No. V. Declarations of W. H. McNeill, W. Mitchell, Captain Swanson, Messrs. Anderson, H. G. Lewis, and TO all to whom these presents shall come, I, Montague William Tyrwhitt Drake, of the City of Victoria, Province of British Columbia, Dominion of Canada, Notary Public, duly admitted, and practising, in pursuance of an Act of Parliament made and passed in the 6th year of the reign of His Majesty King William IV, intituled "An Act to repeal an Act of the present Session of Parliament, intituled an Act for the more effectual Abolition of Oaths and Affirmations, taken and made in various Departments of the State, and to substitute Declarations in lieu thereof, and for the more entire suppression of voluntary and extrajudicial Oaths and Affidavits, and to make other provisions for the abolition of unnecessary Oaths," I do hereby certify that, on the day of the date hereof, personally came and appeared before me, Henry Slye Mason, named and described in the declaration hereunto annexed, being a person well-known, and worthy of good credit; and by solemn declaration which the said Henry Slye Mason then made before me, did solemnly and sincerely declare to be true, the several matters and things mentioned and contained in the said annexed Declaration: In faith and testimony whereof I have set my hand and seal of office, and have caused the said Declaration to be hereunto annexed. Dated in Victoria, the 29th day of September, A.D. 1871. (Signed) M. W. TYRWHITT DRAKE, Notary Public. I hereby certify, that Montague William Tyrwhitt Drake, whose signature is hereunto attached, is a Notary Public, duly admitted and practising in the City of Victoria, Province of British Columbia, Dominion of Canada. In testimony whereof I have hereunto set my hand and official seal, this 4th day of October, 1871. This is the paper writing marked Z, produced and shown to William Henry McNeill, William Mitchell, and John Swanson, and referred to in their several declarations, marked respectively A, B, and C, declared this 27th day of September, 1871. Appendix. No. V. Notary Public. I, Henry Slye Mason, of Victoria, in the Province of British Columbia, in the Dominion of Canada, Clerk to the Attorney-General, do solemnly and sincerely declare as follows: That the following are the interrogatories submitted to Herbert G. Lewis, Alexander Caulfield Anderson, John Swanson, William H. McNeil, and William Mitchell; and on the perusal of which interrogatories they gave the answers respectively contained in the several accompanying Statutory Declarations, marked A, B, C, D, and E:- Interrogatories relative to the North-West Water Boundary Question submitted to Alexander Caulfield 1. About 1845-46, had the Hudson's Bay Company any fort or settlement on the Fraser River? 3. The date of the settlement of Fort Langley on Fraser River? 4. About the time of the negotiation of the Treaty of June 1846, what was the common opinion of Great Britain insisting on the 49th parallel being deflected in a southerly direction through the Straits of Fuca to the Pacific, instead of cutting through Vancouver's Island? 5. If to secure access to the possessions to the northward of 49° parallel, state what possessions Great Britain held to the northward of 49°, and where ? 6. If the free navigation of the Straits and adjacent Channel was not guaranteed to Great Britain, how could access be obtained to those possessions north of 49° ? 7. When the Treaty was signed in June 1846, and previous to that date, which Channel was known and used by vessels amongst the islands forming the Archipelagos between Vancouver's Island and the Continent, to get access to our Dominions north of 49° ? 8. Forward proofs and affidavits, legally attested by captains of vessels, and others, who made use of the Channel then known, and their reasons for making use of it? 9. Previous to the signing of the Treaty in 1846, and also at that time, how many channels were known to be navigable amongst the islands forming the Archipelago between Vancouver Island and the Continent of America? And I, Henry Slye Mason, above-named, solemnly declare, that I make the above statements, conscientiously believing the same to be true. And by virtue of the provisions of an Act made and passed in the 6th year of the reign of His Majesty King William IV, intituled "An Act to repeal an Act of the present Session of Parliament, intituled an Act for the more effectual abolition of Oaths and Appendix Affirmations taken and made in various Departments of the State, and to substitute Declarations in lieu thereof, and forthe more entire suppression of voluntary and extra-judicial Oaths and Affidavits, and to make other provisions for the abolition of unnecessary Oaths." Declared at Victoria, in the Province of British Columbia, Dominion of Canada, this 29th day of TO all whom these presents shall come: I, Montague William Tyrwhitt Drake, of the City of Victoria, Province of British Columbia, Dominion of Canada, Notary Public, duly admitted and practising in pursuance of an Act of Parliament made and passed in the sixth year of the reign of His Majesty King William IV, intituled "An Act to Repeal an Act for the more effectual Abolition of Oaths and Affirmations taken and made in various Departments of the State, and to substitute Declarations in lieu thereof, and for the more entire Suppression of voluntary and extrajudicial Oaths and Affidavits, and to make other provisions for the Abolition of unnecessary Oaths," do hereby certify that, on the day of the date hereof, personally came and appeared before me, William Henry McNeill, named and described in the declaration hereunto annexed, being a person well known and worthy of good credit, and by solemn declaration which the said William Henry McNeill then made before me, did solemnly and sincerely declare to be true, the several matters and things mentioned and contained in the said annexed Declaration. In faith and testimony whereof I have set my hand and seal of office, and have caused the said Declaration to be hereunto annexed. Dated in Victoria the 29th day of September, A.D. 1871. (Signed) M. W. TYRWHITT DRAKE, I hereby certify that Montague William Tyrwhitt Drake, whose signature is hereunto attached, is a Notary Public, duly admitted and practising in the City of Victoria, Province of British Columbia, Dominion of Canada. In testimony whereof I have hereunto set my hand and official seal, this 4th day of October, A.D. 1871. This is the paper writing marked A, shown to Henry Slye Mason, at the time of making his Declaration, and therein referred to on the 29th day of September, 1871. Before me: I, William Henry McNeill, of Gonzalo Bay, Vancouver Island, in the Province of British Columbia, Dominion of Canada, now a settler, do solemnly and sincerely declare as follows: I am 68 years of age, and at 20 years of age I became a master mariner. I have been on the North-west Pacific Coast since 1832, and have been employed as a master mariner during the greater part of that time till 1863 on the said coast. From 1832 till 1837 I was employed by the Hudson's Bay Company, in the command of the ship "Llama," which during that period plied between Columbia River and Fort Simpson, British Columbia, 54° north latitude. On two occasions during that period, in going through the Straits of Fuca to Fraser River, and returning from Fraser to Columbia River, I passed through Rosario Straits. My reason for not passing through Haro Straits was that there was then no known or surveyed channel through Haro Straits; on the other occasions I went to the westward of Vancouver Island. During the whole of this period I never heard of a vessel passing through Haro Straits, and Rosario Straits was the only channel known and surveyed, and I was in constant communication during such period with seafaring men who traversed the waters between Vancouver Island and the mainland. In 1837 and from thence till 1843 I commanded the steamer "Beaver," belonging to the Hudson's Bay Company, and she was employed during that time in trading between Fort Simpson aforesaid, Fraser River, and Nisqually-Puget Sound. During all that time between 1837 and 1843, I never heard of a vessel going through Haro Straits, and I was during that period, from 1837 till 1843, in constant communication with shipmasters trading on the said waters. In 1843 I went to England, and continued absent from this North-west Pacific Coast for twelve months, and returning in 1844, I was still in the Hudson's Bay Company's service at Stekin, Fort Rupert, and Fort Simpson on the said North-west Pacific Coast, and from thence till 1846 I never heard of any vessel going through Haro Straits, with the exception of the steamer "Beaver," in 1846. Till then she always went through Rosario Straits on her usual voyages in the Hudson's Bay Company's employ, the only then known channel. During all this time till 1846, I never heard of Haro Straits being used by vessels, and I was in constant communication with ship-masters trading in the waters between Vancouver Island and the 3 mainland, and the North-west Pacific Coast. And since 1846 Rosario Straits has still been the most usual channel for sailing-vessels. In navigating these waters between Vancouver Island and the mainland, I always used Vancouver's charts, and heard of no others till the chart made in pursuance of the survey of Captain Richards and his officers, with the exception of the old Spanish Chart, which was of little value. The first chart which I knew of as laying down a survey of Haro Straits, was Captain Richards' Chart. I further say that Vancouver Island was generally supposed to be united with what is now named Galiano Island on Richards' Chart till after Captain Richards' Survey. In Rosario Straits the currents and tides are comparatively regular, but in Haro Straits and round the islands adjacent to Vancouver Island, and in the waters about Vancouver Island itself, the tides and currents are always very irregular. Referring to the questions submitted to me relative to the boundary line referred to in the Treaty of Oregon, in answer to the first question I declare as aforesaid. 1. That about 1845 and 1846 the Hudson's Bay Company had a settlement at Langley, on the Fraser River, and the said settlement existed since 1827 or 1828, to the best of my knowledge and belief. 2. In answer to the second question, I declare as aforesaid, that trading vessels or other craft communicated with the settlement of Langley from foreign parts, and from the settlements on the Columbia River or its neighbourhood by the Straits of Rosario and the Gulf of Georgia. 3. In answer to the third question, I declare as aforesaid that, to the best of my knowledge, information, or belief, Langley, on the Fraser River, was settled about the year 1827 or 1828. 4. In answer to the fourth question, I declare as aforesaid that, about the time of the negotiation of the Treaty of June, 1846, the common opinion as to the object of Great Britain insisting on the 49th parallel being deflected in a southerly direction, and through the Straits of Fuca to the Pacific, instead of cutting through Vancouver Island, was that it was to secure access to her possessions to the northward of the 49th parallel through the Straits of Fuca. 5. In answer to the fifth question, I declare as aforesaid that Great Britain then held British Columbia, up to parallel of the north latitude 54°40' and Vancouver Island. 6. In answer to the sixth question, I declare as aforesaid that, if the free navigation of the straits and adjacent channel was not guaranteed to Great Britain, access could only be secured and obtained to those possessions by ships going to the westward of Vancouver Island. And as regards those possessions on the coast of British Columbia between the 51st and 49th parallel, access would have to be sought through a strait which is intricate and difficult of navigation, by reason of the strength of the tides, and almost impracticable for sailing vessels. 7 and 8. In answer to the seventh and eighth questions, I declare as aforesaid that, when the Treaty was signed in June 1846, and previous to that date, the channel which was known and used by vessels amongst the islands forming the archipelago between Vancouver Island and the continent to get access to the Dominion of Great Britain north of the 49th parallel, was the Strait of Rosario, and that channel only, as it was then the only surveyed channel. 9. In answer to the ninth question, I declare as aforesaid that, previous to the signing of the Treaty in A.D. 1846, and also at that time, the only channel known to be navigable amongst the islands forming the archipelago between Vancouver Island and the continent, was the Strait of Rosario. And I declare as aforesaid that, even since Haro Straits has been fully surveyed, I consider Rosario Strait as a much safer channel for a sailing-ship, in passing either from the Straits of Fuca to the Gulf of Georgia, or for a sailing-ship passing from the Gulf of Georgia to the Straits of Fuca, inasmuch as the Rosario Strait has good anchorage throughout its entire length, and has more regular tides than Haro Straits. The anchorage in Haro Strait is bad, on account of the great depth of its waters, and the irregularity and strength of its tides. The navigation of Haro Strait, moreover, is much impeded by numerous small islands and rocks. During all the time between A.D. 1837 and the year A.D. 1843, I was in command, as aforesaid, of the Hudson's Bay Company's steamer "Beaver," and I was in the habit of taking the said steamer once or twice every year during that period from Fort Simpson to Langley on the Fraser River, and from thence to Nisqually-Puget Sound; and from Nisqually back again to Langley and Fort Simpson, and on those occasions I always passed through Rosario Straits, as it was then the only surveyed channel between Fuca Strait and the Gulf of Georgia. And I, William Henry McNeill, above named, solemnly declare that the questions herein before referred to, are contained in the paper writing marked Z, produced and shown to me at the time of making this declaration, and that I make the above statements conscientiously believing the same to be true. And by virtue of the provisions of an Act made and passed in the sixth year of the reign of His Majesty King William IV, intituled "An Act to repeal an Act of the present Session of Parliament, intituled an Act for the more effectual Abolition of Oaths and Affirmations taken and made in various Departments of the State, and to substitute Declarations in lieu thereof and for the more entire suppression of voluntary and extra-judicial Oaths and Affidavits, and to make other provisions for the Abolition of unnecessary Oaths,' (Signed) WILLIAM H. MCNEILL. Declared at Victoria, in the Province of British Columbia, Dominion of Canada, this 27th day of September, 1871. Appendix. Appendix. TO all to whom these presents shall come, I, Montague William Tyrwhitt Drake, of the City of Victoria, Province of British Columbia, Dominion of Canada, Notary Public, duly admitted and practising in pursuance of an Act of Parliament made and passed in the sixth year of the reign of His Majesty King William the Fourth, intituled "An Act to repeal an Act of the present session of Parliament, intituled 'An Act for the more effectual Abolition of Oaths and Affirmations taken and made in various Departments of the State, and to substitute Declarations in lieu thereof, and for the more entire suppression of voluntary and extra-judicial Oaths and Affidavits, and to make other provisions for the Abolition of unnecessary Oaths,'" do hereby certify that, on the day of the date hereof, personally came and appeared before me, William Mitchell, named and described in the declaration hereunto annexed, being a person well known and worthy of good credit, and by solemn Declaration which the said William Mitchell then made before me, did solemnly and sincerely declare to be true, the several matters and things mentioned and contained in the said annexed declaration. In faith and testimony whereof I have set my hand and seal of office, and have caused the said Declaration to be hereunto annexed. Dated in Victoria, the 27th day of September A.D, 1871. (Signed) M. W. TYRWHITT DRAKE, Notary Public. I hereby certify that Montague William Tyrwhitt Drake, whose signature is hereunto attached, is a Notary Public, duly admitted and practising in the City of Victoria, Province of British Columbia, Dominion of Canada. In testimony whereof I have hereunto set my hand and official seal, this 4th day of October, This is the paper writing marked B, shown to Henry Slye Mason, at the time of making his Declaration, and therein referred to on the 29th day of September, 1871. I, William Mitchell, of Victoria, Vancouver Island, in the Province of British Columbia, Dominion of Canada, Master Mariner, do solemnly and sincerely declare, and state as follows:: I am sixty-eight years of age. I became a Master Mariner in 1851, and have been on the Northwest Pacific Coast since 1837, and have been employed all the time in the Hudson's Bay Company's ships. From 1837 to 1846 I was constantly employed in passages from Victoria to Fraser River, and back again; from Columbia River to Fraser River, and back again; and from Nisqually-Puget Sound to Fraser River, and back again; and trading generally between those ports as well as sometimes to Honolulu and Sitka, and other between ports on the North-west Pacific Coast. And whenever the vessel I was in had occasion to go from the Straits of Fuca to the Gulf of Georgia, or back from the Gulf of Georgia to the Straits of Fuca, she always passed through Rosario Straits as the only then known navigable channel. As late as the year 1855 I had occasion to pilot a vessel from Victoria to Nisqually, and from Nisqually to Nanaimo, and from Nanaimo to Victoria, and both in going to Nanaimo and returning therefrom made use of Rosario Strait as the best known channel. Previous to 1846 there was only one channel known to be navigable, and that was the Rosario Straits. In the year 1846, to the best of my knowledge, information, and belief, no chart of Haro Strait soundings existed. The chart in use was that of Rosario Strait only, and from soundings made by Vancouver. Referring to the questions submitted to me relative to the Boundary line referred to in the Treaty of Oregon, in answer to the first question I declare as aforesaid— 1. That about 1845 and 1846 the Hudson's Bay Company had a Settlement at Langley, on the Fraser River, and the said Settlement existed since 1827 or 1828. 2. In answer to the second question, I declare as aforesaid that trading-vessels or other craft communicated with the Settlement of Langley from foreign parts, and from the settlements on the Columbia River, or its neighbourhood, by the Straits of Rosario and the Gulf of Georgia. 3. In answer to the third question, I declare as aforesaid that, to the best of my knowledge, information, and, belief, Langley, on the Fraser River, was settled about the year 1827 or 1828. 4. In answer to the fourth question, I declare as aforesaid that, about the time of the negotiation of the Treaty of June 1846, the common opinion as to the object of Great Britain insisting on the 49th parallel being deflected in a southerly direction, and through the Straits of Fuca to the Pacific, instead of cutting through Vancouver Island, was, that it was to secure access to her possessions to the northward of the 49th parallel through the Straits of Fuca. 5. In answer to the fifth question, I declare as aforesaid that Great Britain then held British Columbia up to parallel of north latitude 54° 40′ and Vancouver Island. 6. In answer to the sixth question, I declare as aforesaid that, if the free navigation of the Straits and adjacent Channel was not guaranteed to Great Britain, access could only be secured and obtained to those possessions by ships going to the westward of Vancouver Island; and as regards those possessions on the coast of British Columbia, between the 51st and 49th parallel, access would have to be sought through a Strait which is intricate and difficult of navigation by reason of the strength of the tides. 7 and 8. In answer to the seventh and eighth questions, I declare as aforesaid that, when the Treaty was signed in June 1846, and previous to that date, the Channel which was known and used by vessels amongst the islands forming the Archipelago, between Vancouver's Island and the Continent, to get access to the dominions of Great Britain north of the 49th parallel, was the Strait of Rosario and that Channel only, as it was then the only surveyed Channel. 9. In answer to the ninth question, I declare, as aforesaid that, previous to the signing of the Treaty in 1846, and also at that time the only Channel known to be navigable amongst the islands forming the Archipelago between Vancouver Island and the Continent was the Rosario Strait. And I further say that, even since Haro Strait has been fully surveyed I consider Rosario Strait a much safer Channel for a sailing-ship in passing either from the Straits of Fuca to the Gulf of Georgia, or for a sailing ship passing from the Gulf of Georgia to the Straits of Fuca, inasmuch as Rosario Strait has good anchorage throughout its entire length, and has more regular tides than Haro Straits. The anchorage in Haro Strait is bad on account of the great depth of its waters and the irregularity and strength of its tides. The navigation of Haro Strait, moreover, is much impeded by numerous small islands and rocks. In the beginning of the year A.D. 1839, I recollect making a voyage as First Mate from Columbia River to Fraser River, and thence back to the Columbia River in the barque "Vancouver," and on these occasions she passed and repassed through Rosario Straits. In A.D. 1840, I made two voyages in the schooner "Cadboro," from Columbia River to Fraser River, and returned to the Columbia River in the "Cadboro," and passed and repassed through Rosario Straits on these voyages. " In A.D. 1842, I made a voyage from Columbia River to Fraser River in the Cadboro" as First Mate, and returned from Fraser River to the Columbia River, and on these occasions I passed and repassed through Rosario Strait. And between A.D. 1842 and 1846, I made several voyages in the schooner "Cadboro" as First Mate from Columbia River and Victoria to Nisqually and Langley on the Fraser River, and thence returned to Victoria and Columbia River, and on such occasions I always passed and repassed through Rosario Strait, as it was the only then known Channel. And I, William Mitchell, above-named, solemnly declare that the questions hereinbefore referred to are contained in the paper writing marked Z, produced and shown to me at the time of making this Declaration. And that I make the above statements conscientiously, believing the same to be true; and by virtue of the provisions of an Act made and passed in the sixth year of the reign of His Majesty King William the Fourth, intituled "An Act to repeal an Act of the present Session of Parliament, intituled 'An Act for the more effectual Abolition of Oaths and Affirmations taken and made in various Departments of the State, and to substitute Declarations in lieu thereof, and for the more entire suppression of voluntary and extra-judicial Oaths and Affidavits, and to make other provisions for the Abolition of unnecessary Oaths.' (Signed) WILLIAM MITCHELL. Declared at Victoria, in the Province of British Columbia, Dominion of Canada, this 27th day of September, 1871. Appendix. TO all to whom these presents shall come, I, Montague William Tyrwhitt Drake, of the City of Victoria, Province of British Columbia, Dominion of Canada, Notary Public, duly admitted and practising in pursuance of an Act of Parliament made and passed in the sixth year of the reign of His Majesty King William the Fourth, intituled "An Act to repeal an Act of the present session of Parliament, intituled An Act for the more effectual Abolition of Oaths and Affirmations taken and made in various Departments of the State, and to substitute Declarations in lieu thereof, and for the more entire Suppression of Voluntary and Extra-judicial Oaths and Affidavits, and to make other provisions for the Abolition of unnecessary Oaths," do hereby certify that, on the day of the date hereof, personally came and appeared before me John Swanson, named and described in the Declaration hereunto annexed, being a person well known and worthy of good credit, and by solemn Declaration, which the said John Swanson then made before me, did solemnly and sincerely declare to be true the several matters and things mentioned and contained in the said annexed Declaration. In faith and testimony whereof I have set my hand and seal of office, and have caused the said Declaration to be hereunto annexed. Dated in Victoria the 27th day of September, A.D. 1871. I hereby certify that Montague William Tyrwhitt Drake, whose signature is hereunto attached, is a Notary Public, duly admitted, and practising in the City of Victoria, Province of British Columbia, Dominion of Canada. In testimony whereof I have hereunto set my hand and seal of office this 4th day of October, A.D. 1871. |