Appendix.

This is the paper writing marked C, shown to Henry Slye Mason at the time of his making his Declaration, and therein referred to, on the 29th day of September, 1871.

I, John Swanson, of Victoria, Vancouver Island, in the Province of British Columbia, Dominion of Canada, Master Mariner, do solemnly and sincerely declare as follows:

I have been a Master Mariner since the year 1855, and have been in the employment of the Hudson's Bay Company on their ships trading on the North-west Pacific Coast, since the year 1842 to the present time, as a nautical man and mariner.

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, up to 1845 and 1846, Hudson's Bay Company's ships, bound from Honolulu, in the Sandwich Islands; from Fort Vancouver, on the Columbia River; and San Francisco and Sitka, to Langley, passed through Fuca Straits and Rosario Strait. Also vessels trading between Fort Nisqually and Langley used to pass through Rosario Strait. Also vessels trading between Victoria and Langley used to pass through Rosario Strait.

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 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; and 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's Island and the Continent was the Strait of Rosario.

And I further declare as aforesaid that, in the end of the year 1842 or beginning of 1843, I sailed from Vancouver, on the Columbia River to Nisqually, on Puget Sound, and the vessel I was in was thence towed through Rosario Straits by the Hudson's Bay Company's steamer "Beaver," and thence sailed through Gulf of Georgia and Johnston Strait to Sitka, and returned therefrom through Johnston Strait and Rosario Strait to Victoria.

During the years 1843 and 1844 I made several trips in the schooner "Cadboro," from Victoria to Langley, through Rosario Strait, and back again from Langley to Victoria through Rosario Strait. I was occupied generally in making such voyages during those two years, and we always passed and repassed through Rosario Straits.

To the best of my recollection, in 1845 I made a voyage in the barque "Vancouver," from the Columbia River to Fort Langley through Rosario Strait, and back again to Victoria.

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 surveys made by Vancouver.

Previous to 1846, to the best of my knowledge, information, and belief, no sailing-vessel, except on the occasion of the "Cadboro," went through Haro Strait under sail. If other sailing-vessels had, previous to 1846, passed through Haro Strait, I, as a seafaring man on the North-west Pacific Coast, should, in all probability, have heard of it.

The one occasion on which the "Cadboro" passed through Haro Strait was in 1843, and she then was carried by the tide in a calm, on her passage from Langley to Victoria, into Haro Straits, and we were then obliged to avail ourselves of the services of an Indian we met with as a pilot, as we had no chart by which to navigate.

And I, John Swanson above-named, solemnly declare that the questions hereinbefore referred to are contained in the paper writing marked Z 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 Extrajudicial 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 27th day of September, 1871.

TO all to whom these present shall come, I, Robert Edwin Jackson, of the city of Victoria, Province of British Columbia, in the 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 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, Alexander Caulfield Anderson, 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 Alexander Caulfield Anderson 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 hereunto set my hand and seal of office, and have caused the Declaration to be hereunto annexed. Dated at Victoria aforesaid the 15th day of September, in the year of our Lord, 1871.

(Signed)

ROBT. E. JACKSON,

Notary Public.

I hereby certify that Robert Edwin Jackson, 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 D, shown to Henry Slye Mason at the time of his making his Declaration, and therein referred to on the 29th day of September, 1871.

I, Alexander Caulfield Anderson, now of Saanich, Vancouver Island, in the Province of British Columbia, Dominion of Canada, settler, do solemnly and sincerely declare as follows:

I am an ex-chief trader, of the Hudson's Bay Company, and late an agent of Lloyd's for the Columbia River, and the adjacent coasts, and from 1833 and 1851 I was under the several appointments held by me as an office of the Hudson's Bay Company, connected (with the exception of short intervals) directly or indirectly with the business of the said Company on the North-west Pacific Coast, which business then required their vessels frequently to navigate the waters of the gulf, and the Archipelago, and Straits of Fuca, and during the greater portion of the said period, resided on, or was in constant communication with the North-west Pacific Coast.

1. In answer to the first question I declare as aforesaid that, about 1845 and 1846, the Hudson's Bay Company had a settlement at Langley on the Fraser River, and other settlements higher up the river.

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 of the Columbia River or its neighbourhood, by the Straits of Fuca, 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, through the Straits of Fuca to the Pacific, instead of cutting through Vancouver Island, was to secure access to her possessions to the northward of the 49th parallel.

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 obtained to those possessions by ships going to the westward of Vancouver Island; and as regards those possessions on

Appendix,

Appendix.

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 Island and the Continent, to get access to our dominions north of the 49th parallel, was the Straits 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 of America was the Straits of Rosario.

I further declare as aforesaid, the whole tenor of my experience during my said residence on or near the North-west Pacific Coast, was to the effect that the only recognized channel of approach to Fraser River, or to the northern parts by the inner passage through the Gulf of Georgia, was by the Straits of Rosario.

I further declare as aforesaid that, in the winter of 1834, while on my way from Fort Simpson to the Columbia River, on board the Hudson's Bay Company's brig "Dryad," Captain Kipling, we had orders to touch at Fort Langley on Fraser River. The track indicated to me upon Vancouver's chart by the master, and which we purposed to follow, was by the Rosario Strait, the usual and only known channel at that time. Stress of weather and the failure of provisions compelled us to bear up for the Columbia," after endeavouring to enter the Straits of Fuca without having fulfilled our object of proceeding to Langley.

In 1841, while I was in charge of the Hudson's Bay Company's Establishment at Fort Nisqually, on Puget Sound, the United States' Exploring Expedition, under Commodore Wilks, arrived there. Commodore Wilks was desirous of detaching a surveying vessel (the "Porpoise," Commander Ringgold) towards Fraser River, and on his application for a pilot, one of the crew of the Hudson Bay Company's steamer "Beaver," was sent on board. This pilot (whose name I think was Wade) was acquainted only

with the Rosario Channel.

In June, or early in July 1848, having conducted for the first time the brigade with the returns from the interior to Fort Langley on Fraser River, I travelled by canoe from that station to Victoria on Vancouver Island. Crossing the Gulf of Georgia, we passed through what has since been known as Plumper, or Active Pass, and then by the Strait of Haro. This was at that time known as the canoe route, as distinguished from the established ship route by the Rosario Strait.

In July 1850, the schooner "Cadboro," Captain Scarborough, arrived at Langley during my visit there from the interior, bringing supplies for the trade. The following year another vessel belonging to the Company (the "Recovery," I think), came to the mouth of Fraser River to receive our furs. In neither case did I hear any mention of the Haro Channel, or that any deviation from the old established track had occurred.

That as late as 1851, I may distinctly state my conviction from personal knowledge of facts, that the Rosario Strait was the only authorized channel of communication followed by the vessels of the Hudson's Bay Company. I have heard, indeed, that an experimental trip through the Haro Strait had, on one occasion, been made with the steamer" Beaver," under Captain Brotchie, at that time master, but I understood likewise that the master was reprimanded on this occasion for his temerity. Whatever the partial explorations that had been made at an earlier period by the Spaniards, and afterwards by Commander Ringgold, of the United States' Navy, the passage was incompletely known; and it was only after the survey performed under the direction of the present hydrographer of the Admiralty, Admiral Richards, in Her Majesty's ship "Plumper," that the capacity of the Haro Strait as a channel of communication, superseding to some extent the original route by the Rosario Strait, was publicly recognized.

In conclusion, I distinctly state that, up to the winter of 1852-53, when we were surprised by the adverse position then suddenly advanced, no doubt was entertained by me, or any one that I know of in this quarter acquainted with the facts, as to that interpretation of the Treaty which refers the water line to the only ship channel then known, the Rosario Strait.

And I the above-named Alexander Caulfield Anderson, solemnly declare that I made 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 extrajudicial Oaths and Affidavits, and to make other Provisions for the Abolition of unnecessary Oaths."

Declared at Victoria, Province of British Columbia, Dominion of Canada, this 16th day of September, 1871.

(Signed)

ROBT. E. JACKSON, Notary Public,

Victoria, British Columbia.

I hereby certify that Robert Edwin Jackson, whose signature is attached to this document, is a Notary Public by Royal authority, duly authorized, admitted and sworn, and that he is resident and practising in Victoria, Province of British Columbia, Dominion of Canada.

(Signed)

CHARLES GOOD, Colonial Secretary,

September 21, 1871.

TO all to whom these presents shall come, I, Montague William Tyrwhitt Drake, Notary Public by Royal authority, duly authorized, admitted, and sworn, residing and practising in Victoria, Province of British Columbia, Dominion of Canada, 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 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," do hereby certify that, on the day of the date hereof, personally came and appeared before me, Herbert G. Lewis, 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 Herbert G. Lewis 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 hereunto set my hand and seal of office, and have caused the Declaration to be hereunto annexed. Dated at Victoria, the 14th day of September, in the year of our Lord 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 official seal, this 4th day of October, A.D. 1871.

Appendix.

This is the paper writing marked E, shown to Henry Slye Mason at the time of his making his Declaration, and therein referred to on the 29th day of September, 1871.

My name is Herbert G. Lewis, master mariner. I have been a master mariner since 1859. I came to this coast in 1847. I have been in the Hudson Bay Company's service from that time till now, and during the greater part of that time I have been trading on the North Pacific Coast, in charge of that Company's vessels.

2. In answer to Question 2, I say: To the best of my knowledge, information, and belief, the only channel used by sailing-vessels going to Fort Langley on the Fraser River through the Straits of Fuca was the Rosario Straits, in the year 1848-49.

4. In answer to Question 4, I say: In the latter part of 1847 and in 1848 it was considered that the object was to give free access to British territory on the North-west Pacific Coast, up to the 52nd parallel of latitude.

5. In answer to Question 5, I say: She held Vancouver Island and she held British Columbia up to 54° 40′ north-latitude.

6. In answer to Question 6, I say: Only by going to the westward of Vancouver Island.

7. In answer to Question 7, I say: I can only speak to the period after 1847, and to the best of my knowledge, information, and belief, from thence to 1848 and 1849 the Haro Straits were not used by sailing-vessels; if they had been so used, I, as a seafaring man on the North-west Pacific Coast, should have heard of it.

8. In answer to Question 8, I say: The reason for Haro Straits not being used by sailing-ships in 1847, 1848, and 1849, was that it was then unsurveyed.

9. In answer to Question 9, I say: As I before said in 1847, 1848, and 1849, Rosario Strait was used as a surveyed channel, and Haro Straits had not been surveyed, and was not so used by ships.

Vancouver's Charts were used for these waters in 1847, and till 1854. I never knew the Spanish Chart used, or any American Chart used, about that time. To the best of my knowledge I never heard of a vessel going through Haro Straits, but only through Rosario Straits in 1847, 1848, and 1849.

The map A, especially as regards Haro Straits, is a most inaccurate representation of what was nautically known in 1847, 1848, and 1849. Haro Straits being then unknown, and Rosario Straits generally used by ships.

From 1847 till 1852 I was employed on board ships of the said Company, trading between Honolulu and Victoria for the Hudson's Bay Company, and Haro Straits have been from time to time navigated since 1852 by me.

Tides are very irregular on the east coast of Vancouver Island. This irregularity could hardly exist if Haro Strait was the channel through which the main volume of water ebbed and flowed.

Off East Point and Patos Island a current with the ebb and flood tide sets so strong as to render that part of Haro Straits unsafe for sailing-vessels.

And I, Herbert G. Lewis, 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 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

Appendix.

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."
HERBERT G. LEWIS.

(Signed)

Declared at Victoria, province of British Columbia, this 14th day of September, 1871.

I hereby certify that M. W. Tyrwhitt Drake, whose signature is attached to this document, is a Notary-Public by Royal authority, duly authorized, admitted, and sworn; and that he is resident and practising in Victoria, Province of British Columbia, Dominion of Canada.

TO all to whom these Presents shall come, I, Robert Edwin Jackson, of the City of Victoria, Province of British Columbia, Dominion of Canada, Notary Public, duly admitted and practising, in pursuance of the 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 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,'" do hereby declare that, on the day of the date hereof, personally came and appeared before me Roderick Finlayson, 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 Roderick Finlayson 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 hereunto set my hand and seal of office, and have caused the said Declaration to be hereunto annexed, dated the 30th day of September, A.D. 1871.

I hereby certify that Robert Edwin Jackson, 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, AD. 1871.

This is the Exhibit marked F, referred to in the annexed Declaration of Roderick Finlayson, declared the 13th day of September, 1871.

Interrogatories relative to the North-West Water Boundary Question submitted to Roderick Finlayson.

1. About 1845-46, had the Hudson's Bay Company any fort or settlement on the Fraser River? 2. How did trading-vessels or other craft communicate with that fort or settlement from foreign parts, and from other settlements on the Columbia River or its neighbourhood?

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 Island ?

5. If to secure access to the possessions to the northward of the 49° parallel, state what possession 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?

I, Roderick Finlayson, of Victoria, Vancouver Island, in the Province of British Columbia, Dominion of Canada, Chief Factor in the Hudson's Bay Company, do solemnly and sincerely declare as follows::