselves bound to take care of its interests, by the only means in their power, as they did in the sale. American citizens would have resisted the North-West Company, and would doubt- less have maintained their supremacy, in the country of the Co- lumbia, for some time, possibly until peace had been made between Great Britain and the United States. 39 306 CHAPTER XV. 1814 TO 1820. Restitution of Astoria to the United States by Great Britain, agreeably to the Treaty of Ghent — Alleged Reservation of Rights on the Part of Great Britain — First Negotiation between the Governments of Great Britain and the United States, respecting the Territories west of the Rocky Mountains, and Convention for the joint Occupancy of those Territories — Florida Treaty between Spain and the United States, by which the Latter acquires the Title of Spain to the North- West Coasts — Colonel Long's exploring Expedition to the Rocky Mountains — Disputes between the British North- West and Hudson's Bay Companies — Union of those Bodies — Act of Parliament extending the Jurisdiction of the Canada Courts to the Pacific Countries — Russian Establishments on the North Pacific — Expeditions in Search of Northern Passages between the Atlantic and the Pacific — Death of Tamahamaha, and Introduction of Christianity into the Sandwich Islands. The capture of Astoria by the British, and the transfer of the Pacific Company's estabhshments on the Columbia to the North- West Company, were not known to the plenipotentiaries of the United States at Ghent, on the 24th of December, 1814, when they signed the treaty of peace between their country and Great Britain. That treaty contains no allusion whatsoever to the north- west coasts of America, or to any portion of the continent west of the Lake of the Woods. The plenipotentiaries of the United States had been instructed by their government to consent to no claim on the part of Great Britain to territory in that quarter south of the 49th parallel of latitude, for reasons which have been already stated ; and, after some discussion, they proposed to the British an article similar in effect to the fifth article of the convention signed, but not definitively concluded, in 1807, according to which,^ a line drawn along that parallel should separate the territories of the powers so far as they extended west of the Lake of the Woods, provided, however, that nothing in the article should be construed as applying to any country west of the Rocky Mountains. The British plenipotentiaries were willing to accept this article, if it were also accompanied by a provision that their subjects should have access to the Mississippi River, through the territories of the United ■" For the rrnsovs and the conrentiov here mentioned, see chap. xiii. 1815.] THE UNITED STATES CLAIM ASTORIA. 307 States, and the right of navigating it to the sea ; but the Americans refused positively to agree to such a stipulation, and the question of boundaries west of the Lake of the Woods was left unsettled by the treaty. It was nevertheless agreed, in the first article of the treaty of Ghent, that " all territory, places, and possessions, whatsoever, taken by either party from the other during the war, or which may be taken after the signing of this treaty, excepting only the islands hereinafter mentioned, [in the Bay of Fundy,] shall be restored without delay ; " and, in virtue of this article, Mr. Monroe, the secretary of state of the United States, on the 18th of July, 1815, announced to Mr. Baker, the charge d'affaires of Great Britain at Washington, that the president intended immediately to reoccupy the post at the mouth of the Columbia. This determination seems to have been taken partly at the instance of Mr. Astor, who was anxious, if pos- sible, to recommence operations on his former plan in North- West America ; but no measures were adopted for the purpose until September, 1817, when Captain J. Biddle, commanding the sloop of war Ontario, and Mr. J. B. Prevost, were jointly commissioned to proceed in that ship to the mouth of the Columbia, and there " to assert the claim of the United States to the sovereignty of the adjacent country, in a friendly and peaceable manner, and without the employment of force." * A few days after the departure of Messrs. Biddle and Prevost for the Pacific, on this mission, Mr. Bagot, the British plenipotentiary at Washington, addressed to Mr. J. Q. Adams, the American secretary of state, some inquiries respecting the destination of the Ontario, and the objects of her voyage ; and, having been informed on those points, he remonstrated against the intended occupation of the post at the mouth of the Columbia, on the grounds " that the place had not been captured during the late war, but that the Americans had retired from it, under an agreement with the North- West Company, which had purchased their effects, and had ever since retained peaceable possession of the coast ; " and that " the territory itself ivas early taken possession of in his majesty's name, and had been since considered as forming part of his majesty's dominions ; " under which circumstances, no claim for the restitution of the post could be founded on the first article of the treaty of Ghent. At what precise time this possession was taken, or on * See President Monroe's message to Congress of April I5th, 1822, and the accom- panying documents. 308 G. BRITAIN DENIES THE CLAIM OF THE U. STATES. [1818. what grounds the territory was considered as part of the British dominions, the minister did not attempt to show. Mr. Bagot at the same time communicated the circumstances to his government, and they became the subjects of discussion between Lord Castle reagh, the British secretary for foreign affairs, and Mr. Rush, the American plenipotentiary at London. Lord Castlereagh proposed that the question respecting the claim to the post on the Columbia should be referred to commissioners, as many other dis- puted points had been, agreeably to the treaty of Ghent ; to which Mr. Rush objected, for the simple reasons — that the spot was in the possession of the Americans before the war; that it fell, by bel- ligerent capture, into the hands of the British during the war ; and that, '•' under a treaty which stipulated the mutual restitution of all places reduced by the arms of either party, the right of the United States to immediate and full repossession could not be impugned." The British secretary, upon this, admitted the right of the Ameri- cans to be reinstated, and to be the party in possession, while treating on the title ; though he regretted that the government of the United States should have employed means to obtain restitution which might lead to difficulties. Mr. Rush had no apprehensions of that kind ; and it was finally agreed that the post should be restored to the Americans, and that the question of the title to the territory should be discussed in the negotiation as to limits and other matters, which was soon to be commenced. Lord Bathurst, the British secretary for the colonies, accordingly sent to the agents of the North-West Company at the mouth of the Columbia a despatch, directing them to afford due facilities for the reoccupation of the post at that point by the Americans; and an order to the same effect was also sent from the Admiralty to the commander of the British naval forces in the Pacific. The Ontario passed around Cape Horn into the Pacific, and arrived, in February, 1818, at Valparaiso, where it was agreed between the commissioners that Captain Biddle should proceed to the Columbia, and receive possession of Astoria for the United States, Mr. Prevost remaining in Chili for the purpose of transact- ing some business with the government of that country, which had also been intrusted to him. Captain Biddle accordingly sailed to the Columbia, and, on the 9th of August, he took temporary pos- session of the country on that river, in the name of the United States, after which he returned to the South Pacific. In the mean time, Commodore Bowles, the commander of the 1818.] ASTORIA RESTORED TO THE UNITED STATES. 309 British naval forces in the South Sea, received at Rio de Janeiro the order from the Admiralty for the surrender of the post on the Columbia to the Americans. This order he transmitted to Captain Sheriff, the senior officer of the ships in the Pacific, who, meeting Mr. Prevost at Valparaiso, informed him of the contents of the order, and offered him a passage to the Columbia, for the purpose of completing the business, as it certainly could not have been done by Captain Biddle. This offer was accepted by the American commissioner, who proceeded, in the British frigate Blossom, to the Columbia, and entered that river in the beginning of October ; and Mr. Keith, the superintending partner of tlie North- West Company at Fort George, or Astoria, having also received the order, from the colonial department at London, for the surrender of the place, the affair was soon despatched.* On the 6th of the month. Captain Hickey and Mr. Keith, as joint commissioners on the part of Great Britain, presented to Mr. Prevost a paper declaring that, in obe- dience to the commands of the prince regent, as signified in Lord Bathurst's despatch of the 27th of January previous, and in con- formity to the first article of the treaty of Ghent, they restored to the government of the United States, through its agent, Mr. Prevost, the settlement of Fort George, on the Columbia River ; and Mr. Prevost, in return, gave another paper, setting forth the fact of his acceptance of the settlement for his government, agreeably to the * President Monroe's message to Congress of April 17th, 1S22, accompanied by Mr. Prevost's letter, dated Monterey, November 11th, 1818. The two papers above mentioned are of so much importance, that they are here given at length. The act of delivery presented by the British commissioners is as follows : — " In obedience to the commands of his Royal Highness the Prince Regent, signi- fied in a despatch from the right honorable the Earl Bathurst, addressed to the part- ners or agents of the North-West Company, bearing date the 27th of .laiiuary, IBIS, and in obedience to a subsequent order, dated the 26th of July, from W. H. Sheriff, Esq., captain of his Majesty's ship Andromache, we, the undersigned, do, in conform- ity to the first article of the treaty of Ghent, restore to the Government of the United States, through its agent, J. B. Prevost, Esq., the settlement of Fort George, on the Columbia River. Given under our hands, in triplicate, at Fort George, (Columbia River,) this 6th day of October, 1818. "F. HicKEv, Captain of his Majesty's ship Blossom. "J. Keith, of the JVorth-JVest Company." The act of acceptance, on the part of the American commissioner, is in these words : — " I do hereby acknowledge to have this day received, in behalf of the Government of the United States, the possession of the settlement designated above, in conformity to the first article of the treaty of Ghent. Given under my hand, in triplicate, at Fort George, (Columbia River,) this 6th of October, 1818. "J. B. Prevost, AgerUfor the United States." 310 PRETENDED RESERVATION OF THE BRITISH. [1818. above-mentioned treaty. The British flag was then formally low^- ered, and that of the United States, having been hoisted in its stead over the fort, was saluted by the Blossom. The documents above cited — the only ones which passed between the commissioners on this occasion — are sufficient to show that no reservation or exception was made on the part of Great Britain, and that the restoration of Astoria to the United States was complete and unconditional. Nevertheless, in a negotiation between the governments of those nations, in 1826, relative to the territories of the Columbia, it was maintained by the plenipoten- tiaries of Great Britain,* that the restoration of Astoria could not have been legally required by the United States, in virtue of the treaty of Ghent, because the place was not a national possession, nor a military post, and was not taken during war ; but " in order that not even the shadow of a reflection might be cast upon the good faith of the British government, the latter determined to give the most liberal extension to the terms of the treaty of Ghent ; and in 1818, the purchase which the British Company had made in 1813 was restored to the United States ; particular care being, however, taken, on this occasion, to prevent any misapprehension as to the extent of the concession made by Great Britain." In support of this last assertion, two documents are produced, as having been addressed, in 1818, hy the British ministers to their own agents, and which, though never before published, or communicated in any way to the United States, were considered by the plenipotentiaries, in 1826, as putting the " case of the restoration of Fort Astoria in too clear a light to require further observation." One of these documents is presented as an extract from Lord Castlereagh's despatch to Mr. Bagot, dated February 4th, 1818, in which his lordship says, " You will observe, that whilst this government is not disposed to contest with the American government the point of possession, as it stood in the Columbia River, at the moment of the rupture, they are not prepared to admit the validity of the title of the government of the United States to this settlement. In signifying, therefore, to Mr. Adams the full acquiescence of your government in the reoccupa- tion of the limited position which the United States held in that river at the breaking out of the war, you will, at the same time, assert, in suitable terrns, the claim of Great Britain to that territory, upon which the American settlement must be considered an encroach- • Statement presented by the British plenipotentiaries to Mr. Gallatin, among the Proofs and Illustrations, letter H. See hereafter, chap. xvi. 1818.] PRETENDED RESERVATION OF BRITISH RIGHTS. 311 ment : " the plenipotentiaries add that " this instruction was ex- ecuted verbally by the person to whom it was addressed." The other document purports to be a copy of the despatch from Lord Bathurst to the partners of the North-West Company, mentioned in the Act of DeUvery, presented by Messrs. Keith and Hickey, direct- ing them to restore the post on the Columbia, " in pursuance of the first article of the treaty of Ghent," in which the words " without, however, admitting the right of that government to the possession in question " appear in a parenthesis.* Without inquiring, at present, whether or not Astoria was a national possession of the United States, agreeably to the rules and definitions laid down by writers on national law, there can be no difficulty in showing that it was such according to the principles and practice of Great Britain ; and for tiiat purpose, it is necessary merely to refer to the circumstances attending the dispute between that power and Spain, in 1790, wlien the British government re- quired from Spain the surrender of a territory discovered by her navigators, and occupied by her forces, on the ground that it had, previous to such occupation, become the property of British sub- jects. Whether Astoria was a military post or not, could be of no consequence, as the treaty of Ghent provides for the restoration of " all territory, places, and possessions, whatsoever, taken by either party from the other, during the war," except those on the Atlantic .side of America specially named ; and that the establishments on the Columbia were so taken by the British during war, has been sufficiently proved. The right of the United States to make settle- ments on the Columbia, existed previous to the foundation of As- toria, in virtue of the discoveries and explorations of their private citizens and pubUc officers ; and that right could not be lessened, by any subsequent acts of their citizens, without the consent of their government. The agents of the Pacific Company, in expec- * The following is a copy of this despatch, as given in the British statement, which will be found among the Proofs and Illustrations, in the latter part of this volume, under the letter H : — "Downing Street, January 27th, 1818. " Intelligence having been received, that the United States sloop of war Ontario has been sent by the American government to establish a settlement on the Columbia River, which was held by that State on the breaking out of the last war, I am to acquaint you that it is the Prince Regent's pleasure, (witliout, however, admitting the right of that government to the possession in question,) that, in pursuance of the first article of the treaty of Ghent, due facility should be given to the reoccupation of the said settlement by the officers of the United States ; and I am to desire that you would contribute, as much as lies in yojir power, to the execution of his Royal High- ness's commands. I have, &c. «fec., " Bathcrst." 312 BRITISH VIEWS OF NATIONAL FAITH. [1818. tation of the arrival of an overpowering British force, sold their " establishments, furs, and stock in hand," to the North-West Com- pany ; but they did not, nor could they, alienate the right of domain of the United States, which continued as before that transaction until the British forces arrived, and took possession of the country by right of conquest. The same circumstances might have oc- curred with regard to places near the head of the Mississippi, or in Maine ; and Great Britain would not have been bound more strong- ly by the treaty of Ghent to restore places so situated than to restore the establishments on the Columbia. The two documents, which the British plenipotentiaries consider as putting " the case of the restoration of Astoria in too clear a light to require further observation," are wholly inadmissible as evi- dence in " the case," being simply despatches from British ministers to their own agents, intended exclusively for the instruction of the latter, and with which the United States have no more concern than with the private opinions of those ministers. The attempt to rep- resent such communications as reservations of right on the part of Great Britain to the very territory which she was then in the act of restoring to the United States, expressedly in pursuance of a treaty, is alike at variance with the common sense and the common morals of the day ; and no arguments are required to show that, if such reservations were allowable, all engagements between nations would be nugatory, and all faith at an end. The statement respecting the assertion of the British claim to Astoria, verbally made by Mr. Bagot to Mr. Adams, is incomplete ; for, as Mr. Gallatin justly ob- served in answer, " it is not stated how the communication was re- ceived, nor whether the American government consented to accept the restitution with the reservation, as expressed in the despatch to the envoy ; " * and it is, moreover, by no means consonant with the usages of diplomatic intercourse at the present day, to treat verbally on questions so important as those of territorial sovereignty, or to * Mr. Gallatin's Counter-Statement, accompanying the president's message to Con- gress of December 12th, 1827. Upon the subject of this verbal communication, the following may be found in Mr. Adams's despatch to Mr. Rush, of July 22d, 1823, accompanying the same message : — " Previous to the restoration of the settlement at the mouth of the Columbia River, in 1818, and again, upon the first introduction in Congress of the plan for constituting a territorial government there, some disposition was manifested, by Sir Charles Bagot and Mr. [Stratford] Canning, to dispute the right of the United States to that estab- lishment, and some vague intimation was given of the British claims on the north- west coast. The restoration of the place, and the convention of 1818, were consid- ered as a final disposal of Mr. Bagot's objections, and Mr. Canning declined committing to naper those which he had intimated in conversation." 1818.] BRITISH VIEWS OF NATIONAL FAITH. 313 consider as sufficient, protests and exceptions made in that manner, and brought forward long after, without acknowledgment of any kind on the part of those to whom they are said to have been ad- dressed. The only communication received by the American gov- ernment, on the occasion of the restitution of Astoria, is explicit: " We, the undersigned, do, in conformity to the first article of the treaty of Ghent, restore to the government of the United States the settlement of Fort George, on the Columbia River ; " and this direct and unqualified recognition of the right of the United States cannot be affected by subsequent communications to or from any persons. It may also be remarked, that although the British government, in 1826, pronounced as sufficient a reservation contained in a secret despatch from one of its own ministers to one of its own agents, and withheld from the other party interested in the matter, yet, in 1834, the same government pronounced the reservation contained in the Declaration publicly presented by the Spanish ambassador at Lon- don, in 1771, on the conclusion of the dispute respecting the Falk- land Islands, " not to possess any substantial weight,'' * inasmuch as it had not been noticed in the Acceptance presented by the British government in return. The circumstances connected with the last- mentioned transaction have been already so fully exposed, that it is unnecessary to repeat them here. Immediately after the conclusion of the surrender of Astoria, Mr. Keith presented to Mr. Prevost a note containing inquiries — whether or not the government of the United States would insist upon the abandonment of the post by the North- West Company,! before the final decision of the question as to the right of sove- reignty over the country ; and whether, in the event of such a * Letter from Viscount Palmerston to Senor Moreno, envoy of Buenos Ayres at London, dated January 8th, 1834. See the note in p. Ill, containing a sketch of the circumstances of the dispute respecting the Falkland Islands. t The buildings, and, indeed, the whole establishment at Astoria, had been consid- erably increased, since it came into the hands of the North- West Company. Accord ing to the plan and description of the place sent by INIr. Prevost to Washington, the factory consisted, in 1818, of a stockade made of pine logs, twelve feet in length above the ground, enclosing a parallelogram of one hundred and fifty by two hundred and fifty feet, extending in its greatest length from north-west to south-east, and defended by bastions or towers at two opposite angles. Within this enclosure were all the buildings of the establishment, such as dwelling-houses, magazines, store- houses, mechanics' shops, &c. The artillery were two heavy eighteen-pounders, six six-pounders, four four-pound carronades, two six-pound cohorns, and seven swivels, all mounted. The number of persons attached to the place, besides a few women and children, was sixty-five, of whom twenty-three were whites, twenty-six Sandwich Islanders, (or Kanakis, as they are generally called in the Pacific,) and the remainder persons of mixed blood, from Canada. 40 314 NEGOTIATION AT LONDON. [1818. decision being in favor of the United States, their government vv'ould be disposed to indemnify the North- West Company for any improvements which they might, in the mean time, have made there. On these points, Mr. Prevost, having no instructions, could only reply, as he did, to the effect — that his government would, doubtless, if it should determine to keep up the settlement, satisfy any claims of the North- West Company which might be conformable with justice and the usages of civilized nations. After a few days more spent on the Columbia, the Blossom quitted the river with Mr. Prevost, whom she carried to Peru, the post remaining in the hands of the British traders, who have ever since continued to occupy it. Whilst these measures for the restitution of Astoria were in progress, a negotiation was carried on, at London, between the plenipotentiaries of the American and British governments, for the definitive arrangement of many questions which were left unsettled by the treaty of Ghent, including those relating to the boundaries of the territories of the two nations west of the Lake of the Woods.* Messrs. Rush and Gallatin, the plenipotentiaries of the United States, proposed — that the dividing line between those territories should be drawn from the north-western extremity of that lake, north or south, as the case might require, to the 49th parallel of latitude, and thence along that parallel west to the Pacific Ocean. The British commissioners, Messrs. Goulburn and Robin- son, after a discussion in which they endeavored to secure to British subjects the right of access to the Mississippi, and of navigating that river, agreed to admit the line proposed as far west as the Rocky Mountains ; and an article to that effect was accordingly inserted in the projet of a convention. The claims of the respective nations to territories west of the Rocky Mountains were then considered. Messrs. Rush and Galla- tin " did not assert that the United States had a perfect right to that country, but insisted that their claim was at least good against Great Britain ; " and they cited, in support of that claim, the facts of the discovery of the Columbia River, of the first exploration from its sources to its mouth, and of the formation of the first establishments in the country through which it flows, by American citizens. Messrs. Goulburn and Robinson, on the other hand, affirmed " that former voyages, and principally that of Captain Cook, gave to Great Britain the rights derived from discovery ; and they alluded to * President Monroe's message to Congress, with the accompanying documents, Bent December 29th, 1818. 1818.] CONVENTION OF UNITED STATES AND GREAT BRITAIN. 315 purchases from the natives south of the Columbia, which they alleged to have been made prior to the American revolution. They did not make any formal proposition for a boundary, but intimated that the river itself was the most convenient which could be adopted ; and that they would not agree to any which did not give them the harbor at the mouth of that river, in common with the United States." It is needless here to repeat the proofs that Cook saw no part of the west coast of America south of Mount San Jacinto, near the 57th degree of latitude, which had not been already explored by the Spaniards ; with regard to the purchases from the natives south of the Columbia, alleged to have been made by British subjects prior to the revolution, history is entirely silent. The de- termination expressed on the part of the British government not to assent to any arrangement which did not give to Great Britain the mouth of the Columbia, was at least unequivocal, and was sufficient to show that all arguments on the American side would be unavailing. It was, accordingly, at length agreed that all territories and their waters, claimed by either power, west of the Rocky Mountains, should be free and open to the vessels, citizens, and subjects, of both for the space of ten years ; provided, however, that no claim of either, or of any other nation, to any part of those territories, should be prejudiced by the arrangement. This convention having been completed, it was signed by the plenipotentiaries on the 20th of October, 1818, and was soon after ratified by the governments of both nations.* The compromise contained in its third article, with regard to the territories west of the Rocky Mountains, was, perhaps, the most wise, as well as the most equitable, measure which could have been adopted at that time ; considering that neither party pretended to possess a perfect title to the sovereignty of any of those territories, and that there was no prospect of the speedy conclusion of any arrangement with regard to them, between either party and the other claimants, Spain and Russia. The agreement could not certainly, at the time, have been considered unfavorable to the United States ; for, although the North- West Company held the whole trade of the Columbia country, yet the important post at the mouth of that river was restored to the Americans without reservation, and there was every reason for supposing that it would be immediately re- * See tlie third article of the convention of October, 1818, among the Proofs and Illustrations, in the latter part of this History, under the letter K, No. 2. 316 FLORIDA TREATY BETWEEN U. STATES AND SPAIN. [1818. occupied by its founders : and it seemed, moreover, evident that the citizens of the United States would enjoy many and great advantages over all other people in the country in question, in con- sequence of their superior facilities of access to it, especially since the introduction of steam vessels on the Mississippi and its branches. In the same year, a negotiation was carried on at Washington, between the governments of the United States and Spain, in which the question of boundaries on the north-west side of America was likewise discussed. The Spanish minister, Don Luis de Onis, began by declaring that " the right and dominion of the crown of Spain to the north-west coast of America as high as the Californias, is certain and indisputable ; the Spaniards having explored it as far as the 47th degree, in the expedition under Juan de Fuca, in 1592, and in that under Admiral Fonte, to the 55th degree, in 1640. The dominion of Spain in these vast regions being thus established, and her rights of discovery, conquest, and possession, being never dis- puted, she could scarcely possess a property founded on more re- spectable principles, whether of the law of nations, of public law, or of any others which serve as a basis to such acquisitions as compose all the independent kingdoms and states of the earth." Upon these positive assertions, the American plenipotentiary, Mr. J. Q. Adams, secretary of state, did not consider himself required to offer any comment ; and the origin, extent, and value, of the claims of Spain to the north-western portion of America remained unquestioned during the discussion. The negotiation was broken off in the early part of the year, soon after its commencement ; it was, however, renewed, and was terminated on the 22d of February, 1819, by a treaty commonly called the Florida treaty, in which the southern boundaries of the United States were definitively fixed. Spain ceded Florida to the American republic, which relinquished all claims to territories west of the River Sabine, and south of the upper parts of the Red and the Arkansas Rivers ; and it was agreed that a line drawn on the meridian from the source of the Arkansas northward to the 42d parallel of latitude, and thence along that parallel westward to the Pacific, should form the northern boundary of the Spanish possessions, and the southern boundary of those of the United States, in that quarter, — " His Catholic majesty ceding to the United States all his rights, claims, and pretensions, to any territories north of the said line." The provisions of this treaty, particularly those relating to limits, appear to have been as nearly just as any which could have been 1319.] FLORIDA TREATY BETWEEN THE U. S. \ND SPAIN. 317 framed under existing circumstances; and as an almost necessary consequence, they were not received with general satisfaction by either nation. The Americans insisted that the Rio del Norte should have been made the boundary of their republic in the south-west, so as to secure to it the possession of the vast and fertile region of Texas, which they claimed as originally forming part of Louisiana ; whilst the Spaniards protested that their interests in the new world had been sacrificed by the surrender of Florida to the power most dangerous to them in that quarter. The Spanish government, which was then in the hands of the Cortes, withheld its ratification of the treaty for nearly two years ; and within a year after that ratification had been given, the authority of Spain was extin- guished in every portion of America contiguous to the new line of boundary.* With regard to the extent of the territory west of the Rocky Mountains, and the validity of the title to it thus acquired by the United States, it will be convenient here to introduce some ob- servations. * See tlio third article of the treaty of 1819, defining the boundary, as settled, in the Proofs ajid Illustrations, under the Letter K, No. 6. The correspondence which passed during the negotiation may be found accompanying President Monroe's mes- sage to Congress of February 2'2d, 1819. Great skill and knowledge of the subject are displayed by each of the plenipotentiaries in this correspondence ; the Chevalier de Onis occasionally employing that finesse which was considered as the principal weapon of the diplomatist of the last centuries, while Mr. Adams, in addition to his superior acquaintance with history and national law, impresses upon tlie reader his profound conviction of the justice of his cause. The Spanish plenipotentiary, on returning to his country, found it necessary to vindicate his conduct in this negotiation, by a Memoir, published at Madrid in 1820, in which he shows that he was by no means convinced of the right of Spain to the territory west of the Sabine River; and he claims especial commendation from his government for this part of the treaty of 1319, " which," he says, "is improperly styled a treaty of cession, whereas it is in reality one of exchange, or permutation, of a small province for another of double the extent, more rich and fertile. 1 will agree," he adds, "that the third article might, with greater clearness, have been ex- pressed thus : ' In exchange, the United States cede to his Catholic majestrj the province of Texas,' &c. ; but as I had been for three years maintaining, in the lengthened cor- respondence herein inserted, that this province belonged to the king, it would have been a contradiction to express, in the treaty, that the United States cede it to his majesty." The Chevalier de Onis, however, insinuates, in his Memoir, that one object of his long correspondence on this subject was to gain time. In fact, during the summer of 1818, while the correspondence was partially suspended, (with the same object of gaining time, no doubt,) the Spanish government formally applied to that of Great Britain for aid, or mediation, in the affair; to which Lord Castlereagh immediately returned a decided negative, at the same time advising the Spanish government to cede Florida to the United States, and to make any other arrangement which might be deemed proper, without delay. 318 DURATION OF THE NOOTKA CONVENTION. [1819. That the Nootka convention expired on the declaration of war by Spain against Great Britain in 1796, and could not have been after that period in force, except in virtue of a distinct and formal renewal by the same parties — is consonant with the universal practice of civ- ilized nations, and especially of Great Britain, as manifested during the well-known negotiations between her government and that of the United States, in 1915, respecting the Newfoundland fishery. Mr. Adams, the American plenipotentiary, on that occasion, insisted that his countrymen should continue, not only to fish on the Banks of Newfoundland, but also to land on the British American coasts for the same purpose, as they had done before the war of 1812, by the treaty of 1783, although that treaty had not been renewed by the treaty of Ghent, at the termination of the war — upon the ground that the treaty of 1783, by which Great Britain acknowledged the independence of the United States, was " of a peculiar nature, and bore, in that nature, a character of permanency, not subject, like many of the ordinary contracts between independent nations, to abrogation by a subsequent war between the same parties." To this the British minister. Lord Bathurst, answered, that, " if the United States derived from the treaty of 1783 privileges from which other independent nations, not admitted by treaty, were excluded, the duration of those privileges must depend on the duration of the instrument by which they were granted ; and if the war abrogated the treaty, it deter- mined the privileges. It has been urged, indeed," continues his lordship, " on the part of the United States, that the treaty of 1783 was of a peculiar nature, and that, because it contained a recognition of American independence, it could not be abrogated by a subse- quent war between the parties. To a position of this novel nature Great Britain cannot accede. She Jcnoivs of no exception to the rule, that all treaties are put an end to by a subsequent war between the same parties : she cannot, therefore, consent to give to her diplo- matic relations with one state a different degree of permanency from that on which her connection with all other states depends. Nor can she consider any one state at liberty to assign to a treaty, made with her, such a peculiarity of character, as shall make it, as to duration, an exception to all other treaties, in order to found on a peculiarity thus assumed an irrevocable title to all indulgences which have all the features of temporary concessions." The British minister, indeed, admitted that recognitions of right in a treaty might be consifJered as perpetual obligations : and, refer- ring to the terms of the treaty of 1783, he showed that the right of 1819.] THE NOOTKA CONVENTION EXPIRED IN 1796. 319 the Americans to fish on the banks of Newfoundland (tliat is to say, in the open sea) was there distinctly acknowledged, while the liberty to use the British coasts for the same purpose was conceded to them ; and that, although the right subsisted in virtue of the inclependence of the United States, the liberty expired on the declaration of war in 1812, and could not again be enjoyed, without the express con- sent of Great Britain. It may be added that the position thus assumed by the British government was maintained throughout the negotiation ; at the end of which, the liberty to take and cure fish on certain parts of the British American coasts, so long as they should remain unsettled, was secured to the citizens of the United States, in common with British subjects, forever, by the first article of the convention of October 20th, 1818.* Applying to the Nootka convention the rule thus enforced by Great Britain in 1815, with all its exceptions in their widest sense, there can be no question that this compact was entirely abrogated by the war between that power and Spain, begun in October, 1796. On analyzing the convention, it will be seen that the first, second, and eighth articles relate exclusively to certain acts, which were to be forthwith performed by one or both of the parties, and which having been performed, as they all were, before 1796, those articles became dead letters. By the third, article, " it is agreed, in order to strengthen the bonds of friendship, and to preserve, in future, a perfect harmony and good understanding betiveeri the two contracting parties," that their respective subjects shall not be disturbed or molested in navigating or fishing in the Pacific or Southern Oceans, or in land- ing on the coasts of those seas in places not already occupied, "for the purpose of carrying on their commerce with the natives of the country, or of making settlements there; " under certain restrictions, nevertheless, to the specification of which the fourth, fifth, and sixth articles are entirely devoted : the remaining seventh article merely indicating the course to be pursued in cases of infraction of the others. The Nootka convention thus contains nothing which can be construed as a perpetual obligation, no assertion or recogni- tion of right, which can be deemed irrevocable ; but is, as a whole, and in each of its separate stipulations, a concession, or series of concessions. To navigate and fish in the open sea, and to trade and settle on coasts unoccupied by any civilized nation, are indeed rights claimed by all civilized nations: Spain, however, did not * Correspondence annexed to President Monroe's message to Congress of Decem- ber 29th, 1818. 320 THE NOOTKA CONVENTION EXPIRED IN 1796. [1819. acknowledge these rights as existing in any other power with regard to the Pacific and Southern Oceans and their American coasts ; and, by the Nootka convention, she merely engaged to desist from the exercise of privileges claimed by her in those seas and coasts, so far as British subjects might be affected by them, on condition that Great Britain should desist from the exercise of privileges claimed by her, in the same quarters of the world. After the abrogation of the convention by war, each nation might again assert and exercise the privileges claimed by it before the conclusion of the compact ; and neither could be regarded as bound by any of the restrictions defined in that instrument, until they had been formally renewed by express consent of both the original parties. The war begun by Spain against Great Britain, in 1796, con- tinued, with the intermission of the two years of uncertainty suc- ceeding the peace of Amiens, until 1809, when those nations were again allied, in opposition to France. Since that period, they have remained constantly at peace with each other. The only engage- ment made between them for the renewal of treaties subsisting before 1796, is contained in the first of the three additional articles to the treaty of Madrid, signed on the 24th of August, 1814, wherein "/if is agreed that, pending the negotiation of a new treaty of com- merce, Great Britain shall he admitted to trade ivith Spain, upon the same conditions as those which existed previously to 1796 ; all the treaties of commerce, which at that period subsisted hetiveen the tivo nations, being hereby ratified and confirmed.''^ Thus the Nootka convention could not have been in force at any time between Octo- ber, 1796, and August, 1814; nor since that period, unless it were renewed by the additional article above quoted. That the first part of this article related only to trade between the European dominions of Great Britain and Spain, is certain, because no trade had ever been allowed, by treaty or otherwise, between either kingdom, or its colonies, and the colonies of the other, except in the single case of the ^siewifo, concluded in 1713, and abrogated in 1740, agreeably to which the British South Sea Company supplied the Spanish colonies with negro slaves during that period ; and because, more- over, by an article in the treaty of Madrid, to which the above- quoted article is additional, " 7n the event of the commerce of the Spanish American colonies being opened to foreign nations, his Catholic majesty promises thai Great Britain shall be admitted to trade with those possessio7is, as the most favored nation." The second part of the additional article is evidently intended merely in confir- 1819.] THE NOOTKA CONVENTION EXPIRED IN 1796. 321 mation and completion of the first, which would otherwise have want- ed the requisite degree of precision ; and it certainly could not have embraced the convention of 1790, except so far as related to the commerce of each of the parties on the unoccupied coasts of Amer- ica, and the settlements made by each for that special purpose. Had the convention of 1790 been expressly renewed and con- firmed in 1814, it would still have been inoperative, except with regard to subjects and establishments of the contracting parties. The governments of Great Britain and Spain might have again agreed that their subjects should reciprocally enjoy liberty of access and trade, in all establishments which either might form on the north-west coasts of America ; but neither power could have claimed such rights in places on those coasts then occupied by a third nation. It has been already shown that, after the abandonment of Nootka Sound by the Spaniards, in March, 1795, no settlement was made, or attempted, by them in any of the countries on the western side of America north of the Bay of San Francisco ; and that, during the period between that year and 1814, many establishments were formed in those countries by Russians, British, and citizens of the United States. The Russians extended their posts from Aliaska eastward to Sitka, and even fixed themselves within a few miles of the Bay of San Francisco. The British founded their first establish- ment west of the Rocky Mountains, in 1806, on the upper waters of Fraser's River, near the 54th degree of latitude. The Columbia was surveyed by order of the government of the United States, with a view to its occupation, in 1805 ; and their citizens made estab- lishments on that river successively in 1808, 1810, and 1811, of which the principal were, in 1813, taken by the British, and in 1818, restored to the Americans, agreeably to the treaty of Ghent. Under such circumstances, the title of Spain to the countries north of the Bay of San Francisco, however strong it may have been in 1790 or 1796, in virtue of discoveries and settlements, must be allowed to have become considerably weaker in 1819, from disuse, and from submission to the acts of occupation by other powers. Thus, whilst it may be doubted that either of those powers could in justice claim the sovereignty of the country occupied by its sub- jects without the consent of Spain, the latter could not have claimed the exclusive possession of such country, or have entered into com- pacts with a third power, respecting trade, navigation, or settlement, in it, agreeably to any recognized principle of national law. Still less could Great Britain have claimed the right to exclude other 41 322 long's expedition to the rocky mountains. [1819. nations from the sovereignty of the regions traversed by the Co- lumbia, in which her subjects had made no discoveries, and which had been first occupied by the United States, unless upon the ground of conquest during war ; and this ground became untenable after the treaty of Ghent, as distinctly acknowledged by the British government in the fact of the restoration of Astoria. Thus, whilst the title to the countries north of the 42d parallel of latitude, derived by the United States from Spain, through the Florida treaty, was undoubtedly imperfect, — though not from any possible effect of the Nootka convention, as insisted by the British government in 1826, — yet that title, in addition to those previously possessed by the Americans, in virtue of their discoveries and set- tlements in the Columbia countries, appears to constitute a right in their favor, stronger than could be alleged by any other nation, if not amounting to an absolute right of sovereignty. Immediately after the signature of the Florida treaty, an expedi- tion for tlie purpose of examining the country drained by the Mis- souri and its branches was organized by Mr. Calhoun, then secre- tary of war of the United States, who had been, for some time pre- vious, assiduously endeavoring to regulate the intercourse with the Indians,* and to extend the military posts of the United States through those regions. The party, comprising a large number of officers and men of science, passed the summer of 1819 in exam- ining the Lower Missouri, and the following winter in cantonment at Council Bluffs, on the west side of that river, eiglit hundred and fifty miles above its junction with the Mississippi. In June of the following year they proceeded up the valley of the Platte, to the confluence of its north and south branches or forks, and then continued along the south fork, to its sources in the Rocky Moun- tains, near the 40th degree of latitude. Here Dr. James, the bota- nist of the expedition, ascended a mountain, named after him James's Peak, the height of which was estimated, though on data by no * See Mr. Calhoun's report on this subject to the House of Representatives, dated December 5th, 1818, in which he reviews the system of intercourse with the Indians then pursued, and recommends, as tlie only means of protecting them against the cu- pidity of the traders, and of securing the United States against the deleterious influ- ence exercised over those people by the British trading companies, that the whole trade in the regions beyond the organized states and territories of the Union should be vested, for twent}' years, in a company, subject to such regulations as might be prescribed by law. This document merits attention, from the accuracy of the details and the force of the reasoning ; and we may now regret that the plan proposed by Mr. Calhoun was not carried into effect. 1820.] STERILITY OF THE CENTRAL REGIONS OF AMERICA. 323 means sufficient, at not less than eight thousand five hundred feet above the ocean level ; and then, striking the head-waters of the Arkansas, which also flows from the same mountain, they de- scended the valley of that river to its junction with the Mississippi. Much information was obtained, through tiiis expedition, respect- ing the geography, natural history, and aboriginal inhabitants, of the countries traversed, all of which was communicated to the world in an exact and perspicuous narrative, published by Dr. James in 1823. One most important fact, in a political point of view, was completely established by the observations of the party ; namely, that the whole division of North America, drained by the Missouri and the Arkansas, and their tributaries, between the meridian of the mouth of the Platte and the Rocky Mountains, is arlmost entirely unfit for cultivation, and therefore uninhabitable by a people depending upon agriculture for their subsistence. The portion of this territory within five hundred miles of the Rocky Mountains, on the east, extending from the 39th to the 49th paral- lels of latitude, was indeed found to be a desert of sand and stones ; and subsequent observations have shown the adjoining regions, to a great distance west of those mountains, to be still more arid and sterile. These circumstances, as they became known through the United States, rendered the people and their repre- sentatives in the federal legislature more and more indiflferent with regard to the territories on the north-western side of the continent. It became always difficult, and generally impossible, to engage the attention of Congress to any matters connected with those countries : emigrants from the populous states of the Union would not banish themselves to the distant shores of the Pacific, whilst they could obtain the best lands on the Mississippi and its branches at mod- erate prices ; and capitalists would not vest their funds in establish- ments for the administration and continued possession of which they could have no guarantee. From 1813 until 1823, few, if any, American citizens were employed in the countries west of the Rocky Mountains ; and ten years more elapsed before any settle- ment was formed, or even attempted, by them in that part of the world. Changes were, about the same time, made in the system of the British trade in the northern parts of America, which led to the most important political and commercial results. Frequent allusions have been already made to the enmity subsist- ing between the Hudson's Bay and the North-West Companies. 324 DISPUTES OF BRITISH FUR COMPANIES. [1816 This feeling was displayed only in words, or in the commission of petty acts of injury or annoyance by each against the other, until 1814, when a regular war broke out between the parties, which was, for some time after, openly carried on. The scene of the hostilities was the territory traversed by the Red River of Hudson's Bay and its branches, in which Lord Selkirk, a Scotch nobleman^ had, in 1811, obtained from the Hudson's Bay Company a grant of not less than a hundred thousand square miles, for the establish- ment of agricultural colonies. The validity of this grant was denied by the North-West Company, to which the proposed occu- pation of the territory in question would have been absolutely ruinous, as the routes from Canada to the north-western trading posts ran through it, and from it were obtained nearly all the pro- visions consumed at those posts. The British government, however, appeared to favor and protect Lord Selkirk's project, and a large number of Scotch Highlanders were, without opposition, established on Red River, the country about which received, in 1812, the name of Ossinobia. For two years after the formation of the set- tlement, peace was maintained; at length, in January, 1814, Miles Macdonnel, the governor of the new province, issued a proclama- tion, in which he set forth the limits of the region claimed by his patron, and prohibited all persons, under pain of seizure and prosecution, from carrying out of it " any provisions, either of flesh, dried meat, grain, or vegetables," during that year. The attempts to enforce this prohibition were resisted by the North-West traders, who appeared so resolute in their determination not to yield, that the colonists became alarmed, and quitted the country, some of them returning to Canada, and others emigrating to the United States. In the following year, Lord Selkirk again sent settlers of various nations to the Red River, between whom and the North- West people hostilities were immediately begun. Posts were taken and destroyed on both sides; and, on the 19th of June, 1816, a battle was fought, in which the Ossinobians were routed, and seventeen of their number, including their governor, Mr. Semple, were killed. The country was then again abandoned by the settlers.* These affairs were brought before the British Parliament in June, * T/>rd SfJkirk's Sketch of the British Fur Trade in North America, published in 181G, and the review of it in the London Quarterly Review for October, 1816 — JVarrative of the Occurrences in the Indian Countries of America, published by the North-West Company in 1817, containing all the documents on the subject. 1821.] JURISDICTION OF THE CANADA COURTS EXTENDED. 325 1819 ; and a debate ensued, in the course of which the proceedings of the two rival associations were minutely investigated. The ministry then interposed its mediation, and a compromise was thus at length effected, by which the North-West Company became united with, or rather merged in, the Hudson's Bay Company. At the same time, and in connection with this arrangement, an " act for regulating the fur trade and establishivg a criminal and civil jurisdiction in certain parts of North America " was passed in Parliament, containing every provision required to give stability to the Hudson's Bay Company, and efficiency to its operations. By this act, passed on the 2d of July, 1821, the king was authorized to make grants or give licenses to any body corporate, company, or person, for the exclusive privilege of trading with the Indians, in all such parts of North America as may be specified in the grants, not being parts of the territories previously granted to the Hudson's Bay Company, or of any of his majesty's provinces in Nortli America, or any territories belonging to the United States of America : provided, however, that no such grant or license shall be given for a longer period than twenty-one years ; that no grant or license for exclusive trade, in the part of America west of the Rocky Mountains, which, by the convention of 1318 with the United States, remained free and open to the subjects or citizens of both nations, shall be used to the prejudice or exclusion of citizens of the United States engaged in such trade ; and that no British sub- ject shall trade in those territories west of the Rocky Mountains without such license or grant. By the same act, also, the courts of judicature of Upper Canada are empowered to take cognizance of all causes, civil or criminal, arising in any of the above-mentioned territories, including those previously granted to the Hudson's Bay Company, and *' other parts of America, not within the limits of either of the provinces of Upper or Lower Canada, or of any civil government of the United States ; " and justices of the peace are to be commissioned in those territories, to execute and enforce the laws and the decisions of the courts, to take evidence, and commit offenders and send them for trial to Canada, and even, under cer- tain circumstances, to hold courts themselves, for the trial of crimi- nal offences and misdemeanors not punishable by death, and of civil causes, in which the amount at issue should not exceed two hundred pounds.* * See the act and the grant here mentioned in the Proofs and Illustrations, at the end of this volume, under the letter I, No. 2. 326 SEARCH FOR A NORTH-WEST PASSAGE RESUMED. [1821. Upon the passage of this act, the union of the two companies was effected, and a grant was made, by the king, to " the governor and company of adventurers trading to Hudson's Bay, and to William MacgilUvray, Simon MacgilUvray, and Edward EHice," the persons so named, representing the former proprietors of the North- West Company,* of the exclusive trade, for twenty-one years, in all the countries in which such privileges could be granted agreeably to the act. Persons in the service of the company were, at the same time, commissioned as justices of the peace for those coun- tries ; and the jurisdiction of the courts of Upper Canada was rendered effective as far as the shores of the Pacific, no exception being made, in that respect, by the act, with regard to any of the territories embraced in the grant, '■'■not within the limits of any civil government of the United States.^' About this period, also, the search for a north-west passage, or navigable communication between the Atlantic and the Pacific, north of America, which had been so long suspended, was resumed by British officers, under the auspices of their government ; and expeditions for that object were made through Baffin's Bay, as well as by land, through the northernmost parts of the American conti- nent. The geographical results of these expeditions were highly interesting, while, at the same time, the skill, courage, and perse- verance, of the British were honorably illustrated by the labors of Ross, Parry, Franklin, and their companions. The west coasts of Baffin's Bay were carefully Si,urveyed, and many passages leading from it towards the west and south-west, were traced to considera- ble distances. The progress of the ships through these passages was, however, in each case, arrested by ice ; and, although many extensive portions of the northern coast of the continent were explored, and the Arctic Sea, in their vicinity, was lound free from ice during the short summer, the question respecting the existence of a northern channel of communication between the oceans was left unsolved. These voyages, independently of the value of their scientific results, also proved most advantageous to the commerce of the British throughout the whole of their territories in America, as new routes were opened, and new regions, abounding in furs, were rendered accessible. The Russians were, in the mean time, constantly increasing their * In 1824, the North-West Company surrendered its rights and interests to the Hudson's Bay Company, in the name of which alone all the operations were thence- forward conducted. 1 1 1815.] RUSSIAN SETTLEMENTS IN CALIFORNIA. 327 trade in the Pacific, and, in addition to their estabhshments on the northernmost coasts of that ocean, they had taken possession of the country adjoining Port San Francisco, which they seemed deter- mined, as well as able, to retain. With tiiis object, Baranof, the chief agent of the Russian American Company, in 1812, obtained from the Spanish governor of California permission to erect some houses, and to leave a few men on the shore of Bodega Bay, a little north of Port San Francisco, where they were employed in hunting the wild cattle, and drying meat for the supply of Sitka and the other settlements. In the course of two or three years after this permission was granted, the number of persons thus employed became so great, and their dwelling assumed so much the appearance of a fort, that the governor thought proper to remonstrate on the subject ; and, his representations being disre- garded, he formally commanded the Russians to quit the territories of his Catholic majesty. The command was treated with as little respect as the remonstrance ; and, upon its repetition, the Russian agent, Kuskof, coolly denied the right of the Spaniards over the territory, which he asserted to be free and open for occupation by the people of any civilized power. The governor of California was unable to enforce his commands ; and, as no assistance could be afforded to him from Mexico, in which the rebellion was then at its height, the intruders were left in possession of the ground, where they remained until 1840, in defiance alike of Spaniards and of Mexicans. On the restoration of peace in Europe, in 1814, the Russian American Company resolved to make another effort to establish a direct commercial intercourse, by sea, between its possessions on the North Pacific and the European ports of the empire. With this object, the American ship Hannibal was purchased, and, her name having been changed to Suwarrow, she was despatched from Cron- stadt, under Lieutenant Lazaref, laden with merchandise, for Sitka, whence she returned in the summer of 1815, with a cargo of furs valued at a million of dollars. The adventure proving successful, others of the same kind were made, until the communications be- came regular, as they now are. After the departure of this vessel from Sitka, Baranof sent about a hundred Russians and Aleutians, under the direction of Dr. Schaeffer, a German, who had been the surgeon of the Suwarrow, with the intention, apparently, of taking possession of one of the Sandwich Islands. These men landed first at Owyhee, whence 328 RUSSIAN SETTLEMENTS IN CALIFORNIA. [1819. they passed successively to Woahoo and Atooi ; and in the latter island they remained a year, committing many irregularities, with- out, however, effecting, in any way, the supposed objects of their expedition, until they were at length forced to submit to the author- ities of .Tamahamaha, and to quit the islands.* Expeditions were also made by the Russians to Bering's Strait, and the seas beyond it, for the purpose of determining the question as to the separation of Asia and America, which, though long before supposed to have been ascertained, was again rendered doubtful by some circumstances of recent occurrence. With this object. Cap- tain Otto von Kotzebue sailed from Cronstadt in the ship Ruric, which had been fitted out at the expense of the ex-chancellor Romanzof, and, in the summer of 1816, penetrated through the strait into the Arctic Sea; but, although he surveyed the coasts of both continents on that sea more minutely than any navigator who had preceded him, he was unable to advance so far in any direction as Cook had gone in 1778. In 1820, two other vessels were sent to that part of the ocean, with the same objects ; but no detailed account of their voyage has been made public. In the mean time, however, the doubts as to the separation of the two continents were completely removed, by Captains Wrangel and Anjou, who sur- veyed the eastern parts of the Siberian coast with great care, in defiance of the most dreadful difficulties and dangers.f Nor did the Russians neglect to improve the administration of their affairs on the North Pacific coasts. In 1817, Captain Golow- nin was despatched from Europe, in the sloop of war Kamtchatka, with a commission from the emperor to inquire into the state of the Russian dominions in America ; and, upon the report brought back by him, it was resolved that a radical change should be made in the management of those possessions. Accordingly, upon the renewal of the charter of the company on the 8th of July, 1819, regulations were put in execution, by which the governor and other chief officers of Russian America became directly responsible for their * For further particulars on this subject, the reader — if he should consider the matter worth investigating — may consult Kotzebue's narrative of his voyage to the Pacific, in 1815-16, and Jarves's History of the Sandwich Islands. t See the agreeable and instructive narrative, by Kotzebue, of his voyage in search of a north-east passage. Wrangel's account of his expedition, which has been re- cently published, is a most interesting work, not only from the multitude of new facts in geography, and in many of the physical sciences, which it communicates, but also from the admiration which it inspires for the courage, good temper, and good feeling, of the adventurous narrator. Wrangel has since been, for many years, the governor- general of Russian America, and is now an admiral in the service of his country. 1819.] OCCURRENCES AT THE SANDWICH ISLANDS. 329 conduct, and the condition of all classes of the population of those countries was materially benefited. The death of Baranof ren- dered the introduction of these reforms less difficult ; and the superintendence of the colonies has ever since been committed to honorable and enlightened men, generally officers in the Russian navy, under whose direction the abuses formerly prevailing to so frightful an extent, have been gradually removed or abated.* About the same time, an event occurred, of great importance in the history of a country which is, no doubt, destined materially to influence the political condition of the north-western coasts and regions of America. Tamahamaha, king of all the Sandwich Islands, died in May, 1819, at the age of sixty-three, and was succeeded in power by his son, or reputed son, Riho Riho, or Tamahamaha Il.f Of the merits and demerits of Tamahamaha, it would be out of place here to speak at length. He was a chief of note at the time of the discovery of the islands by Cook, when his character had been already formed, and the seeds of much that was evil had been sown, and had taken firm root in his mind. No sooner, however, was he brought into contact with civilized men, than he began to learn, and, what was more difficult, to unlearn. His first objects were of a nature purely selfish. He sought power to gratify his ambition and his thirst for pleasure, but he used it, when obtained, for nobler ends ; and of all the sovereigns of the earth, his contemporaries, no one certainly attempted or eflfected as much, in proportion to his means, for the advancement of his people, as this barbarian chief of a little ocean island. Upon the death of Tamahamaha, great changes were effected in the affairs of the Sandwich Islands. The old king had resolutely maintained the religion of his forefathers, though he suppressed many of its horrible ceremonies and observances. Riho Riho, how- ever, soon after his accession, abolished that religion, and embraced the faith of the white men who came to his islands in great ships from distant countries. His principal chiefs, Boki and Krymakoo, (or Kalaimaku,) had been previously, in August, 1819, baptized and received into the bosom of the Roman Catholic church by the * Statische und ethnographische Nachrichten, obcr die Russischen Besitzungen an der NordwestkQste von Amerika — Statistical and ethnographical Notices concerning the Russian Possessions on the North-West Coasts of America — by Admiral von Wrangel, late governor-general of those countries, published at St. Petersburg, in 1839. t These names are now generally written Liho Liho and Kamehamaha. 42 3^0 CHRISTIANITY IN THE SANDWICH ISLANDS. [1819. chaplain of the French corvette L'Uranie, during her voyage around the world under Captain Freycinet; and, early in 1820, a vessel reached the islands from Boston, bringing a number of missionaries of the Presbyterian or Congregationalist sects, who have been established there ever since, and have exercised, as will be hereafter shown, a powerful and generally beneficial influence over the people and their rulers.* * The American missionaries, immediately on entering the Sandwich Islands, began the study of the language through which their instructions were to be con- veyed. This language they found to be the same throughout the group ; but, as considerable differences existed in its pronunciation in different islands, they selected the most pure, or the most generally used, of the dialects, in which they formed a vocabulary, employing English letters to represent the sounds, but wisely confining each letter to the expression of a fixed sound. The History of the American Board of Commissioners for Foreign Missions, which may be considered as official authority on all matters connected with the missions in the Sandwich Islands, contains, at p. 112, the following clear and concise view of the system of orthography thus adopted : — " The Hawaian [Owyheean] alphabet contains twelve letters only. It has five vowels — a, sounded as a m father ; e, as a in hate; i, as ee in feet; o, as o in pole ; and u, as oo in boot ; and seven consonants — h, k, I, m, n, p., and lo, sounded as in English. The long English sound of i is represented by oi, as in Lahaina, where the second syllable is accented, and pronounced like the English word high. The second syllable, wai, of Hawaii, the name of the largest of the islands, is pronounced like the first syllable of the English name IVijman ; and, giving the letters the usual English sounds, it might be spelled Ha-wij-ee. The first syllable should be pro- nounced very slightly, and a strong accent placed on the second. The sound of oio (in cow) is represented by au ; as, Maui, pronounced Moio-ee. The natives do not distinguish the sounds o? k and t from each other, but call the same island sometimes Kaui and Taui, without perceiving the difference. In the same way, d, I, and r, are confounded, and the same place is called indifferently Hido, Hilo, or Hiro. The same occurs in respect to w and v. In fact, these interchangeable consonants are very slightly and indistinctly uttered, so that a foreigner is at a loss to know which the speaker intends to use." Agreeably to this system, the missionaries have published a translation of the Bible, and many other books, in the language of the Sandwich Islands. It is, how- ever, much to be regretted that they and their friends, from whom nearly all the in- formation is now received respecting that part of the world, should think proper to apply their orthography exclusively, not only to the names of places and per- sons which have recently gained notoriety, but likewise to those with which every one has become familiar through the journals of Cook and Vancouver. Names are, indeed, not written uniformly in the journals here mentioned ; but the differences are in general slight, far less than between any one of the old names and that assigned to the same object in the new system : and the best informed men, who have not studied that system thoroughly, will scarcely be able to discover that the Ilavaii of the missionaries is Owyhee; that Keilakakua is the Karakakooa rendered sacred as the scene of Cook's death ; and that Kaumalii and Kamehamcha are no others than their old acquaintances, Tamoree and Tamahamaha, under new titles. What would be thought of an English history of Germany, in which places and persons appeared only under their German names — in which Vienna should be written IVien; Moravia, Maehren; Bohemia, Boehmen ; Francis, Franz; Charles, Karl; &c. .-' 331 CHAPTER XVI. 1820 TO 1828. Bill reported by a Committee of the House of Representatives of the United States, for the Occupation of tlie Columbia River — Ukase of the Emperor of Russia, with Regard to the North Pacific Coasts — Negotiations between the Governments of Great Britain, Russia, and the United States — Conventions between the United States and Russia, and between Great Britain and Russia — Further Negotiations between the United States and Great Britain relative to the North-West Coasts — Indefinite Extension of the Arrangement for the joint Occupancy of the Territories west of the Rocky Mountains, by the British and the Americans. Before 1820, little, if any thing, relative to the countries west of the Rocky Mountains had been said in the Congress rf the United States ; and those countries had excited very little interest among the citizens of the federal republic in general. In December of that year, however, immediately after the ratifica- tion of the Florida treaty by Spain, a resolution was passed by the House of Representatives in Congress, on the motion of Mr. Floyd, of Virginia — "that an inquiry should be made, as to the situation of the settlements on the Pacific Ocean, and as to the expediency of occupying the Columbia River." The committee to which this resolution was referred, presented, in January following, a long report, containing a sketch of the history of colonization in Amer- ica, with an account of the fur trade in the northern and north- western sections of the continent, and a description of the country claimed by the United States ; from all which are drawn the con- clusions, — that the whole territory of America bordering upon the Pacific, from the 41st degree of latitude to the 53d, if not to the 60th, belongs of right to the United States, in virtue of the purchase of Louisiana from France, in 1803, of the acquisition of the titles of Spain by the Florida treaty, and of the discoveries and settlements of American citizens ; — that the trade of this territory in furs and other articles, and the fisheries on its coasts, might be rendered highly productive ; and — that these advantages might be secured to citizens of the United States exclusively, by establishing " small trading guards" on the most north-eastern point of the Missouri, 339 RUSSIAN UKASE. [1822. and at the mouth of the Columbia, and by favoring emigration to the country west of the R,ocky Mountains, not only from the United States, but also from China. To this report the com- mittee appended " a bill for the occupation of the Columbia, and the regulation of the trade with the Indians in the territories of the United States." Without making any remarks upon the char- acter of this report, it may be observed, that the terms of the bill are directly at variance with the provisions of the third article of the convention of October, 1818, between the United States and Great Britain ; as the Columbia could not possibly be free and open to the vessels, citizens, and subjects, of both nations, if it were occupied by either. The bill was suffered to lie on the table of the House during the remainder of the session : in the ensuing year, it was again brought before Congress, and an estimate was obtained, from the navy commissioners, of the expense of transporting cannon, ammu- nition, and stores, by sea, to the mouth of the Columbia ; but no further notice was taken of the subject until the winter of 1823. Measures had, in the mean time, been adopted by the Russian government, with regard to the north-west coasts of America, which strongly excited the attention of both the other powers claiming dominion in that quarter. Soon after the renewal of the charter of the Russian American Company, a ukase, or imperial decree, was issued at St. Petersburg, by which the whole west coast of America, north of the 51st par- allel, and the whole east coast of Asia, north of the latitude of 45 degrees 50 minutes, with all the adjacent and intervening islands, were declared to belong exclusively to Russia ; and foreigners were prohibited, under heavy penalties, from approaching within a hundred miles of any of those coasts, except in cases of extreme necessity.* This decree was officially communicated to the government of the United States in February, 1822, by the Chevalier de Poletica, Russian minister at Washington, between whom and Mr. J. Q, Adams, the American secretary of state, a correspondence imme- diately took place on the subject. Mr. Adams, in his first note, simply made known the surprise of the president at the assertion of a claim, on the part of Russia, to so large a portion of the west * The ukase, dated September 4th, 1821, and the correspondence betweep the Russian and American governments with regard to it, may be found at length among the documents accompanying President Monroe's message to Congress, of April 17th, 1822. 1822.] DISCUSSION OF THE RUSSIAN CLAIMS. 333 coasts of America, and at the promulgation, by that power, of rules of restriction so deeply affecting the rights of the United States and their citizens ; and he desired to know whether the minister was authorized to give explanations of the grounds of the right claimed, upon principles generally recognized by the laws and usages of nations. To this M. Poletica replied by a long letter, containing a sketch — generally erroneous — of the discoveries of his countrymen on the north-west coasts of America, which extended, according to his idea, southward as far as the 49th parallel of latitude. He de- fended the assumption of the 51st parallel as the southern limit of the possessions of his sovereign, upon the ground that this line was midway between the mouth of the Columbia, where the citizens of the United States had made an establishment, and the Russian settlement of Sitka ; and he finally maintained that his government would be justifiable in exercising the rights of sovereignty over the ivhole of the Pacific north of the said parallel, inasmuch as that sec- tion of the sea was bounded on both sides by Russian territories, and was thus, in fact, a close sea. The secretary of state, in return, asserted that, " from the period of the existence of the United States as an independent nation, their vessels had freely navigated those seas ; and the right to navigate them was a part of that inde- pendence, as also the right of their citizens to trade, even in arms and munitions of war, with the aboriginal natives of the north- west coast of America, who were not under the territorial jurisdic- tion of other nations." He denied in toto the claim of the Russians to any part of America south of the 55th degree of latitude, on the ground that this parallel was declared, in the charter* of the Russian American Company, to be the southern limit of the dis- * The first article of the charter or privilege granted by the emperor Paul to the Russian American Company, on the 8th of July, 1799, is as follows : — " In virtue of the discovery, by Russian navigators, of a part of the coast of America in the north-east, beginning from the 55th degree of latitude, and of chains of islands extending from Kamtchatka, northward towards America, and southward towards Japan, Russia has acquired the right of possessing those lands; and ihe said company is authorized to enjoy all the advantages of industry, and all the establishments, upon the said coast of America, in the north-east, from the 55th degree of latitude to Bering's Strait, and beyond it, as also upon the Aleutian and Kurile Islands, and the others, situated in the eastern Arctic Ocean." By the second article, — " The company may make new discoveries, not only north, but also south, of the said 55th parallel of latitude, and may occupy and bring under the dominion of Rus- sia all territories thus discovered, observing the rule, that such territories should not have been previously occupied and placed under subjection by another nation." 334 EXTRAVAGANT PRETENSIONS OF RUSSIA. [1822. coveries of the Russians in 1799 ; since which period they had made no discoveries or estabhshments south of the said Hne, on the coast now claimed by them. With regard to the suggestion that the Russian government might justly exercise sovereignty over the Pacific Ocean as a close sea, because it claims territories both on the Asiatic and the American shores, Mr. Adams merely observed, that the distance between those shores, on the parallel of 51 degrees north, is four thousand miles ; and he concluded by expressing the persuasion of the president that the citizens of the United States would remain unmolested in the prosecution of their lawful com- merce, and that no effect would be given to a prohibition manifestly incompatible with their rights. The Russian minister plenipotentiary, a few days after the receipt of Mr. Adams's last communication, sent another note, supporting the rights of his sovereign, in which he advanced " the authentic fact, that, in 1789, the Spanish packet St. Charles, commanded by Captain Haro, found, in the latitude of forty-eight and forty-nine degrees, Russian establishments, to the number of eight, consisting, in the whole, of twenty families, and four hundred and sixty-two individuals, who were the descendants of the companions of Cap- tain Tchirikof, supposed until then to have perished." Respecting this ^^ authentic fact, ''^ it has been shown, in the account* already given of the Spanish voyage to which the ChevaUer Poletica refers, that Martinez and Haro did find eight Russian establishments on the North Pacific coast of America in 1788, but that they were all situated in the latitudes oi fifty-eight and fifty-nine degrees, and that the persons inhabiting them had all been, a short time previous, transported thither, from Kamtchatka and the Aleutian Islands, by Schelikof, the founder of the Russian American Company. The minister doubtless derived his information from the introduction to the journal of Marchand's voyage ; but he neglected to read the note appended to that account, in which the error is explained. The prohibitory regulation of the Russian emperor, and the correspondence relating to it, were immediately submitted to the Congress of the United States ; and, in the ensuing year, a nego- tiation was commenced at St. Petersburg, the object of which was to settle amicably and definitively the limits of the territories on the north-west side of America, claimed by the two nations re- spectively, and the terms upon which their navigation and trade in the North Pacific were in future to be conducted. A negotiation, • See p. 186. 1823.] DECLARATION OF PRESIDENT MONROE. 335 for similar purposes, was, at the same time, in progress at St. Peters- burg, between the governments of Russia and Great Britain ; the latter power having formally protested against the claims and princi- ples advanced in the ukase of 1821, immediately on its appearance, and subsequently, during the session of the congress of European sovereigns at Verona.* Under these circumstances, a desire was felt, on the part of the government of the United States, that a joint convention should be concluded between tlie three nations having claims to territories on the north-west side of America; and the envoys of the republic at London and St. Petersburg were severally instructed to propose a stipulation to the effect that no settlement should, during the next ten years, be made, in those territories, by Russians south of the latitude of 55 degrees, by citizens of the United States north of the latitude of 51 degrees, or by British subjects south of the 51st or north of the 55th parallels. This proposition for a joint convention was not accepted by either of the governments to which it was addressed ; the principal ground of the refusal by each being the declaration made by Presi- dent Monroe in his message to Congress, at the commencement of the session of 1823, that — in the discussions and arrangements then going on with respect to the north-west coasts — '" the occasion had been judged proper for asserting, as a principle in which the rights and interests of the United States are involved, that the American continents, by the free and independent condition ivhich they have assumed and maintain, are henceforth not to be considered as subjects for colonization by any European power ^ f Against this declaration, * Debate in Parliament on the inquiry made by Sir James Mackintosh on this subject, May 21, 1823. t The message of December 2d, 1823, containing this declaration, also announced the resolution of the United States to view " as the manifestation of an unfriendly disposition" towards themselves any attempt, on the part of a European power, to oppress or control the destiny of any of the independent states of America. This noble resolution was taken upon the assurance that the United States would, if ne- cessary, be sustained in enforcing it by Great Britain, without whose cooperation it would have been ineffective, certainly as to the prevention of the attempts. The circumstances which induced the American government thus, at the same time, openly to offer a blow at the only nation on whose assistance it could depend, in case the anticipated attempts should be made by the despotic powers of Europe, have not been disclosed. That it is the true policy of the United States, by all lawful means, to resist the extension of European dominion in America, and to confine its limits, and abridge its duration, wherever it may actually exist, is a proposition which no arguments are required to demonstrate, either to American citizens or to European sovereigns; but this proclamation, by the government of the United States, of its intention to pursue those ends, could have no other effect than to delay the attainment of them, as it has evidently done. 336 RECOMMENDATIONS OF GENERAL JESUP. [1823. which — however just and politic might have been the principle announced — was unquestionably imprudent, or at least premature, the British and the Russian governments severally protested ; and as there were many other points on which it was not probable that the three powers could agree, it was determined that the negotia- tions should be continued, as they had been commenced, separately at London and at St. Petersburg. Another publication, equally impolitic on the part of the Ameri- can government, soon after contributed to render more difficult the settlement of the question of boundaries on the Pacific between the ' United States and Great Britain. A select committee, appointed by the House of Representatives of the United States, in December, 1823, with instructions to inquire into the expediency of occupying the mouth of the Columbia, requested General Thomas S. Jesup, the quartermaster-general of the army, to communicate his opinions respecting the propriety of the measure proposed, as well as its practicability and the best method of executing it; in answer to which that officer sent, on the 16th of February, 1824, a letter containing an exposition of his views of the true policy of the United States with regard to the north-west coasts and territories of America, and of the means by which they might be carried into effect. Leaving aside the question as to the rights of the United States, he considered the possession and military command of the Columbia and of the Upper Missouri necessary for the protection, not only of the fur trade, but also of the whole western frontier of the republic, which is every where in contact with numerous, powerful, and warlike tribes of savages : and, for this purpose, he recommended the immediate despatch of two hundred men across the continent to the mouth of the Columbia, while two merchant vessels should transport thither the cannon, ammunition, materials, and stores, requisite for the first establish- ment ; after which, four or five intermediate posts should be formed at points between Council Bluffs, on the Missouri, (the most western spot then occupied by American troops,) and the Pacific. By such means, says the letter, " present protection would be afforded to our traders, and, on the expiration of the privilege granted to British subjects to trade on the waters of the Columbia, we should be enabled to remove them from our territory, and to secure the whole trade to our own citizens." The report of tiie committee, with the letter from General Jesup annexed, was ordered to lie on the table of the House, and nothing 1824.] NEGOTIATION AT LONDON. 337 more was done on the subject during that session ; the papers, however, were both published, and they immediately attracted the attention of the British ministry. In a conference held at London, in July following, between the American envoy, Mr. Rush, and the British commissioners, Messrs. Huskisson and Stratford Canning, the latter gentlemen commented upon the observations of General Jesup, particularly upon those respecting the removal of British traders from the territories of the Columbia, which, they said, " were calculated to put Great Britain especially upon her guard, appear- ing, as they did, at a moment when a friendly negotiation was pending between the two powers for the adjustment of their relative and conflicting claims to that entire district of country." It is moreover certain, from the accounts of Mr. Rush, as well as from those given subsequently by Mr. Gallatin, that the publication of General Jesup's letter, and the declaration in President Monroe's message against the establishment of European colonies in America, rendered the British government much less disposed to any con- cession, with regard to the north-west territories, than it would otherwise have been ; and there is reason to believe, from many circumstances, that they tended materially to produce a union of views, approaching to a league, between that power and Russia, which has proved very disadvantageous to the interests of the United States on the North Pacific coasts. The negotiation respecting the north-west coasts of America, commenced at London in April, 1824, was not long continued ; the parties being so entirely at variance with regard to facts as well as principles, that the impossibility of eflecting any new arrange- ment soon became evident. Mr. Rush,* the American plenipoten- tiary, began by claiming for the United States the exclusive pos- session and sovereignty of the whole country west of the Rocky Mountains, from the 42d degree of latitude, at least as far north as the 51st, between which parallels all the waters of the Columbia were then supposed to be included. In support of this claim, he cited, as in 1818, the facts — of the first discovery of the Columbia by Gray — of the first exploration of that river from its sources to the sea by Lewis and Clarke — of the first settlement on its banks by the Pacific Fur Company, " a settlement which was reduced by the arms of the British during the late war, but was formally sur- * Letter from Mr. Rush to the secretary of state, of August 12th, 1824, among the documents accompanjing President Adams's message to Congress of January 31st, 1826. 43 338 CLAIMS OF THE U. STATES AND OF GREAT BRITAIN. [1824. rendered up to the United States at the return of peace," and — of the transfer by Spain to the United States of all her titles to those territories, founded upon the well-known discoveries of her navi- gators ; and he insisted, agreeably to express instructions from his government, " that no part of the American continent was thence- forth to be open to colonization from Europe." In explanation and defence of this declaration, Mr. Rush " referred to the principles settled by the Nootka Sound convention of 1790, and remarked, that Spain had now lost all her exclusive colonial rights, recognized under that convention : first, by the fact of the independence of the South American states and of Mexico ; and next, by her express renunciation of all her rights, of whatever kind, above the 42d degree of north latitude, to the United States. Those new states would themselves now possess the rights incident to their condition of political independence ; and the claims of the United States above the 42d parallel as high up as 60 degrees — claims as well in their own right as by succession to the title of Spain — would henceforth necessarily preclude other nations from forming colonial establishments upon any part of the American continents." Messrs. Huskisson and Canning, in reply, denied that the circumstance of a merchant vessel of the United States having penetrated the north-west coast of America at the Columbia River, could give to the United States a claim along that coast, both north and south of the river, over territories which, they insisted, had been previously discovered by Great Britain herself, in expe- ditions fitted out under the authority and with the resources of the nation. They declared that British subjects had formed settle- ments upon the Columbia, or upon rivers flowing into it west of the Rocky Mountains, coe al with, if not prior to, the settlement made by American citizens at its mouth ; and that the surrender of that settlement after the late war was in fulfilment of the treaty of Ghent, and did not affect the question of right in any way. They treated as false or doubtful the accounts of many of xhe Spanish voyages in the Pacific ; alleging, as more authentic, the narrative of Drake's expedition, from which it appeared that he had, in 1579, explored the west coast of America to the 4Sth parallel of latitude, five or six degrees farther north than the Spaniards them- selves pretended to have advanced before that period : and they refused to admit that any title could be derived from the mere fact of Spanish navigators having first seen the coast at particular spots, even when this was capable of being fully substantiated. Finally, 1824.] PROPOSITIONS FOR PARTITION. 339 they assured Mr. Rush that their government would never assent to the claim set forth hy him respecting the territory watered by the Columbia River and its tributaries, which, besides being essentially objectionable in its general bearings, had also the elTect of inter- fering directly with the actual rights of Great Britain, derived from use, occupancy, and settlement ; asserting, at the same time, that " they considered the unoccupied parts of America just as much open as heretofore to colonization by Great Britain, as well as by other European powers, agreeably to the convention of 1790, between the British and Spanish governments, and that the United States would have no right to take umbrage at the establishment of new colonies from Europe, in any such parts of the American continent." * After much discussion on these points, Mr. Rush presented a proposal from his government, that any country west of the Rocky Mountains, which might be claimed by the United States, or by Great Britain, should be free and open to the citizens or subjects of both nations for ten years from the date of the agreement : Provided, that, during this period, no settlements were to be made by British subjects north of the 55th or south of the 51st degrees of latitude, nor by American citizens north of the latter parallel. To this proposal, which Mr. Rush afterwards varied by substituting the 49th parallel of latitude for the 51st, Messrs. Huskisson and Canning replied by a counter proposal, to the effect, that the boundary between the territories of the two nations, beyond the Rocky Mountains, should pass from those mountains westward along the 49th parallel of latitude, to the north-easternmost branch of the Columbia River, called Macgillivray's River on the maps, and thence down the middle of the stream, to the Pacific ; the British possessing the country north and west of such line, and the United States that which lay south and east of it : Provided, that the subjects or citizens of both nations should be equally at liberty, during the .space of ten years from the date of the agreement, to pass by land or by water through all the territories on both sides of tlic boundary, and to retain and use their establishments already formed in any part of them. The British plenipotentiaries at the same time declared that this their proposal was one from which * Protocol of the twelfth conference between the plenipotentiaries, held June 26th, 1824, among the documents annexed to President Adams's message to Congress of January 31st, 1826. 340 PROPOSITIONS FOR PARTITION. [1824. Great Britain would certainly not depart ; and, as all prospect of compromise was thus destroyed, the negotiation ended. In this discussion between the United States and Great Britain, upon the subject of their respective claims to the sovereignty of the countries west of the Rocky Mountains, the grounds of those claims were first made to assume a form somewhat definite ; and this may be considered as principally due to the labor and pene- tration of Mr. Rush, who seems to have been the first to inquire carefully into the facts of the case. The introduction by him of the Nootka convention, as an element in the controversy, was according to express instructions from his government.* It appears to have been wholly unnecessary, and was certainly impolitic. No allusion had been made to that arrangement in any of the previous discus- sions with regard to the north-west coasts, and it was doubtless considered extinct ; but when it was thus brought forward by the American government in connection with the declaration against European colonization, as a settlement of general principles with regard to those coasts, an argument was afforded in favor of the subsistence of the convention, of which the British government did not fail to take advantage, as will be hereafter shown. * " The principles settled by the Nootka Sound convention of 28th October, 1790, were — " ' 1st. That the rights of fishing in tlie South Seas; of trading with the natives of the north-west coast of America; and of making settlements on the coast itself, for the purposes of that trade, north of the actual settlements of Spain, were common to all the European nations, and, of course, to the United States. " '2d. That, so far as the actual settlements of Spain had extended, she possessed the exclusive rights territorial, and of navigation and fishery ; extending to the dis- tance of ten miles from the coast so actually occupied. " ' 3d. That, on the coasts of South Jlmerica, and the adjacent islands south of the parts already occupied by Spain, no settlement should thereafter be made either by British or Spanish subjects; but, on both sides, should be retained the liberty of land- ing and of erecting temporary buildings for the purposes of the fishery. These rights were, also, of course, enjoyed by the people of the United States. " ' The exclusive rights of Spain to any part of the American continents have ceased. That portion of the convention, therefore, which recognizes the exclusive colonial rights of Spain on these continents, though confirmed, as between Great Britain and Spain, by the first additional article to the treaty of the 5th of July, 1814, has been extinguished by the fact of the independence of the South American nations and of Mexico. Those independent nations will possess the rights incident to that condition, and their territories will, of course, be subject to no exclusive right of nav- igation in their vicinity, or of access to them, by any foreign nation. " ' A necessary consequence of this state of things will be, that the American con- tinents, henceforth, will no longer be subject to colonization. Occupied by civilized, independent nations, they will be accessible to Europeans, and each other, on that 1824.] CONVENTION BETWEEN THE U. STATES AND RUSSIA. 341 In the mean time, the negotiation between the United States and Russia was terminated by a convention, signed at St. Petersburg, on the 5th of April, 1824, containing five articles: by the first of which, it is agreed that the respective citizens or subjects of the two nations shall not be disturbed or restrained in navigating or in fishing in any part of the Pacific Ocean, or in the power of resort- ing to the coasts upon points which may not already have been occupied, for the purpose of trading with the natives; saving, always, the restrictions and conditions determined by the following articles, to wit: by the second article, the citizens of the United States shall not resort to any point on the nortli-west coasts of America, where there is a Russian establishment, without the permission of the governor or commandant of the place, and vice versa : by the third article, neither tiie United States nor their citizens shall, in future, form any establishment on those coasts, or the adjacent islands, north of the latitude of 54 degrees 40 minutes, and the Russians shall make none south of that latitude. " It is, nevertheless, understood," says the fourth article, " that during a term of ten years, counting from the signature of the present con- vention, the ships of both powers, or which belong to their citizens or subjects respectively, may reciprocally frequent, without any hinderance whatever, the interior seas, gulfs, harbors, and creeks, upon the coast mentioned in the preceding article, for the purpose footing alone ; and the Pacific Ocean, in every part of it, will remain open to the navigation of all nations, in like manner with the Atlantic.'" — Instructions of the Hon. J. Q. Adams, secretary of state of the United States, to Rlr. Rush, dated July 22d, 1823, among the documents accompanying President Adams's messao-e to Con- gress of January 31st, 1826. With regard to the portion of these instructions here extracted, the reader is re- ferred to the convention of 17L(0 itself, and to the remarks on it in pp. 213, 258, and 318, of this History, from which it will be seen that the convention, in all its stipula- tions, was simply an international agreement between Spain and Great Britain, bind- ing them and their subjects only until its expiration, which took place, in consequence of the war, in 1796, and applying in no respect, either as to advantages or restrictions, to any other nation whatsoever; and that, consequently, other nations had the same right to occupy the vacant coasts of America, and to navigate and fish in the adjacent seas, within ten leagues, (the distance defined by the convention,) and even within ten miles, of the parts occupied by Spain, after, as before, the signature of that ao-ree- ment; and Spain had as much right, after, as before, that event, to prohibit them from so doing. If the Nootka convention were, as asserted by the secretary of state, a definitive settlement of general principles of national law respecting navigation and fishery in the seas, and trade and settlement on the coasts, here mentioned, it would be difficult to resist the pretensions of the British plenipotentiaries with regard to the territories west of the Rocky Mountains, as set forth in the statement (Proofs and Illustrations, letter H) presented by them to Mr. Gallatin in 1826. 342 TREATY BETWEEN RUSSIA AND GREAT BRITAIN. [1825. of fishing and trading with the natives of the country : " it being, however, stipulated by the remaining fifth article, that spirituous hquors, fire-arms, other arms, powder, and munitions of war, are always excepted from this same commerce permitted by the fourth article, and that, in case of contravention of this part of the agree- ment, the nation whose citizens or subjects may have committed the delinquency, shall alone have the right to punish them.* This convention does not appear to offer any grounds for dispute as to the construction of its stipulations, but is, on the contrary, clear and equally favorable to both nations. The rights of both parties to navigate every part of the Pacific, and to trade with the natives of any places on the coasts of that sea, not already occupied, are first distinctly acknowledged ; after which it is agreed, in order to pre- vent future difficulties, that each should submit to certain limitations as to navigation, trade, and settlement, on the north-west coasts of America, either perpetually or during a fixed period. Neither party claimed, directly or by inference, the immediate sovereignty of any spot on the American coasts not occupied by its citizens or sub- jects, or acknowledged the right of the other to the possession of any spot not so occupied ; the definitive regulation of limits being deferred until the establishments and other interests of the two nations in that quarter of the world should have acquired such a development as to render more precise stipulations necessary. The Russian government, however, construed this convention as giving to itself the absolute sovereignty of all the west coasts of America north of the parallel of 54 degrees 40 minutes, while deny- ing any such right on the part of the United States to the coasts extending southward from that line. In February, 1825, a treaty was concluded between Russia and Great Britain, relative to North- West America, containing provisions similar to those of the con- vention between R,ussia and the United States, expressed in nearly the same words, but also containing many other provisions, some of which are directly at variance with the evident sense of the last- mentioned agreement. Tiius it is established, by the treaty, that " the line of dcmarkation betiveen the jjossessions of the high contract- ing parties upon the coast of the continent, and the islands of America to the yiorth-ivcst,^' shall be drawn from the southernmost point of Prince of Wales's Island, in latitude of 54 degrees 40 * This convention will be found at length among the Proofs and Illustrationa, in the concluding part of this volume, under the letter K, No. 4. 1825.] TREATY BETWEEN GREAT BRITAIN AND RUSSIA. 343 minutes eastward, to the great inlet in the continent, called Port- land Channel, and along the middle of that inlet, to tiie 56tli /T degree of latitude, whence it shall follow the summit of the moun- "^ tains bordering the coast, within ten leagues, north-westward, to >;>^ Mount St. Elias, and thence north, in the course of the 141st ^ meridian west from Greenwich, to the Frozen Ocean ; " which *5 ^ line," says the treaty, " shall form the limit between the Russian je ^t and the British possessions in the continent of America to the north- -^ -v west ; " it being also agreed that the British should forever have ;: the right to navigate any streams flowing into the Pacific from the "^ interior, across the line of demarkation..* That this treaty virtually annulled the convention, of the pre- ceding year, between Russia and the United States, is evident ; for the convention rested entirely upon the assumption that the United States possessed the same right to the part of the American coast south of the parallel of 54 degrees 40 minutes, which Russia pos- sessed to the part north of that parallel : and the treaty distinctly ac- knowledged the former or southern division of the coast to be the property of Great Britain. It does not, however, appear that any representation on the subject was addressed by the American gov- ernment 10 that of Russia ; and the vessels of the United States continued to frequent all the unoccupied parts of the north-west coast, and to trade with the natives uninterruptedly, until 1834, when, as will be hereafter shown, they were formally prohibited, by the Russian authorities, from visiting any place on that coast north of the parallel of 54 degrees 40 minutes, on the ground that their right to do so had expired, agreeably to the convention of 1824. In December, 1824, President Monroe, in his last annual mes- sage to Congress, recommended the estabhshment of a military post at the mouth of the Columbia, or at some other point within the acknowledged limits of the United States, in order to afford pro- tection to their commerce and fisiieries in the Pacific, to conciliate the Indians of the north-west, and to promote the intercourse be- * See Proofs and Illustrations, at the end of this volume, under tlie letter K, No. 5. Some curious particulars relative to the negotiation which led to this treaty may be found in the Political Life of the Hon. George Canning, by A. G. Stapleton, chap, xiv. Mr. Canning, it seems, was anxious for the conclusion of a joint convention between Great Britain, the United States, and Russia, as regards the freedom of navigation of the Pacific, until the appearance of the declaration in the message of President Monroe above mentioned, after which he determined only to treat with each of the other parties separately. 344 MOVEMENTS IN CONGRESS. [1824. tween those territories and the settled portions of the republic ; to effect which object, he advised that appropriations should be made for the despatch of a frigate, with engineers, to explore the mouth of the Columbia and the adjacent shores. The same measures were, in the following year, also recommended by Presi- dent Adams, among the various plans for the advantage of the United States and of the world in general, to which he requested the attention of Congress, in his message, at the commencement of the session. In compliance with this recommendation, a com- mittee was appointed by the House of Representatives, the chairman of which, Mr. Baylies, of Massachusetts, presented two reports,* containing numerous details with respect to — the history of discove- ry and trade in North- West America, — the geography, soil, climate, productions, and inhabitants, of the portion claimed by the United States, — the number and value of the furs procured there, — the expenses of surveying the coasts and of forming military establish- ments for its occupation, and many other matters relating to that part of the world; in consideration whereof, the committee intro- duced a bill for the immediate execution of the measures proposed by the president. This bill was laid on the table of the House, and the subject was not again agitated in Congress until 1828.' Meanwhile, the period of ten years, during which the countries claimed by the United States or by Great Britain, west of the Rocky Mountains, were, agreeably to the convention of 1818, to remain free and open to the citizens or subjects of both nations, was draw- ing to a close ; and a strong desire was manifested, on the part of the American government, that some definitive arrangement with regard to those countries should be concluded between the two powers, before the expiration of the term. The British secretary for foreign affairs also signified that his government was prepared to enter into a new discussion of the question at issue ; and a nego- tiation with these objects was accordingly commenced between Mr. Gallatin, the minister plenipotentiary of the United States at London, and Messrs. Addington and Huskisson, commissioners on the part of Great Britain. Before relating the particulars of this negotiation, it should be observed that the relative positions of the two parties, as to the occupancy and actual possession of the countries in question, had been materially changed since the conclusion of the former conven- * Dated severally January 16th, and May 15th, 1826. 1826.] BRITISH IN qUIET POSSESSION OF THE COLU»IBIA. (yqrD tion between them. The union of the rival British companies, and the extension of the jurisdiction of the courts of Upper Canada over the territories west of the Rocky Mountains, had already proved most advantageous to the Hudson's Bay Company, which had at the same time received the privilege of trading in that territory, to the exclusion of all other British subjects. Great efforts were made, and vast expenses were incurred, by this company, in its efforts to found settlements on the Columbia River, and to acquire influence over the natives of the surrounding country ; and so successful had been those efforts, that the citizens of the United States were obliged, not only to renounce all ideas of renewing their estab- lishments in that part of America, but even to withdraw their vessels from its coasts. Indeed, for more than ten years after the capture of Astoria by the British, scarcely a single American citizen was to be seen in those countries. Trading expeditions were sub- sequently made from Missouri to the head-waters of the Platte and the Colorado, within the limits of California, and one or two hundred hunters and trappers, from the United States, were gen- erally roving through that region ; but the Americans had no settlements of any kind, and their government exercised no juris- diction whatsoever west of the Rocky Mountains, Under such favorable circumstances, the Hudson's Bay Company could not fail to prosper. Its resources were no longer wasted in disputes with rivals ; its operations were conducted with despatch and certainty ; its posts were extended, and its means of communi- cation increased, under the assurance that the honor of the British government and nation was thereby more strongly interested in its behalf. The agents of the company were seen in every part of the continent, north and north-west of the United States and Canada, from the Atlantic to the Pacific, hunting, trapping, and trading with the aborigines ; its boats were met on every stream and lake, conveying British goods into the interior, or furs to the great deposi- tories on each ocean, for shipment to England in British vessels ; and the utmost order and regularity were maintained throughout by the supremacy of British laws. Of the trading posts, many were fortified, and could be defended by their inmates — men inured to hardships and dangers — against all attacks which might be appre- hended ; and the whole vast expanse of territory above described, including the regions drained by the Columbia, was, in fact, occu- pied by British forces, and governed by British laws, though there 44 346 NEGOTIATION AT LONDON. [1826. was not a single British soldier — technically speaking — within its limits. Considering this state of things, and also the characters of the two nations engaged in the controversy and of their governments, it may readily be supposed that many and great obstacles would exist in the way of a definitive and amicable arrangement of the questions at issue, between the Americans ever solicitous with respect to territory which they have any reason to regard as their own, and the British with whom the acquisition and security of commercial advantages always form a paramount object of policy. To the difficulties occasioned by the conflict of such material interests, in this particular case, were added those arising from the pride of the parties, and their mutual jealousy, which seems ever to render them adverse to any settlement of a disputed point, even though it should be manifestly advantageous to them both. In the first conference,* the British commissioners declared that their government was still ready to abide by the proposition made to Mr. Rush, in 1824, for a line of separation between the territories of the two nations, drawn from the Rocky Mountains, along the 49th parallel of latitude to the north-easternmost branch of the Columbia, and thence down that river to the sea ; giving to Great Britain all the territories north, and to the United States all south, of that line. Mr. Gallatin, in reply, agreeably to instructions from his government, repeated the offer made by himself and Mr. Rush, in 1818, for the adoption of the 49th parallel as the line of separa- tion from the Rocky Mountains to the Pacific, with the additional provisions, — that, if the said line should cross any of the branches of the Columbia at points from which they are navigable by boats to the main stream, the navigation of such branches, and of the main stream, should be perpetually free and common to the people of both nations — that the citizens or subjects of neither party should thenceforward make any settlements in the territories of the other ; but that all settlements already formed by the people of either nation within the limits of the other, might be occupied and used by them for ten years, and no longer, during which all the remaining provisions of the existing convention should continue in force. The British refused to accede to this or any other plan of partition which should deprive them of the northern bank of the * President Adams's message to Congress of December 28th, 1827, and the ac- companying documents. 1826.] NEGOTIATION SUSPENDED. 347 Columbia, and the right of navigating that river to and from the sea ; though they expressed their willingness to yield to the United States, in addition to what they first offered, a detached territory, extending, on the Pacific and the Strait of Fuca, from Bulfinch's Harbor to Hood's Canal, and to stipulate that no works should at any time be erected at the mouth or on the banks of the Columbia, calculated to impede the free navigation of that river, by either party. The Americans, however, being equally determined not to give up their title to any part of the country south of the 49th par- allel, all expectation of effecting a definitive disposition of the claims was abandoned. The plenipotentiaries then directed their attention to the sub- ject of a renewal of the arrangement for the use and occupancy of the territories in question by the people of both nations. With this view, the British proposed that the existing arrangement should be renewed according to the terms of the third article of the convention of October 20th, 1818, for fifteen years from the date of the expiration of that convention ; with the addi- tional provisions, however, that, during those fifteen years, neither power should assume or exercise any right of exclusive sovereignty or dominion over any part of the territory ; and that no settlement then made, or which might thereafter be made, by either nation in those countries, should ever be adduced in support of any claim to such sovereignty or dominion. This proposition was re- ceived by Mr. Gallatin for reference to his government, although he sav/ at once that the additional provisions were inadmissible ; and the negotiation was, in consequence, suspended for some months. During this first period of the negotiation, the claims and pre- tensions of the two nations respecting the countries in question, were developed and discussed more fully than on any previous occasion, not only in the conferences between the plenipotentiaries, but also in written statements,* formally presented on each side. As nearly * The statement of the British commissioners is presented entire in the Proofs and Illustrations, under the letter H, in order that no doubt may subsist as to the nature of the claims of Great Britain, and of the evidence and arguments by which they are supported. As a state paper, it will, perhaps, be found unworthy of the nation on whose part it was produced, and of at least one of the persons from whom it pro- ceeded ; many will regret to see appended to it the name of William Huskisson, and to learn that it received the approval of George Canning. The counter-statement of Mr. Gallatin, a most able document, is omitted only be- cause its insertion would have too much increased the bulk of the volume. 348 CLAIMS OF THE UNITED STATES. [1826. every point touched by either of the parties has been already ex- amined minutely in the foregoing pages, it only remains now to recapitulate them, and to add some remarks, which could not have been conveniently introduced at an earlier period. Mr. Gallatin claimed for the United States the possession of the territory west of the Rocky Mountains, between the 42d and the 49th parallels of latitude, on the grounds of — The acquisition by the United States of the titles of France through the Louisiana treaty, and the tides of Spain through the Florida treaty ; The discovery of the mouth of the Columbia, the first explora- tion of the countries through which that river flows, and the estab- lishment of the first posts and settlements in those countries by American citizens ; The virtual recognition of the title of the United States, by the British government, in the restitution, agreeably to the first article of the treaty of Ghent, of the post near the mouth of the Columbia, which had been taken during the war ; And, lastly, upon the ground of contiguity, which should give the United States a stronger right to those territories than could be advanced by any other power — a doctrine always maintained by Great Britain, from the period of her earliest attempts at coloniza- tion in America, as clearly proved by her charters, in which the whole breadth of the continent, between certain parallels of lati- tude, was granted to colonies established only at points on the borders of the Atlantic* Messrs. Huskisson and Addington, on the other hand, declared that Great Britain claims no exclusive sovereignty over any portion of the territory on the Pacific between the 42d and the 49th paral- lels of latitude ; her present claim, not in respect to any part, but to the whole, being limited to a right of joint occupancy, in com- mon with other states, leaving the right of exclusive dominion in abeyance. They then proceeded to examine the grounds of the claims of the United States, none of which they admitted to be * " If," says Mr. Gallatin, "some trading factories on the shores of Hudson's Bay- have been considered by Great Britain as giving an exclusive right of occupancy as far as the Rocky Mountains ; if the infant settlements on the more southern Atlantic shores justified a claim thence to the South Seas, and which was actually enforced to the Mississippi, — that of the millions already within reach of those seas cannot con- sistently be rejected." This argument, it may be added, has been since constantly increasing in force. 1826.] CLAIMS OF GREAT BRITAIN. 349 valid, except that acquired from Spain, through the Florida treaty, in 1819 ; and the right thus acquired they pronounced to be nothing more than the right secured to Spain, in common with Great Brit- ain, by the Nootka convention, in 1790, to trade and settle in any part of those countries, and to navigate their waters. Dismissing the claims of Spain, on the grounds of discovery, prior to 1790, as futile and visionary, and inferior to those of Great Britain on the same grounds, they maintained that all arguments and pretensions of either of those powers, whether resting on discovery or on any other consideration, were definitively set at rest by the Nootka convention, after the signature of which, the title was no longer to be traced in vague discoveries, several of them admitted to be apocryphal, but in the text and stipulations of that convention itself ; and that, as the Nootka convention applied to all parts of the north-west coast of America not occupied, in 1790, by either of the parties, it of course included any portion of Louisiana which might then have extended, on the Pacific, north of the northern- most Spanish settlement, and which could not, therefore, be claimed by the United States, in virtue of the treaty for the cession of Lou- isiana to that republic, in 1803. Having assumed this ground, it was scarcely necessary for the British plenipotentiaries to go further into the examination of the titles of the United States ; and they probably acted on this suppo- sition, as it is otherwise impossible to account for the gross mis- statements with regard to the discoveries of the Americans, the extravagant and unfounded assumptions, and the illogical deduc- tions, in the document presented by them to Mr. Gallatin, on the part of their government. Thus, with regard to the discovery of the mouth of the Columbia, they insisted that " Mr. Mcares, a lieu- tenant in the royal navy, who had been sent by the East India Company on a trading expedition to the north-west coasts of America," really effected that discovery four years before Gray is even pretended to have entered the river ; * though they indeed admitted that " Mr. Gray, finding himself in the bay formed by the discharge of the waters of the Columbia into the Pacific, was the first to ascertain that this hay formed the outlet of a great river, a discovery which had escaped Lieutenant Meares " when he entered the same bay ; but that, even supposing the priority of Gray's dis- covery to be proved, it was of no consequence in the case, as the * See p. 177. 350 CLAIMS OF GREAT BPaTAIN. [1826. country in which it was made " falls within the provisions of the convention of 1790." They refused to allow that the claims of the United States are strengthened by the exploration of the country through which the Columbia flows, as performed in 1805-6 by Lewis and Clarke, " because, if not before, at least in the same and subsequent years," the agents of the North- West Company had established posts on the northern branch of the river, and were extending them down to its mouth, when they heard of the forma- tion of the American post at that place in 1811.* That the restora- tion of Astoria, in 1818, conveyed a virtual acknowledgment by Great Britain of the title of the United States to the country in which that post is situated, was also denied, on the ground that letters protesting against such title were, at the time of the restora- tion, addressed; by members of the British ministry, to British agents in the United States and on the Columbia.f It is needless to add any thing to what has been already said on these points, in order to prove the entire groundlessness of the assertions contained in the British statement with regard to them. The charters granted by the sovereigns of Great Britain and France, conveying to individuals or companies large tracts of terri- tory in America, were represented, by the British plenipotentiaries, as being nothing "more, in fact, than a cession to the grantee or grantees of whatever rights the grantor might suppose himself to possess, to the exclusion of other subjects of the same nation, — binding and restraining those only who were within the jurisdic- tion of the grantor, and of no force or validity against the subjects of other states, until recognized by treaty, and thereby becoming a part of international law." The erroneousness of these views is obvious, and was easily demonstrated by Mr. Gallatin, who showed, by reference to the history of British colonization and dominion in America, that the royal grantors of territories in that continent did consider their charters as binding on all, whether their own subjects or not, and with regard to countries first discovered and settled by people of other nations, whenever they were found to be within the limits thus indicated. These facts were cited, not in vindication of the justice of those grants, but merely to prove in what light they had been regarded by Great Britain : and, if the principle thus assumed by that power, and maintained from 1580 to 1782, as relating to Atlantic colonies, were correct, she could not * See p. 297. t See p. 310. 1826.] DETERMINATIONS OF GREAT BRITAIN. 351 deny its application to the United States, now the owners of Lou- isiana.* The British plenipotentiaries were, however, clear and explicit as to the intentions of their government, which were declared, at the conclusion of their statement, in terms of moderation and forbear- ance truly edifying. Great Britain, they assert, claims, at present, nothing more than the rights of trade, navigation, and settlement, in the part of the world under consideration, agreeably to the pro- visions of the Nootka convention, the basis of the law of nations with regard to those territories and waters, under the protection of which many important British interests have grown up ; and she admits that the United States have tlie same rights, but none other, although they have been exercised only in one instance, and not at all since 1813. In the territory between the 42d and the 49th parallels of latitude, are many British posts and settlements, for the trade and supply of which, the free navigation of the Columbia, to and from the sea, is indispensable ; the United States possess not a single post or settlement of any kind in that whole region. Great Britain, nevertheless, for the sake of peace and good under- standing, agrees to submit to a definitive partition of that territory, giving to the United States the whole division south of the Co- lumbia, and a large tract containing an excellent harbor, north of that river ; and, the United States having declined to accede to this proposition, it only remains for Great Britain to maintain and up- * " This construction does not appear either to have been that intended at the time by the grantors, or to have governed the subsequent conduct of Great Britain. By excepting from the grants, as was generally the case, such lands as were already oc- cupied by the subjects of other civilized nations, it was clearly implied that no other exception was contemplated, and that the grants were intended to include all unoccu- pied lands within their respective boundaries, to the exclusion of all other persons or nations whatsoever. In point of fact, the whole country drained by the several rivers emptying into the Atlantic Ocean, the mouths of which were witliin those charters, has, from Hudson's Bay to Florida, and, it is believed, without exception, been occu- pied and held by virtue of those charters. Not only has this principle been fully confirmed, but it has been notoriously enforced much beyond the sources of the rivers on which the settlements were formed. The priority of the French settlements on the rivers flowing westwardly from the Alleghany Mountains into the Mississippi was altogether disregarded ; and the rights of the Atlantic colonies to extend beyond those mountains, as growing out of the contiguity of territory, and as asserted in the earliest charters, was effectually and successfully enforced." The American minister might also have cited the charters granted to the Virginia Company by King James I., in 1609 and 1611, in virtue of which, the Dutch settle- ments on the Hudson River, in a country first discovered, explored, and occupied, under the flag of the United Provinces, were, in 1664, — forty years after the disso- lution of the company, — during peace between the two nations, seized by British forces, as being included in the territories conceded to that company. 352 BRITISH PROPOSITIONS REJECTED. [1827. hold the quahfied rights which she now possesses over the whole of the territory in question. " To the interests which British industry and enterprise have created Great Britain owes protection. That protection will be given, both as regards settlement and freedom of trade and navigation, with every attention not to infringe the coordinate rights of the United States ; it being the earnest desire of the British government, so long as the joint occupancy con- tinues, to regulate its own obligations by the same rule which governs the obligations of any other occupying party." Thus, in 1826, the British government based its claims, with regard to the territories west of the Rocky Mountains, entirely on the Nootka convention of 1790, and the acts of occupation by its subjects under that agreement ; the abrogation of which, by the war between the parties, in 1796, — ten years before a single spot in those territo- ries had been occupied by a British subject, — has been already so fully demonstrated,* that any further observations would be super- fluous. The proposition of the British plenipotentiaries, with regard to the renewal of the existing arrangement for ten years, was rejected by the president of the United States,! on the grounds — that, so far as it would tend to prevent the Americans from exercising exclusive sovereignty at the mouth of the Columbia River, it would be con- trary to their rights, as acknowledged by the treaty of Ghent, and by the restitution of the place agreeably to that treaty ; — that the proposed additional provisions do not define, but leave open to disputation, the acts which might be deemed an exercise of exclu- sive sovereignty ; — and that, from the nature of the institutions of the United States, their rights in the territory in question must be protected, and their citizens must be secured in their lawful pursuits, by some species of government, different from that which it has been, or may be, the pleasure of Great Britain to establish there. Mr. Gallatin, on the 24th of May, 1827, communicated to the British commissioners the fact of the rejection of their proposition, and the reasons for it, declaring, at the same time, formally, in obedience to special instructions, that his government did not hold itself bound hereafter in consequence of any proposal which it had made for a line of separation between the territories of the two nations beyond the .Rocky Mountains ; but woidd consider itself at liberty to contend for the full extent of the claims of the United States. * See the examinations of this question, at pp. 213, 257, and 318. t Letter of February 24th, 1827, from the Hon. Henry Clay to Mr. Gallatin. 1827.] NEGOTIATION AT LONDON RESUMED. 353 The British plenipotentiaries, having entered on the protocol of the conferences a declaration with regard to the previous claims and propositions of their government, similar to that made on the part of the United States by Mr. Gallatin, then intimated their readiness to agree to a simple renewal of the terms of the existing arrangement, for ten years from the date of the expiration of the convention of 1818; provided, however, that, in so doing, they should append to the new convention, in some way, a declara- tion of what they considered to be its true intent, namely, — that hoth parties loerc restricted, during its continuance in force, from exercising, or assuming to themselves the right to exercise, any exclu- sive sovereignty or jurisdiction over the territories mentioned in the agreement. The objections to this arrangement were nearly as strong as to that which had already been proposed and refused ; Mr. Gallatin, however, desired to know what species of acts the British would consider as an exercise of exclusive sovereignty or jurisdiction. In reply, he was informed tiiat Great Britain would not complain of the extension, over tiie regions west of the Rocky ]\Iountains, of the jurisdiction of any territory, having for its eastern boundary a line within the acknowledged boundaries of the United States ; provided — that no custom-house should be erected, nor any duties or charges on tonnage, merchandise, or commerce, be raised, by either party, in the country west of the Rocky Mountains — that the citizens or subjects of the two powers residing in or resorting to those countries, should be amenable only to the juris- diction of their own nation respectively — and that no military post should be established by either party in those countries ; or, at least, no such post as would command the navigation of the Columbia or any of its branches. To the first of these conditions, Mr. Gallatin saw no strong reason to object. With regard to the second, he considered it indispensable that the respective jurisdiction of the courts of justice should be determined by positive compact, as it would scarcely be possible otherwise to prevent collisions ; and upon the third condition, he believed it would be very difficult to arrive at a correct under- standing, as the British government wouki not admit the posts of the Hu'tson's Bay Company to be military establishments. On all these points, the two governments might afterwards negotiate ; but the American minister refused to assent to any declaration or explanation whatsoever respecting the terms under which the terri- tories in question were to remain open to the people of the two 45 354 RENEWAL OF THE CONVENTION OF 1818. [1827. countries ; and the British were equally resolved not to agree to a renewal of the engagement for a fixed period of time, without such a declaration. Finally, on the 6th of August, 1827, a convention was signed by the plenipotentiaries, to the effect, that the provisions of the third article of the convention of October 20th, 1818, — rendering all the territories claimed by Great Britain or hy the United States, west of the Rocky Mountains, free and open to the citizens or subjects of both nations for ten years, — should be further extended for an indefinite period ; either party being, however, at liberty to annul and abrogate the agreement, on giving a year's notice of its intention to the other.* This convention was submitted to the Senate of the United States in the following winter, and, having been approved by that body, it was immediately ratified. In relating the circumstances connected with the adoption of the convention of October, 1818, the opinion was expressed, that it was perhaps the most wise, as well as most just, arrangement which could then have been made ; and this renewal of the arrangement for an indefinite period, leaving each of the parties at liberty to abrogate it, after a reasonable notice to the other, appears to merit the same commendation. No unworthy concession was made, no loss of dignity or right was sustained, on either side ; and to break the amicable and mutually profitable relations, then subsisting between the two countries, on a question oL mere title to the pos- session of territories from which neither could derive any immediate benefit of consequence, would have been impolitic and unrighteous. The advantages of the convention were, in 1827, as in 1818, nearly equal to both nations ; but the difference was, on the whole, in favor of the United States. The British might, indeed, derive more profit from the fur trade as carried on by their organized Hudson's Bay Company, than the Americans could expect to obtain by the individual efforts of their citizens ; but the value of that trade is much less than is generally supposed : no settlements could be formed in the territory beyond the Rocky Mountains, by which it could acquire a population, while the arrangement subsisted ; and the facilities for occupying the territory at a future period, when its occupation by the United States should become expedient, would undoubtedly have increased in a far greater ratio on their part than on that of Great Britain. For the difficulties which must arise " Proofs and Illustrations, letter I, No. 6. 1829.] PROCEEDINGS IN CONGRESS. 355 whenever the convention is abrogated, even agreeably to the man- ner therein stipulated, it became, of course, the duty of each government to provide in time. In the session of Congress following that in which the new con- vention with Great Britain had been approved, the subject of the occupation of the mouth of the Columbia River was again discussed ; and, after a long series of debates, in which the most eminent mem- bers of the House of Representatives took part, a bill was reported, whereby the president was authorized to cause the territory west of the Rocky Mountains to be explored, and forts and garrisons to be established in any proper places, between the parallels of 42 degrees and 54 degrees 40 minutes ; and also to extend the juris- diction of the United States over those countries, as regards citizens of the Union. The adoption of these measures was urged, on the ground that it was the duty of the government to make good, by occupation, the right of the United States, which was pronounced unquestionable, lest, by neglect, the country should fall irrevocably into the possession of another power, which had unjustly contested that right : and, as inducements to pursue this course, pictures most flattering were presented of the soil, climate, and productions, of the regions watered by the Columbia, and of the various advantages which would be secured to the citizens of the Union engaged in the trade of the Pacific Ocean, by the settlement of those coasts. The bill was opposed, as infringing the convention recently concluded with Great Britain ; in addition to which, it was contended, that, were all opposition on the part of that or other ])owers removed, and the right of the United States established and universally recognized, the occupation of the countries in question in the manner proposed, would be useless, from their extreme barrenness, from the dangers to navigation presented by their coasts, and from the difficulty of communicating with them either by sea or by land ; and such occupation mii^ht be injurious, as citizens of the United States would be thus induced to settle in those countries, and their government would find itself bound to protect and maintain them, at great expense, without a commensurate advancement of the pub- lic good. In the course of the debates, several amendments were proposed to the bill, but it was finally rejected on the 9th of January, 1829; and, for many years afterwards, very little atten- tion was bestowed, by any branch of the government of the United States, to matters connected with the territories west of the Rocky Mountains. 356 CHAPTER XVII. 1823 TO 1844 Few Citizens of the United States in the Countries west of the Rocky Mountains between 1813 and 1823 — Trading Expeditions of Ashley, Sublette, Smith, Pilcher, Pattie, Bonneville, and Wyeth — Missionaries from the United States form Estab- lishments on the Columbia — First Printing Press set up in Oregon — Opposi- tion of the Hudson's Bay Company to the Americans; how exerted — Contro- versy between the United States and Russia — Dispute between the Hudson's Bay and the Russian American Companies; how terminated — California; Cap- ture of Monterey by Commodore Jones — The Sandwich Islands; Proceedings of the Missionaries; Expulsion of the Catholic Priests, and their Reinstatement by a French Force — The Sandwich Islands temporarily occupied by the British. It has already been said, that, during the ten years immediately following the dissolution of the Pacific Fur Company, and the seizure of its establishments on the Columbia by the British, few, if any, citizens of the United States entered the countries west of the Rocky Mountains ; although, within that period, the facilities for communication between those countries and the settled portions of the American Union had been increased by the introduction of steam vessels on the Mississippi and its tributary rivers. Nearly all the trade of the regions of the Upper Mississippi and the Missouri was then carried on by the old North American Fur Company, at the head of which Mr. Astor still remained ; and by another association, called the Columbia Fur Company, formed in 1822, composed principally of persons who had been in the service of the North-West Company, and were dissatisfied with their new masters. The Columbia Company established several posts on the upper waters of the Mississippi, the Missouri, and the Yellowstone, which were, however, transferred to the North American Company, on the junction of the two bodies in 1826. The Americans had also begun to trade with the northernmost provinces of Mexico, before the overthrow of the Spanish authority in that country ; after which event, large caravans passed regularly, in each summer, between St. Louis and Santa Fe, the capital of New Mexico, on the head- waters of the River Bravo del Norte. 1826.] TRADING EXPEDITIONS OF ASHLEY. 357 The first attempt to reestablish commercial communications between the United States and the territories west of the Rocky Mountains, was made by W. H. Ashley, of St. Louis, who had been, for some time previous, engaged in the fur trade of the Missouri and Yellowstone countries. He quitted the state of Missouri in the spring of 1823, at the head of a large party of men, with horses carrying merchandise and baggage, and proceeded up the Platte River, to the sources of its northern branch, called the Sweet Water, which had not been previously explored. These sources were found to be situated in a remarkable valley, or cleft, in the Rocky Moun- tains, in the latitude of 42 degrees 20 minutes ; and immediately beyond them were discovered those of another stream, flowing south-westward, called by the Indians SidsJcadee, and by the Americans Green River, which proved to be one of the head- waters of the Colorado of California. In the country about these streams, which had not then been frequented by the British traders, Mr. Ashley passed the summer, with his men, employed in trap- ping, and in bartering goods for skins with the natives ; and, before the end of the year, he brought back to St. Louis a large and valu- able stock of furs. In 1824, Mr. Ashley made another expedition up the Platte, and through the cleft in the mountains, which has since been gen- erally called the Southern Pass ; and then, advancing farther west, he reached a great collection of salt water called the Utah Lake, (probably the Lake Timpanogos, or Lake Tegayo, of the old Spanish maps,) which lies imbosomed among lofty mountains, between the 40th and the 42d parallels of latitude. Near this lake, on the south-east, he found another and smaller one, to which he gave his own name ; and there he built a fort, or trading post, in which he left about a hundred men, when he returned to Missouri in the autumn. Two years afterwards, a six-pound cannon was drawn from Mis- souri to this fort, a distance of more than twelve hundred miles ; and, in 1828, many wagons, heavily laden, performed the same journey. During the three years between 1824 and 1827, the men left by Mr. Ashley in the country beyond the Rocky Mountains collected and sent to St. Louis furs to the value of more than one hundred and eighty thousand dollars ; this enterprising man then retired from the trade, and sold all his interests and establishments to the Rocky Mountain Company, at the head of which were Messrs. Smith, Jackson, and Sublette, persons not less energetic and determined. 358 TRADING EXPEDITION OF PILCHER. [1828. These traders carried on for*many years an extensive and profit- able business, in the course of which they traversed every part of the country about the southern branch of the Columbia, and nearly the whole of continental California. Unfortunately, how- ever, they made no astronomical observations, and, being unac- quainted with any branch of physical science, very little information has been derived through their means. Smith, after twice crossing the continent to the Pacific, was murdered, in the summer of 1829, by the Indians north-west of the Utah Lake. These active proceedings of the Missouri fur traders roused the spirit of the North American Company, which also extended its operations beyond the Rocky Mountains, though no establishments were formed by its agents in those countries ; and many expeditions were made, in the same direction, by independent parties, of whose adventures, narratives, more or less exact and interesting, have been published. In 1827, Mr. Pilcher went from Council Bluffs, on the Missouri, with forty-five men, and more than a hundred horses ; and, having crossed the great dividing chain of mountains by the South- ern Pass, he spent the winter on the Colorado. In the following year, he proceeded to tiie Lewis River, and thence, northwardly, along the foot of the Rocky Mountains, on their western side, to the Flathead Lake, near the 47th degree of latitude, which he describes as a beautiful sheet of water, formed by the expansion of the Clarke River, in a rich and extensive valley, surrounded by high mountains. There he remained until the spring of 1829, when he descended the Clarke to Fort Colville, an estabhshment then recently formed by the Hudson's Bay Company, on the northern branch of the Columbia, at its falls ; and thence he returned to the United States, through the long and circuitous route of the Upper Columbia, the Athabasca, the Assinaboin, Red River, and the Upper Missouri. The countries thus traversed by Mr. Pilcher have all become comparatively well known from the accounts of subsequent travellers ; but very little information had been given to the world respecting them before the publication of his concise narrative.* The account of the rambles of J. O. Pattie, a Missouri fur trader, through New Mexico, Chihuahua, Sonora, and California, published in 1832, throws some light on the geography of parts of those countries of which little can as yet be learned from any other source. During his peregrinations, Pattie several times crossed the great dividing chain of mountains between New Mexico on the * Published with President Jackson's message to Congress, January 23d, 1829. 1834.] PLANS OF WYETH FOR THE OREGON TRADE. 359 east, and Sonora and California on ^le west, and descended and ascended the Colorado, and its principal tributaries, which he de- scribes as being navigable by boats for considerable distances. He also made trips across Sonora to the Californian Gulf, and across California to the Pacific, as well as through the ISIexican provinces on the coasts of that ocean, where he suffered imprisonment and many other hardships from the tyranny of the authorities. In 1832, Captain Bonneville, of the army of the United States, while on furlough, led a band of more than a hundred men, with twenty wagons, and many horses and mules, carrying merchandise from Missouri to the countries of the Colorado and the Columbia, in which he passed more than two years, engaged in hunting, trap- ping, and trading.* About the same time. Captain Wyeth, of Massachusetts, en- deavored to establish a regular system of commercial intercourse between the states of the Union and the countries of the Columbia, to which latter the general name of OREGON tlien began to be universally applied in the United States. His plan, like that devised by Mr. Astor in 1810, was to send manufactured goods to the Pacific countries, and from thence to transport to the United States, and even to China, not only furs, but also the salmon which abound in the rivers of North- Western America. With these objects, he made two expeditions over land to the Columbia, in the latter of which he founded a trading post, called Fort Hall, on the south side of the Snake or Lewis branch of that river, at the entrance of the Portneuf, about a hundred miles north of the Utah Lake ; and he then established another post, principally for fishing purposes, on Wappatoo Island, near the conlluence of the Willamet River witii the Columbia, a hundred miles above the mouth of the latter. This scheme, however, failed entirely. The Hudson's Bay Com- pany's agents immediately took the alarm, and founded a counter establishment, called Fort Boise, at the entrance of the Boise or Read's River into the Lewis, some distance below Fort Hall, where they offered goods to the Indians at prices much lower than those which the Americans could afford to take ; and Wyeth, being thus driven out of the market, was forced to compromise with his op- ponents, by selling his fort to them, and engaging to desist from the * Tlio narrative of this expedition, written from the notes of Captain Bonneville, by Washington Irving, in the vein, half serious, lialf jocose, of Fray Agapida's Chronicle, contains some curious, though generally overcharged, pictures of lite among the hunters, trappers, traders, Indians, and grisly bears, of the Rocky Moun- tains ; but it adds very little to our knowledge of the geography of those -°"-;nns. 360 AMERICAN TRADERS IN CALIFORNIA. [1834. fur trade. Meanwhile, a b^j^, which he had despatched from Boston, with a cargo of goods, arrived at Wappatoo Island, where she, after some further arrangements with the Hudson's Bay Com- pany, took in a cargo of salted salmon, for the United States. She reached Boston in safety ; but the results of her voyage were not such as to encourage perseverance in the enterprise, which was thereupon abandoned.* The American traders, being excluded by these and other means from the Columbia countries, confined themselves almost entirely to the regions about the head-waters of the Colorado and the Utah Lake, where they formed one or two small establishments ; though they sometimes extended their rambles westward to the Sacramento, the Bay of San Francisco, and Monterey, where they were viewed with dislike and mistrust by the Mexican authorities. The number of citizens of the United States thus employed in the country west of the Rocky Mountains seldom, if ever, exceeded two hundred : during the greater part of the year, they roved through the wilds, in search of furs, which they carried, in the summer, to certain places of rendezvous on the Colorado, or on the Lewis, and there disposed of them to the traders from Missouri ; the whole business being conducted by barter, and without the use of money, though each article bore a nominal value, expressed in dollars and cents, very different from that assigned to it in the states of the Union.f About the time of Wyeth's expeditions also took place the ear- liest emigrations from the United States to the territories of the Columbia, for the purpose of settlement, and without any special commercial objects. The first of these colonies was founded, in 1834, in the valley of * Captain Wyeth's expeditions, though unprofitable to himself, have been rendered advantageous to the world at large; for his short memoir on the regions which he visited, printed with the report of the committee of the House of Representatives on the Oregon territory, in February, 1839, affords more exact and useful information, as to their general geography, climate, soil, and agricultural and commercial. capabilities, than any other work yet published. Wyeth's movements are also related incidentally in the account of Bonneville's adventures, and in the interesting Narrative of a Jour- ney across the Rocky Mountains, &c., by J. K. Townsend, a naturalist of Philadelphia, published in 1839. t Thus, among the prices current at the rendezvous on Green River, in the summer of 1838, we find whisky at three dollars per pint, gunpowder at six dollars per pint, tobacco at five dollars per poimd, dogs (for food) at fifteen dollars each, &c. Twenty dollars were frequently expended in rum and sugar, for a night's carouse, by two or three traders, after the conclusion of a bargain. Under such circumstances, it may bo supposed that the price of beaver and muskrat skins was proportionally raised ; and that a package, purchased for a hundred dollars on Green River, may have been afterwards sold with profit at St. Louis for twenty. 1836.] AMERICAN SETTLEMENTS IN OREGON. 361 the Willamet River, in which a few. retired servants of the Hud- son's Bay Company had already estabhshed themselves, by per- mission of that body, and were employed principally in herding cattle. The Americans, who settled there, were mostly Methodists, under the direction of ministers of their sect ; and colonies of Presbyterians or Congregational ists were afterwards planted in the Walla- Walla and Spokan countries. In all these places, schools for the education of the natives were opened, and, in 1839, a printing press was set up at Walla- Walla, on which were struck off the first sheets ever printed on the Pacific side of America north of Mexico. The Jesuits of St. Louis then engaged in the labor of converting the Indians, in which they appear, from their own accounts, to have met with extraordinary success ; but, according to the customs of that order, they did not attempt to form any settlements.* The attention of the government of the United States had been, in the mean time, directed to the north-west coasts, es- pecially by the recent refusal of the Russians to allow Amer- ican vessels to trade on the unoccupied parts north of the lat- itude of 54 degrees 40 minutes. This refusal was based on * The first body of American emigrants went by sea, under the direction of Messrs. Lee and Shepherd, Methodist ministers, who had already visited those countries ; and several other parties of persons of the same sect have since estab- lisiied themselves in the Willamet valley, and near the falls of the great river. The pioneer of the other Protestant sects was Mr. Samuel Parker, whose journal of his tour beyond the Rocky Mountains, though highly interesting and instructive, would have been much more so, had he confined himself to the results of his own experience, and not wandered into the regions of history, diplomacy, and cosmog- ony, in all of which he is evidently a stranger. Upon the recommendations of Mr. Parker, Messrs. Spaulding, Gray, and Whitman, were sent out by tlie Board of Mis- sions, in 1836 ; and they were followed, in 1838, by Messrs. Walker, Eels, and Smith, all of whom, with their wives, liave been since assiduously engaged in their benevo- lent pursuits among the Indians, chiefly those of the middle regions of Oregon. See the History of the American Board of Commissioners, published at Boston. Some accounts of the stale of these settlements in 1837 may be found in the report of Mr. W. Slacuni, who was commissioned by the American government to visit the Columbia countries in lliat year : this paper, however, which was published by order of the Senate of the United States in 1838, is so vague and inexact in its details, that it is, in most cases, calculated ratlier to confuse and mislead than to direct. The Jesuits De Smct, Mengarini, Point, and others, have, since 1840, made several missionary tours through the Columbia countries, in the course of which they baptized some thousands of Indians ; they also erected a church at a place near the KuUerspelm Lake, on Clarke's River, where the Blessed Virgin appeared in person to a little Indian boy, "whose youth, piety, and sincerity," say the good fathers, "joined to the nature of the fact which he related, forbade us to doubt the truth of his statement." — De SmeVs Letters, published at Philadelphia, in 1843, p. 192. 46 362 PROCEEDINGS OF THE RUSSIANS. [1838. the fact that the period of ten years, fixed by the fourth article of the convention of 1824 between the two nations, during which the vessels of both parties might frequent the bays, creeks, harbors, and other interior waters on the north-west coast, had expired : and the Russian government had chosen to consider that article as the only limitation of its right to exclude American vessels from all parts of the division of the coast on which the United States, by the convention, engaged to form no establishments ; disregarding entirely the first article of the same agreement, by which all unoc- cupied places on the north-west coast were declared free and open to the citizens or subjects of both nations. The government of the United States immediately protested against this exclusion ; and their plenipotentiaries at St. Petersburg have been instructed to demand its revocation.* To the reasons offered in support of * See President Van Buren's message to Congress of December 3d, 1838, and the accompanying documents. The letters of Messrs. Wilkins and Dallas, successively plenipotentiaries of the United States at St. Petersburg, relating the particulars of their negotiations with the Russian minister, will be found very interesting, from the luminous views of national rights presented in them. The instructions of Mr. For- syth, the American secretary of state, to Mr. Dallas, dated November 3d, 1837, are also especially worthy of attention. After repeating the cardinal rule as to the con-' struction of instruments, — that they should be so construed, if possible, as that every part may stand, — he proceeds to show that the fourth article of the convention of April, 1824, was to be understood as giving "permission to enter interior bays, &c., at the mouth of which there might be establishments, or the shores of wliich might be in part, but not wholly, occupied by such establishments ; thus providing for a case which would otherwise admit of doubt, as it would be questionable whether the bays, &c., described in it, belonged to the^rs^ or the second article. In no sense," continues Mr. Forsyth, " can it be understood as implying an acknowledgment, on the part of the United States, of the right of Russia to the possession of the coast above the latitude of 54 degrees 40 minutes north ; but it should be taken in con- nection with the other articles, which have, in fact, no reference whatever to the question of the right of possession of the unoccupied parts of the coast. In a spirit of compromise, and to prevent future collisions or difficulties, it was agreed that no new establishments should be formed by the respective parties north or south of a certain parallel of latitude, after the conclusion of the agreement; but the question of the right of possession beyond the existing establishments, as it subsisted previous to, or at the time of, the conclusion of the convention, was left untouched. The United States, in agreeing not to form new establishments north of the latitude of 54 degrees and 40 minutes, made no acknowledgment of the right of Russia to the possession of the territory above that line. If such admission had been made, Russia, by the same construction of the article referred to, must have acknowledged the right of the United Slates to the territory south of the line. But that Russia did not so understand the article, is conclusively proved by her having entered into a similar agreement in a subsequent treaty (1625) with Great Britain, and having, in fact, acknowledged in that instrument the right of possession of the same territory by Great Britain. The United States can only be considered as acknowledging the right of Russia to acquire, by actual occupation, a just claim to unoccupied lands above the latitude of 54 degrees 40 minutes north ; and even this is a mere matter 1833.] PROCEEDINns OF THE RUSSIANS. 363 this demand, the Russian minister of foreign affairs, Count Nessel- rode, did not attempt to ofter any reply, contenting himself simply with declaring that his sovereign was not inclined to renew the fourth article, as it afforded the Americans the opportunity of fur- nishing the natives on the coasts with spirituous liquors and fire-arms ; though no case was adduced in support of that assertion. Thus the matter rests ; the American traders being excluded from visiting any of the coasts of the Pacilic north of the parallel of 54 degrees 40 minutes, on the ground that those coasts are acknowledged by the United States to belong to Russia, whilst the latter power, by its treaty with Great Britain in 1825, directly denies any rights, on the part of the United States, to the coasts south of that parallel. The Russian government also refused the same privilege to British vessels after 1835, and moreover opposed by force the exercise of another privilege claimed by the British under the treaty of 1825, namely, that of navigating the rivers flowing from the interior of the continent to the Pacific across the line of boundary therein established. In 1834, the Hudson's Bay Company fitted out an expedition for the purpose of establishing a trading post on the large river Stikine, which enters the channel named by Vancouver Prince Frederick^ Sound, between the main land and one of the islands of the north-west archipelago claimed by Russia, in the latitude of 5G degrees 50 minutes. Baron Wrangel, the Russian governor- general, having, however, been informed of the project, erected a block-house and stationed a sloop of war at the mouth of the Stikine ; and, on the appearance of the vessel bringing the men and materials for the contemplated establishment, the British were warned not to attempt to pass into the river, and were forced to return to the south. AH appeals to the treaty were ineffectual, and the Hudson's Bay Company was obliged to desist from the prose- cution of the plan, after having, as asserted on its part, spent more than twenty thousand pounds in fitting out the expedition. of inference, as the convention of 1824 contains nothing more than a negation of the right of the United States to occupy new points within that limit. Admitting that this inference was in contemplation of the parties to the convention, it cannot follow tliat the United States ever intended to abandon the just right, acknowledged by the first article to belong to them, under the law of nations ; that is, to frequent any part of the unoccupied coast of North America, for the purpose of fishing or trading with the natives. All that the convention admits is, an inference of the right of Russia to acquire possession by settlement north of 54 degrees and 40 minutes north ; and, until that possession is taken, the first article of the convention acknowledges the right of the United States to fish and trade, as prior to its negotiation." 364 AGREEMENT BETWEEN THE BRITISH AND RUSSIANS. [1840. The British government immediately demanded satisfaction, from that of Russia, for this infraction of the treaty ; and, after some time spent in negotiation between the two powers, and between the two companies, it was agreed that the part of the continental coast extending from the parallel of 54 degrees 40 minutes, north- ward, to Cape Spenser, near the 58th degree, which was assigned to Russia by the treaty of 1825, should be leased, by the Russian American Company, to the Hudson's Bay Company, for ten years from the 1st of June, 1840, at an annual rent, to be paid in furs. The difficulty was thus ended, to the advantage of all parties ; the British gaining access to a long line of coast, without which the adjoining territories of the interior would have been useless, while the Russians derive a much greater amount from the rent than they could have otherwise drawn from the coast. The charter of the Russian American Company was renewed, in 1839, for twenty years, without any modifications worthy of note. The company was then in a prosperous condition ; its operations were daily extending, and the value of its stock was constantly increasing. The license, granted to the Hudson's Bay Company, in 1821, to trade, in exclusion of all other British subjects, in the countries owned or claimed by Great Britain, north and west of Canada and the United States, expired in 1840; but another license, containing some new and important provisions, had been accorded by the government, on the 30th of May, 1838.* Thus the company was bound, under heavy penalties, to enforce the due execution of crim- inal processes, by the officers and other persons legally empowered, in all its territories, and to make and submit to the government such rules and regulations, for the trade with the Indians, as should be effectual to promote their moral and religious improvement, and especially to prevent the sale and distribution of spirituous liquors among them. It is moreover declared, in the grant, that nothing therein contained should authorize the company to claim the right of trade in any part of America, to the prejudice or exclusion of the people of " any foreign states " who may be entitled to trade there, in virtue of conventions between such states and Great Britain ; and the government reserves to itself the right to establish any colony or province within the territories included in the grant, or to annex any portion of those territories to any existing colony or province, and to apply to such colony any form of civil govern- * See both the licenses in the Proofs and llhistrations, letter I. 1822.] CALIFORNIA SUBJECT TO MEXICO. 365 ment, independent of the Hudson's Bay Company, which might be deemed proper. Whether this last provision was introduced with some special and immediate object, or with a view to future contin- gencies, no means have as yet been afforded for determining. The British government, however, insisted strongly on retaining the above-mentioned privileges ; and it is most probable that the Columbia countries were in view at the time, as the remainder of the territory included in the grant, and not possessed by the company in virtue of the charter of 1669, is of little value in any way. In California, few events worthy of note occurred during the whole period of fifty years, from the first establishment of Spanish colonies and garrisons on the west coasts of that country, to the termination of the revolutionary struggle between Spain and Mex- ico. Before the commencement of the disturbances, the missions were, to a certain extent, fostered by the Spanish government, and supplies of money and goods were sent to them, with regularity, from Acapulco and San Bias ; but, after the revolution broke out, these remittances were reduced, the missionaries lost their influence over the natives, and the establishments fell into decay. Upon the overthrow of the Spanish power, in 1822, California was divided politically into two territories, of which the peninsula formed one, called Lower CaJifornia ; the other, or Upper California, embracing the whole of the continental portion. By the constitution of 1824, each of these territories became entitled to send one member to the National Congress ; and, by subsequent decrees, all the adult Indians, who could be considered as civilized or capable of reasoning, (gejite de razon,) were freed from submission to their former pastors, had lands assigned to them, and were declared citizens of the republic. These seeming boons were, however, accompanied by the with- drawal of nearly all the allowances previously made for the estab- lishments, and by the imposition of taxes and duties on all imports, including those from Mexico. The authority of the missionaries thus dwindled away, and those who had been long in the country either returned to Mexico or Spain, or escaped to other lands : the cultivation of the mission farms was abandoned, and the Indians, freed from restraint, relapsed into barbarism, or sunk into the lowest state of indolence and vice. Whilst the number of civilized Indians in California was by these measures diminished, the white population was at the same time somewhat increased. Immediately after, and indeed before, the 366 CALIFORNIA SUBJECT TO MEXICO. [1828. overthrow of the Spanish authority in that country, its ports became the resort of foreigners, especially of the whalers and traders of the United States, who offered coarse manufactured articles and groceries in exchange for provisions, and for the hides and tallow of the wild cattle abounding in the country. This trade was at first carried on in the same irregular manner as the fur trade with the Indians on the coasts farther north ; as it increased, however, it became more systematized, and mercantile houses were estab- lished in the principal ports. The majority of the merchants were foreigners, English, French, or Americans : in their train came shop and tavern-keepers, and artisans, from various countries ; and to these were added deserting seamen and stragglers from the Missouri and the Columbia. This state of things was by no means satisfactory to the Mexican government ; and orders were given to the commandant-general of Upper California to enforce the laws prohibiting foreigners from entering or residing in the Mexican territories without special per- mission from the authorities. Agreeably to these orders, a number of American citizens were, in 1828, seized at San Diego, and kept in confinement until 1830, when an insurrection broke out, headed by a General Solis, wiiich they were instrumental in subduing; and, in consideration of their services, they were allowed to quit the country. The trading expeditions of Ashley and Smith, of which accounts have been already presented, at the same time gave great uneasiness to the Mexican government, and were made the subjects of formal complaints to that of the United States. These circumstances, with others of the same nature then occur- ring in Texas, served to delay the conclusion of treaties of limits, and of amity, commerce, and navigation, between the United States and Mexico ; which were, however, at length signed and ratified, so as to become effective in 1832. By the treaty of limits, the line of boundary from the Gulf of Mexico to the Pacific, which was settled between the United States and Spain in 1819, was adopted as separating the territories of the United States on the north from those of Mexico on the south ; and the latter power accordingly claims as its own the whole territory west of the great dividing chain of mountains, as far north as the 42d parallel of latitude. The Mexican government likewise endeavored to prevent the evils anticipated from the presence of so many foreigners in Cali- fornia, by founding new colonies of its own citizens in that country. Criminals were to be transported thither ; but although many were 1837.] , REVOLUTION TN CALIFORNIA. 367 thus sentenced, few, if any, ever reached the place of their desti- nation. A number of persons, of various trades and professions, were also sent out from Mexico in 1834, to be located on the lands of the missions in CaUfornia ; but, ere they reached those places, the administration by which the scheme was devised, had been overthrown, and the new authorities, entertaining different views, ordered the settlers to he driven back to their native land. These new authorities — that is to say. General Santa Anna and his partisans — determined to remodel the constitution, under which Mexico had been governed, as a federal republic, since 1824. What other form was to have been introduced in its stead, is not known ; for, in the spring of 1836, at the moment when the change was about to be made, Santa Anna was defeated and taken prisoner by the Texans at San Jacinto, Those who succeeded to the helm being, however, no less averse to the federal system, it was abolished in the latter part of the same year, and a constitution was adopted, by which the powers of government were placed almost entirely in the hands of the general congress and executive, all state rights being destroyed. This central system was opposed in many parts of the republic, and nowhere more strenuously than in California, where the people rose in a body, expelled the Mexican officers, and declared that their country should remain independent until the federal constitution were restored. The general government, on receiving the news of these proceedings, issued strong proclamations against the insurgents, and ordered an expedition to be prepared for the purpose of reestablishing its authority in the revolted territory ; but General Urrea, to whom the execution of this order was committed, soon after declared in favor of the fed- eralists, and the Californians were allowed to govern themselves as they chose for some months, at the end of which, in July, 1837, their patriotic enthusiasm subsided, and they voluntarily swore alle- giance to the new constitution. Since that time, the quiet course of things in California has, so far as known, been disturbed by only one occurrence worthy of being mentioned ; namely, the capture and temporary occupation of Monterey by the naval forces of the United States, under Commo- dore T. A. C. Jones, of which the following brief account will suffice. This officer, while cruising on the South American coast of the Pa- cific, received information which led him to believe that Mexico had, agreeably to a menace shortly before uttered by her government^ declared war against the United States ; and, being determined 368 CAPTURE OF MONTEREY BY THE AMERICANS. [184'2. to strike a blow at the supposed enemy, he sailed, with his frigate, the United States, and the sloop of war Cyane, to Monterey, where he arrived on the 19th of October, 1842. Having disposed his vessels in front of the little town, he sent an officer ashore, to demand the surrender " of the castle, posts, and military places, with all troops, arms, and munitions of war of every class," in default of which, the sacrifice of human life and the horrors of war would be the immediate consequence. The commandant of the place, astounded by such a demand, made in a time of profound peace, summoned his officers to a council, in which it was decided that no defence could be made : he therefore sub- mitted without delay, and the flag of the United States replaced that of Mexico over all the public edifices ; the fortifications were garri- soned by American soldiers, and the commodore issued a proclama- tion to the Californians, inviting them to submit to the government of the federal republic, which would protect and insure to them the undisturbed exercise of their religion, and all other privileges of freemen. Scarcely, however, was this proclamation sent forth, ere the commodore received advices which convinced him that he had been in error, and that the peace between his country and Mexico remained unbroken ; he had, therefore, only to restore the place to its former possessors, and to retire with all his forces to his siiips, which was done on the 2 1st of the month, twenty-four hours after the surrender. Thus ended an affair, the eflfects of which have been unfortunately to increase the irritation already existing in Mexico against the United States, and to render less easy the adjustment of the diflferences between the two nations. The armed force in Cali- fornia has since been considerably augmented ; but it is evident that all the efforts of Mexico would be unavailing to retain those distant possessions, in the event of a war with a powerful maritime state. In the Sandwich Islands, a complete change has taken place since the death of Tamahamaha. His son and successor, Riho Riho, died, in 1824, in London, whither he had gone, with his queen, to visit his brother sovereign of Great Britain ; and he was himself succeeded by Kauikeaouli, another reputed son of the great Tamahamaha, who now fills the throne, under the name of Kame- hamalia III. These changes were all advantageous to the mission- aries from the United States, many of whom were domiciliated in the islands ; particularly after the conversion of Krymakoo, or Billy Pitt, the old prime minister, and of Kaahumanu, the widow of the great Tamahamaha, who, after passing half a century in the con- 1834.] MISSIONARIES IN THE SANDWICH ISLANDS. 369 stant practice of the most beastly sensuality, embraced Christianity in her old age, and became a zealous and efficient protector of its professors.* Boki, the brother of Krymakoo, a powerful chief, who had accompanied Riho Riho to England, and, on his return, endeavored to obtain the sovereignty of the islands, proved very refractory and annoying to the missionaries, alternately cooperating with them, or setting them at defiance, according to the dic- tates of his ambition .f After the death of Rilio Rilio, Kaahumanu, first, and then Kinau one of the widows of the late king, conducted the government as regents, until 1834, when tiie young sovereign threw oft' all restraints, and, taking the reins into his own hands, determined to enjoy life like other legitimate princes. Feasting and dancing in the old style were again seen in the palace ; drinking shops were opened, distilleries were set up, and other ancient immoralities reappeared, under the immediate patronage of the court. But the church had become a part of the state. The chiefs were all nomi- nally Christians ; the missionaries exerted themselves to stem the torrent, and they succeeded. The king was obliged to yield ; the shops and distilleries were successively closed, and order and decency resumed their reign. The ill success of this attempt, on the part of the king, to free himself from the trammels imposed by the missionaries, of course increased their power ; which they exerted with energy, and gen- * Krymakoo died in 1825, and Kaaliumanu in 1832; the exemplary manner in which they took leave of the pomps and vanities of life is minutely described in the History of the American Board of Commissioners for Foreign Missions, pp. 175 and 230. t Boki, having been disappointed in his hopes of attaining the sovereignty of his country, sailed, in 1829, with a number of followers, in two vessels, in search of some new islands covered with sandal-wood, which were said to have been dis- covered in the south-west. One of the vessels returned to Woahoo ; of the other, in which Boki commanded in person, nothing has been since heard, except some rumors that she was blown up. The London Quarterly Review for March, 1827, contains a letter purporting to have been written by Boki, at Woahoo, to a friend in London, expressing consider- able dissatisfaction with the conduct of the American missionaries, which has given those worthy persons much uneasiness, and has caused them to expend much more of virtuous indignation and serious argument, in refuting the charges, than it deserved. The letter is an exquisite morceau of orthography and stylo, and should find a place in the Comic Almanac. See the History of the American Board of Commissioners for Foreign Missions, p. 176, and Mr. C. S. Stewart's narrative of his residence in the Sandwich Islands, p. 342. The latter work will amply repay the reader for the time which he may devote to it ; not only from the informa- tion afforded respecting the islands, but also as exhibiting, in the most interesting manner, the workings of a pure and enthusiastic mind. 47 37*6 CATHOLIC PRIESTS IN THE SANDWICH ISLANDS. [1838. erally with discretion, for the benefit of the community. They employed every means to keep the chiefs in what tliey considered the right path, and to concihate the young. Schools were opened wherever scholars could be found ; and the Bible, in the language of the islands, was placed in the hands of all who could read it. Laws restraining drunkenness and other vices were proposed to the government and adopted: in 1838, the importation of spirituous liquors was prohibited ; and, in 1840, a written constitution, also the work of the missionaries, exhibiting much wisdom and knowl- edge of the world on their part, was subscribed by the king and his principal nobles. In these endeavors to raise a barbarous people to civilization, and to place their country among Christian states, the American missionaries were constantly opposed and thwarted by their own fellow-citizens and the subjects of other nations, who resorted to the islands for the purposes of trade, or of refreshment, after long and dangerous voyages. The precepts of a religion enjoining self- denial in all things could not find favor among such persons ; to whom its apostles became objects of hatred, as the destroyers of all their pleasures. Bickerings took place between the two par- ties : the missionaries were assaulted with sticks, and stones, and knives, all which they fearlessly confronted, rather than yield a foot of the ground already occupied ; and the young king was daily subjected to complaints from sea captains and consuls on the one side, and to remonstrances from his spiritual advisers on the other. That the latter carried their restrictions too far, con- sidering the circumstances, there is reason to believe ; for, though no defence can be made for the practices which they reprobated, yet many of them can never be prevented by means compatible with the enjoyment of civil liberty ; and it may be neither prudent nor just to set a mark on all who are guilty of them. The American missionaries had to encounter greater difficulties from a different source. Other laborers entered the vineyard. In 1827, two Roman Catholic priests, Messrs, Short, an Irishman, and Bachelot, a Frenchman, arrived in the islands, and engaged in the conversion of the natives to their form of Christianity. They were, of course, regarded with unfriendly eyes by the Protestants, and particularly by the pious regent Kaahumanu, to whose faction they were opposed ; and, through her influence, they were at length, in 1831, expelled from the islands, on the grounds that they were idolaters, and worshipped the bones of dead men. A 1839.] REINSTATEMENT OF CATHOLIC PRIESTS. 371 chapel and school were, nevertheless, soon after opened at Hono- lulu, by another Catholic priest, named Walsh; and, in 1838, Kaa- humanu being dead, Messrs. Bachelot and Short ventured to return to the islands, from California, where they had passed the greater part of the time, since their expulsion. They were again ordered by the government to take their departure ; and, on their refusal, were forcibly put on board the vessel which brought them, and thus sent away, notwithstanding the protests made by the consuls of the United States and Great Britain, on the part of the owners of the vessel, and by the conmianders of a British and a French ship of war, which arrived at the time in the islands. That the Protestant missionaries were the instigators of this proceeding, has been asserted, though it is denied by their friends ; that they might, if they chose, have prevented it, there can, however, be as little doubt, as that they should have done so, if it were in their power. For this act, which, besides being entirely at variance with the constant principle of Protestantism, and the spirit of toleration now so happily pervading the world, indicated extreme ignorance, and culpable disregard of consequences, on the part of those who directed it, a severe retribution was soon after exacted. On the 9th of July, 1839, the French frigate Artemise arrived at Hono- lulu, and her captain, Laplace, immediately demanded reparation for the insult offered to his country and its national religion ; with which object, he required that the Roman Catholic worship should be declared free throughout the islands, and its professors should enjoy all the privileges heretofore granted to Protestants ; that the government should give a piece of ground for the erection of a Catholic church ; that all Catholics imprisoned on account of their religion should be liberated ; and, finally, that, as a security for the performance of these engagements, twenty thousand dollars should be placed, and should remain, in his hands. With these demands the king immediately complied ; and, had the French commander contented himself with what he had thus effected, his conduct would have been blameless in the eyes of all unprejudiced men. But he also required and obtained, that the brandy and wines of his country, the introduction of which, as of all other spirituous liquors, was most properly prohibited by law, should be admitted into the islands on paying a duty of not more than five per cent, on their value — an act, considering the relative degrees of civilization of the two parties, far more repre- hensible than that for which he had just before obtained atonement 372 MISSION OF HAALILEO AND RICHARDS. [184'2. Captain Laplace also thought proper to declare in a circular, that, in case he should attack Honolulu, the American missionaries would not enjoy the protection promised by him to the people of civilized nations ; fortunately, however, he had no occasion to carry this threat into execution, as it might have produced a most serious breach of good understanding between his govern- ment and that of the United States. Difficulties about the same time arose between the government of the Sandwich Islands and the British consul ; in consequence of which, the king determined to despatch an agent to the United States, Great Britain, and France, in order to obtain, if possible, a distinct recognition of the independence of his dominions by those nations, and to make some definite arrangement for the prevention of difficulties in future. With these objects, Timoteo Haalileo, a young native who had been educated in the school of the missionaries, and had filled several important offices, was selected as the agent ; and he was to be accompanied by Mr. W. Richards, one of the American missionaries, who, having distin- guished himself, during a long residence in the islands, by his zeal in behalf of the people and their government, had, with the assent of his brethren, entered regularly into the king's service. They arrived in Washington in the winter of 1842, and, upon their application. President Tyler addressed a message to Con- gress,* in which, after briefly recapitulating the advantages derived by the United States from the Sandwich Islands, as a place of trade and refreshment for vessels in the Pacific, and alluding to the desire manifested by their government to improve the moral and social condition of the people, he declared that any attempt by another power to take possession of the islands, colonize them, and subvert the native government, could not but create dissatis- faction on the part of the United States ; and, should such attempt be made, the American government would be justified in remon- strating decidedly against it. An American commissioner was accordingly despatched to the Sandwich Islands, charged to inquire and report as to the propriety of establishing diplomatic relations with their government ; and Messrs. Haalileo and Richards, after some time spent in the United States, proceeded to Great Brit- ain and France, where their presence proved ultimately useful in bringing about the peaceful solution of the difficulties which had occasioned their mission. * Message of December 21st, 1842. 1843.] SANDWICH ISLANDS OCCUPIED BY THE BRITISH. 373 In the mean time, Lord George Paulet, a captain in the British navy, arrived at Woahoo, in February, 1843, in the ship Carysfort, and demanded from the king explanations with regard to the conduct of his government towards the consul and subjects of her Britannic majesty. Not receiving a satisfactory answer within the period prescribed, this officer threatened, in the event of longer delay, to make an attack upon Honolulu ; whereupon the king, find- ing himself unable to comply witii the demands, or to resist them, surrendered all the islands under his dominion to Great Britain, until the matter could be arranged between the government of that country and the agents whom he had already sent thither. The Britisli commander accordingly took possession, appointed commis- sioners to conduct the administration, and issued various regulations for the government of the islands, until further orders could be received from England. The news of these events created much excitement in the United States ; and a protest against the occupation of the Sand- wich Islands by Great Britain was immediately addressed by the American government to the court of London. On the 25th of June, however, the British minister at Washington declared officially, that the acts of Lord George Paulet were entirely un- authorized by her majesty; conformably with which, King Kamcha-* maha was, on the 31st of July, reinstated in all his powers and dig- nities by Admiral Thomas, the commander-in-chief of the British naval forces in the Pacific. Finally, on the 28th of November, a declaration was signed at London, on the parts of the queen of England and the king of the French, whereby their majesties "en- gaged reciprocally to consider the Sandwich Islands as an inde- pendent state, and never to take possession, either directly, or un- der the title of protectorate, or under any other form, of any part of the territory of which they are composed." These acts of the British and the French, with regard to the Sandwich Islands, arose, doubtless, rather from political jealousy, on the parts of those nations, than from the simple desire to protect their subjects in trade or religion. The French have shown their anxiety to obtain a permanent footing on the Pacific, by their at- tempts to form a colony in New Zealand, by their military occupa- tion of the Washington or North Marquesas Islands and their forci- ble seizure of Otaheite, and by various other circumstances ; whilst the British have evinced tlieir determination to counteract those efforts by others equally unequivocal. To either of these nations the 374 BRITISH OCCUPY THE FALKLAND ISLANDS. [1834. Sandwich Islands would prove a most valuable acquisition, as it would afford the means of controlling the trade and fishery of the North Pacific, and of exercising a powerful influence over the destinies of the north-west coasts of America and California. The United States, claiming the north-west coasts, and conducting nearly the whole of the fishery and trade of the North Pacific, are deeply interested in all that may affect the independence of these islands ; and, having neither the power nor the will to establish their own authority over them at present, it is the policy and duty of their government to oppose, at almost any hazard, the attempts of other nations to acquire dominion or influence in this important archipelago. It will be proper here also to notice, as connected with the history and probable destinies of North-West America, the fact of the oc- cupation of the Falkland Islands by Great Britain, in 1833. After the overthrow of the Spanish supremacy in America, these islands were claimed by the government of Buenos Ayres, as having formed part of the territory under the direction of the viceroy of La Plata ; and attempts were made by that government to exercise dominion over them, which produced, in 1831, a collision between its authorities and the naval forces of the United States. In the month of January, 1833, the British took possession of the whole group, which they have ever since occupied ; and, a repre- sentation on the subject having been addressed to that government, by the diplomatic agent of Buenos Ayres at London, Lord Pal- merston, the British secretary for foreign affairs, in reply, main- tained* the exclusive right of his nation to the islands, on the ground of first discovery and occupation — thus entirely disre- garding the sixth article of the Nootka convention of 1790, according to which, no settlement could be made, either by Great Britain or by Spain, on any part of the coasts of South America or the islands adjacent, " situated to the south of those parts of the same coasts, and of the islands adjacent, which are already occupied by Spain," although his government had, in 1827 supported the subsistence of that convention with respect to the north-west coasts of North America. In 1841, the Sandwich Islands, and the coasts of Oregon and California, were visited by the exploring ships of the United States, under the command of Lieutenant Charles Wilkes, who * Letter from Lord Palinerston to Seiior Moreno, dated January 8th, 1834. See Memoir, historical, political, and descriptive, on the Falkland Islands, by Robert Greenhow, published in the New York Merchants' Magazine for February, 1842. 1842.] EXPLORING VOYAGE OF WILKES. 375 had been specially directed to survey and examine those countries, as carefully as circumstances would permit. Lieutenant Wilkes, in the sloop of w^ar Vincennes, arrived off the mouth of the Columbia, on the 27th of April ; but, finding it hazardous to attempt the entrance, he sailed to the Strait of Fuca, and anchored in Puget's Sound, near Nasqually, a post belonging to the Hudson's Bay Company, from which he despatched several surveying parties into the interior. One of these parties crossed the great westernmost range of mountains to tiie Columbia ; and, having visited the British trading posts of Okinagan, Colville, and Walla- Walla, returned to Nasqually. Another party proceeded southward to the Cowelitz, and down that river to the main trunk of the Columbia, which was examined upwards as far as Walla- Walla, and downwards to the ocean. In the mean time, other parties were engaged in surveying the coasts and harbors on the Pacific, the Strait of Fuca, and Admiralty Inlet, and particularly in exploring the valleys of the Willamet River, emptying into the Columbia, and of the Sacra- mento, falling into the Bay of San Francisco, which are perhaps the most valuable portions of Oregon and California. The perform- ance of these important duties was accompanied by an unfortunate occurrence. The sloop of war Peacock, one of the exploring vessels, commanded by Lieut. William L. Hudson, struck on the bar at the mouth of the Columbia, while attempting to enter that river, on the 18th of July, and was lost ; her crew, however, in consequence of the perfect discipline maintained on board, were all landed in safety, with her instruments and papers, on Cape Dis- appointment, where they w^ere received, and treated with the utmost hospitality, by the agents of the Hudson's Bay Company, residing in the vicinity.* * The exploring squadron, consisting of tlie sloops of war Vincennes and Pea- cock, store-ship Relief, brig Porpoise, and schooners Sea-Gull and Flying-Fish, sailed from the Chesapeake on the l!)th of August, 1838, and passed around Cape Horn, where several months were employed in exploring, and, unfortunately, tiie Sea-Gull was lost, with all on board. Lieutenant Wilkes then crossed the Pacific to Australia, south of which, he, in January, 1640, discovered a line of rocky, ice-bound coast, extending nearly under the Antarctic circle, from the 92d to the 165th degrees of longitude east from London; that is, about 1800 miles. Thence he proceeded northward, surveying many groups of islands and intricate channels hitherto im- perfectly known, to the coast of Oregon, where he spent the summer of 1841, as above stated ; and, having completed his work, he returned, with his vessels, through the India seas, and around the Cape of Good Hope, to the United States, where lie arrived in June, 1842. The southernmost point attained was in the Pacific, south- south-west of Cape Horn, in latitude of 70 degrees 14 minutes, that is, farther south than any navigator, except Cook and Weddcll had previously penetrated ; it was reached on the 24th of March, 1839, by Lieut. W. M. Walker, commanding the Flvinff-Fish. 376 CHAPTER XVIII. 1842 TO 1845. Excitement in the United States respecting Oregon — Bill in the Senate for the im- mediate Occupation of Oregon — That Bill inconsistent with the Convention of 1827, between the United States and Great Britain — Renewal of Negotiations be- tween the United States and Great Britain — Emigration from the United States to Oregon — State of the Hudson's Bay Company's Possessions — Conclusion. During the latter years of the period to which the preceding chapter relates, the government and people of the United States were becoming seriously interested in the subject of the claims of the republic to countries west of the Rocky Mountains, which had so long remained undetermined. The population of the Union had, in fact, been so much increased, that large numbers of per- sons were to be found in every part, whose spirit of enterprise and adventure could not be restrained within the limits of the states and organized territories ; and, as the adjoining central division of the continent offered no inducements to settlers, those who did not choose to fix their habitations in Texas, began to direct their views towards the valleys of tiie Columbia, where they ex- pected to obtain rich lands without cost, and security under the flag of the stars and stripes. The period had, in fact, arrived, when the countries west of the Rocky Mountains were to receive a civilized population from the United States. This feeling began to manifest itself, about the year 1837, by the formation of societies for emigration to Oregon, in various parts of the Union, and especially in those which had themselves been most recently settled, and were most thinly peopled. From these associations, and from American citizens already established in Oregon, petitions were presented to Congress, as well as resolu- tions from the legislatures of states,* urging the general government either to settle the questions of right as to the country west of the Rocky Mountains, by definitive arrangement with the other claimant, * Nearly all these petitions and resolutions came from Indiana, Illinois, Missouri, and Michigan. 1840.] EXCITEMENT IN THE U. STATES RESPECTING OREGON. 377 or to take immediate civil and military possession of that country ; and bills, having for their object the accomplishment of one or both of these ends, vv^ere annually introduced into the Senate or the House of Representatives of the Union. The members of the executive branch of the government, particularly Messrs. Forsyth and Poinsett, the able and energetic secretaries of state and of war, were likewise assiduously engaged in collecting information respecting the nature and grounds of the claims of the United States, and the most effective means of enforcing them, in order that the government might, when necessary, act with vigor and certainty, and be justi- fied before the world. The information thus obtained was, from time to time, published, by order of Congress, for the instruction of the people on points so important ; * but no bill relating to Ore- gon was passed by either house before 1843, nor was any decisive measure on the subject adopted by the American government. The British government was, meanwhile, not unmindful of its interests in the territories west of the Rocky Mountains. Its views and intentions were not proclaimed to the world annually, in par- liamentary speeches or executive reports : but the Admiralty caused the lower part of the Columbia River, the Bay of San Francisco, and the adjacent coasts of the Pacific, to be carefully surveyed, in 1839, by Captain Belcher ;f and the Colonial Office, and Board of Trade, were in constant communication with the governor and di- * Among these documents, the principal are the following, viz. : Report to the Senate, with Maps, and a Bill for the Occupation of Oregon ; presented by Mr. Linn, June 6th, 1838 — Reports of the Committee on Foreign Affairs, of the House of Representatives, respecting the Territory of Oregon, with a Map, presented Jan. 4th and Feb. 16th, 1839, by Mr. Gushing, accompanied by a bill to provide for the pro- tection of the citizens of the United States residing in that territory, or trading on the Columbia River, and various documents in proof — Memoir, Historical and Polit- ical, on the North- West Coast of North America, and the adjacent Countries, with a Map and a Geographical View of those Countries, by Robert Greenhow, Translator and Librarian to the Department of State ; presented Feb. 10th, 1840, by Mr. Linn (see Preface to this History) — Report of tiie Hon. J. R. Poinsett, Secretary of War, in relation to the establishment of a line of Military Posts from the Missouri River to the Columbia, 1840 — Report of the Military Committee of the House of Representa- tives, on the Subject of the Occupation and Defence of the Colmnbia Countries ; presented by Mr. Pendleton, May 25tli, 184'2. t Narrative of a Voyage round the World, performed in her Majesty's Ship Sul- phur, during the Years 1836—1842, by Captain Sir Edward Belcher, R. N. This large and expensive work, though ver}' amusing to the general reader, abounds in misstatements and inconsistencies, and contains scarcely a single fact or observation of importance with regard to the different places visited. The results of the scientific investigations, especially the geographical positions of many important points, which were determined, doubtless, with the utmost accuracy during the voyage, are omitted. 48 378 TREATY BETWEEN THE U. STATES AND G. BRITAIN. [1842. rectors of the Hudson's Bay Company, who possessed more exact information, on all subjects connected with North- West America, than could be obtained from any other source. The British gov- ernment and the Hudson's Bay Company have, indeed, always acted in concert ; and the measures devised by them are carried into execution immediately, without previous reference to the legis- lature. Beyond the limits of the government offices, and of the Hudson's Bay House, no one in England seems to have taken the slightest interest in any thing relating to North- West America. In the spring of 1842, Lord Ashburton arrived at Washington, as minister extraordinary from Great Britain, with instructions and powers to settle certain questions of difl'erence between the two nations ; and it was, at first, generally supposed, in the United States, and, indeed, in Great Britain, that the establishment of boundaries on the Pacific side of America would be one of the objects of his mission. A treaty was, however, concluded, in August of that year, between him and Mr. Webster, the secretary of state of the United States, in which all the undetermined parts of the line separating the territories of the two powers, on the Atlantic side of America, were defined and settled ; but no allu- sion was made to any portion of the continent west of the Rocky Mountains. Whether or not Lord Ashburton was empowered by his government to treat for a settlement of the question at issue respecting the latter territories, no means have yet been afforded for learning. No mention of countries west of the Rocky Mountains is to be found in the published correspondence relative to the nego- tiation ; but the question was discussed by the plenipotentiaries, as declared in the following passage of President Tyler s message to Congress, at the opening of the session, on the 7th of December, 1842: "In advance of the acquisition of individual rights to these lands, [west of the Rocky Mountains,] sound policy dictates that every effort should be resorted to, by the two governments, to settle their respective claims. It became evident, at an early hour of the late negotiations, that any attempt, for the time being, satis- factorily to determine those rights, would lead to a protracted discussion, which might embrace in its failure other more pressing matters ; and the executive did not regard it as proper to waive all the advantages of an honorable adjustment of other difficulties, of great magnitude and importance, because this, not so immediately pressing, stood in the way. Although the difficulties referred to may not, for several years to come, involve the peace of the two 1842.] BILL IN THE U. S. SENATE FOR OCCUPYING OREGON. 379 countries, yet I shall not delay to urge on Great Britain the impor- tance of its early settlement." The treaty was ratified and defini- tively confirmed by both governments ; the exclusion of the Oregon question from it, however, increased the excitement respecting that country in the United States, and an excitement oh the same subject was soon after created in Great Britain. The part of the president's message above quoted was referred to the committees on foreign affairs in both houses of Congress ; and, a few days afterwards, Mr. Linn, one of the senators from Missouri, who had always displayed the strongest interest with re- gard to the territories west of the Rocky Mountains, and had assiduously endeavored to effect their incorporation into the republic, brought a bill into the Senate for the occupation and settlement of the territory of Oregon, and for extending the laws of the United States over it. This bill proposed that the presi- dent cause to be erected, at suitable places and distances, a line of forts, not exceeding five in number, from points on the Missouri and Arkansas Rivers, to the best pass for entering the valley of the Columbia, and also at or near the mouth of that river ; that six hundred and forty acres of land be granted to every white male inhabitant of Oregon, of the age of eighteen years and upwards, who shall cultivate and use them for five years, or to his heirs at law, in case of his decease, with an addition of one hundred and sixty acres for his wife, and the same for each of his children under the age of eighteen years ; that the jurisdiction of the courts of Iowa be extended over the countries stretching from that territory, and from the states of Missouri and Arkansas, to the Rocky Moun- tains, and over all countries west of those mountains, between the 42d and the 49th parallels ; and that justices of the peace be appointed for those countries, as now provided by law for Iowa, who shall have power to arrest and commit for trial all offenders against the laws of the United States ; provided that any subject of Great Britain, who may have been so arrested for crimes or misdemeanors committed in the countries west of the Rocky Mountains, while they remain free and open to the people of both nations, shall be delivered up to the nearest or most conve- nient British authorities, to be tried according to British laws. This bill, it will be seen, contained nearly the same provisions as that which had been discussed in the House of Representatives in the session of 1828-29,* with the addition of the promise of grants • See p. 355. 380 DEBATE IN THE SENATE OF THE U. S. ON OREGON. [1842. of land to the settlers, after a certain period of occupancy. It was defended, generally, on the grounds that its adoption would be the exercise, by the United States, of rights which were unquestionable, and had been long unjustly withheld from them by Great Britain ; and that, taking this for granted, it afforded the best means, in all respects, of making good those rights, and securing to the republic the ultimate possession of the territories west of the Rocky Moun- tains, which must otherwise fall, or rather remain, irretrievably, in the hands of another power. The opponents to the bill differed in their views of its various provisions : many w^ere averse to any action whatsoever on the subject at that time, while others con- sidered the measures recommended as impolitic, expensive, and by no means calculated to attain the end proposed ; but they were unanimous in opinion that the cession of lands in Oregon to American citizens would be an infraction of the convention of 1827 W'ith Great Britain, and could not, therefore, be legally made until that agreement had been rescinded in the manner therein stipulated. In this, as in the other provisions of the bill, however, its advocates were unwilling to make any material change, regarding them all as essential to the objects in view. Mr. Linn, as the proposer of the bill, explained and defended each of its provisions, on the grounds of their justice, of their com- patibility with the existing diplomatic arrangements, and of their efficiency for the attainment of the end in view, namely, the pos- session of these extensive and valuable territories by the United States, to which they belong of right. After recapitulating the various grounds of that right, he contended that the United States had been deprived of the privileges of the joint occupancy, secured to them in the convention of 1827, by the encroachments of the Hudson's Bay Company, which, under the direct protection of the British government, had taken actual possession of the whole terri- tory beyond the Rocky Mountains. Great Britain, he insisted, was there employing the same policy and mechanism, of a great trading company, by means of which she had made her way to the domin- ion of India ; she already practically occupied all that she ever claimed south and north of the Columbia; her agents had directly avowed that she would not give up the establishments which she had encouraged her subjects to form there ; and, as a further proof of her intentions, the Hudson's Bay Company had, within a few years, founded farming settlements on an extensive scale, from which large exports of provisions are made to the Russian posts 1843.] DEBATES IN THE SENATE OF THE U. S. ON OREGON. 381 and the Sandwich Islands. The bill proposed does not pretend to define the territory of the United States, or to dispossess Great Britain of what she now holds, but merely to do what she has herself done. Can that power object to proceedings, on the part of the United States, similar to her own ? She has extended her jurisdiction over Oregon, has built forts, and set up farming and other establishments. Why cannot the Americans do the same ? Mr. Morehead supported the same views. Examining the con- vention of 1827, he conceived tiiat it provided only for temporary occupation ; but that the felling of forests, the construction of regular habitations, the fencing in of fields, the regular improve- ment of the soil, the fitting up of mills and workshops, and, added to all these, the erection of forts to protect them, as had been done by the British, in Oregon, meant something more ; and were intended to constitute a lasting, and, of course, exclusive occupa- tion of the places thus appropriated. Now, these are not merely the acts of the Hudson's Bay Company ; they are done under the sanction of the Britisli government, and they form the system adopted every where, by that government, for territorial encroach- ment, especially against nations capable of resisting attack. Mr. Woodbury took a view somewhat different of the bearing of the convention of 1827, which he regarded as leaving to each party the right to settle, provided the trade were left free to both ; in support of which construction, ho cited the declarations of the British ministers, during the negotiations on that subject, and the stipulations proposed by them, that " neither party should assume or exercise any right of sovereignty or dominion over any part of the country," and that " no settlement then existing, or which might in future be made, should ever be adduced, by either party, in support or furtherance of such claims of sovereignty or domin- ion." For these reasons, and others which he presented, and sup- ported by powerful arguments, he considered that the bill should pass, and that the United States should no longer hesitate to exercise rights which Great Britain did not scruple to exercise herself. Mr. Phelps concurred with Mr. Woodbury in his construction of the convention of 1827, which, he conceived, would not be violated by the section of the bill providing for grants of land to settlers. The gi-ants proposed are but prospective. Citizens of the United States are invited to settle in Oregon, and, after having resided there five years, certain portions of land are to be secured to them. Within those five years, the questions of right 382 DEBATES IN THE SENATE OF THE U. S. ON OREGON. [1843. to the territory will have been determined, and if those who have acted on the faith of the invitation do not then receive the advan- tages promised, their government will, of course, be bound to indemnify them. Mr. McRoberts dwelt particularly on the importance of the con- vention of 1790, between Great Britain and Spain ; the fifth article of which, according to his construction, assured to Spain the sovereignty of all the coasts south of Nootka Sound. Mr. Henderson considered the bill of no value, without the clause for the appropriation of lands. He regarded the act of the British Parliament, extending the jurisdiction of the courts of Canada over Oregon, as taking possession of the country. The United States must do the same ; on their taking the measure now proposed, a conflict of jurisdictions would ensue, which must at once compel the adjustment of the question of right. Mr. Huntingdon, though firmly convinced of the rights of the United States to the territory in question, and of the propriety of making them good so soon as possible, could not but consider the bill as an infringement of the existing convention with Great Britain. The present state of things should undoubtedly be ended, but in the manner provided ; namely, by giving immediate notice to Great Britain of the intention of the United States to abrogate that convention at the expiration of a year. Mr. Sevier considered that, the justice of the claims of the United States being admitted, there should be no delay in taking possession of the country claimed, for which the only means were, to provide an adequate amount of population within the shortest time. Not only should the lands be granted to them, and forts be built and garrisoned for their protection, but, if necessary, a railroad should be made from the Missouri to the Columbia, over which emigrants might be conveyed in two or three days. Mr. McDuffic opposed the bill in toio. He insisted that its adoption would be a violation of the convention with Great Britain ; as its tendency was, and could be, no other than to take possession of the country, and to make ready, by all means and appliances, to maintain tliat possession. It was an invitation to the citizens of the Union — not to carry on the fur trade, nor to do that which the convention permits — but to settle permanently. For such a measure ho denied that any emergency then called. The question had slept for many years, whilst the United States were at the height of their prosperity ; and it was most imprudent 1843.] DEBATES IN THE SENATE OF THE U. S. ON OREGON. 383 to bring it up now, when their condition was far otherwise, and to brandish the sword in the face of a powerful opponent, when there was every probabihty that tiie matter might be arranged peaceably by negotiation. Great Britain had done nothing which indicated an intention to establish for herself an exclusive oc- cupation : her forts were nothing more than stockades, made by her traders for their protection against Indians ; and her subjects have interfered with American citizens only by underselling them in the commerce with the natives. lie then proceeded to inquire what advantages the United States could derive from the terri- tories of which it was proposed, at these hazards and costs, to take possession. He represented the whole region beyond the Rocky Mountains, and a vast tract between that chain and the Mississippi, as a desert, utterly without value for agricultural pur- poses, and which no American citizen should be condemned to inhabit, unless as a punishment ; and he ridiculed the idea that steam could ever be employed to facilitate communications across the continent, between the Columbia countries and the states of the Union. The expenses which the passage of the bill must entail, would, he conceived, be incalculable, whilst no returns could be expected for them. The fur trade, if advantageous, could benefit only a few capitalists, for whose advancement the agriculture, commerce, and industry, of the whole republic should not be taxed. In conclusion, he entreated the Senate to pause — to wait a year, or two years, in order to see what might be done by peaceful means, and without a ruinous waste of resources. Mr. Calhoun presented a summary of the ground of the claims of the United States and of Great Britain to the territories in question, and of the arrangements attempted, as well as of those made ; and, reviewing the provisions of the bill, he conceived that it directly violated the subsisting convention on the subject be- tween the two nations. The American government, it is true, does not, by this bill, confer grants of land upon its citizens, but it binds itself to do so ; and that engagement forms a complete reality as to assuming possession. Upon examining all the acts of Great Britain, with regard to those countries, he could find nothing in them of equal extent and force ; the act of Parliament of 1821 merely extends the jurisdiction of British laws over British sub- jects, and authorizes no possession. He could not but anticipate a breach of the peace with Great Britain, if the part of the bill then before the Senate, relating to e^rants of land, were carried 384 DEBATES IN THE SENATE OF THE U. S. ON OREGON. [1843. into effect ; all its other provisions he regarded favorably, and he Vi'as resolved to contribute, so far as lay in his power, to the main- tenance of all the rights of the United States which could be exercised conformably with the convention of 1827. He believed the possession of the countries of the Columbia to be important to the United States in many respects ; but that the period was not come when their occupation should be attempted at the risk of a war with the most powerful nation of the earth. Time, he con- sidered, would do more for the United States than they could do by immediate action themselves: the advance of their citizens over the western regions had been already rapid beyond all the calcu- lations of the most sanguine statesme^n ; no extraordinary means were required from their government to accelerate it. He was desirous to give to the bill all the attention which its importance required ; and he hoped that it would be recommitted to the committee on foreign relations, whose report would doubtless throw additional light on the subject. Mr. Benton entered at length into the history of discovery and settlement on the west coasts of North America ; reviewing, at the same time, the various conventions between civilized nations with regard to it. He considered the right of the United States to the whole territory, as far north as the 49th parallel of latitude, to be determined by the possession of Louisiana, the northern boundary of which he asserted to have been fixed at that parallel, by commissaries appointed agreeably to the treaty of Utrecht. He painted in glowing colors the agricultural advantages of the territory, which he regarded as inferior in that respect to none in the world, and the importance of its rivers, which were, in his view, destined to serve as the channels for the conveyance of the teas and silks of China to the Atlantic regions of both continents. He strongly recommended the passage of the bill, and he was prepared for war, if necessary, rather than surrender any portion of the country in question. Mr. Choate opposed the provision in the bill for grants of land ; but in all other particulars he was entirely in favor of it. He con- tended that, agreeably to the convention of 18:27, still subsisting, neither government, as a government, could do any thing to divest the citizens or subjects of the other of the enjoyment of the common freedom of the country ; and if the subjects or citizens of either made establishments there, they did so at their own risk, and neither government was called to interfere. If this bill 1843.] DEBATES IN THE SENATE OF THE U. S. ON OREGON. 385 were passed, its effect must be to hinder some part of the territory from being open, except as regards American citizens. He was willing that the United States should, as Great Britain had done, and as permitted by the convention, extend their jurisdiction over all the countries to which the bill applies, and erect forts where needed ; but not do more. If they had not done so earlier, it was to be attributed to their own supineness, not to the injustice of the other party. In conclusion, he considered the matter as open for negotiation, and that no time should be lost in terminating the questions at issue ; and, as the first step, he would recommend that notice be given to Great Britain of the intention of the United States to abrogate the existing convention at the end of a year. Mr. Berrien objected to the bill proposed, on many grounds, as to its principles and its details. The question was one of the utmost gravity, — of a future empire, to be founded in the west, by the institutions and commerce of the United States, — a ques- tion with which weighty considerations are complicated, including an important compact with a foreign, power. That power has its own views on this question, at variance with those of the United States, but in which she doubtless believes as fully. This bill, however, supposes all the right to be on the side of the Union, which is thus legislating upon an ex parte decision. The territory, which forms the subject of the discussion, is a barren and savage region, as yet unoccupied by the people of either nation, except for hunting, fishing, and trading with the natives ; all which are conducted freely and equally by the people of both nations, under the faith of a convention to that effect : and by the side of this compact a bill is placed, which assumes and engages to give the soil itself, and all that goes with it, not merely for the term of the duration of the convention, but " as long as the grass shall grow or the waters shall flow." The patents, thus granted, would bar all British subjects from particular spots ; and the act of granting them, being a clear and positive appropriation, by the American government, of that domain, would certainly be a violation of the compact. It has been alleged that the patents are not imme- diate, but provisional ; that the government pledges itself to issue them to those entitled to receive them, at the end of five years : but there is no difference between these two forms of the act of a government — of a perpetual body; the parties are put into present possession, and protection is promised to them there. The bil!, moreover, violates the faith of the political contract at home, 49 386 DEBATES IN THE SENATE OF THE U. S. ON OREGON. [r843. by interfering with the treaty-making power of the executive. The adjustment of the matter by negotiation with Great Britain is only postponed, in order that it may be soon resumed, with a prospect of accommodation ; and it is most inexpedient, at such a moment, to interfere with the legitimate organ of the govern- ment for such functions. Should the bill pass, it would warrant, in his opinion, the exercise, by the president, of the qualified veto, given to him by the constitution, for the protection of the peculiar prerogative of his office. Mr. Archer directed his attention chiefly to what he considered as the two great points presented for consideration by this bill ; namely, the consistency of the provision for granting allodial titles to lands in Oregon, with the stipulations of the convention of 1827 ; and the general policy of accelerating the settlement of that territory by the people of the United States. Upon the first point he showed, by reference to the proceedings and results of the several negotiations between the United States and Great Britain on the subject, that the title to the territory had been the only question discussed ; that no agreement on that question had ever been attained ; and that the two governments, finding it im- possible to arrive at a satisfactory conclusion, had, by the con- vention, dissoluble at the pleasure of either, left the country equally free to the people of both. The title was thus in suspense, and with it were suspended all the privileges flowing therefrom, except those of temporary use ; most especially was suspended the right to grant a property in the soil ; and if this were not the true meaning and intention of the agreement, it was vain and useless. No breach of the contract on the part of Great Britain had been proved ; the people of that nation had indeed gained advantages in trade over the citizens of the United States : yet it was not by constraint or intimidation, but by greater dexterity in business, which involved no contravention of stipulations, and could authorize no contravention on the other side. If the present bill should become a law, the United States must be prepared to maintain and execute all its provisions ; and Great Britain, though, like the United States, directly interested in the continuance of peace, would, if she viewed the measures in question as an in- fringement of the convention, stand upon that point, when she might not stand upon the value of the territory. War might be the consequence ; and it was proper to consider on which side the advantages would be in the contest, and what would be its I 1843.] DEBATES IN THE SENATE OF THE U. S. ON OREGON. 387 results. In any case, whether or not war should ensue, the ques- tion of the possession of Oregon could only be decided by nego- tiation ; and if, at the end of a war, the United States should obtain all that they here claim, it would be but a poor recompense for the evils and costs incurred. With regard to the policy of accelerating the settlement of the territory west of the Rocky Mountains, by American citizens, Mr. Archer coincided nearly in opinion with Mr. McDuffie ; he considered that territory as of little value to any nation ; the part near the coast alone contained land fit for agricultural purposes, and there were no harbors which were or could be rendered tolerable. The United States had seven hundred millions of acres of land east of the Rocky Moun- tains still vacant, of which a large portion was more fertile and salubrious than any other lands, wherever they might be, even in Oregon ; these should be occupied before the population could with reason be urged to establish themselves in the latter country. In conclusion, he had no objection to the extension of the juris- diction of the United States to the Pacific, in the manner proposed by the bill, or to the erection of forts on the Columbia, if they should be found necessary ; or to any other measure which might be taken, pari passu, with Great Britain, not inconsistent with re- ciprocal stipulations ; but he should oppose the provision respecting grants of land, not only for the reasons already given, but also because it would tend to defeat the very object of the bill, namely, the ultimate possession of the country west of the Rocky Moun- tains by the United States. To the objections thus made to his bill, Mr. Linn replied at length, displaying considerable ingenuity of argument, particularly with the object of showing that all whicii was thereby openly pro- posed had been already done in a covert manner by Great Britain. He dwelt on the great importance of the Oregon countries, — on the vast extent of lands on the Columbia and its tributary streams, which were said to exceed in productiveness any in the states of the Union, — and on the number and excellence of the harbors on those coasts, the use of which was imperatively required by the American whaling vessels employed in the adjacent ocean, — on the facility with which travel and transportation might be effected across the continent, by means of ordinary roads at pres- ent, and by railroads hereafter ; and he produced a number of letters, reports, and other documents from various sources, con- firming all these statements. Finally, he appealed to the honor 388 CONSIDERATIONS ON THE CONVENTION OF 1827. [1843. and generosity of the nation, for its protection to the American citizens already estabUshed in Oregon, who had gone thither ia confidence that such aid would be extended to them, and were groaning under the oppressions of the Hudson's Bay Company.* Previous to the final vote, Mr. Archer endeavored to have the clause respecting the grants of lands struck out ; but his motion did not prevail, and on the 3d of February, 1843, the bill w^as passed by the Senate, twenty-four being for and twenty-two against it. It was immediately sent to the House of Representa- tives, in which a report against its passage was made by Mr. Adams, the chairman of the committee on foreign affairs ; the session, however, expired without any debate on the subject in that House. In order to determine whether the bill for the occupation of Oregon, passed by the Senate of the United States, in 1843, could, if it had become a law, have been carried into fulfilment without a breach of public faith, until after the abrogation of the existing convention with Great Britain, in the manner therein stipulated, it will be necessary first to analyze that convention, and to reduce the various permissions, requirements and prohibitions, involved in it, to their simplest expressions. The two nations, on agreeing, as by that convention, to leave the territory west of the Rocky Mountains, with its waters, free and open to the citizens and subjects of both, of course agreed that neither should exercise any exclusive dominion, or do any thing calculated to hinder the people of the other from enjoying the promised advantages in any part of that territory. Each nation, of course, reserved to itself the right to provide for the maintenance of peace and the admin- istration of justice among its own citizens, and to appoint agents for that purpose : it was, indeed, the duty of each, as a civilized power, to do so without delay ; and it was morally imperative upon them to enter into a supplementary compact for the exercise of concurrent jurisdiction, in cases affecting the persons or interests of subjects or citizens of both, unless provision to that effect should have already been made in some other way. Finally, as the country was inhabited by tribes of savages, the citizens and subjects of each of the civilized nations residing therein might * This was destined to be the last effort of Mr. Linn for the advancement of the cause to which he had so long devoted his powerful energies. He expired on the 3d of October, 1843, at his residence in St. Genevieve, Missouri, without warning, and probably without a struggle. 1843.] CONSIDERATIONS ON THE CONVENTION OF 1827. 389 take precautions for their defence against attacks from those savages, by mihtary organization among themselves, and by the erection of the fortifications necessary for that special purpose ; and it here again became the duty of the contracting parties to settle by compact the manner in which their governments might jointly or separately aid their people in such defence. As the advantages offered to the citizens or subjects of the two nations are not defined, the terms of the convention relating to them are to be understood in their most extensive favorable sense ; including the privileges, not only of fishing, hunting, and trading with the natives, but also of clearing and cultivating the ground, and using or disposing of the products of such labor in any peaceful way, and of making any buildings, dams, dikes, canals, bridges, roads, &,c., which the private citizens or subjects of the parties might make in their own countries ; under no other restric- tions or limitations than those contained in the clause of the con- vention providing for the freedom and openness of the territory and waters, or those which might be imposed by the respective governments. This appears to be the amount of the permissions, requirements, and prohibitions, of the convention ; and, had the two governments done all that is here demanded, no difficulties could have been reasonably apprehended — so long, at least, as the territory in ques- tion remains thinly peopled. These things, however, have not all been done ; not only has no supplementary compact been made between the two nations, but the government of the United States has neglected to secure the protection of their laws to their citi- zens, who have thus, doubtless, in part, been prevented from drawing advantages from the convention equal to those long since enjoyed by British subjects, under the security of the prompt and efficient measures of their government. If this view of the existing convention between the United States and Great Britain, relative to the territory west of the Rocky Mountains, be correct, and embrace all its permissions and prohibitions, neither of the parties could be justified, during the subsistence of the agreement, in ordering the erection of forts at the mouth of the Columbia, where they certainly are not required for protection against any third power, and in promising to secure large tracts of land in that territory, by patent, to its citizens or subjects. Had the bill passed by the Senate in 1843 become a law, the convention would from that moment have been virtually 390 DEBATE IN THE BRITISH PARLIAMENT ON OREGON. [1S43. and violently rescinded : and any attempt to enforce the measures would undoubtedly have been resisted by Great Britain. The abrogation of the convention, in the manner therein provided, or in some other way, by common consent of the parties, should precede all attempts, by either, to occupy any spot in the territory permanently ; and whenever the government of either nation considers the time to be near, in which such occupation, by its own citizens or subjects, will be indispensable, it should endeavor to settle, by negotiation with the other power, some mode of effecting that object, before giving notice of its intention to abrogate the agreement ; for such a notice can only be regarded as the an- nouncement of the determination of the party giving it to take forcible possession of the territory at the end of the term. The reports of the debates in the American Senate on the bill for the occupation of Oregon, reached England while the treaty, recently concluded at Washington, was under consideration in Parliament ; and they did not fail to elicit some observations in the House of Commons. Lord Palmerston, the late secretary for foreign affairs, and then leader of the opposition, pronounced that, if the bill should pass, and be acted on, it would be equiva- lent to a declaration of war, as it would be the invasion and seizure of a territory in dispute, by virtue of a decree made by one of the parties in its own favor. Mr. Macaulay, who had been the secretary of war under the previous administration, con- ceived that the fact of the passage of such a bill by the Senate, a body comprising among its members a large portion of the men of the greatest weight and most distinguished ability in the United States, showed a highly-excited condition of the public mind in that country. Mr. Blewitt quoted the words of one of the senators in the debate, as being a most violent attack on England : and he regarded the mode in which the matter had been dealt with in the Senate as an insult to his nation. Sir Robert Peel, the premier, in answer, simply stated, that communications of a friendly nature, on the subject of Oregon, were then going on between the two governments, a proposition having been addressed to the United States, for considering the best means of effecting a conciliatory adjustment of the questions respecting those territories ; and that, if the bill introduced into the American Senate had passed both Houses of Congress, it would not have received the sanction of the executive, which had given assur- ances of its anxiety to settle those questions by negotiation. 1843.] EMIGRATION FROM THE U. STATES T'O OREGON. 391 This last declaration from Sir Robert Peel was confirmed by the president of the United States, in his message sent to Congress on the 5th of December following; and, in February, 1844, the Hon- orable Richard Pakenham arrived in Washington, as minister pleni- potentiary from Great Britain, with full instructions to treat for a definitive arrangement of the disputed points relative to the coun- tries west of the Rocky Mountains.* In the mean time, the excitement in the United States with re- gard to the immediate occupation of Oregon, as well as the difficul- ties of effecting an amicable arrangement of the questions with Great Britain respecting that country, had increased and become more general. In each year since 1838, small parties of emigrants had set out from Missouri for the Columbia ; but they had suffered so much on their way, from hunger, thirst, fatigue, and a dread of Indians, that few had reached the place of their destination, and those who returned to the United States gave accounts of their expeditions by no means calculated to induce otliers to follow them. On exam- ining these accounts, however, it appeared that in all cases the par- ties had been insuflScient in numbers, or were not provided with the requisite supplies, or were guided and commanded by incompetent persons ; besides which, nothing like an assurance of protection, after they should have made their settlements, was afforded by their gov- ernment. On the faith of the promise of such protection, held out by the passage through the Senate of the bill for the immediate occupation of Oregon, a thousand persons, men, women, and chil- dren, assembled at Westport, near the Missouri River, on the fron- tier of the state of Missouri, from which they began their march to Oregon, with a large number of wagons, horses, and cattle, in June, 1843.f They pursued the route along the banks of the Platte, and its northern branch, which had been carefully surveyed in the preceding year by Lieutenant Fremont, of the United States army,f to the South Pass, in the Rocky Mountains ; thence through the valleys of the Green and Bear Rivers to the Hudson's Bay Compa- ny's post, called Fort Hall, on the Lewis ; and thence, in separate parties, to the Willamet valley, where they arrived in October. Their journey, of more than two thousand miles, was, of course, laborious and fatiguing ; they were subjected to many difficulties and priva- tions, and seven of their party died on the way, from sickness * Sir Robert Peel's speech in the House of Commons, February Gth, 1S44. t See the interesting report and map of Lieutenant Fremont, published by order of the Senate, in the spring of 1843. 392 AMERICAN EMIGRANTS TO OREGON. [1843. or accident.* Their numbers and discipline, however, enabled them to set at defiance the Sioux and the Blackfeet, those Tartars of the American stejjpes, who could only gaze from a distance at the crowd of pale-faces leaving the sunny valleys of the Mississippi for the rugged wilds of the Columbia. Upon the whole, the difficulties were less than had been anticipated, even by the most sanguine partisans of the immediate occupation of Oregon ; and the success of the expedition encouraged a still greater number to follow in 1844, before the end of which year the number of American citi- zens in Oregon exceeded three thousand. The increase of the numbers of American citizens in Oregon was noticed by the president, in his Message to Congress of the 5th of December following, in which he repeated the assurance that every proper means would be used to bring the negotiation recently re- newed with Great Britain to a speedy termination ; and he strongly recommended the immediate establishment of military posts at places on the line of route to the Columbia. In the course of the session, each House of Congress received various memorials, pe- titions, and resolutions, from State legislatures, all urging the govern- ment to adopt measures for the immediate establishment of the right of the United States to the countries beyond the Rocky Mountains ; and several bills having in view the same object were introduced and debated, though none of them were passed by either branch of the federal legislature. Of these bills, some were nearly identical with that which had been passed by the Senate in the preceding ses- sion ; the others were to the effect, that notice should be immedi ately given to the British government of the intention of the United States to terminate the convention of 1827, in the time and man- ner therein provided. The debates were continued in both houses, * It may be here remarked, that, on the 1st of July, 1843, while this crowd of men, women, and children, with their wagons, horses, and cattle, were quietly pursuing their way across the continent, to the regions of the lower Columbia, an article appeared in the Edinburgh Review — a journal commonly well informed, and fair in its views on Amer- ican matters — in which it was affirmed, ex-cnthcdra, that — '■' Hoiccrcr the jwiitical questions between England and Jlmerica, as to the oicncrship of Oregon, may be decided, Oregon will never be colonized overland from the United States." The Reviewer asserts that — " The world must assume a neioface, before the Jlmcrican wagons make plain the road to the Columbia as they have done to the Ohio/, " and he determines that — " IVJioever, therefore, is to be the future owner of Oregon, its people will come from Eu- rope." This is not the first occasion, in which European predictions, implying doubts as to the energy of American citizens, and their capacity to execute what they have undertaken, have been contradicted by facts, so soon as uttered. The American emigrants reached Oregon by a road which nature has made as plain as that from the Atlantic to the Ohio ; and no one will question their power to maintain them- selves there, if any people can do so. 1844.] DEBATES IN CONGRESS. 393 for some time, embracing not only all the questions connected with the claim of the United States to Oregon, but also incidentally, that respecting the north-eastern boundary of theRepublic,which had been already settled by the treaty of Washington. The abrogation of the convention was defended, as a legitimate and unexceptionable means of opening Oregon to American citizens, from which they were now wholly excluded ; and as offering to those desirous of emi- grating thither, some guarantee of future protection by their govern- ment. It was opposed chiefly on the ground that a negotiation respecting the rights of the two claimant powers, was about to be opened, agreeably to an invitation from the American government ; and that it would be impolitic if not improper and indecorous thus to determine what was declared to be a subject for discussion ; as the notice of the intention to annul the agreement could only be interpreted as a direct assertion of absolute right, and of a resolu- tion to maintain that right by force, if necessary, at the end of the period prescribed. The advocates of abrogation were averse to any further negotiations ; contending that in all those entered into upon this subject, the United States had suffered, and that the British were only anxious to gain time, and thus to continue the exclusion of American citizens, until they could themselves occupy the whole territory : but if a negotiation should now be com- menced it would end before the expiration of the period stated in the notice ; when either some new arrangement would have been made, or it would be seen that Great Britain was resolved to con- test the claim of the United States at all hazards. On the other hand it was insisted that the British could never occupy the coun- try ; that they could use it only for the fur trade, which was de- clining rapidly, and must speedily cease ; and that Oregon would come into the possession of the Americans by quiet and silent emi- gration, as soon as could be reasonably desired, if not sooner. Equally different were the anticipations of the two parties, as to the results of a war with Great Britain, if it should be occasioned by the measure proposed ; the one holding up defeat, devastation, destruction of commerce, and dissolution or dismemberment of the Union, as the probable consequences, while the other seemed to^ entertain no doubt that it would lead to the overthrow of the British dominions in North America. At the commencement of the ensuing session of Congress, the President declared, in his message, that a negotiation had been for- mally begun, and was pending between the secretary of state and 50 894 NEGOTIATIONS IN PROGRESS. [1844. her Britannic majesty's minister plenipotentiary, relative to the rights of the respective nations to Oregon. The report of the secretary of w^ar, accompanying this message, contained a recommendation, for the establishment of a territorial government over the region traversed by the river Platte, between the States of Missouri and Arkansas on the east, and the Rocky Mountains on the west, and for the for- mation of military posts on the line of route from those States to Oregon and California. Agreeably to this recommendation, bills were introduced into the House of Representatives for establishing such a government over the country above described, which was to be called the Nebraska Territory, and for extending the jurisdiction of its courts over Oregon ; but they were not made the subject of debate during the session. A bill for the immediate occupation of Oregon under a territorial government, and for abrogating the Con- vention of 1827, in the manner provided by that agreement, was however passed in the House of Representatives, but it was not dis- cussed in the Senate. With regard to the measures last mentioned nothing will be here said, in addition to what has already been ob- served. The propositions for establishing a territorial government over the Nebraska country, and for extending the benefit of its laws to Oregon, appear to have combined every legislative provision required by present circumstances, to maintain the rights of the United States, and to ensure protection to their citizens beyond the Rocky Mountains. On the 19th of February, 1845, the President informed Congress, by a message, that considerable progress had been made in the negotiation with Great Britain, which had been carried on in a very amicable spirit, and there was reason to hope that it might be speedily terminated ; but nothing farther was com- municated on the subject during" that session, or during the extra session of the Senate in March. The history of the western section of North America has now been brought down to as late a period as the information obtained respecting that part of the world could warrant. Accounts have been presented of all the expeditions, discoveries, settlements, and other events, worthy record, and of all the claims and pretensions advanced by civilized nations, and all the disputes, negotiations, and conventions between their governments, relative to these territories. It has been shown that the discovery of the west coast of the continent, certainly as far north as the 49th degree of latitude. 1844.] GENERAL REVIEW. 395 and probably much farther, and of the western sides of the west- ernmost islands flanking that continent, between the 49th and 56th degrees, is due entirely to the Spaniards ; that these coasts were subsequently explored more minutely by the navigators of Great Britain, Spain, and the United States, previous to their more complete survey by the subjects of Great Britain under Van- couver ; after which, the vast territories of the interior, drained by the Columbia, were first traversed and examined by the citizens of the American Union, under Lewis and Clarke, in 1805-6 With regard to occupation, it has been proved conclusively, that no establishment whatever was made by any civilized people except Spaniards and Russians, in any part of the western section of North America, until 1806, when the first British post west of the Rocky Mountains was founded on the upper waters of Frazer's River, near the 54th degree of latitude ; and that the earliest establishments in the countries drained by the Columbia, which had been first discovered and first explored by the Spaniards and the citizens of the United States, were made in 1809 and the four succeeding years by the people of the latter republic. Of the international questions, arising from these discoveries and settlements, the only serious one now remaining undetermined is that betvveea the United States and Great Britain, involving nothing less than the right of possessing the vast territories of the Colum- bia, commonly called Oregon. Concerning this question, it has been shown, that the United States asserted their right against Great Britain in 1815, as founded upon the discoveries and settle- ments of their citizens, made prior to any by the other party ; and that having obtained by the Florida treaty, in 1819, all the titles of Spain to those countries, their government has ever since claimed the exclusive sovereignty over them, though it has more than once offered, for the sake of peace, to surrender to Great Britain all north of the 49th parallel of latitude. On the other hand, it has been shown that the British government first claimed the possession of the Columbia regions in 1815, on the ground of their having been early taken possession of in the name of their sovereign, and ever since considered as part of his dominions ; and then in 1824, in virtue of settlements alleged to have been made by British sub- jects, coeval with, if not prior to, any by American citizens ; after which, repeated and direct assertions of positive right, that power declared officially in 1826, — that she claimed no exclusive sovereignty over any portion of those territories, limiting her pretensions re- 396 Hudson's bay company's system. fl844. specting them, to a right of joint occupancy with other states, agreeably to the Nootka Convention between herself and Spain, in 1790, and leaving the right of sovereignty in abeyance. On the claim of Great Britain, thus formally reduced to specific terms, it has been considered sufficient to show, that, agreeably to the usages of nations, and to the never-failing practice of that power, as main- tained by her government, particularly in the negotiation with the United States in 1816, respecting the Newfoundland fishery,* the Nootka Convention expired in 1796, and has ever since remained a dead letter. The British government cannot continue to uphold the sub- sistence of the Nootka Convention, upon which all its claims were thus made to rest, in 1827, without direcdy impugning its own declaration that " Great Britain knows no exception to the rule that all treaties are put an end to by a subsequent war between the same parties ;" as well as the legality of its present occupation of the Falkland Islands, from which the British are excluded by that convention : nor can the United States and their government submit to such various interpretations of the same national law. From the negotiation now in progress, neither the records of the former discussions, nor subsequent events, nor the present state of the parties, encourage the hope for any definite settlement of the questions at issue, that is to say, of the boundaries west of the Rocky Mountains : though possibly some change in the existing convention, or some supplement to it may be effected, or more probably its immediate abrogation may be the consequence ; and under this view it will be proper to present some concluding obser- vations on the condition of the countries, and their inhabitants, subject to those stipulations. The countries to which the convention of 1827 applies, have un- til a recent period, been, so far as regards the advantages derived from them, entirely in the possession of Great Britain ; while the United States, the other party to that treaty, have only secured the continuance of their title unimpaired. The British represented first by the North- West Company, and afterwards by the Hudson's Bay Company, have enjoyed the quiet and almost exclusive use of the Columbia regions from 1814 to 1840. That the people of the Uni- ted States did not participate in these advantages, doubtless arose principally from the circumstance, that they could render their ex- * See page 318. 1844.] Hudson's bay company's treatment of Indians. 397 ertions more productive elsewhere ; and also probably because their government, from its nature, could not afford them assurances and facilities for organization, similar to those which have imparted so much vigor and efficiency to the operations of the British. The Hudson's Bay Company thus assisted and protected in every way by its government, became a powerful body. The field for its labors was at once vastly increased by the license to trade, in exclu- sion of all other British subjects, in the countries west of the Rocky Mountains, where the fur-bearing animals were more abundant than in any other part of the world ; while the extension of the jurisdic- tion of the Canada courts over the whole division of the continent, to which its charters apply, and the appointment of its own agents as magistrates, in those regions, gave all that could have been de- sired for the enforcement of its regulations. The arrangement made with the Russian American Company, through the intervention of the two governments, secured the most advantageous limits in the north-west ; and the position assumed by Great Britain, in the dis- cussions with the United States, respecting Oregon, were calculated to increase the confidence of the Company, in the strength of its tenure of that country, and to encourage greater efforts. In addition to the aid thus derived from government, the consti- tution of the Hudson's Bay Company is such as to secure know- ledge and prudence in council, and readiness and exactness in exe- cution. The proceedings of its directors, by whom all general orders and regulations are issued, and all accounts are comptrolled, are enveloped as much as possible, in secrecy ; all communications which are likely to be published, being expressed in terms of studied caution, and affording only the details absolutely required. The number of persons in its employ is small, considering the amount of duties performed by them ; tiie manner of their admission into th<; service, the training to which they are subjected, and the expectations held out to them, being calculated to render their efficiency and devotion to the general interests, as great as possible. The strictest discipline, regularity and economy are enforced throughout the Company's territories ; and the magistrates appointed under the act of parliament, for the preservation of tranquillity, are seldom called to exercise their powers, except in the settlement of trifling dis- putes. In the treatment of the aborigines of these countries, the Hud- son's Bay Company appears to have admirably combined and recon- ciled policy with humanity. The prohibition to supply them with 398 Hudson's bay company's treatment of Indians. [1844. ardent spirits, appears to be rigidly enforced. Schools for the in struction of their children are established at all the principal trading posts, each of which also contains a hospital for sick Indians, and offers employment for those disposed to work, whilst hunting cannot be carried on. Missionaries of various sects are encouraged to en- deavor to convert them to Christianity, and to induce them to adopt the usages of civilized life, so far as may be consistent with the na- ture of the labors required for their support ; and attempts are made, at great expense, to collect them in villages, on tracts where the climate and soil are most favorable for agriculture. Particular care is extended to the education of the half-breed children, the offspring of the marriage or concubinage of the traders with the Indian women, who are retained, and bred as far as possible among the white people, and are employed, whenever they are found capable, in the service of the Company. As there are few or no white women in those territories, except in the Red River settlements, it may be easily seen that the half-breeds must in time form a large if not an important portion of the native population. The conduct of the Hudson's Bay Company in these respects is certainly worthy of commendation. It is however to be observed, that of the whole territory placed under the authority of that body, either by its charter or by license, only a few small portions are capable of being rendered productive by agriculture : from the re- mainder of the country, nothing of value in comrr\erce can be ob- tained except furs, and those articles can be procured in greater quantities and at less cost, by the labor of the Indians, than by any other means. There is, consequently, no object in expelling or destroying the natives who occupy no land required for other pur- poses and can never be dangerous from their numbers ; while on the contrary, there is a direct and evident motive of interest to pre- serve and conciliate them, and the Company certainly employs the best methods to attain those ends. By the system above described, the natural shyness and distrust of the savages have been in a great measure removed ; the ties which bound together the members of the various tribes have been loosened, and extensive combinations for any purpose have become impossible. The dependence of the Indians upon the Company is at the same time rendered entire and absolute ; for having abandoned the use of all their former arms, hunting and fishing implements, and clotlies, they can no longer subsist without the guns, ammunition, fish-hooks, blankets and other similar articles, which they receive only from the British traders. 1844.] HUDSON'S BAY COMPANY'S TREATMENT OF AMERICANS. 399 The position of the Hudson's Bay Company towards these people, is thus wholly different from that of the East India Company, with respect to the Chinese ; the motives of the former body to prohibit the introduction of spirits among the Indians, being no less strong than those of the latter, to favor the consumption of opium in China. The course observed by the Hudson's Bay Company towards American citizens, in the territory west of the Rocky Mountains, has been equally unexceptionable, and yet equally poUtic. All the missionaries and emigrants from the United States, and indeed all strangers from whatsoever country they might come, have been re- ceived at the establishments of the company on the Columbia with the utmost kindness and hospitality, and aided in the prosecution of their objects, so far and so long as those objects were not commer- cial. But no sooner did any one unconnected with the Company, attempt to hunt, or trap, or to trade with the natives, than all the force of the body was immediately turned towards him. There is no evidence or well-founded suspicion, that violent means have ever been employed by the company, directly or indirectly, to defeat the efforts of its rivals. Many American citizens have been murdered by the Indians west of the Rocky Mountains ; but many more ser- vants of the Hudson's Bay Company have suffered in the same way. Indeed, violent means would have been unnecessary on the part of the Company, whilst it enjoyed advantages so great over all other competitors in trade, by its organization, its wealth, and the know- ledge of the country possessed by its agents. Wherever an Ameri- can port has been established, or an American party has been en- gaged in trading on the Columbia, an agent of the Hudson's Bay has soon appeared in the same quarter, at the head of a number of ex- perienced hunters, or with a large amount of specie or merchandise on hand, to be given to the Indians foi furs, on terms much lower than the Americans could offer ; and the latter, thus finding their labors vain, were soon obliged to retire from the field. Even with- out employing these extraordinary and expensive means, the British traders, receiving their goods in the Columbia by sea from London, free from duty, can always undersell the Americans, who must transport their merchandise more than two thousand miles over land, from the frontiers of the United States, where many of the articles best adapted for the trade have previously been subjected to import duties. In pursuance of the same system, the Company en- deavors, and generally with success, to prevent the vessels of the 400 Hudson's bay company's treatment of Americans. [1844. United States from obtaining cargoes on the north-west coasts of America ; thougli the mariners of all nations, when thrown upon these coasts by shipwreck or by other misfortunes, have uniformly received shelter and protection, at its posts and factories. On the other hand, the publications made by the directors and agents of the Hudson's Bay Company evince the most hostile feelings towards the citizens of the United States, against whom every species of calumny is levelled in those works, whilst, at the same time, all their efforts to establish themselves in Oregon are derided.* Under these circumstances, the fur trade has, until recently, been very profitable to the Hudson's Bay Company ; but it is now cer- tainly declining in every part of North America, from the diminu- tion of the number of the animals, whilst the price of furs does not increase, in consequence of the advantageous employment of silk, cotton, and wool in their place, particularly in China. The Hud- son's Bay Company endeavors to prevent this decrease of the ani- mals in the countries east of the Rocky Mountains, by withdrawing its hunters and traders from certain districts in succession, during a number of years ; but in the Columbia countries, where its control is not exclusive, and its tenure of the soil is insecure, no precautions of this kind are observed, and many of its posts have therefore been reduced or abandoned. As the fur trade in the Columbia regions declined, the Hudson's Bay Company began to turn its attention to agriculture, pasturage, cutting timber, fishing, and other pursuits, for which persons were introduced from Canada or from Europe, and extensive establish- ments have been formed in several places. From the use or ex- portation of these products, some revenue is saved or gained, but it is evident that capital thus invested can yield but slender returns, and no other modes for its employment are offered at present in Oregon, or further north. Those countries, indeed, contain lands in de- * See History of the Oregon Territory and British Ajnerican Fur Trade, Ify John Dunn, 8vo. London, 1844, a compound of ridiculous blunders, vulgar ribaldry, and infamous calumnies, against the United States and their citizens. In blind and fe- rocious hatred of the Americans, Mr. Dunn, ex-storekeeper at Fort Vancouver, may indeed claim equality with His Exc'y Charles Povvlett Thompson, Lord Sydenham, some time President of the Board of Trade of Great Britain, and subsequently Governor and Captain-General of Canada. See the memoirs and letters of this latter worthy, published by his brother, and also the admirable remarks on that work by Lord Brougham, in his Historical Sketches of the Statesmen of the time of George IH. It will be borne in mind that the letters containing these libels were addressed by Lord Sydenham to the British ministers, his former colleagues in office ; and that they are published by his attached relative as evidences of his character, and as claims to the admiration of his countrymen. 1844. J RED RIVER SETTLEMENT. 401 tached portions, which may afford to the industrious cultivator the means of subsistence, and also, in time, of procuring some foreign luxuries ; but they produce no precious metals, no cotton, no coffee, no rice, no sugar, no opium ; nor are they, like India, inhabited by a numerous population, who may be easily forced to labor for the benefit of a few. With regard to colonization — it has been already said that a very small proportion of the territories belonging to, or held under license by the Hudson's Bay Company, is capable of being rendered produc- tive by cultivation. The only place east of the Rocky Mountains, in which attempts have been made to found permanent agricultural settlements, is on the Red River, between the 49th parallel of lati- tude, there forming the northern boundary of the United States, and Lake Winnipeg, into which that river empties. Of the cession of this country by the Hudson's Bay Company to Lord Selkirk, and the unfortunate results of his first efforts to colonize it, accounts have been already given. New efforts, with the same object, but with no better results, were afterwards made by the son and suc- cessor of that nobleman ; and the territory was at length, in 1836, retro-ceded to the Company, which has, with much difficulty and expense, established on it about six thousand persons, nearly all of them Indians and half-breeds, under what conditions as to tenure of the soil, is not known.* The land produces wheat, rye, potatoes, * Mr. Pelly, the governor of the Hudson's Bay Company, in a letter addressed on the 10th of February, 1837, to Lord Glcnclg, the British secretary for the colo- nies, says, "This rising community, if well governed, may be found useful at some future period, in the event of difficnlties occurring between Great Britain and the United States of America, who have several military posts, say those of the Sault Saint Mary, Prairie du Chien, and the River Saint Peter's, established on their Indian frontiers, along the line of boundary with British North America." On the other hand, Mr. Thomas Simpson, an officer of the Hudson's Bay Company, in his interesting account of the discoveries etfected by himself and his companion, Dease, in 1838 and 1S39, states that the settlers on the Red River have " found out the only practicable outlet for their cattle and grain, in the fine level plains leading to the Mississippi and the St. Peter's, where there is a promise of a sufficient market among the Americans," particularly as " the bulky nature of the exports, a long and dangerous navigation to Hudson's Bay, and above all, the roving and indolent habits of the half-breed race, who form the mass of the po- pulation, and love the chase of the butfalo better than the drudgery of agriculture, or regular industry, seem to preclude the possibility of this colony rising to im-* portance." He moreover adds, that the Scotch, who compose a small, but the only useful portion of the community, carefully avoid all amalgamation with the others ; in order to prevent which, they generally retire to the United States, so soon as they have by industry and economy accumulated a moderate amount of property. There being fortunately no prospect of " difficulties occurring between Great Britain and the United States," we may hope that the little colony on the Red River, will flourish, and profit by its vicinity to the great state of Iowa. 51 402 AMERICAN CITIZENS IN OREGON. [1844. hemp, flax, and some other vegetables, ajid grass for cattle, tolerably well, and it may be considered fertile when compared with other parts of the continent situated so far north : it is, however, deficient in wood, and notwithstanding all the advantages held out to the inhabitants, there is no prospect that it will ever become profitable or useful, either to the Hudson's Bay Company or to the British government, in any way ; and least of all, " in the event of diffi- culties occurring between Great Britain and the United States of America," to provide for which seems to be one of the objects of the Company in fostering it. There is no reason to believe that the British government has made grants of any nature in the countries weSt of the Rocky Mountains, except that to the Hudson's Bay Company, which is merely a license to use those countries, in common with American citizens. The company has however allowed many settlements to be formed by- its retired servants; and has also encouraged associ- ations of British subjects, its own servants and others, to make es- tablishments for farming and grazing on a large scale. The earliest of these establishments were in the valley of the Willamet, south of the Columbia, where the British were soon outnumbered by the Americans, and now compose a very inconsiderable part of the population. The larger establishments, besides those at Fort Van- couver, are situated in the prairies about Bulfinch's Harbor, and around Nasqually, one of the Company's posts at the southern extremity of Puget's Sound, and near the head waters of the Cow- elitz River, midway between Nasqually and Vancouver. On what terms these establishments have been founded is not publicly known ; it may however be supposed that they would not have been undertaken without some assurance from the British Govern- ment, that the persons interested would be maintained and pro- tected, or in any event be indemnified for their expenses and labors. Of the American citizens in Oregon very little can be said as yet. They are all engaged in agriculture and other matters immediately connected with that branch of industry ; and according to the most recent accounts, have established for themselves a provisional system of government, according to the constitution of their native republic. With their neighbors of tlie Hudson's Bay Company, they seem to live on good terms, and will probably so continue as long as the Columbia River separates the territories occupied by the two parties. The Americans will have no objection to settlers from any quarter : but it may be doubted whether their attempts to extend their estab- 1845.] AMERICAN CITIZENS IN CALIFORNIA. 403 lishments and laws to the country north of that river will be quietly borne by the British ; and it is scarcely possible that the two populations should remain at peace much longer, without some change in the relations of their governments, with regard to that part of the world. In California, the number of xYmericans is large and is daily in- creasing, particularly in the region north of the Bay of San Francisco, formerly occupied by the Russians, who, in 1841, ceded all their property and claims to a company composed chiefly of citizens of the United States. The Americans seem to live on very good terms with the Mexicans, and to give themselves little concern about the government, of the unfriendly feelings of which towards them, they are occasionally reminded, by a decree for their expulsion. These decrees, the Governor of the Territory contents himself with pro- claiming, as it would be madness in him to attempt to enforce them, whilst he is obliged to depend almost entirely on the Americans, to suppress the incursions of the surrounding Indians. When it is also remembered, that Monterey is as far from the capital, and centre of ef- fective power in Mexico as Washington, it appears very improbable, if not impossible, that California should long remain in the hands of its present owners. Offers have more than once been made by the United States to purchase it, at prices which may be termed liberal ; but they have been always rejected by Mexico ; and similar propo- sitions have, it is said, been presented on the part of Great Britain. That the United States will quietly submit to the transfer of this territory to any other power, is not to be expected ; and the Mexi- can government should be well assured of support, before it ventures to consummate such an act. On reviewing dispassionately the agricultural, commercial, and other economical advantages of Oregon, there appears to be no reason founded on such considerations, which should render either of the powers claiming the possession of that country anxious to occupy it immediately, or unwilling to cede its own pretensions to others for a moderate compensation. But political considerations, among which are always to be reckoned not only those proceeding from just, patriotic, and philanthropic views, but also those which are the offspring of national and individual ambition, jealousy and hatred, ever have proved, and doubtless will in this case prove par- amount to the others. It is the unobjectionable, and indeed im- perative pohcy of the United States, to secure the possession of those territories, in order to provide places of resort and refresh- 404 CONCLUSION. [1845. ment for their numerous vessels, engaged in the trade and fishery of the Pacific, particularly as there is a prospect that they may in time be excluded from the Sandwich Islands ; and also to prevent those territories from falling into the hands of any other power, which might direct against their western frontiers the hordes of Indians roving through the middle and \vesternmost divisions of the continents. Great Britain, on the other hand, can have no motive for opposing the occupation of Oregon by the United States, except that of checking their advancement, by excluding their vessels from the Pacific, and by maintaining an influence deleterious to their interests and safety, over the savages in their vicinity. Great Britain, at present, possesses the advantage, as regards the forcible and temporary occupation both of Oregon and California, where a few ships of war stationed in the Bay of San Francisco, the Columbia, and Puget's Sound, might doubtless control the Amer- ican settlements, all necessarily situated in the vicinity of the coast, and receiving nearly all their supplies of foreign articles by sea. But that she should, within any period which it is now pos- sible to foresee, furnish a population to the regions in question, there are certainly no grounds for supposing. Her provinces in America have no redundance of inhabitants ; and what induce- ments can be offered in good faith to her subjects in Europe, for undertaking a voyage of six months to the Columbia, or a voyage to Canada and a subsequent journey of four thousand miles through her wild and frozen Indian territories, so long as the West Indies, Southern Africa, Australia, New Zealand, and, lastly — the United States — are open to them ? The difficulties experienced by American citizens, in their passage to Oregon, along the valleys of the Platte and the Lewis, great though they may be at present, sink into insignificance, when compared with those which British sub- jects must encounter, in proceeding to that country, by either of the routes above indicated : and the contrast becomes still stronger, when we compare the character and habits of Americans, trained from their childhood to struggle and provide against the hardships and privations incident to the settlement of a new country, with those of Europeans, accustomed only to a routine of labor the most simple, and the least calculated to nourish energies or to stimulate invention. END OF THE HISTORY, PROOFS AND ILLUSTRATIONS. PIIOOES AND ILLUSTRATIONS. A. Original Account of the Voyaoe of the Greek Pilot Juan DE FucA along the North-West Coasts of America, in 1592. A Note made hy vie, Michael Loch the elder, touching the Strait of Sea commonhj called Fretuni Anian, in the South Sea, through the North- West Passage q/'Meta Incognita.* When I was at Venice, in April, 1596, haply arrived there an old man, about sixty years of age, called, commonly, Juan de Fura, but named properly Apostolos Valerianus, of nation a Greek, born in Cepha- lonia, of profession a mariner, and an ancient pilot of ships. This man, being come lately out of Spain, arrived first at Leghorn, and went thence to Florence, where he found one John Douglas, an Englishman, a famous mariner, ready coming for Venice, to be pilot of a Venetian ship for England, in whose company they came both together to Venice. And John Douglas being acquainted with me before, he gave me knowledge of this Greek pilot, and brought him to my speech; and, in long talks and conference between us, in presence of John Douglas, this Greek pilot declared, in the Italian and Spanish languages, thus much in effect as followeth : — First, he said that he had been in the West Indies of Spain forty years, and had sailed to and from many places thereof, in the service of the Spaniards. Also, he said that he was in the Spanish ship which, in returning from the Islands Philippinas, towards Nova Spania, was robbed and taken at the Cape California by Captain Candish, Englishman, whereby he lost sixty thousand ducats of his own goods. Also, he said that he was pilot of three small ships which the viceroy of Blexieo sent from Mexico, armed with one hundred men, under a cap- tain, Spaniards, to discover the Straits of Anian, along the coast of the South Sea, and to fortify in that strait, to resist the passage and proceed- ings of the English nation, which were feared to pass through those * Extracted from the Pilgrims of SDmuel Purchas, vol. iii. p. 849. The orthogra- pliy of Uie Kiiglish ia modernized. Tlio letters inserted are, however, given in tlieir original lingua Franca. See p. tiff of the History. 408 PROOFS AND ILLUSTRATIONS. [A. Straits into the South, Sea ; and that, by reason of a mutiny which hap- pened among the soldiers for the misconduct of their captain, that voyage was overthrown, and the ship returned from California to Nova Spania, without any thing done in that voyage ; and that, after their return, the captain was at 3Iexico punished by justice. Also, he said that, shortly after the said voyage was so ill ended, the said viceroy of Mexico sent him out again, in 1592, with a small caravel and a pinnace, armed with mariners only, to follow the said voyage for the discovery of the Straits of Anion, and the passage thereof into the sea, which they call the North Sea, which is our north-west sea ; and that he followed his course, in that voyage, west and north-west in the South Sea, all along the coast of Nova Spania, and California, and the Indies, now called North America, (all which voyage he signified to me in a great map, and a sea card of mine own, which I laid before him,) until he came to the latitude of 47 degrees; and that, there finding that the land trended north and north-east, with a broad inlet of sea, between 47 and 48 degrees of latitude, he entered thereinto, sailing therein more than twenty days, and found that land trending still sometime north-west, and north-east, and north, and also east and south-eastward, and very much broader sea than was at the said entrance, and that he passed by divers islands in that sail- ing; and that, at the entrance of this said strait, there is, on the north- west coast thereof, a great headland or island, with an exceeding high pinnacle, or spired rock, like a pillar, thereupon. Also, he said that he went on land in divers places, and that he saw some people on land clad in beasts' skins ; and that the land is very fruit- ful, and rich of gold, silver, pearls, and other things, like Nova Spania. And also, he said that he being entered thus far into the said strait, and being come into the North Sea already, and finding the sea wide enough every where, and to be about thirty or forty leagues wide in the mouth of the straits where he entered, he thought he had now well dis- charged his office ; and that, not being armed to resist the force of the savage people that might happen, he therefore set sail, and returned home- wards again towards Nova Spania, where he arrived at Acapulco, anno 1592, hoping to be rewarded by the viceroy for this service done in the said voyage. Also, he said that, after coming to Mexico, he was greatly welcomed by the viceroy, and had promises of great reward ; but that, having sued there two years, and obtained nothing to his content, the viceroy told him that he should be rewarded in Spain, of the king himself, very greatly, and willed him, therefore, to go to Spain, which voyage he did perform. Also, he said that, when he was come into Spain, he was welcomed there at the king's court; but, after long suit there, also, he could. not get any reward there to his content; and therefore, at length, he stole away out of Spain, and came into Italy, to go home again and live among his own kindred and countrymen, he being very old. Also, he said that he thought the cause of his ill reward had of the Spaniards, to be for that they did understand very well that the English nation had now given over all their voyages for discovery of the north- west passage ; wherefore they need not fear them any more to come that way into the South Sea, and therefore they needed not his service therein any more. Also, he said that, understanding the noble mind of the queen of A.] PROOFS AND ILLUSTRATIONS. 409 England, and of her wars against the Spaniards, and hoping that her majesty would do him justice for liis goods lost by Captain Candish, he would be content to go into England, and serve her majesty in that voyage for the discovery perfectly of the north-west passage into the South Sea, if she would furnish him with only one ship of forty tons' burden, and a pinnace, and that he would perform it in thirty days' time, from one end to the other of the strait ; and he willed me so to write to England. And, upon conference had twice with the said Greek pilot, I did write thereof, accordingly, to England, unto the right honorable the old Lord Treasurer Cecil, and to Sir Walter Raleigh, and to Master Richard Hak- luyt, that famous cosmographer, certifying them hereof. And I prayed them to disburse one hundred pounds, to bring the said Greek pilot into England with myself, for that my own purse would not stretch so wide at that time. And I had answer that this action was well liked and greatly desired in England ; but the money was not ready, and therefore this action died at that time, though the said Greek pilot, perchance, liveth still in his own country, in Crphalonia, towards which place he went within a fortnight after this conference had at Venice. And, in the mean time, while I followed my own business in Venice, being in a lawsuit against the Company of Merchants of Turkey, to re- cover my pension due for being their consul at 'Aleppo, which they held from me wrongfully, and when I was in readiness to return to England, I thought I should be able of mv own purse to take with me the said Greek pilot; and therefore I wrote unto him from Venice a letter, dated July, 159G, which is copied here under : — * " Al Mag"- Sig"* Capitan Juan de Fuca, Piloto de India, amigo mio char™' en Zefalonia. " MUY HONRADO SeNNOR, " Siendo yo para buelverme en Inglatierra dentre de pocas mezes, y accuerdandome de lo trattado entrc my y V. M. en Venesia sobre el viagio de las Indias, me ha parescido bien de scrivir esta carta a V. M. para que se tengais animo de andar con migo, puedais escribirme presto en que maniera quereis consertaros. Y puedais embiarmi vuestra carta con esta nao Ingles, que sta al Zante (sino hallais otra coiuntura raeior) con el sobrescritto que diga en casa del Sennor Eleazar Hyc- nian, mercader Ingles, al tragetto de San Tomas en Venisia. Y Dios guarde la persona de V. M. Fecha en Venesia al primer dia de Julio, 1596 annos. ,, a • j tt- t\t " Amigo de V. M., ., ,f j t j » ° ' ' Michael Lock, Ingles. * To the Magnificent Captain Juan de Fuca, Pilot of the Indies, my most dear friend in Cephalonia. INloST HoNORKD SiR, Being about to return to England in a fow months, and recollecting what passed between you and myself, at Venice, respecting the vo3-age to the Indies, I have thought proper to write you this letter, so that, if you have a mind to go with me, you can write me word directly how you wisli to arrange. You may send me your letter by this English vessel, which is at Z;inte, (if you should find no better op- portunity,) directed to the care of Mr. Eleazer liyckman, an English merchant, St Thomas Street, Venice. God preserve you, sir. Your friend, MicH.^.EL Lock, nf England. Ve.vice, July 1st, 1596. 50 410 PROOFS AND ILLUSTRATIONS. [A, And I sent the said letter from Venice to Zante in the ship Cherubin ; and, shortly after, I sent a copy thereof in the ship Minion, and also a third copy thereof by Manea Orlando, patron de nave Venetian. And unto my said letters he wrote me answer to Venice by one letter, which came not to my hands, and also by another letter, which came to my hands, which is copied here under : — * " Al 111"""* Sig°"'- Michael Lock, Ingles, in casa del Sig"'- Lasaro, merca- der Ingles, al tragetto de San Tomas en Venesia. "MuY Illustre Sig""-, " La carta de V. M. recevi a 20 dias del mese di Settembre, por loqual veo loche V. M. me manda. lo tengho animo de complir loche tengo promettido a V. M. y no solo yo, mas tengo vinte hombres para lievar con migo, porche son hombres vaglientes; y assi estoi esperando por otra carta che avise a V. M. parache me embiais los dinieros die tengo escritto a V. M. Porche bien save V. M. como io vine pover, porque me glievo Captain Candis mas de sessenta mille ducados, como V. M. bien save; embiandome lo dicho, ire a servir a V. M. con todos mis com- pagneros. I no spero otra cosa mas de la voluntad e carta de V. M. con tanto nostro Sig"''- Dios guarda la illustre persona de V. M. muchos annos. De Ceffidonia a 34 de Settembre del 1596. " Amigo y servitor de V. M., " Juan Fuca." And the said letter came into my hands in Venice, the 16th day of November, 1596; but my lawsuit with the Company of Turkey was not ended, by reason of Sir John Spenser's suit, made in England, at the queen's court, to the contrary, seeking only to have his money discharged which I had attached in Venice for my said pension, and thereby my own purse was not yet ready for the Greek pilot. And, nevertheless, hoping that my said suit would have shortly a good end, I wrote another letter to this Greek pilot from Venice, dated the 20th of November, 1596, which came not to his hands, and also another letter, dated the 24th of January, 1596, which came to his hands. And thereof he wrote me answer, dated the 28th of May, 1597, which I received the 1st of August, 1597, by Thomas Norden, an English merchant, yet living in London, wherein he promised still to go with me unto England, to perform the said voyage for discovery of the north-west passage into the South Sea, if I would send him money for his charges, according to his * To the Illustrious Michael Lock, Engrlisliman, at the liouse of Mr. Lazaro, English merchant, in St. Thomas Street, Venice. Most Illustrious Sir, Your letter was received b}' me on the 20th of September, by which I am informed of what you communicate. I have a mind to comply with my promise to yon, and liave not only myself, but twenty men, brave men, too, whom I can carry with me; so I am waiting for an answer to another letter which I wrote you, about the money which I asked you to send me. For you know well, sir, how I be- came poor in consequence of Captain Candish's having taken from me more than sixty thousand ducats, as you well know. If you will send me what I asked, I will go with you, as well as nil my companions. I ask no more from your kindness, as shown by your letter. God preserve you, most illustrious sir, for many j'ears. Your friend and servant, Juan Fuca. Cephalonia, September 2-Uh, 1506. B.] rROOFS AND ILLUSTRATIONS. 411 former writing, without whicli money he said he could not go, for that as he was undone utterly when he was in the ship Santa Anna, wiiich came from China, and was ro!)l)ed at California. And yet again, afterward, I wrote him another letter iVoin Venice, whereunto he wrote nie answer by a letter written in his Greek language, dated the 20th of October, 1598, the which I have still by me, wherem he promiseth still to go with me into England, and perform the said voyage of discovery of the north-west passage into the South Sea by the said straits, which he calleth the Strait of Nova Spania, which he saith is but thirty days' voyage in the straits, if I will send him the money formerly written for his charges; the which money I could not yet send him, for that I had not yet recovered my pen- sion owing me by the Company of Turkey aforesaid; and so, of long time, I stayed any further proceeding with him in this matter. And yet, lastly, wiien I myself was at Zante, in the month of June, 1G02, minding to pass from thence for England by sea, for that 1 had then recovered a little money from the Company of Turkey, by an order of the lords of the Privy Council of England, I wrote another letter to this Greek pilot, to Cephalonia, and required him to come to me to Zante, and go with me into England, but I had no answer thereof from him; for that, as I heard afterward at Zante, he was then dead, or very likely to die of great sickness. Whereupon, I returned myself, by sea, from Zante to Venice, and from thence I went, by land, through France, into England, where I arrived at Christmas, anno 1G02, safely, I thank God, after my absence from thence ten years' time, with great troubles had for the Com- pany of Turkey's business, which hath cost me a great sum of money, for the which I am not yet satisfied of them. B. Furs and the Fur Trade. Fur, strictly speaking, is the soft, fine hair which forms the natural clothing of certain animals, particularly of those inhabiting cold countries. In commerce, however, the word is understood to mean the skin of the animal, with the hair attached, either before or after, but generally after, it has been rendered soft and pliable, by a peculiar process, called dress- ing. The undressed skins are commoidy called peltry: h\it fur and peltry are employed as synonymous terms ; and the word fur, in com- merce, is generally to be understood as peltry. The skins of seals, bears, wolves, lions, leopards, buffaloes, &,c., are also placed under the denomi- nation o( furs, in commerce. Skins must have formed the first clothing of man in cold countries ; and, at the present day, they constitute the whole or the greater part of the dress of many millions of individuals. For this purpose, the skin, with or without the fur, is employed as cloth would be; or the fur alone is converted by art into the peculiar substance called fdt, of which hats are made. 412 PROOFS AND ILLUSTRATIONS. [B, Furs differ in value, according to the fineness, the length, the thick- ness, and the color, of their hair. The most precious is that of the ermine, a species of weasel; it is thick, soft, fine, and of dazzling white- ness, except the tip of the tail, which is of a glossy black color, and is used to form spots on the skin. Of great value, also, are the skins of the marten, the sable, the fiery fox, the silver fox, and the black fox ; after ■which come those of the sea otter, the beaver, the seal, and — though fiir inferior to the others — of the muskrat, the raccoon, the fox, the weasel, &c. Of these, the ermine is, as before said, the most precious ; the muskrat is that of which the greatest quantity is collected ; while the aggregate value of the beaver skins annually consumed among civilized nations is greater than that of all the other furs together. The finer furs are principally used in Russia, Turkey, and China, — in the latter country especially, where they form important portions of the dress of every rich, noble, or ostentatious person. In Europe, and in the United States, furs are also much worn in the shape of caps, muffs, and trimmings. The greatest consumption of the inferior furs is in the man- ufacture of hats, which is of comparatively modern date, and, as well as the use of those articles, is confined almost entirely to Europe and America. The furs mostly used for this purpose are those of the beaver, the otter, the nutria, (an animal resembling the beaver, found in Patago- nia,) and the muskrat; but the greater number of hats are composed chiefly of wool, with or without a slight covering of fur. Nearly all the furs now brought into commerce are procured from the countries north of the 40th parallel of north latitude, through the agency of the British Hudson's Bay Company, or of the Russian American Company, or by various private associations and individuals in the United States. Of those obtained in the Russian dominions, some are carried over land to China, others also over land to Europe, and the remainder by sea to Europe. Those found in the territories of the United States are nearly all carried to New York, from which portions are sent to London or to Canton. The furs collected in the parts of America possessed or claimed by Great Britain, are mostly shipped for London, either at Mont- real, or at York Factory on Hudson's Bay, or at Fort Vancouver, at the head of navigation of the Columbia River. The southern hemisphere supplies scarcely any furs, except those of the nutria, of which consid- erable quantities are brought from Buenos Ayres to New York or to London. London is undoubtedly the most extensive mart for furs in the world, and New York is probably the second; of the others, the princi- pal are Leipsic, Nijney-Novogorod on the VVolga, Kiakta on the boun- dary line between Russia and China, and Canton. Of the value of the furs thus annually brought into trade, it is impossible to form an exact estimate. According to a rough calculation, the amount received by the first collectors, for the skins in their undressed state, is about three mil- lions of dollars; but they afterwards pass through many hands, so that the price is much enhanced before they reach the actual consumer. The fur trade has been, hitherto, very profitable to those engaged in it; but it is now, from a variety of causes, declining every where. The in- crease in the number of persons employed in the pursuit, and the spread of civilized population over the countries from which the furs are chiefly procured, are rapidly diminishing the number of the animals; so that, in many countries in which they formerly abounded, not one can be obtained C] PROOFS AND ILLUSTRATIONS. 413 at the present day. This diminution in the amount of the article offered has not, however, increased the jjrice ; as other articles, composed of silk, wool, or cotton, are substituted for furs, with advantage, both as to com- fort and cheapness. For particulars with regard to the manner in which the fur trade of the northern parts of America is conducted, see the accounts of the Russian American Company's establisiuncnts and system, in the Geographical Sketch, and in chap. xii. of the History, and the view of the Hudson's Bay Company's proceedings, in chap, xviii. Respecting the furs them- selves, minute information may be derived from an article on the subject by Mr. Aiken, in the Transactions of the Society for the Encouragement of Arts, Manufactures, and Commerce, published at London in 1830, as also from a similar article, by Professor Silliman, in the American Jour- nal of Science and Art for i\pril, 1834, and from the article on furs in McCulloch's Dictionary of Commerce. c. Correspondence between the Spanish Commandant and Com- missioner AT Nootka Sound and the Masters of the American trading Vessels Columbia and Hope, respecting the Occurrences at that Place in the Summer of 1789.* Translation of thr Letter from the Spanish Commandant to Captains Robert Gray and Joseph Ingraham. Nootka, Jlugust 2d, 1792. In order to satisfy the court of England, as is just, for the injury, dam- ages, and usurpation, which it conceives itself to have sustained at this port, in the year 1789, I have to request of you, gentlemen, the favor to inform me, with that sincerity which distinguishes you, and which is conformable with truth and honor, for what reason Don Esteban .lose Martinez seized the vessels of Colnett, [called] the Ipliigenia and the North-West America? What establishment or building had Mr. Meares on the arrival of the Spaniards'? What territories are those which he says that he purchased from Maquinna, Yuquiniarri, or other chief of these tribes 1 With what objects were the crew of the North-West America transferred to the Columbia, and ninety-six skins placed on hoard that ship? Finally, what was the whole- amount of skins carried by you to China, and to whom did they belong? Your most obedient and assured servant, Juan Francisco i>k la Bodega y Q,uadra. * The letter of Grav and Ingraham is copied from ln. The principles laid down cannot be adapted to the case. The vessels detained attempted to make an establishment at a port where they found a nation actually settled, the Spanish commander at Nootka having, previous to their detention, made the most amicable represen- tations to the aggressors to desist from their purpose. Your excellency will also permit me to lay before you, that it is not at all certain that the vessels detained navigated under the British flag, although they were English vessels ; there having been reason to believe that they navigated under the protection of Portuguese passports, fur nislied them by the governor of Macao as commercial vessels, and not belonging to the royal marine. Your excellency will add to these rea- sons, that, by the restitution of these vessels, their furniture and cargoes, or their value, in consequence of the resolution adopted by the viceroy of Mexico, which has been approved of by the king, for the sake of peace, every thing is placed in its original state, the object your excellency aims at — nothing remaining unsettled but the indemnification of losses, and satisfaction for the insult, which shall also be regulated when evidence shall be given what insult has been committed, which hitherto has not been sufficiently explained. However, that a quarrel may not arise about words, and that two nations friendly to each other may not be exposed to the calamities of war, I have to inform you, sir, by order of the king, that his majesty consents to make the declaration which your excellency proposes in your letter, and will offer to his Britannic majesty a just and suitable satisfac- tion for the insult offered to the honor of his flag, provided that to these are added either of the following explanations: 1. That, in offering such satisfaction, the insult and the satisfaction shall be fully settled, both in form and substance, by a judgment to be pronounced by one of the kings of Europe, whom the king, my master, leaves wholly to the choice of his Britannic majesty; for it is sufficient to the Spanish monarch that a crowned head, from full information of the facts, shall decide as he thinks just. 2. That, in oflTering a just and suitable satisfaction, care shall be taken that, in the progress of the negotiation to be opened, no facts be admitted as true but such as can be fully established by Great Britain with regard to the insult offered to her flag. 3. That the said satisfaction shall be given on condition that no inference be drawn therefrom to affect the rights of Spain, nor of the right of exacting from Great Britain an equivalent satisfaction, if it shall be found, in the course of negotiation, that the king has a right to demand satisfaction, for the aggression and usurpation made on the Spanish territory, contrary to subsisting treaties. Your excellency will be pleased to make choice of either of these three explanations to the declaration your excellency proposes, or all the three together, and to point out any difficulty that occurs to you, that it may be obviated ; or any other mode that may tend to promote the peace which we desire to establish. I have the honor to be, &c.. El Conde de Florida Blanca. D.] PROOFS AND ILLUSTRATIONS. 429 (^■) Spanish Declaration, and British Counter-Declaration, exchanged at Madrid on the 2ith of July, 1790. DECLARATION. His Britannic majesty having complained of the capture of certain vessels belonging to his subjects in the port of Nootka, situated on the north-west coast of America, by an ofhcer in the service of the king, — the undersigned counsellor and principal secretary of state to his majesty, being thereto duly authorized, declares, in the name and by the order of his said majesty, that he is willing to give satisfaction to his Britannic majesty for tlie injury of which he has complained, fuily persuaded that his said Britannic majesty would act in the same manner towards the king, under similar circumstances ; and his majesty further engages to make full restitution of all the British vessels which were captured at Nootka, and to indemnify the parties interested in those vessels, for the losses which they shall have sustained, as soon as the amount thereof shall have been ascertained. It being understood that this declaration is not to preclude or preju- dice the ulterior discussion of any right which his majesty may claim to form an exclusive establishment at the port of Nootka. In witness whereof, I have signed this declaration, and sealed it with the seal of my arms. At Madrid, the 24th of July, 1T90. (l. s.) Signed, Le Comte de Florida Blanca. counter-declaration. His Catholic majesty having declared that he was willing to give satisfaction for the injury done to the king, by the capture of certain vessels belonging to his subjects, in the bay of Nootka, and the Count de Florida Blanca having signed, in the name and by the order of his Catho- lic majesty, a declaration to this effect, and by which his said majesty likewise engages to make full restitution of the vessels so captured, and to indemnify the parties interested in those vessels for the losses they shall have sustained, — the undersigned ambassador extraordinary and plenipo- tentiary of his majesty to the Catholic king, being thereto duly and expressly authorized, accepts the said declaration in the name of the king, and declares that his majesty will consider this declaration, together with the performance of the engagements contained therein, as a full and entire satisfaction for the injury of which his majesty has complained. The undersigned declares, at the same time, that it is to be under- stood, that neither the said declaration signed by Count Florida Blanca, nor the acceptance thereof by the undersigned, in the name of the king, is to preclude or prejudice, in any respect, the right which his majesty may claim to any establishment which his subjects may have formed, or should be desirous of forming in future, at the said bay of Nootka. In witness whereof, I have signed this counter-declaration, and sealed it with the seal of my arms. At Madrid, the 24th of July, 1790. (l. s.) Signed, Alleyne Fitzherbert. 430 PROOFS AND ILLUSTRATIONS. [jjj. (8.) Decree of the National Convention of France, on the Subject of the Application of the King of Spain for Aid in resisting the Demands of Great Britain. Paris, August 6th, 1790. The National Assembly, deliberating on the formal proposition of the king, contained in the letter of the minister, dated the 1st of August, Decree, that the king be supplicated to make known to his Catholic majesty, that the French nation, in taking all proper measures to maintain peace, will observe the defensive and commercial engagements which the French government have previously contracted with Spain. They further decree that his majesty shall be requested immediately to charge his ambassador in Spain to negotiate" with the minister of his Catholic majesty to the effect of perpetuating and renewing, by a national treaty, the ties so useful to the two nations, and to fix with precision and clearness every stipulation which shall be strictly conformable to the views of general peace, and to the principles of justice, which will be forever the policy of the French. The National Assembly further taking into consideration the arma- ments of the different nations of Europe, their progressive increase, and the safety of the French colonies and commerce, decree, that the king shall be prayed to give orders that the French marine force in commission shall be increased to forty-five ships of the line, with a proportionate number of frigates and other vessels. E. Documents relative to the Discovery of the Columbia River by the Spaniards and the Americans. Extract from the Report of Captain Bruno Heceta, commanding the Spanish Corvette Santiago, in a Voyage along the North-West Coast of Ainerica, in 1775, containing the Particulars of his Discovery of the Mouth of the Great River, since called the Columbia* ORIGINAL. El dia diez y siete, [de agosto, 1775,] recorri la costa, hasta el grade cuarenta y seis; y vi que desde la latitud de cuarenta y siete grades y * From the original Report, preserved in the Hydrographical Office at Madrid, copied under the supervision of Don Martin Fernandes de Navarate, the chief of that department, whose certificate in proof of its authenticity is appended to the copy. — See p. 120 of this History. E.] PROOFS AND ILLUSTRATIONS. 431 cuarenta minutos, hasta la de cuarenta y seis grades cuareuta minutos, corria al angulo de diez y ocho, en el segundo cuadrante ; y desde esta graduacion, hasta la de cuarenta y seis, y ciiatro, al angulo de doce del mismo cuadrante, y con la misma sonda, playa y frondosidad, y algunos islotes, que la de los dias anteriores. La tarde de este dia, descubri una grande bahia, que la nombre de la Asuncion ; cuya figura representa el piano que va inserto en este diario; su latitud y amplitud esta sujeta a las demarcaciones mas exactas que ofrece la theorica y practica de esta carrera. Las latitudes de los cabos mas salientes de dicha bahia, particularmente la del Norte, esta calculada por la observacion de aquel dia. Habiendola llegado a flanquear a las seis de la tarde, y cuasi situada la fragata entre los dos Cabos, sonde en veinte y cuatro brazas, y eran tan rapidos los remolinos de las corrientes, que no obstante haber esforzado de vela, fue trabajoso el salir 6 seperarse del Cabo de mas al Norte, que es hacia la parte donde rhas se inclinaba la corriente, que tambien tenia su direccion al este, y con el dependia del flujo de la marea. Estas corrientes y hervidero de aguas me ban hecho creer sea desem- bocadura de algun gran rio 6 paso para algun otro mar. Si la latitud en que se situo la bahia no tubiera la constante prueba de la observacion de aquel dia creeria sin dificultad era este el paso descubierto el ano de 1592 por Juan de Fuca, que lo situan las cartas entre los grados de cuarenta y ocho grados y cuarenta y siete de latitud, donde no me queda duda, no se halla este estrecho, por haber estado fondeado el dia catorce de Julio, en el centre de estas latitudes, y registrado varias veces todas aquellas inmediaciones. No obstante la mucha diferencia de la situaclon de esta bahia, y el paso que cita de Fuca, se mi hace poco dificultoso el dudar, si es uno mismo; porque he observado, hay igual variedad 6 mayor, en las latitudes de otros cabos y puertos de esta costa, como los citare a su tiempo; y en todos, es mayor la latitud en que los fijan, que la que tiene sus verdaderas situaciones. El no haber entrado y fondeado en el puerto, que parece forma la que en el piano supongo isla, no obstante los vivos deseos que me asisten, fue porque, habiendo tomado parecer del segundo Capitan y practico Don Juan Perez, y piloto Don Christoval Revilla, insistieron en que no debia executar, porque, de dejar caer el ancla, no teniamos gente con que zarparla, y atender a la faena, que de esto resulta. Hecho cargo yo, de estas razones, y que para hacer rumbo al fondeadero, me era precise hechar la lancha al agua (unica embarcacion menor que tenia) esquifarla con catorce individuos de la tripulacion, lo menos, y que sin estos no podia empeiiarme, notando al mismo tiempo, era tarde, resolvi virar para fuera; y hallandome a la distancia de -tres 6 cuatro leguas, hice capa. Experimente esta noche vivas corrientes al S. O. que me imposibilitaron intentar recalar en esta bahia, la maiiana del dia siguiente, por estar muy sotavento. Tambien estas me hicieron consentir, en que en el reflujo, salia de aquella bahia, mucha cantidad de aguas. Los dos Cabos que cito en el piano, de San Rogue y del Frondoso corren al angulo de diez grados del tercer cuadrante ; ambos son escar- pados de tierra colorada con poca elevacion. El dia dies y ocho, demarque el Cabo Frondoso que cito, con otro que 432 PROOFS AND ILLUSTRATIONS. [E. le puse por nonibre de Falcon, situado en la latitud de cuarenta y cinco grades cuarenta y tres minutos; y corria al angulo de veinte y dos grados del tercer cuadrante ; y desde este cabo sigue la costa, al angulo de cinco grados, del segundo cuadrante. Esta es de tierra montuosa, no muy elevada, ni tan poblada de arboleda, coino la que induce los grados desde la latitud de cuarenta y ocho, treinta, hasta los cuarenta y seis. En la sonda, encontre notable diferencia; pues a distancia de siete leguas, sonde en ochenta y cuatro brazas, y acercandome a la costa, no halle algunas veces sonda ; lo que me ha hecho creer, hay algunos placeres 6 bancos de arena, sobre estas costas, pues tambien el color de las aguas lo denota asi. En algunas partes, acaba la costa en playa, y en otros acantilada. Una montana plana, que la llame de 3Icsa, hara que qualquier navegante se haga capaz de la situacion del Cabo Falcon, aunque no haya tenido observacion; por que esta en la latitud de cuarenta y cinco veinte y ocho minutos, v se deja ver de lejos por ser medianamente alta. TRANSLATION. On the 17th [ot August, 1775] I sailed along the coast to the 46th degree, and observed that, from the latitude of 47 degrees 4 minutes to that of 46 degrees 40 minutes, it runs in the angle of 18 degrees of the second quadrant,* and from that latitude to 46 degrees 4 minutes, in the angle of 12 degrees of the same quadrant ; the soundings, the shore, the wooded character of the country, and the little islands, being the same as on the preceding days. In the evening of this day, I discovered a large bay, to which I gave the name of Assumption Bay, and of which a plan will be found in this journal. Its latitude and longitude are determined according to the most exact means afforded by theory and practice. The latitudes of the two most prominent capes of this bay, especially of the northern one, are calculated from the observations of this day.t Having arrived opposite this bay at six in the evening, and placed the ship nearly midway between the two capes, I sounded, and found bottom in twenty-four brazas ;\ the currents and eddies were so strong that, notwithstanding a press of sail, it was difficult to get out clear of the north- ern cape, towards which the current ran, though its direction was east- ward, in consequence of the tide being at flood. These currents and eddies of the water caused me to believe that J:he place is the mouth of some great river, or of some passage to another sea. * The card of the Spanish compass was formerly divided into four quadrants, on which the points were counted by degrees. \ In the table accompanying the report, the position of the vessel is given on the 17th of August, as in latitude of 46 degrees 17 minutes, which is within one minute of the latitude of Cape Disappointment, (the Cape San Rogue of Heceta,) the northern point, at the entrance of the Columbia ; the longitude is made 15 dejjrees 38 minutes west of Cape San Lucas, the southern extremity of California, which is about a degree and a half too far west, yet remarkably near the truth, considering tliat the Spanisli navigator was obliged to depend entirely on the dead reckoning for his longitudes. t The Spanish hraza, or fathom, contains six Spanish feet, nearly equal to five feet nine inches English. E.] PROOFS AND ILLUSTRATIONS. 433 Had I not been certain of the latitude of this bay, from my observations of the same day, I might easily have believed it to be the p.iss;ige dis- covered by Juan de Fuca, in 150'2, which is placed on the charts between the 47 til and the 4Sth degrees ; where I am certain that no such strait exists; because I anchored on the 14th of July midway between these two latitudes, and carefully examined every thing around. Notwithstanding the great difference between the position of this bay and the passage mentioned by De Fuca, I have little difficulty in con- ceiving that they may be the same, having observed equal or greater differences in the latitudes of other capes and ports on this coast, as I shall show at its proper time ; and in all cases the latitudes thus assigned are higher than the real ones. I did not enter and anchor in this port, which in my plan I suppose to be formed by an island, notwithstanding my strong desire to do so; because, having consulted the second captain, Don Juan Perez, and the pilot, Don Christoval Revilla, they insisted that I ought not to attempt it, as, if we let go the anchor, we should not have men enough to get it up, and to attend to the other operations which would be thereby rendered necessary. Considering this, and also that, in order to reach the anchor- age, I shoidd be obliged to lower my long-boat, (the only boat that I had,) and to man it with at least fourteen of the crew, as 1 could not manage with fewer, and also that it was then late in the day, I resolved to put out; and at the distance of three or four leagues I lay to. In the course of that night, I experienced heavy currents to the south-west, which made it impossible for me to enter the bay on the following morning, as I was far to leeward. These currents, however, convinced me that a great quantity of water rushed from this bay on the ebb of the tide. The two capes which I name in my plan Cape San Roque * and Cape Frondoso,f lie in the angle of ten degrees of the third quadrant. They are both faced with red earth, and are of little elevation. On the 18th, I observed Cape Frondoso, with another cape, to which I gave the name of Cape Falcon, ^ situated in the latitude of 45 degrees 43 minutes, and they lay at the angle of 22 degrees of the third quadrant, and from the last-mentioned cape I traced the coast running in the angle of five degrees of tlie second quadrant. This land is mountainous, but not very high, nor so well wooded as that lying between the latitudes of 48 degrees 30 minutes, and 46 degrees. On sounding, I found great differences : at the distance of 7 leagues, I got bottom at 84 brazas ; and nearer the coast, I sometimes found no bottom; from which I am inclined to believe that there are reefs or shoals on these coasts, which is also shown by the color of the water. In some places, the coast presents a beach, in others it is rocky. A flat-topped mountain, which I named The Tablc,^ will enable any nav- igator to know the position of Cape Falcon without observing it ; as it is in the latitude of 45 degrees 28 minutes, and may be seen at a great dis- tance, being somewhat elevated. * Cape Disappointment. \ Cape Lookout. t Cape Adams. § Charke's Point of View. 55 434 PROOFS AND ILLUSTRATIONS. [E. (2.) Extract from the Second Volume of the Log-Book of the Ship Columbia^ of Boston, commanded hy Robert Gray, containing the Account of her Entrance into the Columbia River, in May, 1792.* Blay 7th, 1792, A. M. — Being within six miles of the land, saw an entrance in the same, which had a very good appearance of a harbor; lowered away the jolly-boat, and went in search of an anchoring-place, the ship standing to and fro, with a very strong weather current. At one, P. M., the boat returned, having found no place where the ship could anchor with safety ; made sail on the ship ; stood in for the shore. We soon saw, from our mast-head, a passage in between the sand-bars. At half past three, bore away, and ran in north-east by east, having from four to eight fathoms, sandy bottom ; and, as we drew in nearer between the bars, had from ten to thirteen fathoms, having a very strong tide of ebb to stem. Many canoes came alongside. At five, P. M., came to in five fathoms water, sandy bottom, in a safe harbor, well sheltered from the sea by long sand-bars and spits. Our latitude observed this day was 46 degrees 58 minutes north. 3Iay 10th. — Fresh breezes and pleasant weather; many natives along- side; at noon, all the canoes left us. At one, P. M., began to unmoor, took up the best bower-anchor, and hove short on the small bower-anchor. At half past four, (being high water,) hove up the anchor, and came to sail and a beating down the harbor. 31ay llth. — At half past seven, we were out clear of the bars, and directed our course to the southward, along shore. At eight, P. M., the entrance of Bulfinch's Harbor bore north, distance four miles ; the south- ern extremity of the land bore south-south-east half east, and the northern north-north-west; sent up the main-top-gallant-yard and set all sail. At four, A. M., saw the entrance of our desired port bearing east-south-east, distance six leagues; in steering sails, and hauled our wind in shore. At eight, A. M., being a little to windward of the entrance of the Harbor, bore away, and run in east-north-east between the breakers, having from five to seven fathoms of water. When we were over the bar, we found this to be a large river of fresh water, up which we steered. Many canoes came alongside. At one, P. M., came to with the small bower, in ten fathoms, black and white sand. The entrance between the bars bore west-south-west, distant ten miles; the north side of the river a half mile distant from the ship ; the south side of the same two and a half miles' distance; a village on the north side of the river west by north, distant three quarters of a mile. Vast numbers of natives came alongside ; people employed in pumping the salt water out of our water-casks, in order to fill with fresh, while the ship floated in. So ends. May 12^/t. — Many natives alongside; noon, fresh wind; let go the * This extract was made in 1816, by Mr. Bulfinch, of Boston, one of the owners of the Columbia, from the second volume of the log-book, which was then in the pos- session of Captain Gray's heirs, but has since disappeared. It has been frequently published in newspapers and reports to Congress, accompanied by the affidavit of Mr. Bulfinch to its exactness. — See p. 236 of the History. E.] PROOFS AND ILLUSTRATIONS, 435 best bower-anchor, and veered out on both cables ; sent down the niain- top-gallant-yard ; filled up all the water-casks in the hold. The latter part, heavy gales, and rainy, dirty weather. 3Iay Vith. — Fresh winds and rainy weather; many natives along- side ; hove up the best bower-anchor ; seamen and tradesmen at their various departments. May \4tth. — Fresh gales and cloudy; many natives alongside; at noon, weighed and came to sail, standing up the river north-east by east; we found the channel very narrow. At lour, P. M., we had sailed up- wards of twelve or fifteen miles, when the channel was so very narrow that it was almost impossible to keep in it, having from three to eighteen fathoms water, sandy bottom. At half past four, the ship took ground, but she did not stay long before she came off, without any assistance. We backed her off, stern foremost, into three fathoms, and let go the small bower, and moored ship with kedge and hawser. The jolly-boat was sent to sound the channel out, but found it not navigable any farther up ; so, of course, we must have taken the wrong channel. So ends, with rainy weather; many natives alongside. 3Iay I'yth. — Light airs and pleasant weather; many natives from different tribes came alongside. At ten, A. M., unmoored and dropped down with the tide to a better anchoring-place ; smiths and other trades- men constantly employed. In the afternoon. Captain Gray and Mr. Hos- kins, in the jolly-boat, went on shore to take a short view of the country. 3Iay Wth. — Light airs and cloudy. At four, A. M., hove up the anchor and towed down about three miles, with the last of the ebb-tide ; came into six fathoms, sandy bottom, the jolly-boat sounding the channel. At ten, A. M., a fresh breeze came up river. With the first of the ebb- tide we got under way, and beat down river. At one, (from its beimr very squally,) we came to, about two miles from the village, (Chinouk,) which bore west-south-west; many natives alongside; fresh o-ales and squally. 3Iay 17th. — Fresh winds and squally; many canoes alongside; calk- ers calking the pinnace; seamen paying the ship's sides with tar; painter painting ship; smiths and carpenters at their departments. 3Iay ISt/i. — Pleasant weather. At four in the mornins:, beoran to heave ahead; at half past, came to sail, standing down river with the ebb- tide; at seven, (being slack water and the wind fluttering,) we came to in five fathoms, sandy bottom ; the entrance between the bars bore south- west by west, distant three miles. The north point of the harbor bore north-west, distant two miles; the south bore south-east, distant three and a half miles. At nine, a breeze sprimg up from the eastward : took up the anchor and came to sail, but the wind soon came flutterino- acrain • came to with the kedge and hawser; veered out fifty fathoms. Noon, pleasant. Latitude observed, 46 degrees 17 minutes north. At one, came to sail with the first of the ebb-tide, and drifted down broadside with light airs and strong tide ; at three quarters past, a fresh wind came from the northward; wore ship, and stood into the river acrain. At four, came to in six fathoms; good holding-ground about six or seven miles up ; many canoes alongside. 3Iay lOth. — Fresh wind and clear weather. Early a number of canoes came alongside; seamen and tradesmen employed in their various departments. Captain Gray gave this river the name of Columbia's 436 PROOFS AND ILLUSTRATIONS. [F. River, and the north side of the entrance Cape Hancock, the south, Adaius's Point. May 2Qth. — Gentle breezes and pleasant weather. At one, P. M., (being full sea,) took up the anchor, and made sail, standing down river. At two, the wind left us, we being on the bar with a very strong tide, which set on the breakers; it was now not possible to get out without a breeze to shoot her across the tide ; so we were obliged to bring up in three and a half fathoms, the tide running five knots. At three quarters past two, a fresh wind came in from seaward ; we immediately came to sail, and beat over the bar, having from five to seven fathoms water in the channel. At five, P. M., we were out, clear of all the bars, and in twenty fathoms water. A breeze came from the southward; we bore away to the northward ; set all sail to the best advantage. At eight, Cape Han- cock bore south-east, distant three leagues ; the north extremity of the land in sight bore north by west. At nine, in steering and top-gallant sails. Midnight, light airs. 31ai/ 2\st. — At six, A. M., the nearest land in sight bore east-south- east, distant eight leagues. At seven, set top-gallant-sails and light stay- sails. At eleven, set steering-sails fore and aft. Noon, pleasant, agree- able weather. The entrance of Bulfinch's Harbor bore south-east by east half east, distant five leagues. F. Showing that the Forty-ninth Parallel of Latitude was not selected as the line of separation between the French and the British Territories in North America, BY Commissaries appointed agreeably to the Treaty of Utrecht.* Mr. Monroe, minister plenipotentiary of the United States in London, in his letter of September 5th, 1804, to Lord Harrowby, the British secre- tary for foreign affairs,t makes the following statement with regard to the adoption of the 49th parallel of latitude as the northern boundary of Lou- isiana : — " By the tenth article of the treaty of Utrecht, it is agreed that 'France shall restore to Great Britain the Bay and Straits of Hudson, together with all the lands, seas, sea-coasts, rivers, and places, situate in the said bay and straits, which belong thereto; and it is also agreed, on both sides, to determine, within a year, by commissaries to be forthwith named by each party, the limits which are to be fixed between the said Bay of Hudson and the places appertaining to the French, which limits both the British and French subjects shall be wholly forbid to pass over, or thereby to go to each other, by sea or by land : the same commissioners shall also have orders to describe and settle in like manner the boundaries between the * See p. 282 of the History. t Communicated to Congress, and published with President Jefferson's message of March 30th, 1808. F.] PROOFS AND ILLUSTRATIONS. 4JJ7 Other British and French colonies in those parts.' Commissaries were accordingly appointed by each power, who executed the stipulations of the treaty, in establishing the boundaries proposed by it. They lixed the northern boundary of Canada and Louisiana by a line beginning on the Atlantic, at a cape or promontory in 58 degrees 30 minutes north latitude, thence south-westwardly to the Lake Mistissin, thence farther south-west to the latitude of 49 degrees north from the equator, and along that line indefinitely." Mr. Monroe does not give his authority for the assertion respecting the adoption of this line by the commissaries ; he, however, most probably derived his information from the mnp of America attached to Postle- thwayt's Dictionary of Commerce, published in 1751, to which he alludes in other parts of his correspondence, and in which a line appears nearly as described by him, with a note on the map, saying, " The line that parts French Canada from British Canada was settled by commissaries, after the peace of Utrecht, making a curve from Davis's Inlet, in the Atlantic Sea, doion to the AS)th degree, through Lake Abitibis, to the North-West Ocean." In the Dictionary to which this map is attached, the limits of these territories are expressly declared to be undetermined. The map of North America, by Palairet and Delaroche, published at London in 1765, also gives the same line, without any note as to the manner in which it was adopted. In the map of the British Possessions in America, pub- lished by Bowen and Gibson in 1775, and in one or two other inferior maps, the 49th parallel is given as the southern limit of the Hudson's Bay Company's territories, from the vicinity of Lake Superior, westward to Red River, down which the boundary is continued to Lake Winnipeg. These are the only authorities, as yet discovered, for the belief that the 49th parallel was adopted as a boundary by commissaries appointed ac- cording to the treaty of Utrecht. On the other hand, Mitchell's great map of America, published in 1755 at London, under the patronage of the colonial department, presents a line drawn around Hudson's Bay, at the distance of about one hundred and fifty miles from its shore, as " the bounds of Hudson's Bay by the treaty of Utrecht ;" and the same line appears on the map of America accompanying Smollett's History of England, published in 1760, on that of Beimet, published in 1770, on that of Faden, in 1777, and on some other maps of that period. No line of separation whatsoever, between the Hudson's Bay territories and the French possessions in America, is to be found on the large and beautiful map of America by Henry Popple, published in 1738, also under the patronage of the colonial department, and bearing the stamp of the approbation of Dr. Halley, which is particularly minute in all that relates to the territories in question ; or on any of the maps in the atlas of Max- well and Senex, published in 1721, or in any of tliose attached to the volume of Boyer's Political State for 1721 — to the History of Hudson's Bay, by Dobbs — to the American Traveller, by Cluny — to the History of the British Empire in America, by Wynne — to Alcedo's Dictionary of America, or on many other maps, of inferior merit, which might be named. These discrepancies should not excite surprise ; for maps, and books of geography, which are most frequently consulted in relation to bounda- ries, are, or rather have been, the very worst authorities on such subjects ; 438 PROOFS AND ILLUSTRATIONS. [F. as they are ordinarily made by persons wholly unacquainted with political affairs. Of this, numerous examples may be cited from works of authors the most highly esteemed as geographers, even at the present day.* No allusion whatsoever to the settlement of any boundary line between the Hudson's Bay territories and the French dominions, by commissaries appointed agreeably to the treaty of Utrecht, is to be found in any of the following works, which have been carefully examined with reference to this question : viz. — Actes, Memoires, &c., concernant la Paix d'Utrecht, a voluminous work, published in 171G — Actes, Negotiations, &c., depuis la Paix d'Utrecht, 1745 — the collections of treaties and state papers by Dumont, Boyer, Martens, Jenkinson, and Herstlet — Collection des Edits, Ordonnances, &c., concernant le Canada — the histories of, and memoirs on, Louisiana, by Dumont, Le Page Dupratz, Vergennes, Marbois, and others — Memoires des Commissaires Francais et Anglais, sur les Pos- sessions, &c., des deux Couronnes en Amerique, 1754 — the works of Swift and of Bolingbroke — the Parliamentary History of England — and the Histories of England by Tindal, Smollet, Belsham, Mahon, or Wade. This is strong negative evidence. Anderson, in his elaborate History of Commerce, (vol. iii. p. 267,) thus pointedly denies that any such set- tlement of limits was effected agreeably to the provisions of the treaty of Utrecht : " Though the French king yielded to the queen of Great Britain, to be possessed by her, in fidl right, forever, the Bay and Straits of Hudson, and all parts thereof, and within the same then possessed by France, yet leaving the boundaries between Hudson's Bay and the north parts of Canada belonging to France to be determined by commissaries within a year, was, in effect, the same thing as giving up the point alto- gether ; it being well known, to all Europe, that France never permits her commissaries to determine matters referred to such, unless it can be done with great advantage to her. Those boundaries, therefore, have never yet been settled, though the British and French subjects are, by that article, expressly debarred from passing over the same, or thereby to go to each other, by sea or land. These commissaries were likewise to settle the boundaries between the other British and French colonies on * In a large and beautifully-engraved map of the United States, published at Piiila- delphia, in 1821, '■'from the most undouhted authorities, by — -i-\ '•'>' • , geographer and draughtsman,''^ the northern boundary of the United States west of the Mississippi is represented by a line drawn westward from the sources of that river, nearly under the latitude of 47 degrees and 40 minutes; the country north of this line being stated to be '■'in dispute beticecn Spain and Great Britain." Now, three years before this nisp appeared, the boundary between the United States and the British possessions in that part of America had been fixed by treaty, according to which, the dividing line fol- lowed the course of the 49t,h parallel ; and, two years before the date of the map, Spain had also, by treaty, ceded to the United States her rights to all territories in America north of the 42d parallel. These treaties had been published ; and it is scarcely credible that they should have been unknown to an American geographer engaged in preparing a map of the United States. Mistakes of the same kind, equally great, are, however, committed in Europe. In the Encyclopfedia of Geography, published at Edinbvirgh, in 1834, by Hugh Murray, and other scientific persons, we find it stated, (p. 1374,) that " the whole region west of the Rocky Mountains, e.x- tending between the 42d and the 49th parallels of latitude, has, bij discovery and treaty, been assigned to the United States ; " and a statement to the same effect may be found in the London Quarterly Review for January, 1822. These mistakes evidently arose from ignorance : but the same defence cannot be pleaded in all cases ; for maps have been drawn, and engraved, and colored, with a full knowledge of their falsehood, in order to forward the ends of governments or of individuals. G.] PROOFS AND ILLUSTRATIONS. 439 that continent, which, likewise, was never done." The same denial is transferred by Macpherson to his Annals of Commerce. The only evidence of the appointment of commissaries for the settlement of limits according to the treaty of Utrecht which has been discovered, is contained in a passage in Charlevoix's Histoire dc la Nouvdle France, of which the following is a translation : " France took no part in this dispute, [between the British and the Indians of Nova Scotia, in 1722,] in order to avoid giving the slightest pretext for interrupting the good understanding between the two nations, which had been restored with so much difficulty ; even the negotiations between the two courts for the set- tlement of boundaries ceased, although commissaries had been appointed, on both sides, for that object since 1719." G. Papers relative to the American Establishment of Astoria, ON THE Columbia River.* (!•) Letter from J. J. Astor, of New York, to the Honorable John Quincy Adams, Secretary of State of the United States.f f^ New York, Januanj Ath, 1823. I had the honor to receive your letter of the 24th ultimo. Indis- position has prevented my acknowledging the receipt thereof at an earlier period. You request information of arrangements made, at or about 1S14, by the North- West Company and citizens of the United States, by which that company became possessed of a settlement made at the mouth of Columbia River by citizens of the United States. The settlement to which you allude, I presume, is "Astoria," as I know of no other having been made at or near the mouth of that river. Several circumstances are alleged, as having contributed to the arrangement by which the North- West Company became in possession of that settlement, but chiefly to the misuse of the confidence which had been placed in Mr. McDougal, who, at the time the arrangement was made, and at the time my agent, Mr. Wilson P. Hunt, was absent, acted as sub-agent. I beg leave briefly to state, that, contemplating to make an establish- ment, at the mouth of Columbia River, which should serve as a place of depot, and give further facilities for conducting a trade across this conti- nent to that river, and from thence, on the range of north-west coast, &c., to Canton, in China, and from thence to the United States, arrano-e- raents were accordingly made, in 1810, for a party of men to cross the * See chap. xiv. of the History. t Documents accompanying President Monroe's message to Congress of January 27th, 1823. 440 PROOFS AND ILLUSTRATIONS. [G. continent for the Columbia River. At the same time, I fitted out the ship Tonquin, carrying twenty guns and sixty men, commanded by the late Captain Thorn, lieutenant in the United States navy. The ship sailed in September, 1810, having on board the means for making an establishment at Columbia, where she arrived on the 22d of March, 1811. They landed, found the natives friendly, and built a fort, erected a house, store, &c. This being accomplished, Captain Thorn left thirty men in possession of the place, to await the party who were to make the voyage over land ; these, also, happily arrived, though not till several months after. On or about the 1st of June, Captain Thorn left Columbia River, with a view to make some trade on the coast, and then to return to the river ; but, unfortunately. Thorn never returned. At about two hundred miles north of Columbia, he put in a bay to trade with the natives. Not at- tending to the precautions necessary, as he had been instructed to do, to guard against an attack, he suffered a whole tribe of Indians to come on board and about his ship. An attack was made ; he was overpowered : fire was communicated to the magazine, the ship was blown up, and every soul on board or near her perished. In 1811, I fitted out another ship, the Beaver, carrying twenty guns, with a duplicate cargo to the ship Tonquin, and sixty or seventy men. The Captain [Sowles] was instructed to sail for the Columbia River, and in search of the men who were sent across the continent, as also of the Tonquin. The Beaver sailed from this in October, 1811, arrived at Co- lumbia in May following, found the establishment, and landed such men, goods, provisions, &c., as the establishment was in need of My instruc- tions to the captain were, that, after supplying the establishment, he should proceed to Chatka,* a Russian settlement, for the purpose of trade, and then return to Columbia, take what furs we had, and proceed to Canton, and thence to New York. He accordingly left Columbia, (and, most unfortunately, Mr. Hunt, of Trenton, New Jersey, my chief agent, left the river with him,) sailed, as directed, for the Russian settlement, and effected their object; but, instead of following instructions to return to Columbia, he sailed direct for Canton, leaving Mr. Hunt at one of the Sandwich Islands, to await the arrival of another ship, which I had prom- ised to send from this in 1812. The ship Beaver arrived at Canton, and received there the news of the war. I had sent orders to the captain to return to Astoria; but he was fearful of being captured, and remained safely at Canton till the war was over, when he came home. In conse- quence of the war, I found it inconvenient to send a ship in 1812, but I did send one, the Lark, early in 1813, with directions to the captain to sail for Columbia River, and to stop at the Sandwich Islands for informa- tion. Being within a few days' sail of those islands, the ship, in a squall of wind, was upset, and finally drifted on the beach of one of those islands, a wreck, — ship and cargo totally lost. Here was met Mr. Hunt, who, after all the information he received, and my great desire to protect the establishment at Columbia River, procured an American vessel, took some provisions, sailed, and arrived in Columbia River. He there learned that Mr. McDougal had transferred all my property to the North-West Company, who were in possession of it by a sale, as he called it, for the sum of about fifly-eight thousand dollars, of which he retained fourteen * Sitka, or New Archangel, the chief establishment in Russian America. G.] PROOFS AND ILLUSTRATIONS. 441 thousand dollars, for wages said to be due to some of the men. From the price obtained for the goods, &c., and he having himself become interested in the purchase, and made a partner of the North- West Company, some idea may be formed as to this man's correctness of dealings. It will be seen, by the agreement (that of which I transmit a copy) and the invento- ry, that he sold to the North-West Company eighteen thousand one hundred and seventy and a quarter pounds of beaver at two dollars, which was at that time selling in Canton at five and six dollars ; nine hundred and seven otter skins at fifty cents, or half a dollar, which were selling at Canton at five to six dollars per skin. I estimated the whole property to be worth nearer two hundred thousand dollars than forty thousand dollars, about the sum I received in bills on Montreal. Previous to the transaction of McDougal, we had already established trading posts in the interior, and were in contact with the North-West Company. It is now to be seen what means have been used by them to counteract my plan. It is well known that, as soon as the Norlh-West Company had information of my intention and plan for conducting my commercial operations, they despatched a party of men from the interior, with a view to arrive before my people at Columbia. These men were obliged to return without effecting their object. In the mean time, representation was made to their government as to the proba- ble effect of my operations on their interest, and requesting to interfere in their behalf This being in time of peace, the government did not deem it advisable so to do. So soon, however, as war was declared, these representations were renewed, aid was asked from the government, and it was granted. The Phoebe frigate, and sloops of war Raccoon and Por- cupine, were sent from England, with orders to proceed to Columbia River, and destroy my property. They sailed from England early in Jan- uary, 1813. Arriving at Rio Janeiro, Admiral Dickson ordered the Phoebe frigate, with one of the sloops, to pursue Captain Porter in the frigate Eosex, and the sloop of war Raccoon, to the Columbia. She ar- rived there, took possession in the name of the king, and changed the name of the place from Astoria to Fort George. Previous to this, the North-West Company had despatched another or second pnrty of men to the Columbia. They arrived there in the absence of Mr. Hunt; McDou- gal gave them support and protection, and they commenced, after some time, to negotiate with this gentleman. The reasons assigned by him for his conduct will be seen by an extract of a letter said to have been sent by a Mr. Shaw, c-f the North-West Company, and of which I send you a copy. The plan by me adopted was such as must materially have affected the interest of the North-West and Hudson's Bay Companies, and it was easy to be foreseen that they would employ every means to counteract my operations, and which, as my impression, I stated to the executive of your department as early ;:s Feb- ruary, 1813, as will be seen by a copy of the sketch of a letter which I wrote to the secretary of state, and to which no reply was given. On re- peated application, some time after, aid was promised me; but I believe the situation of our country rendered it inconvenient to give it. You will observe that the nnme of the Pacific Fur Company is made use of at the commencement of the arrangements for this undertaking. I preferred to have it appear as the business of a company, rather than that of an individual ; and several of the gentlemen engaged — Mr. Hunt, Mr. Crooks, 56 442 PROOFS AND ILLUSTRATIONS. [G. Mr. McKay, McDougal, Stuart, &c. — were, in effect, to be interested as partners in the undertaking, so far as respected the profit which might arise: but the means were furnished by me, and the property was solely mine, and I sustained the loss, which, though considerable, I do not re- gret, because, had it not been for the unfortunate occurrence just stated, I should have been, as I believe, most richly rewarded; as it will be seen that the difference of price in the beaver and otter skins alone, say what I received, and the value of them at Canton at that time, is about sixty thousand dollars. The copy of the agreement, inventory, and extract of Shaw's letter, you will please return to me. I am, sir, &c., John Jacob Astor (2.) Agreement between the Agents of the Pacific Fur Company and the North- West Company, for the Transfer of the Establishments of the Former, on the Columbia River, to the Latter ; concluded on the \Qth of Octo- ber, 1813. The association heretofore carrying on the fur trade to the Columbia River and its dependencies, under the firm and denomination of the Pacific Fur Company, being dissolved, on the 1st of July last, by Duncan McDougal, Donald McKenzie, David Stuart, and John Clarke, with the intention to abandon the trade in that quarter, it is hereby agreed, concluded, and settled upon, of their own free will and consent, by Duncan McDougal, acting for himself and in behalf of his associates, namely, Donald McKenzie, David Stuart, and John Clarke, on the one part, and John George McTavish and John Stuart, acting for themselves and in behalf of the North-West Company, on the other part, that the following agreement and settlement take place between them, and be binding and obligatory in the manner, and subject to the terms and agree- ments, hereinafter specified and contained. Now, therefore, it is hereby mutually agreed and concluded, by and between the said parties to these presents, and they do hereby mutually covenant and agree, to and with each other, in manner following, that is to say : — Article 1. The party of the former part hereby covenants and agrees to deliver, or cause to be delivered, the whole of the establish- ments, furs, and present stock in hand, on the Columbia and Thomp- son's Rivers, as soon as the necessary inventories can be taken, unto the said party of the latter part, or any other person or persons appointed by them to represent the North-West Company, to receive the same at the prices and rates concluded and agreed upon as hereinafter specified, in article fourth. Art. 2. In consideration of article first being duly and faithfully performed by the party of the former part, they, the said John George McTavish and John Stuart, for themselves and on behalf of the North- West Company, do bind and oblige themselves and the said North-West Company, or their agents, to pay or cause to be paid, unto the said Duncan McDougal, acting for himself and in behalf of his associates, as before mentioned, his attorneys, assigns, or order, the amount of the sums arising from the sale, according to article first, and the rates hereinafter G.] PROOFS AND ILLUSTRATIONS. 443 specified in article fourth, at three several instalments ; the first one tihird on or before the 25th of October, 1814, the second one third on or before the 25th of November, and the remaining one third on or be- fore the 25th of December. And, further, it is hereby understood that, should the party of the former part find it convenient to leave the amount of the several drafts, after becoming payable, as already specified, in the hands of the parly of the latter part, or their agents, they, the said party of the latter part, or their agents, will allow interest at six per cent, until paid on demand ; and, as there are several moneys, the produce of their wages, due unto the people employed in the service of the late Pacific Fur Company, carrying on trade on the Columbia and Thompson's Rivers, the said party of the latter part, namely, John George McTavish and John Stuart, acting for themselves and the North-West Company, as their agents, do hereby bind and oblige themselves to pay, or cause to be paid, unto the several individuals employed by the party of the former part, the amount of the balances due to them, according to the statement that shall be delivered by the said Duncan McDougal, acting for himself and his associates, as before mentioned, within one month after their arrival at Montreal, in the province of Lower Canada; the amount of which several sums, so paid, is to be considered as part of, and deducted from, the first instalment, to be paid unto the said Duncan McDougal, acting for him- self and his associates, as before mentioned, his attorneys, assigns, or order, on or before the 25th of October, 1814. Art. 3. And, further, the said John George McTavish and John Stuart, acting for themselves and the North-West Company, will be at liberty to make a selection, and take into their service such of the peo- ple in the employment of the party of the former part as they may think proper ; in consideration of which, the said party of the latter part bind and oblige themselves to pay, or cause to be paid, unto the said party of the former part, the several sums due to them by such as may enter into the service of the party of the latter part : and the said party of the latter part further bind and oblige themselves to provide and insure a safe pas- sage to the said party of the former part, and the remaining part, that will not be taken into their service, to their respective homes. Art. 4. And, further, it is hereby agreed and concluded upon, by the said parties, that the following are the rates at which the establish- ments, furs, and stock on hand, be valued at, as follows : dry goods, sta- tionery, gunpowder, and leaf tobacco, fifty per cent, on the prime cost ; ship chandlery, sixty per cent. ; shot, ball, lead, iron, and steel, one hundred per cent. ; deduction on made-up iron works at Columbia River, thirty-three and one third per cent. ; new boats, each, ten pounds Halifax currency ; boats in use, each, five pounds Halifax currency ; shallop, with rigging complete, one hundred and twelve pounds ten shillings ; two black- smith's forges complete, twenty-five pounds; plug tobacco, one shilling and six pence per pound ; plug tobacco manufactured at Columbia, one shil- ling and three pence per pound; beads assorted, five shillings per pound; arms, cannon, &c., prime cost ; provisions at fixed prices ; articles in use, half inventory prices; horses, thirty shillings each; buildings, two hun- dred pounds; John.Reid's adventure, and Freeman's, in the vicinity of Snake country and Spanish River, to deduct one hundred per cent. ; beaver furs, ten shillings per pound; beaver coating, eight shillings and four pence per pound; muskrats, seven pence half-penny each; land 444 PROOFS AND ILLUSTRATIONS. [G. otters, two shillings and six pence each ; sea otters, large, sixty shillings each. And for the faithful performance of all and singular the said covenants and agreements, to be by them respectively kept and performed, all and every of the parties to these presents bind themselves, separately and jointly, for their several associates, firmly by these presents. In witness whereof, the parties to these presents have hereunto set their hands and seals, this 16th day of October, 1813, at the entrance of Columbia River, north-west coast of America. Duncan McDougal, J. G. McTavish, Witnesses. J. Stuart. John C. Hasley, Angus Bethune, Gabriel Franchere, James McMillan, Alfred Seaton, Joseph McGillivray. William Wallace, (3.) Account of the Capture of Astoria by the British Sloop of War Raccoon, Captain Black, in December, 1813. Extracted from "Adventures on the Columbia River, by John Ross Cox." The Isaac Todd sailed from London in March, 1813, in company with the Phoebe frigate, and the Cherub and Raccoon sloops of war. They arrived safe at Rio Janeiro, arid thence proceeded around Cape Horn to the Pacific, having previously made arrangements to meet at Juan Fernandez. The three men-of-war reached the latter island, after encountering dreadful gales about the cape : they waited there some time for the Tsnac Todd: but, as she did not make her appearance. Commo- dore Hillyer did not deem it prudent to'remain any longer inactive. He therefore, in company with the Cherub, proceeded in search of Commo- dore Porter, who, in the American frigate Essex, was clearing the South Sea of English whalers, and inflicting other injuries of a serious nature on our commerce ; he shortly after met the Essex at Valparaiso, and, after a severe contest, captured her. At the same time, he ordered Captain Black, in the Raccoon, to proceed direct to the Columbia, for the purpose of destroying the Ameri- can establishments at Astoria. The Raccoon arrived at the Columbia on the 1st of December, 1813. The surprise and disappointment of Captain Black and his o^icers were extreme, on learning the arrangement that had taken place between the two companies, by which the establishment had become British property. They had calculated on obtaining a splendid prize by the capture of Astoria, the strength and importance of which had been much magnified; and the contracting parties were therefore fortunate in having closed their bargain previous to the arrival of the Raccoon. On looking at the wooden fortifications. Captain Black ex- claimed, " Is this the fort about lohich I have heard so much? D — n me hut 1 'd batter it down in two hours ivith a four-pounder." Captain Black, however, took possession of Astoria in the name of his Britannic majesty, G.] PROOFS AND ILLUSTRATIONS. 445 and rebaptized it by the name of " Fort George.'" He also insisted on having an inventory taken of the valuable stock of furs, and all other property purchased from the American company, with a view to the adop- tion of ulterior proceedings in Eiigland for the recovery of the value from the North-West Company ; but he subsequently relinquished this idea, and we heard no more about his claims. The Indians at the moutli of the Columbia knew well that Great Britain and America were distinct nations, and that they were then at war, but were ignorant of the arrangement made between Messrs. McDou- gal and McTavish, the former of whom still continued as nominal chief at the fort. On the arrival of the Raccoon, which they quickly discovered to be one of "Kiiiff George's Jighting ships,'" they repaired, armed, to the fort, and requested an audience of Mr. McDougal. He was somewhat surprised at their numbers and warlike appearance, and demanded the object of such an unusual visit. Comcomly, the principal chief of the Chinooks, (whose daughter McDougal had married,) there- upon addressed him in a long speech, in the course of which he said that King George had sent a ship full of warriors, and loaded with nothing but big guns, to take the Americans and make them all slaves, and that, as they (the Americans) were the first white men who settled in their country, and treated the Indians like good relations, they had resolved to defend them from King George's warriors, and were now ready to conceal themselves in the woods close to the wharf, from whence they would be able, with their guns and arrows, to shoot all the men that should attempt to land from the English boats, while the people in the fort could fire at them with their big guns and rifles. This proposition was uttered with an earnestness of manner that admitted no doubt of its sincerity. Two armed boats from the Raccoon were approaching; and, had the people in the fort felt disposed to accede to the wishes of the Indians, every man in them would have been destroyed by an invisible enemy. Mr. McDou- gal thanked them for their friendly offer, but added, that, notwithstanding the nations were at war, the people in the boats would not injure him or any of his people, and therefore requested them to throw by their war shirts and arms, and receive the strangers as their friends. They at first seemed astonished at this answer; but, on assuring them, in the most positive manner, that he was under no apprehensions, they consented to give up their weapons for a few days. They afterwards declared they were sorry for having complied with Mr. McDougal's wishes ; for when they observed Captain Black, surrounded by his officers and marines, break the bottle of Port on the flag-staff, and hoist the British ensign, afl^er changing the name of the fort, they remarked that, however we might wish to conceal the fact, the Americans were undoubtedly made slaves; and they were not convinced of their mistake until the sloop of war had departed without taking any prisoners. 446 PROOFS AND ILLUSTRATIONS. [^^ H. DOCUMENTS RELATIVE TO THE NEGOTIATION IN 1826—7. * British Statement annexed to the Protocol of the sixth Conference, by 3Iessrs. Huskisson and Addiagton, Plenipotentiaries on the Part of Great Britain. The government of Great Britain, in proposing to renew, for a furtlier term of years, the third article of the convention of 1818, respecting the territory on the north-west coast of America, west of the Rocky Moun- tains, regrets that it has been found impossible, in the present negotiation, to agree upon aline of boundary which should separate those parts of that territory, which might henceforward be occupied or settled by the subjects of Great Britain, from the parts which would remain open to occupancy and settlement by the United States. To establish such a boundary must be the ultimate object of both countries. With this object in contemplation, and from a persuasion that a part of the difficulties which have hitherto prevented its attainment is to be attributed to a misconception, on the part of the United States, of the claims and views of Great Britain in regard to the territory in ques- tion, the British plenipotentiaries deem it advisable to bring under the notice of the American plenipotentiary a full and explicit exposition of those claims and views. As preliminary to this discussion, it is highly desirable to mark dis- tinctly the broad difference between the nature of the rights claimed by Great Britain and those asserted by the United States, in respect to the territory in question. Over a large portion of that territory, namely, from the 42d degree to the 49th degree of north latitude, the United States claim full and ex- clusive sovereignty. Great Britain claims no exclusive sovereignty over any portion of that territory. Her present claim, not in respect to any part, but to the whole, is limited to a right of joint occupancy, in common with other states, leaving the right of exclusive dominion in abeyance. In other words, the pretensions of the United States tend to the ejec- tion of all other nations, and, among the rest, of Great Britain, from all right of settlement in the district claimed by the United States. The pretensions of Great Britain, on the contrary, tend to the mere maintenance of her own rights, in resistance to the exclusive character of the pretensions of the United States. Having thus stated the nature of the respective claims of the two parties, the British plenipotentiaries will now examine the grounds on wliich those claims are founded. * These two documents, which were published with President Adams's Message to Congress of" December I2th, JS27, are here inserted in full, because reference is fre- quently made to them in the History, particularly to the British paper, the numerous misstatements in which are exposed and refuted. See page 347, and other pages, as specified in the notes. H.] PROOFS AND ILLUSTRATIONS. 447 The claims of the United States are urged upon three grounds : 1st. As resulting from their own jjrojjcr right. 2dly. As resulting from a right derived to them from Spain; that power having, by the treaty of Florida, concluded with the United States in 1819, ceded to the latter all their rights and claims on the western coast of America north of the 42d degree. odly. As resulting from a right derived to them from France, to whom the United States succeeded, by treaty, in possession of the province of Louisiana. The first right, or right proper, of the United States, is founded on the alleged discovery of the Columbia River by Mr. Gray, of Boston, who, in 1792, entered that river, and e.Kplored it to some distance from its mouth. To this are added the first exploration, by Lewis and Clarke, of a main branch of the same river, from its source downwards, and also the alleged priority of settlement, by citizens of the United States, of the country in the vicinity of the same river; The second right, or right derived from Spain, is founded on the alleged prior discovery of the region in dispute by Spanish navigators, of whom the chief were, 1st, Cabrillo, who, in lo4;5, visited that coast as far as 44 degress north latitude; 2d, De Fucn, who, as it is affirmed, in 1598, entered the straits known by his name, in latitude 49 degrees; 3d, Gualle, who, in 1582, is said to have pushed his researches as hicrh as 57 degrees north latitude; 4th, Perez, and others, who, between the years 1774 and 1792, visited Nootka Sound and the adjacent coasts. The third right, derived from the cession of Louisiana to the United States, is founded on the assumption that that province, its boundaries never having been exactly defined longitudinally, may fairly be as- serted to extend westward across the Rocky Mountains, to the shore of the Pacific. Before the merits of these respective claims are considered, it is necessary to observe that one only out of the three can be valid. They are, in fact, claims obviously incompatible the one with the other. If, for example, the title of Spain by first discovery, or the title of France as the original possessor of Louisiana, be valid, then must one or the other of those kingdoms have been the lawful possessor of that territory, at the moment when the United States claim to have discovered it. If, on the other hand, the Americans were the first discoverers, there is necessarily an end of the Spanish claim; and if priority of discovery constitutes the title, that of France falls equally to the ground. Upon the question, how far prior discovery constitutes a legal claim to sovereignty, the law of nations is somewhat vague and undefined. It is, however, admitted by the most approved writers that mere accidental discovery, unattended by exploration — by formally taking possession in the name of the discoverer's sovereign — by occupation and settlement, more or less permanent — by purchase of the territory — or receiving the sovereignty from the natives — constitutes the lowest degree of title, and that it is only in proportion as first discovery is followed by any or all of these acts, that such title is strengthened and confirmed. The rights conferred by discovery, therefore, must be discussed on their own merits. But before the Bi'itish plenipotentiaries proceed to comppje the relative 448 PROOFS AND ILLUSTRATIONS. [H. claims of Great Britain and the United States, in this respect, it will be advisable to dispose of the two other grounds of right, put forward by the United States. The second ground of claim, advanced by the United States, is the cession made by Spain to the United States, by the treaty of Florida, in 1819. If the conflicting claims of Great Brititin and Spain, in respect to all that part of the coast of North America, had not been finally adjusted by the convention of Nootka, in the year 1790, and if all the arguments and pretensions, whether resting on priority of discovei'y, or derived from any other consideration, had not been definitively set at rest by the signature of that convention, nothing would be more easy than to demonstrate that the claims of Great Britain to that country, as opposed to those of Spain, were so far from visionary, or arbitrarily assumed, that they established more than a parity of title to the possession of the country in question, either as against Spain, or any other nation. Whatever that title may have been, however, either on the part of Great Britain or on the part of Spain, prior to the convention of 1790, it was from thenceforward no longer to be traced in vague narratives of discoveries, several of them admitted to be apocryphal, but in the text and stipulations of that convention itself By that convention it was agreed that all parts of the north-western coast of America, not already occupied at that time by either of the con- tracting parties, should thenceforward be equally open to the subjects of both, for all purposes of commerce and settlement; the sovereignty remaining in abeyance. In this stipulation, as it has been already stated, all tracts of country claimed by Spain and Great Britain, or accruing to either, in whatever manner, were included. The rights of Spain on that coast were, by the treaty of Florida, in 1819, conveyed by Spain to the United States. With those rights the United States necessarily succeeded to the limitations by which they were defined, and the obligations under which they were to be exercised. From those obligations and limitations, as contracted towards Great Britain, Great Britain cannot be expected gratuitously to release those countries, merely because the rights of the party originally bound have been transferred to, a third power. The third ground of claim of the United States rests on the right supposed to be derived from the cession to them of Louisiana by France. In arguing this branch of the question, it will not be necessary to examine in detail the very dubious point of the assumed extent of that province, since, by the treaty between France and Spain of 1763, the whole of that territory, defined or undefined, real or ideal, was ceded by France to Spain, and, consequently, belonged to Spain, not only in 1790, when the convention of Nootka was signed between Great Britain and Spain, but also subsequently, in 1793, the period of Gray's discovery of the mouth of the Columbia. If, then, Louisiana embraced the country west of the Rocky Mountains, to the south of the 49th parallel of latitude, it must have embraced the Columbia itself, which that parallel intersects; and, consequently, Gray's discovery must have been made in a country avowedly already appropriated to Spain, and, if so appropriated, neces- 1 H.] PROOFS AND ILLUSTRATIONS. 449 sarily included, with all other Spanish possessions and claims in that quarter, in the stipulations of the Nootka convention. Even if it could be shown, therefore, that the district west of the Rocky Mountains was within the boundaries of Louisiana, that circum- stance would in no way assist the claim of the United States. It may, nevertheless, be worth while to expose, in a few words, the futility of the attempt to include that district within those boundaries. For this purpose, it is only necessary to refer to the original grant of Louisiana made to De Crozat by Louis XIV., shortly after its discovery by La Salle. That province is therein expressly described as " the country drained by the waters entering, directly or indirectly, into the Mississippi." Now, unless it can be shown that any of the tributaries of the Mississippi cross the Rocky Mountains from west to east, it is difficult to conceive how any part of Louisiana can be found to the west of that ridge. There remains to be considered the first ground of claim advanced by the: United States to the territory in question, namely, that founded on tlieir own proper right as first discoverers and occupiers of that territory. ■If the discovery of the country in question, or rather the mere en- trance into the mouth of the Columbia by a private American citizen, be, as the United States assert, (although Great Britain is far from admiltino- the correctness of the assertion,) a valid ground of national and exclusive claim to all the country situated between the 4'2d and 49th parallels of latitude, then must any preceding discovery of the same country, by an individual of any other nation, invest such nation with a more valid, because a prior, claim to that country. Now, to set aside, for the present, Drake, Cook, and Vancouver, who all of them either took possession of, or touched at, various points of the coast in question. Great Britain can show that in 17S8 — that is, four years before Gray entered the mouth of the Columbia River — Mr. Meares,* a lieutenant of the royal navy, who had been sent by the East India Company on a trading expedition to the north-west coast of America, had already minutely explored that coast, from the 49th degree to the 45th degree north latitude; had taken formal possession of the Straits of De Fuca, in the name of his sovereign ; had purchased land, trafficked and formed treaties with the natives; and had actually entered the bay of the Columbia, to the northern headland of which he gave the name of Cape Disappointment — a name which it bears to this day. Dixon, Scott, Duncan, Strange, and other private British traders, had also visited these shores and countries several years before Gray ; but the single example of Meares suffices to quash Gray's claim to prior discovery. To the other navigators above mentioned, therefore, it is unnecessary to refer more particularly. It may be worth while, however, to observe, with regard to Meares, that his account of his voyages was published in London in August, 1790; that is, two years before Gray is even pretended to have entered the Columbia. To that account are appended, first, extracts from his locr-book ; secondly, maps of the coasts and harbors which he visited, in which every • See p. 177. 57 450 PROOFS AND ILLUSTRATIONS. [H. part of the coast in question, including the hay of the Columbia, {into which the log expressly states that Meares entered,) is minutely laid down, its delineation tallying, in almost every particular, with Vancouver's sub- sequent survey, and with the description found in all the best maps of that part of the world, adopted at this moment; thirdly, the account in question actually contains an engraving, dated in August, 1790, of the entrance of De Fuca's Straits, executed after a design taken in June, 1788, by Meares himself. With these physical evidences of authenticity, it is as needless to contend for, as it is impossible to controvert, the truth of Meares's statement. It was only on the 17th of September, 1788, that the Washington, commanded by Mr. Gray, first made her appearance at Nootka. If, therefore, any claim to these countries, as between Great Britain and the United States, is to be deduced from priority of the discovery, the above exposition of dates and facts suffices to establish that claim in favor of Great Britain, on a basis too firm to be shaken. It must, indeed, be admitted that Mr. Gray, finding himself n the bay formed by the discharge of the waters of the Columbia into the Pacific, was the first to ascertain that this bay formed the outlet oi a great river — a discovery which had escaped Lieutenant Meares, when, in 1788, four years before, he entered the same bay. But can it be seriously urged that this single step in the progress of discovery not only wholly supersedes the prior discoveries, both of the bay and the coast, by Lieutenant Meares, but equally absorbs the subse- quent exploration of the river by Captain Vancouver, for near a hundred miles above the point to which Mr. Gray's ship had proceeded, the formal taking possession of it by that British navigator,* in the name of his sovereign, and also all the other discoveries, explorations, and temporary possession and occupation of the ports and harbors on the coast, as well of the Pacific as within the Straits of De Fuca, up to the 49th parallel of latitude? This pretension, however, extraordinary as it is, does not embrace the whole of the claim which the United States build upon the limited discovery of Mr. Gray, namely, that the bay of which Cape Disappoint- ment is the northernmost headland, is, in fact, the embouchure of a river. That mere ascertainment, it is asserted, confers on the United States a title, in exclusive sovereignty, to the whole extent of country drained by such river, and by all its tributary streams. In support of this very extraordinary pretension, the United States allege the precedent of grants and charters accorded in former times to companies and individuals, by various European sovereigns, over several parts of the American continent. Amongst other instances are adduced the charters granted by Elizabeth, James I., Charles II., and George II., to sundry British subjects and associations, as also the grant made by Louis XIV. to De Crozat over the tract of country watered by the Mississippi and its tributaries. But can such charters be considered an acknowledged part of the law of nations? Were they any thing more, in fact, than a cession to the grantee or grantees of whatever rights the grantor might suppose * See p. 248. H.] PROOFS AND ILLUSTRATIONS. 451 himself to possess, to tlie exclusion of other subjects of the same sov- ereign? — charters binding and restraining those only who were within the jurisdiction of the grantor, and of no force or validity against the subjects of other states, until recognized by treaty, and thereby becom- ing a part of international law.* Had the United States thought proper to issue, in 1790, by virtue of their national authority, a charter granting to Mr. Gray the whole extent of country watered, directly or indirectly, by the River Columbia, such a charter would, no doubt, have been valid in Mr. Gray's favor, as against all other citizens of the United States. But can it be supposed that it would have been acquiesced in by either of the powers. Great Britain and Spain, which, in that same year, were preparing to contest by arms the possession of the very country which would have been the subject of such a grant ] If the right of sovereignty over the territory in question accrues to the United States by Mr. Gray's discovery, how happens it that they never protested against the violence done to that right by the two powers, who, by the convention of 1790, regulated their respective rights in and over a district so belonging, as it is now asserted, to the United States? This claim of the United States to the territory drained by the Co- lumbia and its tributary streams, on the ground of one of their citizens having been the first to discover the entrance of that river, has been here so far entered into, not because it is considered to be necessarily entitled to notice, since the whole country watered by the Columbia falls within the provisions of the convention of 1790, but because the doctrine above alluded to has been put forward so broadly, and with such confidence, by the United States, that Great Britain considered it equally due to herself and to other powers to enter her protest against it. The United States further pretend that their claim to the country in question is strengthened and confirmed by the discovery of the sources of the Columbia, and by the exploration of its course to the sea by Lewis and Clarke, in 1805-6. In reply to this allegation, Great Britain affirms, and can distinctly prove, that, if not before, at least in the same and subsequent years, her North-Western Trading Company had, by means of their agent, Mr. Thomson, already established their posts among the Flat-head and Koo- tanie tribes, on the head-waters of the northern or main branch of the Columbia, and were gradually extending them down the principal stream of that river; thus giving to Great Britain, in this particular, again, as in the discovery of the mouth of the river, a title to parity at least, if not priority, of discovery, as opposed to the United States. It was from those posts, that, having heard of the American establishment forming in 1811, at the mouth of the river, Mr. Thomson hastened thither, descending the river, to ascertain the nature of that establishment. t Some stress having been laid by the United States on the restitution to them of Fort George by the British, after the termination of the last war, which restitution they represent as conveying a virtual acknowledg- ment by Great Britain of the title of the United States to the country in which that post was situated, — it is desirable to state, somewhat in detail, the circumstances attending that restitution. • See p. 350. t See p. 291, 297. 452 PROOFS AND ILLUSTRATIONS. [H. In the year 1815, a demand for the restoration of Fort George was first made to Great Britain, by the American government, on the plea that the first article of the treaty of Ghent stipulated the restitution to the United States of all posts and places whatsoever, taken from them by the British during the war, in which description Fort George (Astoria) was included. For some time the British government demurred to comply with the demand of the United States, because they entertained doubts how far it could be sustained by the construction of the treaty. In the first place, the trading post called Fort Astoria (or Fort George) was not a national possession ; in the second place, it was not a military post ; and, thirdly, it was never captured from the Americans by the British. It was, in feet, conveyed in regular commercial transfer, and ac- companied by a bill of sale, for a sum of money, to the British company, who purchased it, by the American company, who sold it of tlidr oion free ivill. It is true that a British sloop of war had, about that time, been sent to take possession of that post, but she arrived subsequently to the trans- action above mentioned, between the two companies, and found the British company already in legal oceupation of their self-acquired property. In consequence, however, of that ship having been sent out with hostile views, although those views were not carried into effect, and in order that not even the shadow of a reflection might be cast upon the good faith of the British government, the latter determined to give the most liberal extension to the terms of the treaty of Ghent, and, in 1818, the purchase which the British company had made in 1813 was restored to the United States.* Particular care, however, was taken, on this occasion, to prevent any misapprehension as to the extent of the concession made by Great Britain. Viscount Castlereagh, in directing the British minister at Washington to intimate the intention of the: British government to Mr. Adams, then secretary of state, uses these expressions, in a despatch dated 4th of February, 1818: — "You will observe,, that, whilst this government is not disposed to contest with the American government the point of possession as it stood in the Columbia River at the moment of the rupture, they are not prepared to admit the validity of the title of the government of the United States to this settlement. " In signifying, therefore, to Mr. Adams the full acquiescence of your government in the reoccupation of the limited position which the United States held in that river at the breaking out of the war, you icill at the same time assert, in suitable terms, the claim of Great Britain to that terri- tory, upon which the American settlement must be considered as an encroachment." This instruction was executed verbally by the person to whom it was addressed. The following is a transcript of the act by which the fort was delivered up, by the British, into the hands of Mr. Prevost, the Amer- ican agent : — • See p. 309. H.] PROOFS AND ILLUSTRATIONS. 453 " In obedience to the command of H. R. H. the prince regent, siffnijicd in a despatch from the 7-i^ht honorable the Harl Bathurst, addressed to the partners or agents of the North- West Company, bearing date the 27th of January, 1818, and in obedience to a subsequent order, dated the 26th July, from W. H. Slieritf, Esq., captain of H. M. ship Andromache, We, the undersigned, do, in conformity to the first article of the treaty of Ghent, restore to the government of the United States, through its agent, J. P. Prevost, Esq., the settlement of Fort George, on the Columbia River. " Given under our hands, in triplicate, at Fort George, (Columbia River,) this Gth day of October, 1818. " F. HiCKEY, Captain II. M. ship Blossom. " J. Keith, of the N. W. Co." The following is the despatch from Earl Bathurst to the partners of the North- West Company, referred to in the above act of cession : — " Downing Street, 27th January, 1818. " Intelligence having been received that the United States sloop of war Ontario has been sent by the American government to establish a settlement on the Columbia River, which was held by that state, on the breaking out of the last war, I am to acquaint you, that it is the prince regent's pleasure {without, however, admitting the right of that government to the possession in question) that, in pursuance of the first article of the treaty of Ghent, due facility sliould be given to the reoccu- pation of the said settlement by the officers of the United States; and I am to desire that you would contribute as much as lies in your power to the execution of his royal highness's commands. " I have, &c. &c., " Bathurst. " To the Partners or Agents of the North-West Company, residing on the Columbia River." The above documents put the case of the restoration of Fort Astoria in too clear a light to require further observation. The case, then, of Great Britain, in respect to the country west of the Rocky Mountains, is shortly this : — Admitting that the United States have acquired all the rights which Spain possessed, up to the treaty of Florida, either in virtue of discovery, or, as is pretended, in right of Louisiana, Great Britain maintains that the nature and extent of those rights, as well as of the rights of Great Britain, are fixed and defined by the convention of Nootka; that these rights are equal for both parties ; and that, in succeeding to the rights of Spain, under that convention, the United States must also have succeeded to the obligations which it imposed. Admitting, further, the discovery of Mr. Gray, to the extent already stated, Great Britain, taking the whole line of the coast in question, with its straits, harbors, and bays, has stronger claims, on the ground of prior discovery, attended with acts of occupancy and settlement, than the United States. Whether, therefore, the United States rest their claims upon the title 454 PROOFS AND ILLUSTRATIONS. [H. of Spain, or upon that of prior discovery, or upon both, Great Britain is entitled to place her claims at least upon a parity with those of the United States. It is a fact, admitted by the United States, that, with the exception of the Columbia River, there is no river which opens far into the interior, on the whole western coast of the Pacific Ocean. In the interior of the territory in question, the subjects of Great Britain have had, for many years, numerous settlements and trading posts — several of these posts on the tributary streams of the Columbia, several upon the Columbia itself, some to the northward, and others to the southward, of that river; and they navigate the Columbia as the sole channel for the conveyance of their produce to the British stations nearest the sea, and for the shipment of it from thence to Great Britain. It is also by the Columbia and its tributary streams that these posts and settlements receive their annual supplies from Great Britain. In the whole of the territory in question, the citizens of the United States have not a single settlement or trading post. They do not use that river, either for the purpose of transmitting or receiving any produce of their own, to or from other parts of the world. In this state of the relative rights of the two countries, and of the relative exercise of those rights, the United States claim the exclusive possession of both banks of the Columbia, and, consequently, that of the river itself; offering, it is true, to concede to British subjects a conditional participation in that navigation, but subject, in any case, to the exclusive jurisdiction and sovereignty of the United States. Great Britain, on her part, oifers to make the river the boundary; each country retaining the bank of the river contiguous to its own ter- ritories, and the navigation of it remaining forever free, and upon a foot- ing of perfect equality to both nations. To carry into effect this proposal, on our part. Great Britain would have to give up posts and settlements south of the Columbia. On the part of the United States, there could be no reciprocal withdrawing from actual occupation, as there is not, and never has been, a single American citizen settled north of the Columbia. The United States decline to accede to this proposal, even when Great Britain has added to it the further offer of a most excellent harbor, and an extensive tract of country on the Straits of De Fuca — a sacrifice tendered in the spirit of accommodation, and for the sake of a final adjustment of all differences, but which, having been made in this spirit, is not to be considered as in any degree recognizing a claim on the part of the United States, or as at all impairing the existing right of Great Britain over the post and territory in question. Such being the result of the recent negotiation, it only remains for Great Britain to maintain and uphold the qualified rights which she now possesses over the whole of the territory in question. These rights are recorded and defined in the convention of Nootka.* They embrace the right to navigate the waters of those countries, the right to settle in and over any part of them, and the right freely to trade with the inhabitants and occupiers of the same. These rights have been peaceably exercised ever since the date of * See considerations on the Nootka convention, at p. 213. H.] PROOFS AND ILLUSTRATIONS. 455 that convention ; that is, for a period of near forty years. Under that convention, valuable British interests have grown up in those countries. It is fully admitted that the United States possess the same rights, although they have been exercised by them only in a single instance, and have not, since the year 1813, been exercised at all. But beyond these rights they possess none. To the interests and establishments which British industry and enter- prise have created. Great Britain owes protection. That protection will be given, both as regards settlement and freedom of trade and navigation, with every attention not to infringe the coordinate rights of the United States; it being the earnest desire of the British government, so long as the joint occupancy continues, to regulate its own obligations by the same rule which governs the obligations of any other occupying party. Fully sensible, at the same time, of the desirableness of a more definite settlement, as between Great Britain and the United States, the British government will be ready, at any time, to terminate the present state of joint occupancy by an agreement of delimitation; but such arrangement only can be admitted as shall not derogate from the rights of Great Britain, as acknowledged by treaty, nor prejudice the advantages which British subjects, under the same sanction, now enjoy in that part of the world. (2.) . American Counter-Statement annexed to the Protocol of the seventh Con- ference, hy Mr. Gallatin, the Plenipotentiary of the United States. The American plenipotentiary has read with attention the exposition of the claims and views of Great Britain in regard to the territory west of the Rocky or Stony Mountains, annexed by the British plenipotentia- ries to the protocol of the last conference, and assures them that it will receive from his government all the consideration to which it is so justly entitled. He will not make any observations on that part of the exposition, which, as explanatory of the views of the British government in reference to a continued joint occupancy, he can only refer to his government. The remarks he will now offer are necessarily limited to the respective claims of the two countries, and to the proposals for a definitive engagement which have been made by each party. Great Britain claims no exclusive sovereignty over any portion of the territory in question. Her claim extends to the whole, but is limited to a right of joint occupancy in common with other states, leaving the right of exclusive dominion in abeyance. She insists that hers and Spain's conflicting claims were finally adjusted by the convention of Nootka, in 1790; that all the arguments and pretensions, whether resting upon prior- ity of discovery, or derived from any other consideration, were definitively set at rest by that convention ; that, from its date, it was only in its text and stipulations that the title, either on her part or on that of Spain, was to be traced ; and that it was agreed by that convention, that all the parts of the north-west coast of America, not previously occupied by either 456 PROOFS AND ILLUSTRATIONS. [H. party, should thenceforward be equally open to the subjects of both, for all purposes of commerce and settlement, the sovereignty remaining in abeyance. It is then declared, that, in reference either to the rights derived to the United States from Spain, by virtue of the treaty of 1819, or to that supposed to be derived from the acquisition of Louisiana, which province did, in the year 1790, belong to Spain, the United States have, with these rights, necessarily succeeded to the limitations by which they were defined, and the obligations under which they were to be exercised, in conformity to the stipulations of the Nootka convention; whence it is gener;illy in- ferred, that, whilst it is fully admitted that the United States possess the same rights as Great Britain over the country in question, namely, to navigate its waters, to settle in any part of it, and freely to trade with the inhabitants and occupiers of the same, beyond these rights, the United States possessed none, and that they cannot, therefore, claim exclusive sovereignty over any part of the said territory. It will, in the first place, be observed, that, admitting that convention to be still in force, and of whatever construction it may be susceptible, this compact between Spain and Great Britain could only bind the parties to it, and can affect the claim of the United States so far only as it is de- rived from Spain. If, therefore, they have a claim in right of their own discoveries, explorations, and settlements, as this cannot be impaired by the Nootka convention, it becomes indispensably necessary, in order to defeat such claim, to show a better prior title on the part of Great Britain, derived from some other consideration than the stipulations of that con- vention. But, on examining that instrument, it will be found to be ap- parently merely of a commercial nature, and in no shape to affect the question of distinct jurisdiction and exclusive sovereignty. It was agreed, by that convention, " that the respective subjects of the two parties should not be disturbed or molested, either in navigating or carrying on their fisheries in the Pacific Ocean or in the South Seas, or in landing on the coast of those seas, in places not already occupied, for the purpose of carrying on their commerce with the natives of the coun- try, or of making settlements there." And further, " that in all places , wherever the subjects of either shall have made settlements since the month of April, 1789, or shall hereafter make any, the subjects of the other shall have free access, and shall carry on their trade without any disturbance or molestation." It is difficult to believe, on reading those provisions, and recollecting in what cause the convention originated, that any other settlements could have been contemplated than such as were connected with the commerce to be carried on with the natives. Indeed, it is as being only of a com- mercial nature, that the Nootka convention may be positively asserted to be now in force ; the commercial treaties between Great Britain and Spain having, subsequent to the war which had intervened, been alone renewed by the treaty of July, 1814. Admitting, however, that the word "settlement" was meant in its most unlimited sense, it is evident that the stipulations had not for object to settle the territorial claims of the parties, and had no connection with an ultimate partition of the country, for the purpose of permanent coloni- zation. Those stipulations permitted promiscuous aind intermixed settlements H-] PROOFS AND ILLUSTRATIONS. 457 every where, and over the whole face of the country, to the subjects of both parties, and even declared every such settlement, made by either party, in a degree common to the other. Such a state of things is clearly incompatible with distinct jurisdiction and sovereignty. The convention, therefore, could have had no such object in view as to fix the relations of the contracting powers in that respect. On that subject it established or changed nothing, but left the parties where it found them, and in posses- sion of all such rights, whether derived from discovery, or from any other consideration, as belonged to each, to be urged by each, whenever the question of permanent and separate possession and sovereignty came to be discussed between them. It is, indeed, expressly admitted that the convention provided for com- merce and settlements, leaving the sovereignty in abeyance. And Great Britain, at this time, claims only a right of joint occupancy, in common with otljer nations, leaving the right of exclusive dominion in abeyance. It is not perceived how it can, at the same time, be asserted that the argu- ments and pretensions of both parties were definitively set at rest by the convention, and that it is only in its text and stipulations that the title on either side is now to be traced. Commerce and settlements might, indeed, be made by either party, during the joint occupancy, without regard to their respective pretension or title, from whatever consideration derived. But since the sovereignty, since the right of exclusive dominion, has been left in abeyance, that ricrht over any pnrt of the country, to whichever party belonging, has not been extinguished, but only suspended, and must revive to its full extent when- ever that joint occupancy may cease. Whenever, therefore, a finnl line of demarkation becomes the subject of discussion, the United States have a right, notwithstanding, and in conformity to the Nootka convention, to appeal, in support of their claims, not only to their own discoveries, but to all the rights derived from the acquisition of Louisiana, and from their treaty of 1819 with Spain, in the same manner as if that convention had never been made. The question to be examined is, whether those claims are supported by the laws and usages of nations. It may be admitted, as an abstract principle, that, in the origin of soci- ety, first occupancy and cultivation were the foundation of the rights of private property and of national sovereignty. But that principle, on which principally, if not exclusively, it would seem that the British goverinnent wishes to rely, could be permitted, in either case, to operate alone, and without restriction, so long only as the extent of vacant territory was such, in proportion to population, that there was ample room for every individual, and for every distinct community or nation, without danger of collision vvith others. As, in every society, it had soon become necessary to make laws, regulating the manner in which its members should be permitted to occupy and to acquire vacant land within its acknowledged boundaries, so, also, nations found it indispensable for the preservation of peace, and for the exercise of distinct jurisdiction, to adopt, particu- larly after the discovery of America, some general rules, which should determine the important previous question, " Who had a right to occupy?" The two rules generally, perhaps universally, recognized and conse- crated by the usage of nations, have flowed from the nature of the subject. By virtue of the first, prior discovery gave a right to occupy, provided 58 458 PROOFS AND ILLUSTRATIONS. [H. that occupancy took place within a reasonable time, and was ultimately followed by permanent settlements, and by the cultivation of the soil. In conformity with the second, the right derived from prior discovery and settlement was not confined to the spot so discovered or first settled. The extent of territory which would attach to such first discovery or set- tlement might not, in every case, be precisely determined. But tiiat the first discovery, and subsequent settlement, within a reasonable time, of the mouth of a river, particularly if none of its branches had been ex- plored prior to such discovery, gave the right of occupancy, and, ulti- mately, of sovereignty, to the whole country drained by such river and its several branches, has been generally admitted. And, in a question be- tween the United States and Great Britain, her acts have, with propriety, been appealed to, as showing that the principles on which they rely accord with her own. It is, however, now contended that the British charters, extending, in most cases, from the Atlantic Ocean to the South Seas, must be* consid- ered as cessions of the sovereign to certain grantees, to the exclusion only of his other subjects, and as of no validity against the subjects of other states. This construction does not appear either to have been that in- tended at the time by the grantors, nor to have governed the subsequent conduct of Great Britain. By excepting from the grants, as was generally the case, such lands as were already occupied by the subjects of other civilized nations, it was clearly implied that no other exception was contemplated, and that the grants were intended to include all the unoccupied lands within their re- spective boundaries, to the exclusion of all other persons or nations what- soever. In point of fact, the whole country drained by the several rivers emptying into the Atlantic Ocean, the mouths of which were within those charters, has, from Hudson's Bay to Florida, and, it is believed, without exception, been occupied and held by virtue of those charters. Not only has this principle been fully confirmed, but it has been notoriously en- forced, much beyond the sources of the rivers on which the settlements were formed. The priority of the French settlements on the rivers flow- ing westwardly from the Alleghany Mountains into the Mississippi, was altogether disregarded; and the rights of the Atlantic colonies to extend beyond those mountains, as growing out of the contiguity of territory, and as asserted in the earliest charters, was effectually and successfully enforced. It is true, that the two general rules which have been mentioned might often conflict with each other. Thus, in the instance just alluded to, the discovery of the main branch of the Mississippi, including the mouth of that river, and the occupation of the intervening province of Louisiana by another nation, gave rise, at last, to a compromise of those conflicting claims, and induced Great Britain to restrain hers within narrower limits than those originally designated. But it is the peculiar character of the claim of the United States, that it is founded on both principles, which, in this case, unite both in its sup- port, and convert it into an incontestable right. It is in vain that, in order to avert that conclusion, an attempt is made to consider the several grounds on which that right is urged, as incompatible one with the other, as if the United States were obliged to select only one, and to abandon the others. In different hands, the several claims would conflict one with H.] PROOFS AND ILLUSTRATIONS. 459 the other. Now, united in the same power, they support each other. The possessors of Louisiana might have contended, on the ground of con- tiguity, for the adjacent territory on the Pacific Ocean, with the dis- coveries of the coast and of its main rivers. The several discoveries of the Spanish and American navigators might separately have been consid- ered as so many steps in the progress of discovery, and giving only imperfect claims to each party. All those various claims, from whatever consideration derived, are now brought united against the pretensions of any other nation. 1st. The actual possession and populous settlements of the valley of the Mississippi, including Louisiana, and now under one sovereignty, con- stitute a strong claim to the westwardly extension of that province over the contiguous vacant territory, and to the occupation and sovereignty of the country as far as the Pacific Ocean. If some trading factories on the shores of Hudson's Bay have been considered, by Great Britain, as giving an exclusive right of occupancy as far as the Rocky Mountains ; if the infant settlements on the more southern Atlantic shores justified a claim thence to the South Seas, and which was actually enforced to the Missis- sippi, that of the millions already within reach of those seas cannot con- sistently be resisted. For it will not be denied that the extent of contiguous territory, to which an actual settlement gives a prior right, must depend, in a considerable degree, on the magnitude and population of that settlement, and on the facility with which the vacant adjacent land may, within a short time, be occupied, settled, and cultivated, by such population, as compared with the probability of its being thus occupied and settled from any other quarter. It has been objected that, in the grant of Louisiana toCrozat, by Louis XIV., that province is described as " the country drained by the wa- ters emptying, directly or indirectly, into the Mississippi, excluding thereby, by implication, the country drained by the waters emptying into the Pacific. Crozat's grant was not for the whole of the province of Louisiana, as it was afterwards extended by France herself, and as it is now held by the United States. It was bounded, in that grant of 1712, by Carolina to the east, by New Mexico to the west, and on the north by the Illinois, which were then part of Canada. The most northerly branches of the Missis- sippi embraced in the grant were tJie Ohio, at that time called Wabash by the French, and the Missouri, the true course of which was not known at that time, and the sources of which were not supposed to ex- tend north of the 42d parallel of latitude. No territory on the west of the Mississippi was intended to be included in the grant north of that par- allel ; and as New Mexico, which bounded it on the west, was understood to extend even farther north, it was impossible that any territory should have been included west of the sources of the rivers emptying into the Mississippi. All the territory north of the42d parallel of latitude, claimed by France, was included at that time, not in Louisiana, but in the government of New France, as Canada was then called. And by referring to the most authen- tic French maps, it will be seen that New France was made to extend over the territory drained, or supposed to be drained, by rivers entering into the South Seas. The claim to a westwardly extension to those seas, was thus early asserted as part, not of Louisiana, but of New France. 460 PROOFS AND ILLUSTRATIONS. [H. The king had reserved to himself, in Crozat's grant, the right of enlarging the government of Louisiana. This was done by an ordonnance dated in the year 1717, which annexed the Illinois to it ; and, from tliat time, the province extended as far as the most northern limit of the French posses- sions in North America, and thereby west of Canada or New France. The settlement of that northern limit still further strengthens the claim of the United States to the territory west of the Rocky Moun- tains. The limits between the northerly possessions of Great Britain, in North America, and those of France, in the same quarter, namely, Can- ada and Louisiana, were determined by commissioners appointed in pur- suance of the treaty of Utrecht. From the coast of Labrador to a certain point north of Lake Superior, those limits were fixed according to certain metes and bounds, and from that point the line of demarkation was agreed to extend indetinilely due west, along the 49th parallel of north latitude. It was in conformity with that arrangement that the United States did claim that parallel as the northern boundary of Louisiana. It has been, accordingly, thus settled, as far as the Stony Mountains, by the convention of 1818, between the United States and Great Britain; and no adequate reason can be given why the same boundary should not be continued as far as the claims of the United States do extend ; that is to say, as far as the Pacific Ocean. This argument is not weakened by the fict, that the British settlements west of the Stony Mountains are solely due to the extension of those previously formed on the waters emptying into Hudson's Bay ; and it is from respect to a demarkation, considered as binding on the parties, that the United States had consented to confine their claim to the 49th parallel of latitude, namely, to a territory of the same breadth as Louisiana east of the Stony Mountains, although, as founded on prior discoveries, that claim would have extended much farther north. 2dly. The United States have an undoubted right to claim, by virtue both of the Spanish discoveries and of their own. Setting aside all those which are not supported by authentic evidence, some of the most impor- tant were made by Spanish navigators prior to Cook's voyage. In 1774, Perez, in the Spanish corvette Santiago, discovered Nootka Sound, in latitude 49° 30', and sailed to the 55th degree, discovering Lougara Island and Perez (now called Dixon's) Entrance, north of Queen Char- lotte Island. In 1775, Quadra, in the Spanish schooner Felicidad, of which Maurelle was pilot, discovered various ports between the 5oth and 58th degrees, and explored the coast from 42° to 54°, landing at several places, imposing names to some, and not being, at any time, hardly more than ten leagues from the shore. In other Spanish voyages of a subsequent date, those of Arteaga and Quadra in 1779, and of Martinez and Ilaro in 1786, various other parts of the north-west coast were explored, as far north as the GOth degree of north latitude. The Straits of Fuca were discovered, or again found, in 1787, by Cap- tain Bnrclay, of the Imperial Eagle, a vessel fitted out at Ostend. The entrance was, in 1788, again visited by the English Captains Meares and Duncan. In the same year. Captain Gray, of the American sloop Wash- ington, (who arrived at Nootka in September, coming from the south, where he had landed,) penetrated fifty miles up the straits. They were H-] PROOFS AND ILLUSTRATIONS. 461 explored in 1791, by the Spanish Captains Quimpa and Eliza, beyond the 50th degree of latitude. Their complete survey, and the discovery of the northern outlet, in 1792, are due principally to Captain Vancouver, who sailed through them in company with the Spanish vessels Sutil and Mexicana. The discovery, which belongs exclusively to the United States, and in their own right, is that of the River Columbia. The continuity of the coast from the 4"2d to the 48th degree of latitude, had been ascertained by the voyage of Quadra, in 1775, and confirmed by that of Captain Cook in 1778. The object of discovery thenceforth, was that of a large river, which should open a communication with the interior of the country. This had escaped Quadra, who had sailed in sight of the entrance afterwards discovered. Meares failed likewise in his attempt, in the year 1788, to make the discovery. Captain Vancouver was not more fortunate. After having also sailed along the coast, from south to north, to the 48th degree, he recorded in his journal of the 29th April, 1792, which he had too much probity afterwards to alter, his opin- ion that there was no large river south of 48', but only small creeks. On the ensuing day he met at sea with Captain Gray, then commanding the American ship " Columbia," who informed him of the existence of the river, at the mouth of which he (Gray) had been for several days without being able to enter it. Captain Vancouver proceeded to Fuca's Straits, and Captain Gray returned to the south, where he completed his discovery, liaving, on the 11th May, entered the river which bears the name of his ship, and as- cended it upwards of twenty miles. He then, having also discovered Gray's Harbor, went to Nootka Sound, where he again met with Captain Vancouver, to whom he communicated his discoveries, and gave him a rough chart of the river. With this information, one of Captain Vaticou- ver's officers was sent to take a survey of Gray's Harbor, and another that of the Columbia River, which he ascended about eight miles higher up than Gray. Yet, in order to found a claim derived from a share in the discovery, that of Captain Gray is called only a stcj) in the progress of discovery ; and it is attempted to divide its merit between him, Meares, and Captain Vancouver's officer. It must again be repeated, that the sole object of discovery was " the river," and, coming from sea, the mouth of the river. Meares only followed Quadra's track. Had he suggested or suspected the ex- istence of a river, when he was near its entrance, it would have been a step in the progress of discovery. So far from it, that, in his map, he has laid the presumed mouth of the great river of the west, of the tradi- tional Oregon, of the real Columbia, in the Straits of Fuca. The very names which he imposed, Cape Disappointment and Deception Bay, attest his failure. Captain Vancouver, having completed his survey of that part of the coast, with a conviction that no large river emptied there into the ocean, would not have explored it again, had he not received the information from Captain Gray of his discoveries. And, in fact, in his second visit to that quarter, lie surveyed, or caused to be surveyed, only the harbor and the river which had been indicated to him. The lieutenant sent to the Co- 462 PROOFS AND lLLUSTRATIOx\S. [H* lumbia, and who never would have gone there had it not been for Captain Gray's information, performed, no doubt, with fidelity, the mechanical duty of taking the soundings one hundred miles up its course. In that consists his sole merit : in the discovery he had not the slightest share. The important services rendered to navigation and to science, by that offi- cer and by Captain Vancouver, are fully acknowledged; and their well- earned reputation cannot be increased by ascribing to them what exclu- sively belongs to another. Louisiana having been actjuired by the United States in 1803, an expedition was inunediately ordered by government to examine its west- ern districts. In the course of this. Captains Lewis and Clarke ascended the Missouri to its source, crossed the Rocky Mountains, and ex- plored the course of the Columbia, from its most eastern sources to its mouth, where they arrived on the 6th of November, 1805. There they erected the works called Fort Clatsop, and wintered in 1805-1806. And thus was the discovery of the river commenced and completed by the United States, before, as it is firmly believed, any settlement had been made on it, or any of its branches been explored, by any other nation. This is corroborated by the statement of the British plenipotentiaries. After having given, as the date of Lewis and Clarke's exploration, not the year 1805, but the years 1805-1806, they assert that, if not before, at least in the same and subsequent years, Mr. Thomson had already estab- lished a post on the head-waters of the northern or main branch of the Columbia. Had that post been established in 1805, before Lewis and Clarke's exploration, another and more distinct mode of expression would have been adopted. But it cannot be seriously contended that, if Mr. Thomson had, in that year, reached one of the sources of the Colum- bia, north of the 50th degree of latitude, this, compared with the complete American exploration, would give to Great Britain " a title to parity, at least, if not priority of discovery, as opposed to the United States." In the year 1810, Mr. Astor, a citizen of the United States, fitted out two expeditions for the mouth of the Columbia ; one by sea, and the other by land, from the Missouri. In March, 181 1, the establishment of Astoria was accordingly commenced near the mouth of the river, before any Brit- ish settlement had been made south of the 49th parallel of latitude. From that principal post, several other settlements were formed ; one of them, contrary to the opinion entertained by the British plenipotentiaries, at the mouth of the Wanahata, several hundred miles up, and on the right bank of the Columbia. These establishments fell into the hands of the British during the war ; and that of Astoria has since been formally restored, in conformity with the treaty of Ghent. On the circumstances of that restitution, it is sufficient to observe, that, with the various despatches from and to the officers of the British government, the United States have no concern ; that it is not stated how the verbal communications of the British minister at Washington were received, nor whether the American government consented to accept the restitution, with th^ reservation, as expressed in the despatches to that minister from his government ; and that the only written document affijcting the restoration, known to be in possession of H.] PROOFS AND ILLUSTRATIONS. 463 that of the United States, is the act of restoration itself, wliich contains no exception, reservation, or protest, whatever. It has thus been established, that the Columbia River was iirst discov- ered by the United States ; that that first discovery was attended by a com- plete exploration of the river, from its most easterly source to the nerlh, before any such exploration had been made by any other nation ; by a simultaneous actual occupation and possession, and by subsequent estab- lishments and settlements made within a reasonable time, and which have been interrupted only by the casualties of war. This, it is contended, gives, according to the acknowledged law and usages of nations, a right to the whole country drained by that river and by its tributary streams, which could have been opposed only by the con- flicting claim derived from the possession of Louisiana. Both, united and strengthened by the other Spanish and American discoveries along the coast, (and, without reference to the cession of the pretensions of Spain, derived from other considerations,) establish, it is tirmly believed, a stronger title to the country above described, and along the coast as far north, at least, as the 49th parallel of latitude, than has ever, at any for- mer time, been asserted by any nation to vacant territory. Before the subject is dismissed, it may be proper to observe, that the United States had no motive, in the year 1790, to protest against the Nootka convention, since their exclusive right to the territory on the Pacific originated in Gray's discovery, which took place only in 1792. The acquisition of Louisiana, and their last treaty with Spain, are still posterior. On the formality called " taking possession," though no actual pos- session of the country is taken, and on the validity of sales of land and surrender of sovereignty by Indians, who are for the first time brought into contact with civilized men ; who have no notion of what they mean by either sovereignty or property in land ; who do not even know what cultivation is ; with whom it is difficult to communicate, even upon visible objects ; the American plenipotentiary thinks that he may abstain from making any remarks. Whilst supporting their claim by arguments, which they think conclu- sive, the United States have not been inattentive to the counter claims of Great Britain. They, indeed, deny that the trading posts of the North- West Company give any title to the territory claimed by America, not only because no such post was established within the limits claimed when the first Ameri- can settlement was made, but because the title of the United States is con- sidered as having been complete, before any of those traders had appeared on the waters of the Columbia. It is also believed, that mere factories, established solely for the purpose of trafficking with the natives, and with- out any view to cultivation and permanent settlement, cannot, of them- selves, and unsupported by any other consideration, give any better title to dominion and absolute sovereignty, than similar establishments made in a civilized country. But the United States have paid due regard to the discoveries by which the British navigators have so eminently distinguished themselves, to those, perhaps not less remarkable, made by land from the upper lakes of the Pacific, and to the contiguity of the possessions of Great 464 PROOFS AND ILLUSTRATIONS. [H. Britain, on the waters of Hudson's Bay, to the territory bordering on that ocean. Above all, they have been earnestly desirous to preserve and cherish, not only the peacetul, but the friendly relations, which happily subsist between the two countries. And, with that object in view, their offer of a permanent line of demarkation has been made, under a perfect conviction that it was attended with the sacrifice of a portion of what they might justly claim. » Viewed as a matter of mutual convenience, and with equal desire, on both sides, to avert, by a definitive line of delimitation, any possible cause of collision in that quarter, every consideration connected with the sub- ject may be allowed its due weight. If the present state of occupancy is urged, on the part of Great Britain, the probability of the manner in which the territory west of the Rocky Mountains must be settled, belongs also essentially to the subject. Under whatever nominal sovereignty that country may be placed, and whatever its ultimate destinies may be, it is nearly reduced to a certainty, that it will be almost exclusively peopled by the surplus population of the United States. The distance from Great Britain, and the expense in- cident to emigration, forbid the expectation of any being practicable, from that quarter, but on a comparatively small scale. Allowing the rate of increase to be the same in the United States, and in the North Ameri- can British possessions, the difference in the actual population of both is such, that the progressive rate which would, within forty years, add three millions to these, would, within the same time, give a positive increase of more than twenty millions to the United States. And if circumstances, arising from localities and habits, have given superior facilities to British subjects, of extending their commerce with the natives, and to that expan- sion which has the appearance, and the appearance only, of occupancy, — the slower but sure progress and extension of an agricultural population, will be regulated by distance, by natural obstacles, and by its own amount. The primitive right of acquiring property and sovereignty, by occupancy alone, admitting it to be unlimited in theory, cannot extend beyond the capacity of occupying and cultivating the soil. It may also be observed, that, in reality, there were but three na- tions which had both the right and the power to colonize the territory in question — Great Britain, the United States, and Spain, or now the new American states. These are now excluded, in consequence of the treaty of 1819. The United States, who have purchased their right for a valuable consideration, stand now in their place, and, on that ground, in the view entertained of the subject by the British government, are, on a final partition of the country, fairly entitled to two shares. Under all the circumstances of the case, as stated on both sides, the United States offer a line, which leaves to Great Britain by far the best portion of the fur trade, — the only object, at this time, of the pursuits of her subjects in that quarter, — and a much greater than her proportionate share of the country, with a view to its permanent settlement, if the rela- tive geographical situation, and means of colonizing, of both parties are taken into consideration. From the 42d degree of north latitude to the Observatory Inlet, in about 55° 30', there is a front on the Pacific of almost fourteen degrees of latitude, which the 49th parallel divides into two nearly equal parts. The mouth of the Columbia River, if I-] PROOFS AND ILLUSTRATIONS. 465 accepted as a boundary, would leave less than one third to the United States. The offer of the free navigation of that river, when the whole territory, drained by all its tributary streams, including the northernmost branches, might have been justly claimed, would have also given to Great Britain, in time of peace, all the commercial advantages which it can afford to the Americans. In the case of a war, (which God forbid,) whatever might be the result on shore, the line proposed by Great Britain, even with the addition of the detached and defenceless territory she offered, would leave the sea border at her mercy, and the United States without a single port; whilst the boundary proposed by them might, during that period, deprive Great Britain only of the use of the port at the mouth of the Columbia, and would leave her in the secure possession of numerous seaports, perhaps less convenient, but still affording ample means of communication with the interior. That line, indeed, with such slight reciprocal modifications as the topography of the country may indicate, would establish the most natural and mutually-defensible boundary that can be found, and, for that reason, the least liable to collision, and the best calculated to perpetuate peace and harmony between the two powers. I. Documents relating to the Hudson's Bat Company. This company was incorporated by a charter from King Charles II. of England, issued on the 16th of May, 1669; a few extracts from which will be sufficient to show the powers of the company and the extent of its territories under that grant. His Majesty's Royal Charter to the Governor and Company of Hud- son's Bay. " Charles the Second, by the grace of God, king of England, &c., to all to whom these presents shall come, Greeting : Whereas our dearly beloved cousin, Prince Rupert [and seventeen others, whose names and titles follow] have, at their own great cost and charges, undertaken an ex- pedition for Hudson's Bay, in the north-west parts of America, for the dis- covery of a new passage into the South Sea, and for the finding of some trade for furs, minerals, and other considerable commodities ; and by such their undertaking have already made such discoveries as do encourao-e them to proceed farther in performance of their said design, by means whereof there may probably arise great advantage to us and our kingdoms; and 59 466 PROOFS AND ILLUSTRATIONS. [L whereas the said undertakers, for their further encouragement in the said design, have humbJy besought us to incorporate them, and to grant imto them and their successors the whole trade and commerce of all those seas, straits and bays, rivers, lakes, creeks and sounds, in whatsoever lati- tude they shall be, that lie within the entrance of the straits commonly called Hudson's Straits, together with all the lands, countries, and terri- tories, upon the coasts and confines of the seas, straits, bays, lakes, rivers, creeks, and sounds, aforesaid, which are not now actually possessed by any of our subjects, or by the subjects of any other Christian prince or state ; — " Now, know ye, that we, being desirous to promote all endeavors that may tend to the public good of our people, and to encourage the said undertaking, have, of our especial grace, certain knowledge, and mere motion, given, granted, ratified, and confirmed, and by these presents, for us and our successors, do give, grant, ratify, and confirm, unto our said cousin, Prince Rupert, &,c., that they and such others as shall be ad- mitted into the said society, as is hereafter expressed, shall be one body corporate and politic, in deed and in name, by the name of The Governor and Company of Adventurers of England trading into Hudson's Bay, * * * and at all times hereafter, shall be personable, and capable in law, to have, purchase, receive, possess, enjoy, and retain lands, rents, privileges, liberties, jurisdiction, franchises, and hereditaments, of what kind, nature, or quality soever they be, to them and their successors." By succeeding sections of the charter, provisions are made — for the election of a governor, a deputy governor, and a committee of seven members, who are to have the direction of all voyages, sales, and other business of the company — for the election of new members — and for holding, at particular periods, a general court of the company. The first company and their successors are made lords proprietors of the territories above mentioned, holding the lands " in free and common socage, and not incapite, or by knights' service;" and they are em- powered to make all laws and regulations for the government of their possessions, which may "be reasonable, and not contrary or repugnant, but as near as may be agreeable, to the laws, statutes, and customs," of England. The whole trade, fishery, navigation, minerals, &c., of the countries, is granted to the company exclusively ; all others of the king's subjects being forbidden to " visit, haunt, frequent, trade, traffic, or adventure," therein, under heavy penalties; and the company is more- over empowered " to send ships, and to build fortifications, for the de- fence of its possessions, as well as to make war or peace with all nations or people, not Christian, inhabiting those territories, which are declared to be thenceforth " reckoned and reputed as one of his majesty's plan- tations or colonies, in America, called Rupert's Land." Thus it will be seen, that the Hudson's Bay Company possessed by its charter almost sovereign powers over the vast portion of America drained by streams entering Hudson's Bay. With regard to the other countries in British America, north and west of Canada, not included in the Hud- son's Bay Company's possessions, and which were termed, generally, the Indian countries, an act was passed on the 11th of August, 1803, in the 43d year of the reign of King George HI., entitled, L] PROOFS AND ILLUSTRATIONS. 467 (2.) " An Act for extending the Jurisdiction of the Courts of Justice in the Provinces of Loioer and Upper Canada to the Trial and Punishment of Persons guilty of Crimes and Offences within certain Parts of North America, adjoining to the said Provinces." By this act, offences committed within the Indian territories were to be tried in the same manner as if committed within the provinces of Lower and Upper Canada ; the governor of Lower Canada may em- power persons to act as justices of the peace for the Indian territories, for committing offenders until they are conveyed to Canada for trial, 6lc. This act remained in force until July 2d, 1821 when was passed, (3.) " An Act for regulating the Fur Trade, and establishing a Criminal and Civil Jurisdiction, loithin certain Parts of North America* " Whereas the competition in the fur trade between the Governor and Company of Adventurers of England trading into Hudson's Bay, and cer- tain associations of persons trading under the name of ' The North-West Company of Montreal,' has been found, for some years past, to be pro- ductive of great inconvenience and loss, not only to the said company and associations, but to the said trade in general, and also of great injury to the native Indians, and of other persons, subjects of his majesty : And whereas the animosities and feuds arising from such competition have also, for some years past, kept the interior of America, to the northward and westward of the provinces of Upper and Loicer Canada, and of the territories of the United States of America, in a state of continued disturb- ance: And whereas many breaches of the peace, and violence, extending to the loss of lives, and considerable destruction of property have continu- ally occurred therein : And whereas, for remedy of such evils, it is expe- dient and necessary that some more effectual regulations should be estab- lished for the apprehending, securing, and bringing to justice, all persons committing such offences, and that his majesty should be empowered to regulate the said trade : And whereas doubts have been entertained, whether the provisions of an act passed in the forty-third year of the reign of his late jnajesty, King George the Third, intituled 'An Act for extend- ing the jurisdiction of the courts of justice in the provinces oi Lower and Upper Canada to the trial and punishment of persons guilty of crimes and offences within certain parts of North America, adjoining to the said prov- inces,' extended to the territories granted by charter to the said governor and company ; and it is expedient that such doubts should be removed, and that the said act should be further extended : Be it therefore enacted, by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, That, from and * See p. 325. 468 PROOFS AND ILLUSTRATIONS. [L after the passing of this act, it shall be lawful for his majesty, his heirs or successors, to make grants or give his royal license, under the hand and seal of one of his majesty's principal secretaries of state, to any body cor- porate or company, or person or persons, of or for the exclusive privilege of trading with the Indians in all such parts o? North America as shall be specified in any such grants or licenses respectively, not being part of the lands or territories heretofore granted to the said Governor and Com- pany of Adventurers of -Ewo^/anr/ trading to Hudsoti's Bay, and not being part of any of his majesty's provinces in North America, or of any lands or territories belonging to the United States oi America ; and all such grants and licenses shall be good, valid, and effectual, for the purpose of securing to all such bodies corporate, or companies, or persons, the sole and exclusive privilege of trading with the Indians in all such parts of North Amei-ica, (except as hereinafter excepted,) as shall be specified in such grants or licenses, any thing contained in any act or acts of Parlia- ment, or any law, to the contrary notwithstanding. " II. Provided always, and be it further enacted. That no such grant or license, made or given by his majesty, his heirs or successors, of any such exclusive privileges of trading with the Indians in such parts of North America as aforesaid, shall be made or given for any longer period than twenty-one years ; and no rent shall be required or demanded for or in respect of any such grant or license, or any privileges given thereby under the provisions of this act, for the first period of twenty-one years ; and from and after the expiration of such first period of twenty-one years, it shall be lawful for his majesty, his heirs or successors, to reserve such rents in any future grants or licenses to be made to the same or any other parties, as shall be deemed just and reasonable, with security for the pay- ment thereof; and such rents shall be deemed part of the land revenues of his majesty, his heirs and successors, and be applied and accounted for as the other land revenues of his majesty, his heirs or successors, shall, at the time of payment of any such rent being made, be applied and ac- counted for. " III. And be it further enacted. That, from and after the passing of this act, the Governor and Company of Adventurers trading to Hudson's Bay, and every body corporate, and company, and person, to whom every such grant or license shall be made or given, as aforesaid, shall respec- tively keep accurate registers of all persons in their employ in any parts of North America, and shall, once in each year, return 'to his majesty's sec- retaries of state accurate duplicates of such registers, and shall also enter into such security as shall be required by his majesty for the due execu- tion of all processes, criminal and civil, as well within the territories included in any such grant, as within those granted by charter to the Governor and Company of Adventurers trading to Hudson's I^ay, and for the producing or delivering into safe custody, for purpose of trial, of all persons in their employ or acting under their authority, who shall be charged with any criminal offence, and also for the due and faithful observance of all such rules, regulations, and stipulations, as shall be con- tained in any such grant or license, either for diminishing or preventing the sale or distribution of spirituous liquors to the Indians, or for pro- moting their moral and religious improvement, or for any other object which his majesty may deem necessary for the remedy or prevention of the other evils which have hitherto been found to exist. L] proofs and illustrations. 469 " IV. And whereas, by a convention entered into between his majesty and the United States of ^/«c/-/fa, it was stipulated and agreed that any country on the north-west coast o( America to the westward of tlic Stoiii/ Mountains, should be free and open to the citizens and subjects of the two powers, for the term of ten years from the date of the signature of that convention ; Be it therefore enacted, That nothing in this act con- tained shall be deemed or construed to authorize any body corporate, company, or person, to whom his majesty may have, under the provisions of this act, made a grant or given a license of exclusive trade with the Indians in such parts oi North America as aforesaid, to claim or exercise any such exclusive trade within the limits specified in the said article, to the prejudice or exclusion of any citizens of the said United States of America, who may be engaged in the said trade : Provided always, that no British subject shall trade with the Indians within such limits without such grant or license as is by this act required. " V. And be it declared and enacted. That the said act, passed in the forty-third year of the reign of his late majesty, intituled An Act for ex- tending the jtirisdiction of the courts of justice in the provinces q/" Lower awr/ Upper Canada, to the trial and punishment of persons guilty of crimes and ojfences toithin certain parts of North America adjoining to the said provinces, and all the clauses and provisoes therein contained, shall be deemed and construed, and it is and are hereby respectively declared, to extend to and over, and to be in full force in and through, all the territo- ries heretofore granted to the Company of Adventurers of England trading to Hudson's Bay ; any thing in any act or acts of Parliament, or this act, or in any grant or charter to the company, to the contrary notwithstanding. " VI. And be it further enacted, That, from and after the passing of this act, the courts of judicature now existing, or which may be hereafter established in the province of Upper Canada, shall have the same civil jurisdiction, power, and authority, as well in the cognizance of suits as in the issuing process, mesne and final, and in all other respects whatsoever, within the said Indian territories, and other parts of America not within the limits of either of the provinces of Lower or Upper Canada, or of any civil government of the United States, as the said courts have or are invested with within the limits of the said provinces of Lower or Upper Canada respectively ; and that all and every contract, agreement, debt, liability, and demand whatsoever, made, entered into, incurred, or arising within the said Indian territories and other parts of America, and all and every wrong and injury to the person, or to property, real ox personal, com- mitted or done within the same, shall be, and be deemed to be, of the same nature, and be cognizable by the same courts, magistrates, or justices of the peace, and be tried in the same manner, and subject to the same conse- quences, in all respects, as if the same had been made, entered into, incurred, arisen, committed, or done, within the said province of Upper Canada ; any thing in any act or acts of Parliament, or grant, or charter, to the contrary notwithstanding: Provided always, thiit all such suits and actions relating to lands, or to any claims in respect of land, not being within the province of Upper Canada, shall be decided according to the laws of that part of the United Kingdom called England, and shall not be subject to or afiectcd by any local acts, statutes, or laws, of the legislature of Upper Canada. " VII. And be it further enacted, That all process, writs, orders, judg- ments, decrees, and acts whatsoever, to be issued, made, delivered, given, and done, by or under the authority of the said courts, or either of them, 470 PROOFS AND ILLUSTRATIONS. [L shall have tne same force, authority, and effect, within the said Indian territory and other parts o^ America as aforesaid, as the same now have within the said province of Upper Canada. " VIII. And be it further enacted. That it shall be lawful for the gov- ernor, or lieutenant-governor, or person administering the government for the time being, of Lower Canada, by commission under his hand and seal, to authorize all persons who shall be appointed justices of the peace under the provisions of this act, within the said Indian territories, or other parts oi America as aforesaid, or any other person who shall be specially named in any such commission, to act as a commissioner within the same, for the purpose of executing, enforcing, and carrying into effect, all such process, writs, orders, judgments, decrees, and acts, which shall be issued, made, delivered, given, or done, by the said courts of judicature, and which may require to be enforced and executed within the said Indian territo- ries, or such other parts oi North America as aforesaid; and in case any person or persons whatsoever , residing or being within the said Indian territories, or such other parts of America as aforesaid, shall refuse to obey or perform any such process, writ, order, judgment, decree, or act, of the said courts, or shall resist or oppose the execution thereof, it shall and may be lawful for the said justices of the peace or commissioners, and they, or any of them, are, and is, hereby required, on the same being proved before him, by the oath or affidavit of one credible witness, to commit the said person or persons so offending as aforesaid to custody, in order to his or their being conveyed to Upper Canada ; and that it shall be lawful for any such justice of the peace or commissioner, or any person or persons acting under his authority, to convey, or cause to be conveyed, such person or persons so offending as aforesaid to Upper Can- ada, in pursuance of such process, writ, order, decree, judgment, or act; and such person and persons shall be committed to jail by the said court, on his, her, or their being so brought into the said province of Upper Canada, by which such process, writ, order, decree, judgment, or act, was issued, made, delivered, given, or done, until a final judgment or decree shall have been pronounced in such suit, and shall have been duly per- formed, and all costs paid, in case such person or persons shall be a party or parties in such suit, or until the trial of such suit shall have been con- cluded, in case such person or persons shall be a witness or witnesses therein : Provided always, that, if any person or persons, so apprehended as aforesaid, shall enter into a bond recognizance to any such justice of the peace or commissioner, with two sufficient sureties, to the satisfaction of such justice of the peace or commissioner, or the said courts, conditioned to obey and perform such process, writ, order, judgment, decree, or act, as aforesaid, then and in such case it shall and may be lawful for the said justice of the peace or commissioner, or the said courts, to discharge such person or persons out of custody. " IX. And be it further enacted, That, in case such person or persons shall not perform and fulfil the condition or conditions of such recogni- zance, then and in such case it shall and may be lawful for any such justice or commissioner, and he is hereby required, to assign such recog- nizance to the plaintiff or plaintiffs, in any suit in which such process, writ, order, decree, judgment, or act, shall have been issued, made, deliv- ered, given, or done, who may maintain an action in the said courts in his own name against the said sureties, and recover against such sureties the full amount of such loss or damage as such plaintiff shall prove to have L] proofs and illustrations. 471 been sustained by him, by reason of the original cause of action in respect of which such process, writ, order, decree, judgment, or act, of the said courts were issued, made, delivered, given, or done, as aforesaid, notwith- standing any thing contained in any charter granted to the said Governor and Company of Adventurers of England trading to Hudson's Bay. " X. And be it further enacted. That it shall be lawful for his majesty, if he shall deem it convenient so to do, to issue a commission or com- missions to any person or persons to be and act as justices of the peace within such parts o^ America as aforesaid, as well within any territories heretofore granted to the Com})any of Adventurers o{ England trading to Hudson's Bay, as within the Indian territories of such other parts of America as aforesaid ; and it shall be lawful for the court in the province of Upper Canada, in any case in which it shall appear expedient to have any evidence taken by commission, or any facts or issue, or any cause or suit, ascertained, to issue a commission to any three or more of such jus- tices to take such evidence, and return the same, or try such issue, and for that purpose to hold courts, and to issue subpoenas or other processes to compel attendance of plaintiffs, defendants, jurors, witnesses, and all other persons requisite and essential to the execution of the several pur- poses for which such commission or commissions had issued, and with the like power and authority as are vested in the courts of the said province of Upper Canada; and any order, verdict, judgment, or decree, that shall be made, found, declared, or published, by or before any court or courts held under and by virtue of such commission or commissions, shall be considered to be of as full effect, and enforced in like manner, as if the same had been made, found, declared, or published, within the juris- diction of the court of the said province ; and at the time of issuing such commission or commissions shall be declared the place or places where such commission is to be opened, and the courts and proceedings there- under held ; and it shall be at the same time provided how and by what means the expenses of such commission, and the execution thereof, shall be raised and provided for. , " XI. And be it further enacted, That it shall be lawful for his majesty, notwithstanding any thing contained in this act, or in any charter granted to the said Governor and Company of Adventurers of England trading to Hudson's Bay, from time to time, by any commission under the great seal, to authorize and empower any such persons so appointed justices of the peace as aforesaid, to sit and hold courts of record for the trial of criminal offences and misdemeanors, and also of civil causes; and it shall be lawful for his majesty to order, direct, and authorize, the appointment of proper officers to act in aid of such courts and justices within the juris- diction assigned to such courts and justices, in any such commission ; any thing in this act, or in any charter of the Governor and Company of Merchant Adventurers o{ England trading to Hudson's Bay, to the con- trary notwithstanding. " XII. Provided always, and be it further enacted. That such courts shall be constituted, as to the number of justices to preside therein, and as to such places within the said territories of the said company, or any Indian territories, or other parts of North America as aforesaid, and the times and manner of holding the same, as his^majesty shall from time to time order and direct ; but shall not try any offender upon any charge or indictment for any felony made the subject of capital punishment, or 472 PROOFS AND ILLUSTRATIONS. [L for any offence, or passing sentence affecting the life of any offender, or adjudge or cause any offender to suffer capital punishment or transporta- tion, or take cognizance of or try any civil action or suit, in which the cause of such suit or action shall exceed in value the amount or sum of two hundred pounds; and in every case of any offence subjecting the per- son committing the same to capital punishment or transportation, the court or any judge of any such court, or any justice or justices of the peace, before whom any such offender shall be brought, shall commit such offender to safe custody, and cause such offender to be sent in such custody for trial in the court of the province of Upper Canada. " XIII. And be it further enacted, That all judgments given in any civil suit shall be subject to appeal to his majesty in council, in like manner as in other cases in his majesty's province of Upper Canada, and also in any case in which the right or title to any land shall be in question. " XIV. And be it further enacted, That nothing in this act contained shall be taken or construed to affect any right, privilege, authority, or jurisdiction, which the Governor and Company of Adventurers trading to Hudson's Bay are by law entitled to claim and exercise under their charter ; but that all such rights, privileges, authorities, and jurisdictions, shall remain in as full force, virtue, and effect, as if this act had never been made ; any thing in this act to the contrary notwithstanding." Shortly before the passage of this act, the Hudson's Bay Company was united with the North-West Company, or rather the latter was merged in the former; and on the 21st of December, I82I, the king made a (4.) " Grant of the exclusive Trade with the Indians of North America to the Hudson's Bay Company," of which the following are the terms : — " And whereas the said Company of Adventurers of England, trading into Hudson's Bay, and certain associations of persons trading under the name of the North-West Company of Montreal, have respectively extended the fur trade over many parts of North America, which had not been before explored : And whereas the competition in the said trade has been found, for some years past, to be productive of great inconvenience and loss, not only lo the said company and associations, but to the said trade in general, and also of great injury to the native Indians, and of other persons our subjects : And whereas the said Governor and Company of Adventurers of England, trading into Hudson's Bay, and William Mc- Gillivray, of Montreal, in the province of Lower Canada, Esquire, Simon McGillivray, of Suffolk Lane, in the city of London, merchant, and Edward Ellice, of Spring Gardens, in the county of Middlesex, Esquire, have represented to us, that they have entered into an agreement on the 26th day of March last, for putting an end to the said competition, and carry- I.] PROOFS AND ILLUSTRATIONS. 473 ing on the said trade for twenty-one years, commencing with the outfit of 1821, and ending with the returns of 1841, to be carried on in tlie name of the said Governor and Company exclusively : And whereas the said Governor and Company, and W. McGillivray, S. McGillivray, and E. Ellice, have humbly besought us to make a grant, and give our royal license to them jointly, of and for the exclusive privilege of trading with the Indians in North America, under the restrictions and upon the terms and conditions specified in the said recited act : — " Now, know yc, that we, being desirous of encouraging the said trade, and remedying the evils which have arisen from the competition which has heretofore existed therein, do grant and give our royal license, under the hand and seal of one of our principal secretaries of state, to the said Governor and Company, and W. McGillivray, S. McGillivray, and E. El- lice, for the exclusive privilege of trading with the Indians, in all such parts of North America, to the northward and westward of the lands and territories belonging to the United States of America, as shall not form part of any of our provinces in North America, or of any lands or terri- tories belonging to the said United States of America, or to any European government, state, or power ; and we do by these presents give, grant, and secure, to the said Governor and Company, and W. McGillivray, S. McGillivray, and E. Ellice, jointly, the sole and exclusive privilege, for the full period of twenty-one years from the date of this our grant, of trading with the Indians in all such parts of North America as aforesaid, (except as thereinafter excepted :) And we do hereby declare that no rent shall be required or demanded for or in respect of this our grant and license, or any privileges given thereby, for the said period of twenty-one years, but that the said Governor and Company, and W. McGillivray, S. McGillivray, and E. Ellice, shall, during the period of this our grant and license, keep accurate registers of all persons in their employ, in any parts of North America, and shall once in each year return to our secretary of state accurate duplicates of all such registers, and shall also enter into and give security to us, our heirs and successors, in the penal sum of five thousand pounds, for insuring, as far as in them may lie, the due execu- tion of all the criminal processes, and of any civil process, in any suit, where the matter in dispute shall exceed two hundred pounds, by the officers and persons legally empowered to execute such processes, within all the territories included in this our grant, and for the producing and delivering into safe custody, for purposes of trial, any persons in their employ or acting under their authority, within the said territories, who may be charged with any criminal offence. " And we do hereby require that the said Governor and Company, and W. McGillivray, S. McGillivray, and E. Ellice, shall, as soon as the same can be conveniently done, make and submit, for our consideration and approval, such rules and regulations for the management and carrying on the said fur trade with the Indians, and the conduct of the persons employed by them therein, as may appear to us to be effectual, for gradu- ally diminishing or ultimately preventing the sale and distribution of spirituous liquors to the Indians, and for promoting their moral and religious improvement. — And we do hereby declare that nothing in this our grant contained shall be deemed or construed to authorize the said Governor and Company, or W. McGillivray, S. McGillivray, and E. Ellice, or any person in their employ, to claim or exercise any trade with 60 474 PROOFS AND ILLUSTRATIONS. [I. the Indians on the north-west coast of America, to the westward of the Stony Mountains, to the prejudice or exclusion of any citizen of the United States of America, who may be engaged in the said trade : Pro- vided always, that no British subjects other than and except the said Governor and Company, and the said W. McGillivray, S. McGillivray, and E. Eilice, and the persons authorized to carry on exclusive trade by them on grant, shall trade with the Indians within such limits, during the period of this our grant." Under this license, the parties to whom it was granted continued their operations until 16-24, when the claims of the North-West Company were extinguished by mutual consent ; the Hudson's Bay Company then became the sole possessor of the privileges conceded, which were enjoyed by that body until the expiration of the grant. Previous to that period, 1838, a new grant was made to the company, entitled, (5.) " Crown Grant to the Hudson's Bay Company of the exclusive Trade with the Indians in certain Parts of North America, for a Term of twenty-one Years, and upon Surrender of a former Grant" which, after recapitulating the terms of the first grant, continues thus : " And whereas the said Governor and Company have acquired to themselves all the rights and interests of the said W. McGillivray, S. McGillivray, and E. Eilice, under the said recited grant, and the said Governor and Company have humbly besought us to accept a surrender of the said grant, and in consideration thereof to make a grant to them, and give to them our royal license and authority of and for the like exclusive privilege of trading with the Indians in North America, for the like period, and upon similar terms and conditions to those specified and referred to in the said recited grant : Now, know ye, that, in consideration of the surrender made to us of the said recited grant, and being desirous of encouraging the said trade, and of preventing as much as possible a recurrence of the evils mentioned or referred to in the said recited grant, as also in consideration of the yearly rent hereinafter reserved to us, we do hereby grant and give our license, under the hand and seal of one of our principal secretaries of state, to the said Governor and Company, and their successors, for the exclusive privilege of trading with the Indians in all such parts of North America, to the northward and to the westward of the lands and territories belonging to the United States of America, as shall not form part of any of our provinces in North America, or of any lands or territories belonging to the said United States of America, or to any European government, state, or power, but subject, nevertheless, as hereinafter mentioned : And we do, by these presents, give, grant, and secure, to the said Governor and Company, and their successors, the sole and exclusive privilege, for the full period of twenty-one years from the date of this our grant, of trading with the Indians in all such parts of North America as aforesaid, (except as hereinafter mentioned : ) And we 1.] PROOFS AND ILLUSTUATIONS. 475 do hereby declare that no rent shall be required or demanded for or in respect of this our grant and license, or any privileges given thereby for the first four years of the said term of twenty-one years ; and we do hereby reserve to ourselves, our heirs and successors, for the remainder of the said term of twenty-one years, the yearly rent or sum of five shillings, to be paid by the said Governor and Company, or their successors, on the 1st day of June, in every year, into our exchequer, on the account of us, our heirs and successors : And we do hereby declare that the said Governor and Company, and their successors, shall, during the period of this our grant and license, keep accurate registers of all persons in their employ in any parts of North America, and shall, once in each year, return to our secretary of state accurate duplicates of such registers; and shall also enter into and give security to us, our heirs and successors, in the penal sum of five thousand pounds, for insuring, as far as in them may lie, or as they can by their authority over the servants and persons in their employ, the due execution of all criminal and civil processes by the officers and persons legally empowered to execute such processes within all the terri- tories included in this our grant, and for the producing or delivering into custody, for the purposes of trial, all persons in their employ or acting under their authority, within the said territories, who shall be charged with any criminal offence : And we do also hereby require that the said Gov- ernor and Company, and their successors, shall, as soon as the same can conveniently be done, make and submit for our consideration and approval, such rules and regulations for the management and carrying on the said fur trade with the Indians, and the conduct of the persons employed by them therein, as may appear to us to be effectual for diminishing or pre- venting the sale or distribution of spirituous liquors to the Indians, and for promoting their moral and religious improvement : But we do hereby declare that nothing in this our grant contained shall be deemed or con- strued to authorize the said Governor and Company, or their successors, or any persons in their employ, to claim or exercise any trade with the Indians on the north-west coast of America, to the westward of the Stony Mountains, to the prejudice or exclusion of any of the subjects of any foreign states, who, under or by force of any convention for the time being, between us and such foreign states respectively, may be entitled to, and shall be engaged in, the said trade: Provided, nevertheless, and we do hereby declare our pleasure to be, that nothing herein contained shall extend or be construed to prevent the establishment by us, our heirs, or successors, within the territories aforesaid, or any of them, of any colony or colonies, province or provinces, or for annexing any part of the afore- said territories to any existing colony or colonies to us in right of our imperial crown belonging, or for constituting any such form of civil government, as to us may seem meet, within any such colony or col- onies, or provinces : " And we do hereby reserve to us, our heirs and successors, full power and authority to revoke these presents, or any part thereof, in so far as the same may embrace or extend to any of the territories aforesaid, which may hereafter be comprised within any colony or colonies, province or provinces, as aforesaid : " It being, nevertheless, hereby declared that no British subjects, other than and except the said Governor and Company, and their successors, and the persons authorized to carry on exclusive trade by them, shall 476 PROOFS AND ILLUSTRATIONS. [K. trade with the Indians during the period of this our grant, within the limits aforesaid, or within that part thereof- which shall not be com- prised within any such colony or province as aforesaid." K. Tkeaties and Conventions relative to the North-West Territories of North America. (!•) Convention between Great Britain and Spain, [commonly called the NooTKA Treaty,) signed at the Escurial, October 28rn boundary not deter- mined by coiinnissarles agreeably to the treaty of Utrecht, as generally sup- posed, 281, 436. GENERAL INDEX. 489 M. MacDougal, Duncan, partner in the Pa- cific Company, 294. Sells the estab- lishments to the North-West Company, 303. See Astoria. MacDuffie, George, speech in the Senate of the United States on the bill for the occupation of Oregon, 38'2. MacKenzie, Alexander, explores the north- western parts of America J reaches tlie Arctic Sea, 263. Reaches the Pacific, 264. MacKenzie River discovered by MacKenzie, 263. MacRoberts, Samuel, speech in the Senate of the United States on the bill for the occupation of Oregon, 382. Magellan, Fernando, sails from the Atlan- tic through Magellan's Strait into the Pacific, and across the latter ocean to India, 48. Malaspina, Alexandro, explores the coasts near Mount St. Elias, in search of a passage supposed to communicate with the Atlantic ; arrested and imprisoned on his return to Spain; his name not mentioned in the account of his voyage otficially published at Madrid, 222. Maldonado, Lorenzo Ferrer de, account of his pretended voyage from the At- lantic to the Pacific, 79. Maquinna, chief of Nootka, 167. Grants land to Meares for his temporary use, 174. Denies that the British had bought lands or erected buildings at Nootka, 242. Takes the ship Boston, of Boston, and murders nearly all her crew, 268. Marchand, Etienne, commands the ship Solide, from Marseilles, in her voyage around the world, 223. Sees the islands which had been previously discovered by Ingraham, of which he sent an ac- count to France, claiming the discovery. Ingraham's claim admitted by Fleu- rieu, the editor of Marchand's Journal; Journal of Marchand's voyage, edited by Fleurieu; general character of the work, 223. See Fleurieu. Marcos de Niza, a Franciscan friar, pre- tends to have discovered a rich and populous country, called Cibola, north- west of Mexico, 59. Marquesas Islands, discovered by Menda- na, 95. North Marquesas or Washing- ton Islands, discovered by Ingraham, 226. These islands occupied by the French, 374. Martinez, Estevan, pilot to Perez, in the Santiago; pretends to have rediscovered the Strait of Fuca, 116. Commands in a voyage of observation to the coasts occupied by the Russians, 185. Or- dered by the viceroy of Mexico to oc- cupy Nootka Sound, 187. Arrives at Nootka, 191. Seizes the Iphigenia, 62 but afterwards releases her, 192. Seizes the North-West America, 194. Seizes the Argonaut, and imprisons her cap- tain, 195. Seizes the Princess Royal, 198, Reflections oi\ these acts, 197. Returns to Mexico, 198. Mauielle, Antonio, pilot, under Bodega, in his voyages along the north-west coasts, 117 — 125. His Journal of the first of these voyages, translated and printed at London, 117. Importance of this work, 123. His Journal of the other voyage, 125. Meares, John, his first voyage to the north-west coast, 166. His second voy- age, under tjie Portuguese flag, with the Felice and Iphigenia, 172. In- structed to take any vessels which may attempt to molest him, but not in- structed to form any establishment or purchase lands, 173. Reasons for his sailing under the Portuguese flag, 174. Arrives in the telice at Nootka, where he obtains from Maquinna the use of a piece of ground, afterwards claimed by him as purchased, 174. Receives from Berkeley an account of the rediscovery of the Strait of Fuca, by the latter, 171. Yet claims the merit of the rediscovery himself, 175. Seeks in vain for the great River San Roque, (the Columbia,) as laid down on Spanish charts, 176. Declares that no such river exists, 177. Yet the British government claims the discovery of the Columbia for him, 178, 440. His account of the arrival of the sloop Washington at Nootka, 181. Re- turns to China, 180. Sent to London, to complain of the seizure of the vessels at Nootka, by the Spaniards, 202. His memorial to the British government, 203. Its numerous falsehoods and in- consistencies, 172, 175, 178, 193, 211. Mendocino, Cape, 19. Discovered, 65. Mendoza, Antonio de, sent as viceroy to supersede Cortes in the government of Mexico, 56. Attempts to discovernew countries in America, 57. Mendoza, Diego Hurtado, commands the ships sent by Cortes to explore the Pa- cific coasts of America, 53. Metcalf, voyage c", fires on the natives at Mo wee, 224. Young Metcalf and his crew murdered by the natives of Owyhee, 225. Moncachtabi;, an Indian, his account of a great river,tiowing from the central parts of North America to the Pacific, 145. Monroe, James, secretary of state of the United States, declares to the British minister the intention of his govern- ment to secure the possession of the mouth of the Columbia, agreeably to the treaty of Ghent, 307. President of the United States; his message, de- 490 GENERAL INDEX. daring the American continents not subject to colonization by European nations, 335. Monterey discovered by Cabrillo, and so named by Vizcaino, 92. Colony es- tablished there by the Spaniards, 109. Taken by a Buenos Ayrean privateer, 365. Taken by an American squad- ron, under Captain Jones, 367. Morehead, James T., speech in the Sen- ate of the United States on the bill for the occupation of Oregon, 381. N. Navarrete, Martin F. de, chief of the Hy- drographical Department at Madrid ; his labors with regard to the history of ear- ly voyages of discovery in America, 84. Nootka Sound discovered by the Span- iards under Perez, and called Port San Lorenzo, 113. Cook enters it with his ships, and calls it King George's Sound, 153. The principal rendezvous of the fur trader for some time, 167. Proceedings of Meares at Nootka, 174. The Spaniards determine to occupy it, 187. Proceedings of the Spaniards under Martinez, 191. Claims of the British to the possession of the country examined, 242, 256. The Spaniards abandon it, 257. Capture of the ship Boston by the natives, and murder of her crew, 268. Nootka treaty, or convention of 1790, between Great Britain and Spain, 477. Discussions which led to it, 202 — 209. (See Meares.) Review of its stipula- tions, 213, 258. Expired in 1796, 258, 318. Not to be regarded as a definitive settlement of principles, 340. Its con- tinual subsistence asserted by Great Britain, 349. North- West Fur Trading Company of Montreal founded; its system, 261. First posts established by it west of the Rocky Mountains, 291. Purchases the establishments of the Pacific Company, 304. Disputes with the Hudson's Bay Company, 323. Union of the two com- panies, 325. o. Oregon, river, so called by Carver, sup- posed to flow from the central parts of North America to the Pacific, 142. (See Carver.) Name applied to the country drained by the Columbia, 359. De- scription of Oregon, 21. Ossinobia, name given by Lord Selkirk to the country purchased by him on the Red River, 324. Owyhee, or Hawaii, the largest of the Sandwich Islands, discovered by Cook, 157. P. Perez, Juan, voyage from Mexico along the north-west coast to the 54th degree of latitude, 114. Discovers Nootka Sound, called by him Port San Loren- zo, 116, 153. Perouse, Francois G. de la, voyage along a part of the north-west coast, 163. Phelps, Samuel S., his speech in the Senate of the United States on the bill for the occupation of Oregon, 381. Philippine Islands conquered by the Spaniards, 67. Poletica, Chevalier de, Russian minister in the United States; correspondence with the American government respect- ing the ukase of 1821, 332. Promuschleniks, general name for the Russians employed in the service of the Russian American Trading Company, 270. a. Quadra and Vancouver's Island, 29, 240. Quadra. See Bodega. Queen Charlotte's or Washington's Is- land, discovered by Perez, 115. Not seen by Cook, 153, 170. Seen by La Perouse, 164 ; and by Dixon, who gave it its present name, 164. Its west coast first explored by Gray, who names it Washington's Island, 199. Described, 29, Queen Charlotte's Sound, name first given to the northern entrance of the Strait of Fuca, 240. R. Rives, William C, his speech in the Sen- ate of the United States on the bill for the occupation of Oregon, 384. Rocky Mountains described, 5. First called the Shining Mountains, or Moun- tains of Bright Stones, 143, 262. Rush, Richard, minister plenipotentiary of the United States at London ; discus- sion with Lord Castlereagh respecting the restoration of Astoria, 308. His first negotiation respecting the claims of the United States, 314. Concludes a convention on the subject in 1818, 315. His second negotiation on the subject, 336. Talent and industry dis- played by him, 340. Russia, government proposes an arrange- ment with the United States respecting the trade of American vessels in the North Pacific, 275. Forbids foreign GENERAL INDEX. 491 vessels from trading in the North Pa- cific, 332. (See Ukase.) Convention with the United States, 342. Treaty with Great Britain, 343. Convention with the United States virtually abro- gated by that treaty, 343. Refuses to renew the fourth article of the conven- tion with the United States, 362. Russian American Company established by charter, 269. Its territories, 36. Its system, 270. Abuses in the admin- istration of its possessions, 271. Many abuses removed, 274. Renewal of its charter ; great improvement in its sys- tem, 364. Leases a part of its terri- tories to the Hudson's Bay Company, 364. Russians conquer Northern Asia, 127. Their discoveries in the North Pacific, 131, et seq. s. San Diego, 17. Discovered by Vizcaino, 92. The first Spanish colony on the west coast of California planted there, 109. San Francisco Bay, 17. The northern- most spot on the west coast of America occupied by the Spaniards previous to May, 1789, 248. San Lucas, Cape, the southern extremity of California, 15. San Roque, river so called by the Span- iards, the same now called the Colum- bia, discovered, 120, 430. Sandwich Islands described, 39. Dis- covered by Cook, 157. Frequented by the Fur Traders, 1G8. Capture of the schooner Fair American by the na- tives, 225. Pretended cession of Owy- hee to Great Britain by Tamahamaha, 251. Tamahamaha sovereign of the whole group, 268. Death of Tama- hamaha, 329. Christianity introduced into the islands, 330. Proceedings of the American missionaries ; language of the islands, 330. E.xpulsion of the Catholic missionaries, and their rein- statement, 371. The British occupy the islands temporarily, 373. Diminution of the native population, 374. See Cook, Tamahamaha, Metcalf, Vancou- ver, Ingraham. Santa Barbara Islands, 17. Discovered by Cabrillo, 64. Schelikof, Gregory, establishes Russian colonies on the coasts and islands of America, 161. The founder of the Russian American Company, 269. Sevier, Ambrose, speech in the Senate of the United States on the bill for the occupation of Oregon, 382. Sitka, or New Archangel, capital of Rus- sian America, 37. Founded by Ba- ranof, 270. Snake River. See Lewis River. South Pass in the Rocky Mountains, 6. Discovered by Ashley, 357. Sutil and Mexicana, voyage of, 239, 241. See Galiano and Valdes. Tamahamaha, a chief of note in Owyhee, 168. King of Owyhee, 249. Pretend- ed cession of the sovereignty of his island to the British, 251. Acquires the dominion over all the islands, 268. His acuteness in trade, 269, 296. His death and character, 329. Tchirikof, Alexei, voyages of, 129, 130, 133. See Bering. Treaty of partition between Spain and Portugal in 1494, 46. Of Saragossa, between the same powers, in 1529, 49. The American treaty between Spain and England, in 1670, 102. Treaty of Utrecht, between Great Britain and France, in 1713, 140. No line of bound- ary between the possessions of those powers settled by that treaty, 140, 281, 436. Family Compact, in 1762, be- tween France and Spain, 103. Dis- solved, 207. Treaty of Versailles, be- tween England, France, Spain, and Portugal, in 1763, 102, 278. Nootka treaty, of 1790, between Great Britain and Spain, 209, 258, 318, 476. Treaty of ISOO, by which Spain ceded Louis- iana to France, 276, 279. Treaty of 1803, by which France ceded Louis- iana to the United States, 276, 279. Treaty of Ghent, in 1814, between the United States and Great Britain, 306.-- Florida treaty between the United States and Spain, in 1819, 31G, 478. Treaty between Great Britain and Rus- sia, in 1825, 342, 479. Treaty between the United Slates and Great Britain, settling boundaries east of the Lake of the Woods, 377. See Conventions. Tyler, John, president of the United States ; message respecting the Sand- wich Islands, 372. Message respecting Oregon, 378. u. Ukase of the Russian government, pro- hibiting vessels of other nations from frequenting the North Pacific coasts, 322. Correspondence respecting it, be- tween the secretary of state of the United States and the Russian plenipo- tentiary, at Washington, 333. Protest of the British government against it, 335. Ulloa, Francisco, voyage through the Gulf of California and along the west coast, 58. 492 GENERAL INDEX. UUoa, Antonio, secret information afford- ed by him to the Spanish government, respecting the state of the Spanish provinces in South America, in 1740, 105. Unalashka Island, 38. Visited by Cook, 155, who there first meets with Rus- sians, 156. United States, first voyages of their citi- zens to the Pacific and to China, 179. First voyages to the north-west coast of America, 180. Their citizens alone can occupy Oregon, 403. Urdaiieta, Andres de, discovers the mode of crossing the Pacific from west to east, 67. Supposed to have discovered a northern passage between the Atlan- tic and Pacific, 78. Utah Salt Lake, 20. V. Vancouver, George, sails from England on an exploring voyage to the Pacific, and as commissioner on the part of Great Britain to receive the lands and buildings to be restored by Spain, agreeably to the Nootka convention, 217. Reaches the north-west coast of America, 232. Declares that no river or harbor of consequence is to be found between the 40th and the 4Sth degree of latitude, 233. Meets Gray, and receives from him an account of the discovery of a great river, 232, which he disbelieves, 233. Enters the Strait of Fuca; explores Admiralty In- let, and takes possession of the whole surrounding territory, 238. Remarks on this act; meets Galiano and Val- des, and continues the survey of the strait, 239. Passes through the strait, and arrives at Nootka, 240. Claims the discovery of the Washington or North Marquesas Islands for Hergest, though he knew them to have been first seen by the Americans, 242. Ne- gotiations with the Spanish commis- sioner Quadra, 242. Claims the whole territory around Nootka for Great Brit- ain, 243. His unfair synopsis of the letter of Gray and Ingraham, 244, 417, Receives accounts and charts of Gray's discoveries from Quadra; sends Brough- ton to examine Columbia River, 247. At the Sandwich Islands, executes per- sons falsely charged- with the murder of his officers, 249. Examines a large portion of the north-west coasts, and returns to the Sandwich Islands, 250. Pretended cession of Owyhee to him for his sovereign, 251. Circumstances connected with that affair, 252. Re- turns to the north-west coast, of which he completes the survey, 254. Names given by him to places, 255. Returns to England ; his death ; great value of his journal; his hatred of Ameri- cans, and constant injustice towards them, 256. Vizcaino, Sebastian, exploring voyage along the north-west coast, 91. De- sires to found colonies on those coasts, 94. Death, 95. w. Washington's or Queen Charlotte's Is- land, east coast first explored by Gray, 199. Washington or North Marquesas Islands, discovered by Ingraham, 226. Discov- ery claimed by Marchand, who, how- ever, admits the priority of Ingraham's claim, 228. Discovery claimed by Van- couver for Hergest, 242. Occupied by the French, 374. Webster, Daniel, secretary of state of the United States, concludes a treaty with Lord Ashburton, settling the boundaries east of the Lake of tire Woods, 378. Whidbey surveys Bulfinch's Harbor, 246. Wiccanish, king of Nittinat, 167. Wilkes, Charles, his voyage of explora- tion in the Pacific, 376: — - 3*1 r Willamet, river and valley, 26. First settlements of citizens of the United States there, 361. Woodbury, Levi, speech in the Senate of the United States on the bill for the occupation of Oregon, 381. Wyeth, Nathaniel, endeavors to establish trading posts on the Columbia, 359. Great value of his accounts of Oregon, 360. ^■' "c^^ k~^:< ^ Jt^:: ^; C:C^^^^ 3^ :R?5J ^.^ ^<^<2'C ■ CCCfT 1 mm: ^:^^ «M« f^^r . Crc- -CC 4'Gc;rc'' ^.c eye , etc I ^% *c: < < cc s ^ c c c < c c c c ■ t im^^ ^ cc C^Cec- CTCfcc ^ CO fe (Of - C$C( zee c^ Cc . ■ r r ^^;. ct<-c:- c< ^, -■