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North-west American water boundary. Case of the government of Her Britannic Majesty, submitted to the… Great Britain. Parliament 1873

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Array     NORTH AMERICA.    No. 3 (1873).
(A.)
NORTH-WEST AMERICAN WATER BOUNDARY.
CA
R1
OP THE
VEBNMENT OF HER BRITAMIC MAJESTY
SUBMITTED  TO THE
ARBITRATION AND AWARD
OP
HIS MAJESTY THE EMPEROR OE GERMAN!
i
IN ACCORDANCE WITH
ARTICLE XXXIV OE THE TREATY
BETWEEN GREAT BRITAIN AND THE UNITED STATES OE AMERICA,
SIGNED AT WASHINGTON, MAY 8, 1871.
[Eor Maps and Charts referred to in this Case, see North America No. 7.]
Presented to both Houses of Parliament by Command of Her Majesty.
1873.
LONDON:
PRINTED BY HARRISON AND SONS;  TABLE   OF   CONTENTS.
CASE of the Government of Her Britannic Majesty
Page
1 tol5
APPENDIX
No. I. ■   f
Articles XXXIV to XLII of the Treaty between Great Britain and the United States of America,
signed at Washington on May 8, 1871       ... ... ... ... ... ..,    19
No. II.
Copy of Treaty between Great Britain and the United States of America, signed at "Washington on
rJ U11C   J-t),  i.o4:0 ••• ... ... ... ... • •• ... •••        JtK)
I
No. III.
A Narrative of the Passage of His Britannic Majesty's ships " Discovery " and " Chatham/' under
the command of Captain Vancouver, through the Straits of Juan de Fuca, and through the
channel known at the present day as the Eosario Strait, to Birch Bay, situated in the ancient
Gulf of Georgia, S. 23 W., and N. 72 W. (Extracted from vol. i of % Captain Vancouver's
Voyages/' published in 1798.)     ... ... ... ... ... ... ...    21
No. IV.
A Narrative of the Voyages made by the Spanish vessels " Sutil" and " Mexicana/' in the year
1792, to explore the Strait of Fuca. (Extracted from the account of the voyage published at
Madrid in 1802)
23
No. V.
De larations of W. H. McNeill, W. Mitchell, Captain Swanson, Messrs. Anderson, H. G. Lewis, and
Finlayson, master mariners, &c, who have commanded or are in command of vessels navigating
the Straits between Vancouver Island and the Continent of America     ...        • •.. ...   29
No. VI.
Attested Copy of the Log of Her Majesty's steam-ship 1 Cormorant/' in the months of September
and October, 1846
40
fl05]
B 2
i!?so 1Y
TABLE OP  CONTENTS
CHARTS
No. I.
Carta Esf&rica de los Beconocimientos hechos en la Costa N. 0. de America, en 1791 y 1792, por
las goletas "Sutil" y "Mexicana," y otros buques de Su Magestad.    (Published at Madrid, 1802.)
No. II. .V
A Chart showing part of the Coast of North-West America, with the tracks of His Majesty's sloop
I Discovery/' and armed tender | Chatham," commanded by George Vancouver, Esquire, and prepared
under his immediate inspection by Lieutenant Joseph Baker, in which the continental shore has been
traced and determined from Lat. 50° 30' N. and Long. 236° 12' E. to Lat. 52° 15' N. and Long. 232° 40' E.
at the different periods shown by the tracks.    (Published at London in 1798.)
No. III.
North America, West Coast.—Haro and Bosario Straits, surveyed by Captain G. H. Richards and
the officers of Her Majesty's ship | Plumper," 1858-59 ; and the shores of Juan de Fuca Strait to
Admiralty Inlet.    (From Captain H. Kellett's Survey, 1847.)
No. IV.
America, North-West Coast.—Strait of Juan de Fuca, surveyed by Captain Henry Kellett, B.N.,
1847.—Haro and Bosario Straits, by Captain G. H. Bichards, R.N., 1858.—Admiralty Inlet and Puget
Sound, by the United States' Exploring Expedition, 1841.—South Coast of Cape Flattery, by the same,
in 1853.
No. V.
Map of Oregon and Upper California, from the Surveys of John Charles Fremont and other
authorities.
(Drawn by Charles Preuss, under the orders of the Senate of the United States. Washington City,
1848.)
BBSS
s
=33 tw
Case of the Government of Her Britannic Majesty
HIS Majesty the Emperor of Germany having consented to accept the office of
Arbitrator between the Government of the United States of America and the Government of Her Britannic Majesty under the provisions of Article XXXIV of the Treaty
concluded at Washington on the 8th May, 1871, between the United States and Her
Britannic Majesty, the Government of Her Britannic Majesty submits to the consideration of His Majesty the Emperor of Germany, in pursuance of Article XXXVI of the
said Treaty, the following Case:—
The Question for Decision. The Question for
Decision,
The question submitted to the decision of His Imperial Majesty affects so much
of the boundary line between Her Britannic Majesty's possessions in North America charts Nos. 3 and 4.
and the territories of the United States as is comprised between the Continent of
America and Vancouver's Island.
The boundary line is described in the Treaty between the United  States and Appendix No. 2. ]
Great Britain of June 15, 1846, in the following general terms:—
Treaty of June 15f
1846.
Treaty of June 15, 1846 {Article I).
| Erom the point on the forty-ninth parallel of north latitude, where the boundary
line laid down in existing Treaties and Conventions between Great Britain and the
United States terminates, the line of boundary between the territories of Her
Britannic Majesty and those of the United States shall be continued westward along
the said forty-ninth parallel of north latitude to the middle of the Channel, which
separates the Continent from Vancouver's Island, and thence southerly, through the
middle of the said Channel and of Fuca's Straits to the Pacific Ocean; provided,
however, that the navigation of the whole of the said Channel and Straits south of the
forty-ninth parallel of north latitude remain free and open to both parties."
The question more immediately submitted to the decision of His Imperial Majesty Appendix No. 1.
is described in Article XXXIV of the Treaty of 8th May, 1871, in the following
terms:—
Treaty of May 8, 1871.
" Whereas it was stipulated by Article I of the Treaty concluded at Washington Treaty of May 8,
on the 15th June, 1846, between Her Britannic Majesty and the United States, that 1871-
the line of boundary between the territories of the United States and those of Her
Britannic Majesty from the point on the forty-ninth parallel of north latitude, up to
which it had already been ascertained, should be continued westward along the said
parallel of north latitude to the middle of the Channel which separates the Continent
from Vancouver's Island, and thence southerly through the middle of the said Channel
and of Fuca Straits to the Pacific Ocean; and whereas the Commissioners appointed
by the two High Contracting Parties to determine that portion of the boundary which
runs southerly through the middle of the Channel aforesaid were unable to agree upon
the same; and whereas the Government of Her Britannic Majesty claims that such
boundary line should, under the terms of the Treaty above recited, be run through
the Eosario Straits, and the Government of the United States claims that it should be
run through the Canal de Haro, it is agreed that the respective claims of the Government of Her Britannic Majesty and the Government of the United States shall be
submitted to the arbitration and award of His Majesty the Emperor of Germany, who,
having regard to the above-mentioned Article of the said Treaty, shall decide thereupon
finally and without appeal which of those claims is most in accordance with the true
interpretation of the Treaty of June 15, 1846."
a/ 7 The Strait of
Georgia.
Cbart No. 4 *
The Rosario Strait.
Chart No. 4.*
M
It will be observed by His Imperial Majesty, that whereas the Treaty of June 1846
speaks only of the Channel which separates the Continent from Vancouver's Island,
through the middle of which the boundary line is to be run, the Treaty of 1871 speaks
of the Eosario Straits and the Canal de Haro, as if there was more than one Channel
between the Continent and Vancouver's Island through which the boundary line may
be run and be continued through the middle of Fuca's Straits to the Pacific Ocean.
It will be convenient, therefore, to bring to the attention of His Imperial Majesty
at once the hydrography of the entire space between the Continent and Vancouver's
Island south of the 49th parallel of north latitude according to the best information
which is in the possession of Her Majesty's Government.
The Strait of Georgia.
The 49th parallel of north latitude continued westwardly, according to the provisions of the Treaty of June 15, 1846, strikes the upper waters of the ancient Gulf of
Georgia, designated by the Spaniards El Canal del Eosario, in Semiahmoo Bay. These
waters are now termed, in British Charts, the Strait of Georgia- Continued across
that Bay the parallel line intersects a narrow peninsula, the extreme of which was
named by Vancouver, Point Roberts. This Point extends about If miles (English)
south of the parallel line. Continued across the Strait of Georgia, the parallel line
strikes at an acute angle a line drawn southerly through the middle of the Channel.
Respecting so much of the boundary line, as extends to the middle of the Strait
of Georgia, there is no controversy between the High Contracting Parties to the Treaty
of June 15, 1846, that it terminates at a point on the parallel of 49° north latitude
in the middle of the Strait of Georgia. It is with regard to the line to be drawn
southerly from the parallel of 49° north latitude through the middle of the Channel
that the Commissioners of the High Contracting Parties have been unable to agree.
The true direction of such a line drawn towards the Strait of Euea would appear, from
a survey of the waters, to be south-east by east for a distance of about 19 miles, where
the Strait of Georgia gradually expands to a width of nearly 40 miles, and may be
said to lose the characteristic features of a single Strait.
The space now entered upon is encumbered by numerous islands, varying in size
and character, among which are three navigable channels leading into Euca's Strait.
The most eastern of the three channels has been of late termed in British charts
the Rosario Straits, and in American charts Ringgold's Channel. The most western
is termed in British charts the Haro Strait, and in American charts the Canal de Arro.
The latter term has been borrowed from the Spaniards, who term the lower part of the
Strait the Canal de Lopez de Haro.
There are, besides, other narrow passages; but they may scarcely be considered as
highways for ships passing from the Strait of Georgia into Euca's Strait.
The Rosario Strait.
Erom a point midway between Saturna Island and the Continent and 4 miles
(English) south of Point WJiitehom on the shore of the Continent, the waters of the
Strait of Georgia merge on almost the same line of bearing (south-east by east) into
those of the Rosario Strait, passing eastward of the small Islands of Patos, Sucia^
Matia, and Clark, thence between the large Islands of Lummi and Orcas. At Point
Lawrence, which is the eastward point of Orcas, the Strait trends a little westward
of south for 3 or 4 miles (English), and then leads by a due south course into the
head-waters of the Strait of Euca, the whole distance from the point above-mentioned,
as where the Strait of Georgia merges in the Rosario Strait, being 30 miles (English).
The width of the Rosario Strait varies from 6 to 1^- miles (English). At its j
northern entrance, between the Island of Sucia and Sandy Point, on the Continent, it is j
6 miles (English) across • but the Alden Bank lies almost between those two points.
There is, however, a clear passage of 4 miles (English) eastward of the Bank, and
a passage of 1^ miles (English) westward.' The least water on the shoal part is
2J fathoms (English). The Bank itself is an extensive patch, being 2i miles (English)
north and south, and more than 1 mile (English) east and west. On~the greater part
of it, anchorage may be had in from 5 to 9 fathoms (English).
The Bank is not really an impediment to the Channel. The shoal part of it,
which would be dangerous to a ship, is of small extent, and is easily, avoided by good
natural leading marks during the day, and by the lead at night; whilst it is a manifest
advantage to a sailing-vessel to be able to anchor in a moderate depth should calms,
* See Chart No. 8, H
m r
strong tides, or fogs render it desirable, and when it would probably be impossible to
fetch a harbour.    The width of the Rosario Strait, southward of the Alden Bank, soon
decreases to 3A miles and 2 miles (English), which latter is about its average breadth.
Between Cypress and Blakely Islands, it is as narrow as 1^- miles; but soon opens out
a^ain to 2^ miles.    The Bird and Belle Rocks lie almost in the centre of the Strait,
3I miles (English) within its southern entrance.    The former is an extensive rock,
15 feet above high water.    The latter lies north-north-east of it, more than half-a-mile
(English), and is covered until near low water.    The tides, which sweep with considerable strength over these rocks, are calculated to render the passage between them
dangerous to sailing-vessels in calms or fogs; but there is a good passage on either
side of them; that to the eastward of them being If miles (English) wide, while the
width of that to the westward is 1^ miles (English).    The Williamson and Denis rocks
which extend about one-third of a mile off the south-west side of Allan Island, are easily-
avoided.    The former is 22 feet above high water; the latter awash at low spring tides.
The Davidson Rock, occasionally uncovering itself at low spring tides, lies three-
fourths of a mile (English) east by south of Colville Island, and is easily avoided, as
it is marked by kelp.    The only other hidden danger which has been discovered to
exist in Rosario Strait is the Panama Reef, which extends one-third of a mile (English)
off the north-west end of Sinclair Island.    This reef is marked by kelp, and uncovers
itself at low water.    A rock also, which is about the same distance west of Rock Islet,
near the north end of Cypress Island, is also marked by kelp, and uncovers itself at
low water.
The tides in Rosario Strait run with considerable strength- in the narrow part
between Cypress and Blakely Islands they have been found, during spring tides, to
exceed 6 miles (English) an hour; in other parts of the Strait their velocity is from 2
to 5 miles (English). The depth of water, however, being from 25 to 35 fathoms over
the greater part of the Strait, admits of .vessels anchoring anywhere, if it should be
necessary; but the most desirable stopping places are Eidalgo Bay, on the western side
of the island of the same name; Walmouth Bight, on the south-east side of Lopez
Island; the Guemes Passage, and Strawberry Bay, on the west side of Cypress Island.
The Canal de Haro.
On the other hand, the Canal de Haro, from the point where the Strait of Georgia
may be said to lose the characteristic features of a single Strait, takes a direction about
south-west and a half south between the east point of Saturna Island and the small
Island of Patos, for a distance of 8 miles (English), it then turns to the westward, and
runs in a direction south-west by west for almost an equal distance, until between
Stuart and Moresby Islands, where it turns to the southward, and runs for a further
distance of about 20 miles (English), trending to the south-east, when it strikes the
Strait of Euca.
The width of the Canal de Haro at its northern entrance between East Point and
Patos Island is 2| miles (English), where, from the strong tides and irregularity of the
bottom, heavy races occur; about the same width is carried for 12 miles (English)
when, between Turn Point and Moresby Island, it decreases to something less than
2 miles (English), and the narrowest part, which is between Stuart Island and Cooper's
Reef, is If miles (English). After passing south of Henry Island it gradually widens,
and is more than 6 miles in breadth when it enters the Strait of Euca.
^ The water is deeper and the depth is more irregular in the Canal de Haro than in
the Rosario Strait, and though the tides run with about equal velocity in both, the
former is more.subject to irregularities and races.
The eastern or San Juan shore of the Canal is bold and steep.
After passing San Juan, when northward of Henry Island, very strong and
irregular tides are met with, and there arc rocks off Spieden Island which must not be
approached too close.
Off Turn Point, on Stuart Island, there are strong whirls and eddy tides; and,
unless with a commanding breeze, a sailing-vessel is liable to be turned round by them
and lose the power of her helm.
On the western side of the Canal the principal dangers are—
The Zero Rock and its neighbouring shoals in Cormorant Bay; also the Kelp
Reefs, which extend southward and eastward of Darcy Island.
Cormorant Bay, however, affords good anchorage. To enter it vessels may safely
stand in midway between Gordon Head and Zero Rock, and anchor in 9 fathoms,
* See Chart No. 3.
The Canal de
Haro.
Chart No. 4.* Origin of the
Names of the two
Channels.
H
0
Chart No. 1,
Appendix No. 4.1
where they will be free from any considerable tide. The Low and Bare Islands, northward of Sidney Island, should not be approached very close, and Cooper's Reef should
be particularly avoided. The flood tide sets strongly to the north-west through the
Miner's Channel, and sailing-vessels would be very liable to be set into it during light
winds.
Plumper Sound, on the northern side of the bend of the Strait, between Stuart
Island and the east point of Saturna Island, is a good anchorage, with a moderate
depth of water for vessels seeking shelter, and one of the few among the group of
islands, which is of easy access to a sailing-vessel.
Cowlitz Bay, on the western side of Waldron Island, is also an excellent stopping-
place, easy of access or egress.
There are two small anchorages in Stuart Island, Reid and Prevost Harbours, but
they are only suited to small vessels or steamers.
A vessel passing through the Canal de Haro may seek shelter in any of the above-
mentioned anchorages, but the great depth and irregular nature of the bottom would
render it impossible for her to anchor anywhere in the main channel.
Such is the most complete account which Her Majesty's Government is able to
lay before His Imperial Majesty respecting the hydrography of the two channels, which
are in controversy.
Origin of the Names of the two Channels.
With regard to the origin of the respective names of the two Channels there is
some uncertainty. Erom an account published by Mr. Robert Greenhow, the Librarian
of the Department of State of the United States, in his | History of Oregon and
California" (Boston, 1845), it would appear that, in the summer of 1790, an attempt
was made by the Spaniards to explore the waters supposed to be identical with a northwest passage leading into the Polar Sea, which, according to an ancient tradition, had
been discovered in the sixteenth century by a Greek pilot, called commonly Juan de
Euca. Eor that purpose, to quote Mr. Greenhow's words (History, p. 221), i Elisa,
the Commandant of Nootka, detached Lieutenant Quimper, in the sloop I Princess
Royal,' who traced the passage in an eastwardly direction, examining both its shores to
the distance of about a hundred miles from its mouth, when it was observed to branch
off into a number of smaller passages towards the south* the east, and the north, some
of which were channels between islands, while others appeared to extend far into the
interior. Quimper was unable, from want of time, to penetrate any of these passages;
and he could do no more than note the positions of their entrances and of several
harbours, all of which are now well known, though they are generally distinguished by
names different from those assigned to them by the Spaniards. Among these passages
and harbours were the Canal de Caamano, afterwards named by Vancouver Admiralty
Inlet; the Boca de Elon, or Deception Passage; the Canal de Guemes, and the Canal
de Haro, which may still be found under those names in English charts, extending
northward from the eastern end of the strait; Port Quadra, the Port Discovery of
Vancouver, said to be one of the best harbours on the Pacific side of America, with
Port Quimper near it on the west; and Port Nunez Gaona, called Poverty Cove bv
the American fur-traders, situated a few miles east of Cape Elattery, where the
Spaniards attempted, in 1792, to form a settlement.
I Having performed this duty as well as possible, under the circumstances in
which he was placed, Quimper returned to Nootka, where he arrived in the beginnin°*
of August."
It is probable that it was upon the authority of Quimper, who was an Ensign of
the Royal Navy of Spain, that the name of the Canal de Haro was given to the Strait
which separates Vancouver's Island from the Island of San Juan, in the Spanish Chart
of the discoveries made on the north-east coast of America, annexed to the narrative
of the expedition of the Spanish exploring vessels, "Sutil" and "Mexicana," which
was published at Madrid in 1802, by order of the King of Spain.
A very brief allusion is made in the first chapter of that narrative to Quimper's
ports ana part of the coast,
to have taken surveys, and to have retired on the 1st of August, the weather not
permitting him to continue his labours.
Mr. Greenhow cites, as his authority, the journal of Quimper's voyage among the
manuscripts obtained from the Hydrographical Department at Madrid.
pumpv On the other hand, the name of Rosario Channel appears from the narrative of the Appendix No. 4.
"Sutil" and "Mexicana" to have originated with Lieutenant Elisa, who, prior to the
arrival of those vessels, had penetrated into the ijpper waters, now called the Strait of
Georgia and had given to them the name of " El Canal del Rosario."    That name is
accordingly given to those waters in the Chart, which represents the course of that
expedition.    Vancouver, on the other hand, in his Chart, to which reference will be ChartVo. 2,
made hereafter, assigns  that name  to  certain narrow waters further north, which
separate the Continent from the Island now called Texada.    How the name has come
to be applied in modern days to the waters of the Strait of Georgia, as  they are
traced southerly through the islands until they join the head-waters of the Strait
of Euca, does not appear.    No name was in use, at the time when the Treaty of 15th
June, 1846, was concluded, to distinguish these waters from the upper waters.    The
fact, however, is clear, that the name assigned by the Spaniards to the upper waters of
the ancient Gulf of Georgia is used in the present day to denote the  Channel, which Her
Majesty9s Government maintains to be the true continuation of that Strait.
The expedition of the "Sutil" and "Mexicana" in 1792 appears to have ascended Appendix No. 4.
the Strait of Euca to its headwaters, having touched first at Port Cordova (now
Esquimalt Harbour), at the southern extremity of Vancouver's Island. It thence
proceeded between the Island of Bonilla (Smith's Island), and the south-eid point
of Lopez Island, at that time believed to be one and the same Island with San Juan,
until it reached the mouth of the Canal de Guemes, which separates the Island of
Guemes from the Continent. The expedition then passed up that Strait into the •
I Seno de Gaston," now Bellingham Bay, and thence along the passage which separates
the Island of Pacheco (now Lummi Island) from the Continent, into the upper waters
now known as the Strait of Georgia. The two vessels continued their voyage onwards
in those waters past the Promontory of Cepeda, afterwards called Point Roberts
by Vancouver, and were employed in reconnoitering the Boca de Elorida Blanea,
the first large inlet north of Point Roberts, when they were joined by Vancouver.
The expedition under Vancouver, after making a complete survey of the Strait of chart No. 2.
Euca up to its head-waters, had also passed onward through the Channel between the
north-east point of Lopez Island and the Continent; but instead of directing its course
eastward, like the I Sutil" and 1 Mexicana," on reaching Guemes Island, it continued
its course northward along the main channel, which separates Blakely Island from
Cypress Island, and anchored in Strawberry Bay.
Thence it pursued its course between Orcas Island and Lummi (Pacheco) Island,
until it reached Birch Bay. Passing onwards it pursued a north and west course past
Point Roberts, and fell in with the Spanish vessels "Sutil" and "Mexicana," as
already mentioned, off the first large inlet north of Point Roberts.
The narrative of Vancouver's expedition was made public in 1798, and there was
annexed to it a chart, in which the course of the expedition is traced through the
present Rosario Strait, and soundings are given at the entrance and in various parts of
that Strait, and in the upper waters of the ancient Gulf in continuation of that Strait.
The name of the Canal de Arro appears also in this chart assigned to the lower
part of the Strait which separates Vancouver's Island from San Juan; but the parts
on the west and north shores of these waters are not shaded, intimating that Vancouver
derived his information from Spanish authorities.
No soundings whatever are given of the Canal de Haro either in Vancouver's
Chart, or in the Spanish Chart annexed to the narrative of the voyage of the " Sutil"
and " Mexicana."
The Chart of Vancouver, in which the soundings as above-mentioned are laid Cha*t No. 2.
down, has been the guiding chart for all British vessels navigating the waters between
the Continent and Vancouver's Island from 1798 until some time after 1847, when a
more accurate survey was made of the Strait of Euca by Captain Kellett, and there
is evidence preserved in the logs of vessels in the service of the Hudson's Bay
Company prior to that year, that it was their invariable practice to use the Rosario
Strait as the leading channel from Euca's Strait into the upper waters now known as
the Strait of Georgia.
Mr. Greenhow, in his "Memoir on the North-West Coast of North America"
(New York, 1840), p. 139, says that " the observations of Vancouver form the basis of
our best maps of the west coast of America from the 30th degree of latitude to the
northern extremity of Cook's inlet, as also of those of the Sandwich Islands, which he
surveyed with care. The maps contained in the atlas annexed to the journal of the
voyage of the c Sutil' and 'Mexicana' are nearly all copied from those of the British
navigator."
'[105] C Navigation of
Fuca's Strait.
Chart No. 4.f
Chart No. 3.
Extent of Fuca's Strait..
It will have been observed by His Imperial Majesty that Her Majesty's Government, in speaking of Euca's Strait, uses that expression to denote the inlet of the^ sea
which extends from Cape Elattery to Whidbey Island, which lies off the American
Continent. The utmost length of Euca's Strait would thus extend over about 2° 5'
of longitude, equal in that latitude to about 80 miles (English), when it merges, at
its south-east extremity, in Admiralty Inlet, and at its north-east extremity in
Rosario Strait.
Navigation of Fuca's Strait.
The Rosario Strait and the Canal de Haro are both of them connected immediately
with Euca's Strait, so that it is possible for a vessel setting out from a port on either
side of the Channel under the 49th parallel of north latitude, to pass by either of these
intervening Channels into Euca's Strait, and thence to the Pacific Ocean; with this
difference, however, that a vessel passing down the Rosario Strait would enter Euca's
Strait at its eastern end, in about 122° 47' west longitude, the proper and safe course
for such a vessel being to the eastward of Davidson's Rock at the distance of about
1 mile south of Cape Colville, and so would have to navigate the whole of Fuca's Strait
on its way to the Pacific Ocean ; whereas a vessel passing down the Canal de Haro can
keep a safe course between Discovery Island and the Middle Bank, and enter the
Strait of Euca in about 123° 10' west longitude, and so would only be obliged to navigate
about two-thirds of Fuca's Strait .on its way to the Pacific Ocean. On the other hand,
a vessel entering Euca's Strait from the Pacific Ocean and bound up the Rosario Strait
by night, after making the light upon Race Island, would have to make the Hght
upon New Dungeness, which is about 70 miles from Cape Elattery, and then the light
upon Smith or Blunt Island, which lies almost in the centre of the eastern end of
Euca's Strait, and about 6 miles from the entrance of the Rosario Strait. Having
made Smith's Island, the vessel may pass safely either to the northward or the southward of it, according as the wind may allow. In the former case she would probably
have to pass within 3 miles of
On the other hand, if she
Island, she would probably have to pass within 3 miles of Whidbey Island before she
reaches the entrance of the Rosario Strait. She might thus be obliged in one or the
other case to navigate within the three miles limit. On the contrary, a vessel entering
Euca's Strait from the Ocean, and bound up the Canal de Haro, will not be under any
necessity to pass within territorial waters on either side of the boundary line, in order
to reach the entrance of the Canal.
Cape Colville before she can enter the Rosario Strait,
hand, if she is obliged to keep a course to the southward of Smith's
Having thus, in the first place, brought under the consideration of His Imperial
Majesty the physical features of the waters through which the boundary line is to be
drawn pursuant to the provisions of the Treaty of the 15th June, 1846, Her Britannic
Majesty's Government'proposes, in the second place, to submit to the consideration of
His Imperial Majesty certain rules of interpretation which, in the opinion of jurists
of the highest authmity, are applicable to the interpretation of Treaties, and which, in
the opinion of Her Britannic Majesty's Government, may be properly invoked to
elicit the true interpretation of the Treaty of the 15th June, 1846.
Rules for the Interpretation of Treaties.
There are certain admitted Rules to which Her Majesty's Government invites the
attention of His Imperial Majesty, as proper to be observed in the interpretation of
Treaties:—
1. The words of a Treaty are to be taken to be used in the sense, in which they were
commonly used at the time when the Treaty ivas entered into.
In affirmation of this rule, Vattel (1. ii, chap. 17, sec. 271) writes:—" In the
interpretation of Treaties, compacts, and promises, we ought not to deviate from the
common use of language unless we have very strong reasons for it;" and in illustration
of what he means by "the common use of language," he goes on to say, in section
272, " The usage we here speak of is that of the time when the Treaty or the Deed
of whatever kind, was drawn up and concluded.    Languages incessantly vary, and the
signification and force of words changes wi   . time
* See Chart No. 4.
t See Chart No, 3.
—&s4* -,~ i£*?L*ii^.    -^ 2. In interpreting any expressions in a Treaty, regard must be had to the context and
spirit of the whole Treaty^
In affirmation of this rule, Vattel (ibid., sec. 285) writes as follows:—
I It frequently happens that, with a view to conciseness, people express imperfectly,
and with some degree of obscurity, things which they suppose to be sufficiently elucidated by the preceding matter, or which they intend to explain in the sequel; arid,
moreover, words and expressions have a different force, sometimes even a quite different
signification, according to the occasion, their connection and their relation to other
words.
" The
onnection and train of the discourse is, therefore, another source of
interpretation. We must consider the whole discourse together, in order perfectly to
conceive the sense of it, and to give to each expression not so much the signification
which it may individually admit of, as that which it ought to have from the context
and spirit of the discourse. Such is the maxim of the Roman law : \ Incivile est,
nisi tota lege perspecta, un& aliqua particula ejus propositi, judicare vel respondere.'
(Digest, 1. i, tit. iii, De Legibus, leg. 24.)"
3. The interpretation should be drawn from the connection and relation of the different
parts.
Upon this rule, Vattel (ibid., sec. 286) writes as follows :—
I The very connection and relation of the things in question helps also to discover
and establish the true sense of the Treaty or of any other piece. The interpretation
ought to be made in such a manner that all the parts may appear consonant to each
other—that what follows may agree with what preceded, unless it evidently appear
that, by the subsequent clauses, the parties intended to make some alteration in the
preceding ones. Eor it is to be presumed that the authors of a deed had an uniform
and steady train of thinking—that, they did not aim at inconsistencies and contradictions, but rather that they intended to explain one thing by another—and, in a word,
ma
tne same spirit reigns
throughout the same
3roduction
or tne same
that one
Treaty."
4. The interpretation should be suitable to the reason of the Treaty.
In illustration of this rule, Vattel (ibid., sec. 287) writes :—
" The reason of the law or of the Treaty—that is to say, the motive which led to
the making of it and the object in contemplation at the time—is the most certain clue
to lead us to the discovery of its true meaning; and great attention should be paid
to the circumstance whenever there is question either of explaining .an obscure,
ambiguous, indeterminate passage in a law or Treaty, or of applying it to a particular
case. When once we certainly know the reason which alone has determined the will
of the person speaking, we ought to interpret and apply his words in a manner suitable
to that reason alone; otherwise he will be made to speak and act contrary to his
intention, and in opposition to his own views.
1 Pursuant to this rule, a prince who on granting his daughter in marriage has
promised to assist his intended son-in-law in all his wars is not bound to give him
any assistance if the marriage does not take place.
a
But we ought to be
very
certain
hat we know the true and onlv reason of
the law, the promise, or the Treaty. In matters of this nature it is not allowable to
indulge in vain and uncertain conjectures, and to suppose reasons and views, where
there are none certainly known.    If the piece in question is in itself obscure-
■ii, in
order to discover its meaning, we have no other resource than' the investigation of
the author's views or the motives of the deed, we may then have recourse to conjecture,
and, in default of absolute certainty, adopt as the true meaning that which has the
greatest degree of probability on its side. But it is a dangerous abuse to go without
necessity in search of motives and uncertain views in order to wrest, restrict, or extend
the meaning of a deed, which is of itself sufficiently clear and carries no absurdity on
the face of it. Such a procedure is a violation* of that incontestable maxim, that
it is not allowable to interpret what has no need of interpretation."
It may be observed, by the way, that the motive of the High Cojrtyacting
Parties to the Treaty of 1846, and the object they had in view, are explicitly stated
in the Preamble of the Treaty, so that it will not be necessary for His Imperial Majesty
to travel out of the words" of the Treaty itself, for the purpose of ascertaining the
reason of it.
5. Treaties are to be interpreted in a favourable rather than an odious sense,
In illustration of this rule Vattel (ibid., sec. 301) writes :—
" It will not be difficult to show in general what things are favourable, and what
are odious    In the first place, everything that tends to the common advantage in
Vattel, 1. ii, chap. 17,
sec. 285.
Vattel, ibid., sec, 286.
I
Vattel, ibid., sec. 287.
Vattel, ibid., sec. 301. Vattel, 1. ii, chap. 18,
sec. 305.
8
Conventions, or that has a tendency to place the Contracting Parties on a footing of
equality, is favourable. The voice of equity and the general rule of contracts require
that the conditions between the parties should be equal. We are not to presume,
without very strong reasons, that one of the Contracting Parties intended to favour
the other to his own prejudice; but there is no danger in extending what is for the
common advantage. If, therefore, it happens that the Contracting Parties have not
made known their will with sufficient clearness, and with all the necessary precision,
it is certainly more conformable to equity to seek for that will in the sense most
favourable to equality and the common advantage, than to suppose it in the contrary
sense. Por the same reason everything that is not for the common advantage, everything that tends to destroy the equality of a contract, everything that onerates only
one of the parties, or that onerates the one more than the other, is odious. In a
Treaty of strict friendship, union, and alliance, everything which, without being
burdensome to any of the parties, tends to the common advantage of the Confederacy,
and to draw the bonds of union closer, is favourable. In unequal Treaties, and
especially in unequal alliances, all the clauses of inequality, and principally those that
onerate the inferior ally, are odious. Upon this principle that we ought, in cases of
doubt, to extend what leads to equality and restrict what destroys it, is founded that
well-known rule—'Incommoda vitantis melior, quam commoda petentis, est causa.'
(Quinctilian, Inst. Orat., 1. vii, ch. iv.) The party who endeavours to avoid a loss has
a better cause to support than he who aims at obtaining an advantage."
6. Whatever interpretation tends to change the existing state of things at the time the
Treaty was made is to be ranked in the class of odious things.
Vattel (ibid., sec. 305), in illustration of this rule observes, that § the proprietor
cannot be deprived of his right, except so far precisely as he relinquishes it on his part;
and in case of doubt the presumption is in favour of the possessor. It is less repugnant
to equity to withhold from the owner a possession which he has lost through his own
neglect, than to strip the just possessor of what lawfully belongs to him, In the
interpretation, therefore, we ought rather to hazard the former inconvenience than the
latter. Here also may be applied, in many cases, the rule above-mentioned (sec. 301),
that the party who endeavours to avoid a loss has a better cause to support than he
who aims at obtaining an advantage."
Her Britannic Majesty's Government will now proceed to submit to the
consideration of His Imperial Majesty, in the third place, their views as to the proper
application of the above rules to the interpretation of the Treaty of 15th June, 1846.
The First Rule of
Interpretation.
the Rosario Strait
before 1846
The First Rule of Interpretation in its application to the Treaty of 1846.
In accordance with the first rule above mentioned, Her Majesty's Government
submits to the consideration of His Imperial Majesty the following facts in support of
Chart No. 2. the position that the narrow waters, now designated the Rosario Strait in British
The general use of Charts, were the, only channel between the Continent and Vancouver's Island generally
+    ^    ■' «"■«'♦    known and commonly used by sea-going vessels at the time when the Treaty of 15th June,
1846, was made, and that the words ".the Channel," in the signification which common
usage affixed to them at that time, denoted those waters.
(1.) Vancouver's expedition, in 1792, after exploring-the head-waters of Puca's
Strait, passed on to the northward, along the narrow waters which separate Lopez
Island from what was then believed to be the Continent, and fallowed those waters in
their course between Blakely Island and Cypress Island into Birch Bay, and thence
passed onwards to Point Roberts and the upper waters of the ancient Gulf now called
the Strait of Georgia. Soundings were made throughout the passage, which are stated
in Vancouver's narrative, and are laid down in the chart annexed to it, sufficient to
secure for future navigators a safe course from Puca's Strait into the upper Gulf.
Vancouver did not explore, nor does he give any soundings of the Canal de Haro. It
is^ not mentioned in his narrative; the name of it, however, appears on the face of
his Chart, distinguishing waters without soundings from the Channel through which
Vancouver passed.
(2.) The Spanish exploring vessels I Sutil" and " Mexicana," in the same year,
appear, from the narrative of the expedition, to have pursued a course to the southward
of the San Juan Island until they reached the head-waters of Puca's Strait. They
then entered the same channel which Vancouver entered, and followed it as far as the
Island of Guemes, when they passed onwards,  along the Canal de Guemes, into
Appendix No. 4.
Chart No. 1, 9
Bellinghain Bay ("El Seno de Gaston").    Erom Bellingham  Bay they pursued a
northerly course, past Point Roberts into the upper waters of the ancient Gulf.
(3.) The Chart of Vancouver, which gives soundings only for navigating through   im $|
the Bosario Channel, was the Chart in general use up to the end of 1846.
(4.) No Spanish chart of a date antecedent to the Treaty of 15th June, 1846, is
known to Her Majesty's Government, in which soundings are given for navigating
through the Canal de Haro.
(5.) When the "Beaver," the first steam-vessel used by the Hudson's Bay
Company, passed up from Euca's Strait to Eort Langley on the Erazer River in 1837,
she made use of what is now known as the Bosario Channel. She explored the Canal
de Haro for the first time in 1846.
(6.) When the United States exploring vessel | Porpoise," under Lieutenant Ringgold, passed up to the northward, from Euca's Straits into the upper Gulf in 1841,
she made use of what is now known as the Rosario Channel. The boats, on the other
hand, of her consort, the " Vincennes," which remained at New Dungeness, were
dispatched to the Canal de Haro to make a survey of it. Lieutenant Wilkes, in his
narrative (vol. iv, p. 515), states that they were so engaged for three days, by which
time they " completed all that was essential to the navigation of it."
(7.) Her Majesty's steamer "Cormorant," the first of Her Majesty's steam-ships Appendix No, 6.
which navigated   the waters  between   the  Continent  and Vancouver's  Island,  in
September 1846 passed up the Rosario Channel to the northward, and returned to
Euca's Strait by the same channel.
(8.) The declarations of sea-captains and other persons in the   service   of the Appendix No. 5.
Hudson's Bay Company are conclusive that the only channel, used and considered safe
by them prior to 1846, was the Rosario Channel.
The Second and Third Rules of Interpretation. The Second and
Third Rules of
It is conceived by Her Majesty's Government that the second and third rules for interpretation,
the interpretation of Treaties, already brought to the attention of His Imperial Majesty,
as they are of a cognate character, may be conveniently considered together in their
application to the question submitted to the arbitration of His Imperial Majesty.
These rules may be, then, briefly expressed:—
(a.) That the context and spirit of a discourse is a source of interpretation, where
particular expressions are obscure from over-conciseness of statement.
(b.) The interpretation of any part of a discourse ought to be made in such a
manner, that all the parts may be consonant to one another.
It may be observed then, in the first place, that the only expressions in the Treaty Appendix No. 2.
of 15th June, 1846, respecting which any disagreement has arisen between the High
Contracting Parties, are to be found in the second paragraph of the 1st Article of it:
I And thence southerly through the middle of the said Channel, and of Euca's Strait,
to the Pacific Ocean:" and that the disagreement is limited to the words "the said
Channel." It is considered, therefore, by Her Majesty's Government that, in order to
arrive at the true interpretation of the above words, regard may properly be had, not
merely to the context of the paragraph itself, but to the text of tJie preceding and
following paragraphs of the 1st Article, which is the operative part of the Treaty as
regards the settlement of the line of boundary.
The 1st Article, then, of the said Treaty is divided into three paragraphs:—
1. Erom the point in the 49th parallel of north latitude, where the boundary laid
down in existing Treaties and Conventions between Great Britain and the United States
terminates, the line of boundary between the territories of Her Britannic Majesty and
the United States shall be continued westward along the said 49th parallel of north
latitude to the middle of the Channel, which separates the Continent from Vancouver's
Island.
2. And thence southerly through the middle of the said Channel and of Euca's
Straits to the Pacific Ocean.
3. Provided, however, that the navigation of the whole of the said Channel and
Straits south of the 49th parallel of north latitude remain free and open to both
parties.
Looking now to the text of the first paragraph of this Article in connection with The context of the
the second paragraph, Her Majesty's Government submits to His Imperial Majesty that Treaty considered,
the second paragraph may be read as if it were written in extenso thus:   " And thence
southerly through the middle of the Channel which  separates  the continent from
Vancouver's Island, and through the middle of Euca's Straits to the Pacific Ocean,'
Ak 10
1
The consonance of
the second and
third paragraphs
of the Treaty.
Chart No. 4.
the channel and the straits being so connected in the second paragraph as to be
governed by the preceding words, "through the middle of."
Now the extent of the waters here designated as Euca's Strait is not in contro-
versy. It is true, indeed, that by some writers, amongst whom may be mentioned
Mr. Robert Greenhow, the Librarian to the Department of State of the United States,
and the author of a Memoir, Historical and Political, on the North-West Coast of
North America, published in 1840 by direction of the Senate, the term | Euca's Strait'
has been used prior to the Treaty of 1846 to denote the whole of the channel through
which p was supposed that the Greek pilot, Juan de Euca, found a passage into the
Polar Sea in the sixteenth century. Thus Mr. Greenhow, in his | History of Oregon'
(p. 20), speaking of the three great groups of islands south of 54° 40' north latitude,
sav;;, " The southernmost group embraces one large island, and an infinite number of
smaller ones, extending from the 49th parallel to the 51st, and separated from the
continent on the south and east by the channel called the Strait of Euca."    There
is a slight inaccuracy, it may be observed, in this passage as regards the latitude of
the group of islands; but Mr. Greenhow, in a previous passage of the same work
(p. 22), has described the channel which he has in view with greater accuracy, as
running eastward about 100 miles between the 48th and 49th parallels of latitude,
and then turning to the north-west.
The view of Her Majesty's Government is, that the term "Euca's Straits I] is used
in the Treaty of 1846 to signify the lower portion only of Mr. Greenhow's Channel,
namely, the inlet of the sea which extends eastward from the Pacific Ocean to the
Vancouver
i his
to  the
entrance  of the passage, through which   Vancouver  continued, nis voyage
northward, and which he has laid down in his chart as a navigable channel, connecting
Euca's Strait with the upper waters of the ancient Gulf.
In accordance with this signification of Euca's Straits, Her Majesty's Government
submits to His Imperial Majesty that the term "Euca's Straits" must be taken
to have been inserted in the second paragraph of the 1st Article of the Treaty of
1846, for the sake of describing with greater precision the course of the boundary line,
and that it is one of the necessary conditions of the boundary liile, that it should be
drawn through the middle of the inlet of the sea, of which Cape Elattery may be
regarded as the south-western extremity, and Deception Pass as the north-eastern
extremity.
Now a line may be properly said to be drawn through the middle of this inlet,
if it be drawn in either of two ways, namely, if it be drawn lengthways, or if it
be drawn breadthways. There can however be no doubt as to which of such
alternative lines is required to satisfy the Treaty, as the line is to be drawn, to the
Pacific Ocean, and this can only be effected by drawing the line through' the middle of
Fuca's Straits lengthways. Upon this point in the case, Her Majesty's Government
submits to His Imperial Majesty that there can be no reasonable doubt.
Her Majesty's Government further submits to His Imperial Majesty that, in
order that the second paragraph of the 1st Article of the Treaty of 1846 shall be
consonant to the third paragraph, in other words in order to account for and give
reasonable effect to the third paragraph, whereby the navigation of the whole of Fucas
Straits is secured to both the High Contracting" Parties, the second paragraph must be
interpreted as requiring the line to be drawn southerly through the mi~
which will allow it to enter the head-waters of Fucas Straits, and to be c
the middle of the Straits
in an uninterrupted line to
the boundary line after it has entered En
ca
ddle of a channel
contvnued through
the Pacific Ocean;   in other words
Straits must divide the waters of the
necessary
which, is embodied in
Straits in sucii a manner, as to render the proviso
the third paragraph.
Por the purpose of bringing this part of the case more completely before the mind
of His Imperial Majesty, Her Majesty's Government will recapitulate briefly the
characteristics of Puca's Straits, as they bear upon the question.
The breadth, then, of Puca's Straits, where they leave the Pacific Ocean between
Gape Mattery on the Continent, their southern point, and Bonilla Point on Vancouver's
Island, then-northern point, is thirteen miles. Within these points they soon narrow
to eleven miles, and carry this width on an east course for forty miles. They then
take an east-north-east direction to the shore of Whidbey Island. Between Race
Islands and the southern shore is the narrowest part of the Straits. Their least
breadth, however, uv this part is not less than eight miles, after which the Straits
expand immediately to seventeen miles, a width which they maintain more or less
in the part where the Canal de Haro enters them. On the other hand, it is difficult
to define precisely the place where the waters of Puca's Straits meree in those cf
PP
a.upn
wmun     ,ll
^m 11
the Rosario Strait; but Euca's Straits gradually contract as they approach the entrance
of the Rosario Strait, which is only five miles wide. A provision which thus secures
to the vessels of either nation the right of free navigation on either side of the
boundary line throughout the whole of the Channel and Fuca's Straits would be perfectly
intelligible, and, in fact, would be a requisite precaution, if the line is to pass through
Rosario Strait, dividing the head waters of Euca's Straits; but it would not be in
any such sense a necessary precaution, if the line of boundary is to be drawn through
the Canal de Haro.
On the former supposition it would be reasonable to secure to either party the free Reasons of the
navigation of the whole of Euca's Straits equally as of the Rosario Channel- inasmuch third paragraph,
as the medium filum aquce in the uppermost part of Euca's Straits would be within
the " three miles limit" of either shore; on the other hand, the part of Euca's Straits,
where the Canal de Haro strikes them, are of so great a breadth that there would be
an ample margin of common navigable water for vessels on either side of the medium
filum aqua, and no necessity for vessels passing to and from the Pacific Ocean to
navigate within the jurisdictional waters of either of the High Contracting Parties.
If it should be said on behalf of the United States' Government that the proviso
in the third paragraph of the 1st Article of the Treaty of 1846 was not inserted by
way of precaution, but rather by way of comity, to preserve to both the High
Contracting Parties a liberty of navigation hitherto enjoyed by them in common,
Her Majesty's Government submits that considerations of comity would equally have
required the extension of the proviso to the waters of the Channel, which separates the
continent from Vancouver's Island north of the forty-ninth parallel of north latitude, as
both parties had heretofore enjoyed in common the free navigation of those waters;
but no such precaution has been taken in the Treaty to limit the exercise of exclusive
sovereignty north of the forty-ninth parallel.
Again, it would have been an unreasonable thing to have provided by the Treaty
that both parties should retain the free enjoyment of the navigation of the whole of
Fucas Straits, unless the Treaty is to be interpreted as requiring the boundary line to
be drawn through the middle of
those
Straits, and continued' through the Rosario
Channel, in which  case the free navigation of the whoh
of Euca's
The Fourth Rule
of Interpretation.
traits to the
eastward of the Canal de Haro would be at times a condition essentially necessary to
enable British or American vessels, as the case may be, to enter or leave the channel
connecting Euca's Straits with the waters of the upper Gulf. To contend, indeed, that
this provision of the Treaty would be consonant to an interpretation of the Treaty,
which would continue the boundary line through the Canal de Haro, is to deprive
the proviso of any rational meaning, as American vessels would possess the right of
navigating the Straits to the eastward of the Canal de Haro without any such proviso,
and British vessels would not require any such liberty to enable them to enter or
leave the Channel through which the boundary line is to pass from Euca's Straits into
the waters of the upper Gulf.
The Fourth Rule of Interpretation. i||
The fourth of the rules to which Her Britannic Majesty's Government has invited
the attention of His Imperial Majesty is, that the interpretation should be suitable to the
reason of the Treaty, that is to say, the motive which led to the making of it, and the
object in contemplation at the time.
" "We ought," says Vattel (section 287), " to be very certain that we know the true
and only reason of the law, or the Treaty. In matters of this nature it is not allowable
to indulge in vague and uncertain conjectures, and to suppose reasons and views where
there are none certainly known. If the piece in question is in itself obscure; if, in
order to discover its meaning we have no other resource than the investigation of the
author's views or the motives of the deed, we may then have recourse to conjecture,
and in default of absolute certainty adopt, as the true meaning, that which has the
greatest dfegree of probability on its side. But it is a dangerous abuse to go without in
search of motives and uncertain views in order to wrest, restrict, or extend the meaning
of the deed, which is of itself sufficiently clear, and carries no absurdity on the face
of it." mm
Now the motive of the Treaty, as recited in the Preamble of it, was to terminate The motive of the
a state of doubt and uncertainty, which had hitherto prevailed respecting the sove- Treaty.
reignty and government of the territory on the north-west coast of America, lying
Westward of the Rocky Mountains, by an amicable compromise of the rights mutually
asserted by the two parties over the said territory. w^m
The object of the
Treaty.
No name is given
to the Channel.
Chart No. 2.
12
It is a reasonable presumption from this Preamble, that Her Britennic Majesty's
Government, which drew up the paragraph of the Treaty of 1846, the meaning of
which is in controversy, had a definite boundary line in view, which would terminate ail
doubt and uncertainty as to the limits, within which the respective Parties to the
Treatv were henceforth to exercise rights of sovereignty.
The Treaty of 1846, it should also be borne in mind, was not an ordinary Treaty of
friendship or alliance, in which a paragraph respecting mutual boundaries was inserted
amongst paragraphs relevant to other matters; but it was a lYeaty, ot which the
primary object was the settlement of a boundary line, and it would be unreasonable to
attach a vague and uncertain meaning to any words descriptive of the boundary line, if
such words are susceptible of a definite and certain meaning.
It is not too much to say, and it will probably not be disputed—for it has been so
stated by one of the most eminent of American statesmen—that the great aim of the
United States in 1846 was to establish the 49th parallel of north latitude as the line of
boundary on the western side of the Rocky Mountains, | not to be departed from for any
line further south on the Continent | and that with regard to straits, sounds, and islands.
in the neighbouring seas, they were subjects of minor importance, to be dealt with in a
spirit of fairness and equity. "-^Speech of Mr. Webster before the Senate of the United
States, March 30,1846.)
On the other hand, it is notorious, and it is also patent on the face of the Treaty
itself, that the great aim of Her Britannic Majesty's Government was to meet the views
of- the United States' Government in regard to the 49th parallel of north latitude with
as little sacrifice as possible of the rights heretofore enjoyed by the Hudson's Bay Company
and other British subjects in the waters south of that parallel.
Now it is a remarkable feature of the Treaty that no name is given to the Channel,
to the middle of which the 49th parallel of north latitude was to be continued after
leaving the Continent, and through the middle of which it was to be drawn southerly
after being deflected from that parallel. The channel is described as | the Channel
separating the Continent from Vancouver's Island," and the line is simply directed to
be drawn | southerly through the middle of the said Channel and of Puca's Straits."
The presumption arising from this description of it is that the Channel intended by the
Treaty was the only Channel then used by sea-going vessels, and that it had no distinguishing
name, but that upon the face of the charts then in use, it would readily answer the
description given of it in the Treaty, and would admit of the boundary line being
deflected and continued through the middle of it and of Puca's Straits to the Pacific
Ocean.
It will be seen by His Imperial Majesty, on an examination of Vancouver's Chart,
which was the most accurate chart known to Her Britannic Majesty's Government at
the time when the Treaty was made, and which was the Chart under the consideration
of Her Britannic Majesty's Government when they framed the 1st Article of the
Treaty, that the name of the Gulf of Georgia is assigned in that Chart to the whole of
the interior sea, which separates the Continent from the group of islands, the chief of
which is called Quadra and Vancouver's Island, such being the name of the largest
island at the time when the chart was constructed, and that no distinguishing name is
assigned either to the channel up which Vancouver sailed to the northward, or to the
portion of the Gulf in the 49th parallel of north latitude. Her Majesty's Government,
accordingly contends—(1) that the boundary line, which is directed by the Treaty to be
continued westward along the 49th parallel of north latitude to the middle of a channel
without any distinguishing name, and thence southerly through the middle of the said
channel and of Puca's Straits, is intended by the words of the Treaty to be drawn
through the middle of a channel which had, at that time, no distinguishing name; and
(2) that, as the channel now called the Rosario Strait is found in the charts of the
period (1846) without any distinguishing name assigned to it, and in other respects
corresponding with the requirements of the Treaty, such channel ought to be preferred
to the Canal de Haro, which bore a distinguishing name at that period.
Her Britannic Majesty's Government contends, on this part of the case, that to
draw the line through the middle of the waters distinguished in Vancouver's Chart
from the Channel, through which he sailed, by the name of the " Canal de Arro," and
which waters are represented in that chart as unsurveyed, would be to continue the
line not through " the said Channel"—that is, a Channel without any distinguishing
name—but through a channel which, at the time the Treaty was made, was distinguished by name from the channel surveyed by Vancouver. No reason can well be
assigned, if such a channel was contemplated by both parties, why it should not have
been designated by its distinguishing name to prevent all uncertainty.
B
T3W 13
But it may be said, that there is evidence that the Canal de Haro was contemplated
by the.United States' Government, and that they had charts in their possession, which
satisfied them that it was a navigable and safe channel, equally as the channel along
which Vancouver sailed. The reply to such an argument is not far to seek. If it can
be established that one of the parties to the Treaty had knowledge only of one
navigable Channel corresponding to the provisions of the Treaty, the fact that the
other party was aware of another navigable Channel could never justify such an
interpretation being given to the Treaty, as should bind the former to accept the Treaty
in a sense of which it did not know it to be capable, when the Treaty may be interpreted in a sense in which both parties were aware that it was capable of being
interpreted. The reason of the thing is against such an interpretation, as has been
proposed to be given to the Treaty on the part of the United States' Government.
There is a further reason, why the Canal de Haro does not satisfy the language
of the Treaty.
The commencement of the boundary line, which is to be drawn southerly, is
described in the Treaty as being in a Channel under the 49th parallel of north
latitude; but a glance at the chart will satisfy His Imperial Majesty that the Canal
de Haro cannot, in any proper sense of the words, be held to commence under that
parallel. It has a distinct commencement between Saturna Island and Patos Island,
under a lower parallel. It has, therefore, not only a distinguishing name, but it has its
physical characteristics which distinguish it from the channel described in the Treaty of
1846 as identical with the channel under the 49th parallel of north latitude.
The Fifth Rule of Interpretation.
The fifth rule of interpretation, to which Her Britannic Majesty's Government
has invited the attention of His Imperial Majesty is, that Treaties are to be interpreted
in a favourable rather than in an odious sense.
"We are not to presume/' says Vattel (sec. 30), "without any strong reasons that
one of the Contracting Parties intended to favour the other to his own prejudice, but
there is no danger in extending what is for the common advantage. If, therefore,
it happens that the Contracting Parties have not made known their will with sufficient
clearness and with all the necessary precision, it is certainly more conformable to
equity to seek for that will in the sense most favourable to equality and the common
advantage."
Now, it may be stated by Her Majesty's Government without fear of contradiction,
that, at the time when the Treaty of 1846 was signed at "Washington, no charts were in
use by those, who navigated the interior sea between the Continent and Vancouver's
Island, but  Vancouver's   Chart, and   possibly a  Spanish  Chart purporting   to  be
constructed in 1795 upon the surveys made by the 1 Sutil" and "Mexicana.",   Of the
latter chart, indeed, Her Britannic Majesty's Government had no certain knowledge
in 1846, for the only Spanish chart of those waters, which is to be found in the archives
of the British Admiralty at Whitehall, did not come into its possession until 1849.
In neither, however, of those Charts are there any soundings of a navigable passage
through the Canal de Haro.    It is true, indeed, that in the Spanish Chart some
soundings are given of Cordova Channel, in which the boats of the | Sutil" and
j Mexicana" appear to have crept close along the shore; but there are no soundings
to guide a vessel out of the Canal de Haro into any part of the upper waters, which
are south of 49° parallel of north latitude.    An interpretation, therefore, of the Treaty,
which would declare the Canal de Haro to be the channel, down which the boundary
line is to be carried, would be to declare that Her Britannic Majesty's Government
when it concluded the Treaty of 1846 intended to favour the United States' Government
to its own prejudice, for it would be to declare that Her Britannic Majesty's Government
intended to abandon   the use of the only channel leading to its own possessions, which
it* knew to be navigable and safe, and to confine itself to the use of a channel respecting
"which it had no assurance that it was even navigable in its upper waters for sea-going
vessels, hay, respecting which it is not too much to say, that Her Britannic Majesty's
Government had a firm belief that it was a dangerous strait.    On the other'hand, an
interpretation which would declare Vancouver's Channel, now distinguished by the
name of the Rosario Strait, to be the common boundary, will give to both Parties the
use of a Channel, which was known to both Parties at the time when the Treaty was
made to be a navigable and safe channel.    The two Parties in respect of such an
interpretation would be placed in a position of equality.
Lio5] x * m H D
The Fifth Rule of
Interpretation.
A favourable interpretation to be preferred to an odious
interpretation.
The Charts in use*
in 1846.
Chart No. 2. 14
possessor of a
thing
Chart No. 2.
The Sixth ttule of The Sixth Rule of Interpretation.
rpre a ion. ^ gixtli Rule of interpretation, which is a corollary to the next preceding Pule,
and which is also submitted to the attention of His Imperial Majesty, is that, in case of
The presumption is dou&£, the presumption is in favour of the possessor of a thing; in other words, the party
in favour of u        wlu) en(jeavours to avoid a loss has a better cause to support, than he who aims at
obtaining an advantage.
It has been already said that the Channel in use in 1846, and the only Channel
in use by British vessels navigating from the Straits of Puca to the stations of the
Hudson's Bay Company on Prazer's River and elsewhere north of the 49th parallel of
north latitude, was the channel surveyed by Vancouver, and. of which soundings are
given in his Chart.
The Government of the United States contends for an interpretation of the Treaty,
which will dispossess British vessels of the use of this channel. There is no evidence on
the other hand that the Canal de Haro was used by vessels of the United States prior
to the Treaty of 1846.
Her Britannic Majesty's Government, on the other hand, is not contending for
an interpretation of the Treaty, which will deprive the citizens of the United States of
any right habitually exercised by them prior to the Treaty. If, indeed, the United
States' Government had knowledge from unpublished surveys or otherwise, prior to
the Treaty of 1846, that the Canal de Haro was a navigable and safe channel, it
cannot be denied that citizens of the United States, if they used any channel at all
prior to 1846, made use of the channel now called the Rosario Strait. It is submitted
accordingly to His Imperial Majesty, that an interpretation of the* Treaty, which
declares the Rosario Strait to be the channel,, through the middle of which the
boundary line is to be drawn, will continue to American citizens the full enjoyment
of such rights of navigation as were exercised by them prior to the Treaty, whilst a
declaration in favour of the claim of the United States will strip British subjects of
corresponding rights. Wherever there is doubtful right, it is less repugnant to equity to
withhold from a claimant the enjoyment of a thing, which he ha$ never possessed, than
to strip the possessor of a thing, of which he has habitually had the enjoyment.
The question whether any third channel, other than the Rosario Strait or the
Canal de Haro, would satisfy the requirements of the Treaty of 1846 has not been
touched upon by Her Britannic Majesty's. Government for these reasons—amongst
others, that the existence of any intermediate navigable channel was unknown to both
the Contracting: Parties at the time when the Treaty of 1846 was signed, and the
Government of the United States has never contended for any such channel. Besides,
Her Britannic Majesty s Government presumes that the true interpretation of the
Treaty of 1846 is to be sought rebus sic stantibus, that is, upon the state of facts known
to both parties at the time when the Treaty of 1846 was concluded.
On the above considerations of .fact and of public law, Her Britannic Majesty's
Government submits to His Imperial Majesty that the claim of Her Britannic
Majesty's Government that the portion of the boundary line which, under the terms*
of the Treaty of 15th June, 1846, runs southerly through the middle of the Channel
which separates the Continent from Vancouver Island, should be run through the
Rosario Strait, is valid, and ought to be preferred to the claim of the Government
of the United States, that it shoidd be run through the Canal de Haro.
Recapitulation of
Facts.
Appendix No. -,
Recapitulation of Facts*
The considerations of fact may be briefly recapitulated:—
1. That the Channel, now designated as the Rosario Strait in British charts,
which designation embraced the Channel to the north as well as the south of the
49th parallel of north latitude in Spanish charts, was the only Channel between the
Continent and Vancouver Island generally known and commonly used by sea-Q'oino*
vessels at the time when the Treaty of 15th June, 1846, was made, and that the words
"The Channel," in the signification which common usage affixed to them at that time,
denoted those waters.
2. That the context of the first and second paragraphs of Article I of the Treaty
of 15th June, 1846, requires that the boundary line should be continued through the-
middle of a Channel so as to enter the head-waters of Fucas Straits, which is practicable,
if the line should be run through the Rosario Strait, but is impracticable, if it should
be run through the Canal de Haro. 15
3. That the proviso in the third paragraph of Article I, which secures to either
Party the free navigation of the whole of Fucas Straits, is intelligible, as a necessary
precaution, if the boundary line is to be run through the Rosario Strait, but is
unnecessary and unreasonable, if the boundary line is to be run through the Canal de
Haro.
4. That a boundary line run through the middle of the Channel, now called the
Rosario Strait, satisfies the great aim, which either party had in view prior to the
conclusion of the Treaty of the 15th June, 1846; and as that Channel had no
distinguishing name at the time when the Treaty was made, it could not be otherwise
described than as it is described in the Treaty. On the other hand the Canal de Haro
had a distinguishing name, and there was no reason, if the Canal de Haro was
contemplated by both the High Contracting Parties at the time when the Treaty was
made, why it should not have been described by its distinguishing name to prevent all
uncertainty.
5. That a line of boundary run through the middle of the Rosario Strait, in
accordance with the knowledge, which both the High Contracting Parties possessed at
the time when the Treaty of 15th June, 1846, was made, would have been favourable
to both Parties, whereas a line of boundary run through the Canal de Haro would have
deprived Her Britannic Majesty of a right of access to her own possessions through the
only then known navigable and safe channel.
6. That it is more in accordance with equity that His Imperial Majesty should
pronounce in favour of the claim of Her "Britannic Majesty's Government, than in
favour of the claim of the Government of the United States, as a decision of His
Imperial Majesty declaring the Rosario Strait to be the Channel through which the
boundary line is to be run, will continue to citizens of the United States the free use
of the only Channel navigated by their vessels prior to the Treaty of 15th June, 1846;
whilst a declaration of His Imperial Majesty in ffvbur of the claim of the Government
of the United States will deprive British subjects of rights of navigation, of which they have
had the habitual enjoyment from the time when the Rosario Strait was first explored
and surveyed by Vancouver.
The evidence, which Her Britannic Majesty's Government has thought it proper
to offer to the consideration of His Imperial Majesty in support of the present case,
has, for the convenience of His Imperial Majesty, been collected in an Appendix,
which is annexed thereto.
D 2  APPENDIX
I wmmm 19
X.
APPENDIX.
No. I.
Articles XXXtV to XL11 of the Treaty between Gfreat Britain and the United States of America, signed
at Washington, on the 8th May, 1871.
ARTICLE XXXIV.
WHEEEAS it was stipulated by Article I of the Treaty concluded at Washington on the 15th of
June, 1846, between Her Britannic Majesty and the United States, that the line of boundary between
the territories of the United States and those of Her Britannic Majesty, from the point on the
49th parallel of north latitude up to which it has already been ascertained, should be continued westward along the said parallel of north latitude 1 to the middle of the channel which separates the
continent from Vancouver's Island, and thence southerly, through the middle of the said channel and
of Fuca Straits, to the Pacific Ocean;" and whereas the Comikissioners appointed by the two High
Contracting Parties to determine that portion of the boundary which runs southerly through the middle
of the channel aforesaid were unable to agree upon the same; and whereas the Government of Her
Britannic Majesty claims that such boundary line should, under the terms of the Treaty above recited,
he run through the Eosario Straits ; aid the Government of the United States claims that it should be
run through the Canal de Haro, it is agreed that the respective claims of the Government of Her
Britannic Majesty and of the Government of the United States, shall be submitted to the arbitration,
and award of His Majesty the Emperor of Germany, who, having regard for the above-mentioned
Article of the said Treaty, shall decide thereupon, finally and without appeal, which of those claims is
most in accordance with the true interpretation of the Treaty of June 15, 1846.
AETICLE XXXV. , J, ||
The award of His Majesty the Emperor of Germany shall be considered as absolutely final and
conclusive; and full effect shall be given to such award without any objection, evasion, or delay whatsoever. Such decision shall be given in writing and dated; it shall be in whatsoever form His Majesty
may choose to adopt; it shall be delivered to the Eepresentatives or other public Agents of Great
Britain and of the United States respectively, who may be actually at Berlin, and shall be considered
as operative from the day of the date of the delivery thereof.
AETICLE XXXVI.
The written or printed case of each of the two parties, accompanied by the evidence offered in
support of the same, shall be laid before His Majesty the Emperor of Germany within six months from
the date of the exchange of the ratifications of this Treaty, and a copy of such case and evidence
shall "be communicated by each Party to the other, through then respective Eepresentatives at
Berlin.
The High Contracting Parties may include in the evidence to be considered by the Arbitrator,
such documents, official correspondence, and other official or public statements bearing on the subject
of the reference as they may consider necessary to the support of their respective cases.
After the written or printed case shall have been communicated by each Party to the other, each
Party shall have the power of drawing up and laying before the Arbitrator a second and definitive
statement, if it think fit to do so, in reply to the case of the other Party so communicated, whirli
definitive statement shall be so laid before the Arbitrator, and also be mutually communicated in the
same manner as aforesaid, by each party to the other, within six months from the date of laying the
first statement of the case before the Arbitrator.
Appendix,
Hi i.
M
AETICLE XXXVII.
If, in the case submitted to the Arbitrator, either Party shall specify or allude to any report or
document in its own exclusive possession without annexing a copy, such Party shall be bound, if the
other Party thinks proper to apply for it, to furnish that Party with a copy thereof, and either Party
may call upon the other, through the Arbitrator, to produce the originals or certified copies of any
papers adduced as evidence, giving in each instance such reasonable notice as the Arbitrator may
require. And if the Arbitrator should desire further elucidation or evidence with regard to any point
contained in the statements laid before him, he shall be at liberty to require it from either Party, and
he shall be at liberty to hear one counsel or agent for each Party, in relation to any matter, and at such
wiiae, and in such manner as he may think Jit. Appendix.
20
AETICLE XXXVIII.
The Eepresentatives or other public Agents of Great Britain and of the United States at Berlin
respectively, shall be considered as the Agents of their respective Governments to conduct their cases
before the Arbitrator, who shall be requested to address all his communications, and give all his notices
to such Eepresentatives or other public Agents, who shaE represent their respective Governments
generally in all matters connected with the arbitration.
• • AETICLE XXXIX. §
It shall' be competent to the Arbitrator to proceed in the said arltitration, and aU matters relating
thereto, as and when he shall See fit, either in person, or by a person or persons named by him for that
purpose, either in the presence or absence of either or both Agents, either orally or by written
discussion, or otherwise.
AETICLE XL. | .  .'
' . The Arbitrator may, if he think fit, appoint a Secretary or Clerk, for the purposes of the proposed
arbitration, at such rate of remuneration as he shall think proper. This, and all other expenses of and
connected with the said arbitration, shall be provided for as hereinafter stipulated.
j^>-' '       •       AETICLE XLI: '
The Arbitrator shall be requested to deliver, together with his award, an account of all the costs
and expenses which he may have been put to in relation to this matter, which shall forthwith be repaid
by the two Governments in equal moieties.
AETICLE XIII.
The Arbitrator shall be requested to give his award in writing as early as convenient after the
whole case on each side shall have been laid before him, and to deliver one copy thereof to each of the
said Asents.
No m
No. II.
Copy of Treaty between Great Britain and the United States of America, signed at Washington on the
15th June, 1846.
[Ratifications exchanged at London, July 17, 1846.]
HEE Majesty the Queen of the Untied Kingdom of Great Britain and Ireland and the United
States of America, deeming it to be desirable for the future, welfare of both countries that the state of
doubt and uncertainty which has hitherto prevailed respecting the Sovereignty and Government of the
Territory on the North-west Coast of America, lying westward of the Eocky or Stony Mountains,
should be finally terminated by an amicable compromise of the rights mutually asserted by the two
Parties over the said Territory, have respectively named Plenipotentiaries to treat and agree concerning
the terms of such settlement, that is to say :—
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland has, on Her part
appointed the Eight Honourable Eichard Pakenham, a Member of Her Majesty's Most Honourable
Privy Council, and Her Majesty's Envoy Extraordinary and Minister Plenipotentiary to the United
States; and the President of, the United States of America has, on his part, furnished with full
powers, James Buchanan, Secretary of State of the United States ; who, after having communicated to
each other their respective full powers, found in good and due form, have agreed upon and concluded
the following Articles :—
AETICLE L
Erom the point on the forty-ninth parallel of north latitude, where the boundary laid down in
existing Treaties and Conventions between Great Britain and the United States terminates the line of
boundary between the territories of Her Britannic Majesty and those of the United States shall be
continued westward along'the said forty-ninth parallel of north latitude, to the middle of the channel
which separates the continent from Vancouver's Island; and thence southerly, through the middle of the
said channel, and of Fuca'sStraits, to the Pacific Ocean: provided, however,'that the navigation of the
whole of the said channel and straits, south of the forty-ninth parallel of'north latitude**remain free
and open to both Parties.
•    •'   ':> .      aeticle ii.
Erom the point at which the forty-ninth parallel of north latitude shall be found to intersect the
great northern branch of the Columbia Eiver, the navigation of the said branch shall be free and open
to the Hudson's Bay Company, and to all British subjects trading with the same, to the point where the
said branch meets the main stream of the Columbia, and thence down the said main stream to the
ocean, with free access into and through the said river or rivers ; it being understood that all the usual
portages along the line thus described shall, in like manner, be free and open.
±n navigating the said river or rivers, British subjects, with their goods and produce shall be
.treated on the same footing as citizens of the United States ; it being, however, always understood that
nothing in this Article shall be construed as preventing, or intended to prevent, the Government of the
m 21
"United States from making any regulations respecting the navigation of the said river or rivers, not
inconsistent with the present Treaty.
AETICLE III.
In the future appropriation of the territory south of the forty-ninth parallel of north latitude, as
provided in the First Article of this Treatfy, the possessory rights of the Hudson's Bay Company, and of
all British subjects who may he aheady in the occupation of land or other property lawfully acquired
within the said territory, shall be respected.
AETICLE IV.
The farms, lands, and other property of every description, belonging to the Puget's Sound
Agricultural Company, on the north side of the Columbia Eiver, shall be confirmed to the said
Company. In case, however, the situation of those farms and lands should be considered by the United
States to be of public and political importance, and the United States' Government should signify a
k desire to obtain possession of the whole, or of any part thereof, the property so required shall be
transferred to the said Government at a proper valuation, to be agreed upon between the parties.
|| AETICLE V.
The present Treaty shall be ratified by Her Britannic Majesty and by the President of the United
States by and with the advice and consent of'the Senate thereof; and the ratifications ..'1 be
exchanged at London at the expiration of six months from the date hereof, or sooner, if possible.
In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto
the seals of their aains.
Done at Washington, the 15th day of June, in the year of our Lord 1846.
EICHAED PAKEKEAM.       (L.S.)
JAMES BUCHANAN. (L.S.)
Appendix,
No. III.
A Narrative of the Passage of His Britannic Majesty's ships |Discovery 1 and | Chatham"- under the
1       " ' '   "     {" ' '    7 ' -jib the Channel
mcient Gulf of
j  Voyages"
1
ON"  the 29th April,  1792, Captain Vancouver, in command of His  Britannic Majesty's ships April 29, 1792,
I Discovery % and | Chatham," anchored, about 8 miles within the entrance, on the southern shore of page 220.
the supposed Straits of de Fuca.
. On the following morning (30th) the expedition weighed anchor, with a favourable wind, and the same April 30, 1792.
evening anchored off a lcvjv sandy point, to which Captain Vancouver gave the name of New Dungeness.
On the 2nd May the expedition quitted New Dungeness, and subsequently anchored in 34 fathoms
water, about a quarter of a mile from the shore, in a harbour, to which was given the name of Port
Discovery, after the vessel commanded by Captain Vancouver.
During the stay of the expedition at Port Discovery, namely, until the 18th May, boat expeditions
were sent to explore the western shore of the Straits.
On the 18th May the ships quitted Port Discovery and entered Admiralty Inlet, and on the 19th
they anchored off Eestoration Point, the name given to an anchorage discovered therein.
During the period of the stay of the vessels at Eestoration Point several boating expeditions were
dispatched to explore the shores in P.uget Sound and Admiralty Inlet.
On the 30th May Captain Vancouver quitted Eestoration Point and directed his course to the
opening under examination by Mr. Broughton, who commanded the | Chatham/' the entrance to which
lies from Eestoration Point N. 20 E„ 5 leagues distant, and there anchored for the night.
On the 31st May he again weighed anchor, and on the 2nd June Captain Vancouver anchored his
vessels, in 50 fathoms water, in a branch of the Admiralty Inlet, which he called Possession Sound,
distinguishing its western arm by the name of Port Gardner, and its smaller or eastern one by that of
Port Susan.
] On the 5th June the expedition quitted Possession Sound and anchored the same night about half
a mile from the western shore of Admiralty Inlet.
On the 6th June the vessels worked out of the inlet, and reached its entrance at a point to which
Captain Vancouver gave the name of Point Partridge,and proceeding- northward, after advancing a few
miles along the eastern shore of the Gulf, the expedition was obliged to anchor in 20 fathoms water,
finding no effect from the ebb or flood tides, and the wind being light from the northward.
" In this situation," Captain Vancouver stated, I New Dungeness bore by compass S. 54 W.; the
east point of Protection Island, S. 15 W.; the west point of Admiralty Inlet, which, after my much
esteemed friend Captain George Wilson, of the navy, I distinguished by the name of Point Wilson, S? 35 E,
situated in latitude 48° 10', longitude 237° 31'; the nearest shore east, 2 leagues distant, a low sandy
island, forming at its west end a low cliff, above which some dwarf trees are produced from N. 26 W.
[105] E
May 2, 1792,
page 227.
May 18, 1792,
page 258.
May 19, 1792.
May 3Q, 1792,
page 279.
May 81, 1792
page 280.
June 2, 1792,
page 283.
June 5, 1792,
page 290.
June 6, 1792,
page 291.
Description by
Captain Vancoufer,
of the passage
through the
r.lwnnel, now called
Rosario Strait, to £H
m
Appendix..
Birch Bay, in His
Majesty's ships
" Discovery | and
I Chatham/'
Page 291.
June 7, 1792.
June 7, 1792,
page 293.
June 8, 1792.
June 11, 1792:
page 296.
IE
22
to N". 40 W., and the proposed station for the vessels during the examination of the continental shore
by the boats, which, from Mr. Broughton, who had visited it, obtained the name of Strawberry Bay,
N". 11 W., at the distance of about 6 leagues, situated in a region apparently much broken and divided
by water. Here we remained until 7 in the evening. We then weighed, but with so little wind that
after having drifted to the southward of our former station we were obliged again to anchor until 6 the
next morning, when we made an attempt to proceed, but were soon again compelled to become
stationary near our last situation."
Oh the 7th June Captaiii Vancouver continues, J about 6 in the evening, with a light breeze irom
the S.W., we weighed and stood to the northward; but after having advanced about eleven miles, the
wind became light and obliged us to anchor about 9 that evening, in 37 fathoms of water, hard bottom,
in some places rocky; in this situation we were detained by calms until the afternoon of the following
day. Our observed latitude here was 48° 29', longitude 237° 29'; the country occupying the northern
horizon in all directions, appeared to be excessively broken and insular. Strawberry Bay bore by
compass, K 10 W. about 3 leagues distant; the opening on the continental shore, the first object for
the examination of the detached party, with some small rocky islets before its entrance that appeared
very narrow, bore at the distance of about five miles, S. 37 E.; Point Partridge, S. 21 E.; the low sandy
island, south; the south part of the westernmost shore, which is composed of islands and rocks,
S. 37 W., about two miles distant; the nearest shore was within about a mile; a very dangerous
sunken rock, visible only at low tide, lies off from a low rocky point on this shore, bearing N. 79 W.; and
a very unsafe cluster of small rocks, some constantly, and others visible only near low water, bore
N. 15 W. about two and a half miles distant.
I This country presented a very different aspect from that which we had been accustomed to
behold further south. The shores now before us were composed of steep, rugged rocks, whose surface
varied exceedingly in respect to height, and exhibited little more than the barren rock, which in some
places produced a little herbage of a dull colour, with a few dwarf trees.
| With a tolerably good breeze from the north we v/eighed about 3 in the afternoon, and with a
ilooeL tide turned up into Strawberry Bay, where in about three hours we anchored in 16 fathoms, fine
sandy bottom. This bay is situated on the west side of an island which, producing an abundance of
upright cypress, obtained the name of Cypress Island. The bay is of small extent, and not very deep,
its south point bore by compass S. 40 E.; a small islet, forming nearly the north point of the bay,
round which is a clear good passage west; and the bottom of the bay east, at the distance of about
three quarters of a mile. This situation, though very commodious in respect to the shore, is greatly
exposed to the winds and sea in a S.S.E. direction."
In consequence of the anchorage being much exposed, Captain Vancouver resolved to proceed
with his vessels up the gulf to the north-west in quest of a more commodious situation.
"With.a light breeze from.the S.E., about 4 o'clock the next morning" (11th June), Captain
Vancouver states, | we quitted this station, and passed between the small island and the .north point of
the bay to the north westward, through a cluster of numerous islands, rocks, and rocky islets. On
Mr. Broughton's first visit hither he found a quantity of very excellent strawberries, which gave it the
al, the fruit
secure i ancnorasje, thou
procured.    The island o
name of Strawberry Bay; but on our arrival, the fruit season was passed.    The bay affords good and
eKsmwi   hhrvngh sometimes exposed; yet in fair weather, wood and water may be easily
if Cypress is principally composed of high, rocky mountains, and steep perpendicular cliffs, which in the centre of Strawberry Bay, fall a little back, and the space between the
root of the mountains and
stwardly.    The rise and fall of the* tide was inconsiderable,
came from the east, and it was high water 2h. 37m. after the
the sea side is occupied by low, marshy land, through which are several
runs of most excellent water, that find their way into the bay by oozing through the beach. It is
situated in latitude 48° 36^', longitude 237° 34'. The variation of the compass, by eighteen sets of
azimuths, differing from 18° to 21° taken on board and on shore, since our departure from Admiralty
Inlet gave the mean result of 19° 5' e
though the stream was rapid. The ebb
moon had passed the meridian.
I We proceeded first to the north-eastward, passing the branch of the gulph that had been partly
examined, and then directed our course to the north-westward, along that'which appeared a continuation
of the continental shore, formed by low sandy cliffs, rising from a beach of sand and stones. The
country moderately elevated, stretched a considerable distance from the north-westward round to the
south-eastward, before it ascended to join the range of rugged, snowy mountains. This connected barrier
from the base of Mount Baker, still continued very lofty, and appeared to extend in a direction leading
to the westward of north. The soundings along the shore were regular, from 12 to 25-and 30 fathoms
as we approached, or increased our distance from, the land, which seldom exceeded two miles • the
opposite of the gulph to the south-westward, composed of numerous islands, was at a distance of about
two leagues. As the day advanced, the south-east wind gradually died away, and for some hours we
remained nearly stationary.
11n the evening a light breeze favouring the plan I had in contemplation, we steered for a bay
that presented itself, where about 6 o'clock we anchored in 6 fathoms of water, sandy bottom, half a
mile irom the shore. The points of the bay bore by compass S. 32 W. and K 72 W.; the westernmost
part of that which we considered to be the main land west, about three leagues distant; to the south of
this point appeared the principal direction of the gulph, though a very considerable arm seemed to
branch from it to the north-eastward. As soon^as the ship was secured, I went in a boat to inspect the
shores of the bay, and found, with little trouble, a very convenient situation for our several very
necessary duties oil shore ; of which the business of the observatory was my chief object, as I much
wished for a further trial of the rate of chronometers, now that it was probable that we should remain
at rest a sufficient time to make the requisite observations for that purpose. Mr. Broughton received
my directions to this effect, as also that the vessels should be removed, the next morning, about a mile
further up the bay to the north-east, where they would be more conveniently stationed for our several
operations on shore; and as soon as the business of the observatory should acquire a degree of forward-
JfflPW 23
ness Mr Whidby in the ' Discovery's' cutter, attended by the 'Chatham's' launch, was to proceed to the
examination of that part of the coast, unexplored to the south-eastward; whilst myself in the yawl
accompanied by Mr. Puget m the launch, directed
our researches
up the main inlet of the gulp]
Appendix.
No. IV,
No. IV
A Narrative of the Voyages made by the Spanish Vessels " Sutil" and " Mexicana" in the year 1792, to
explore the Strait of Fuca. (Extracted from the Account of the Voyage published at Madrid in
1802.)
THE two schooners % Sutil" and | Mexicana" quitted Nootka in the night between the 4th and
5th of June, 1792, and the following is an account of the progress of the expedition through the
Strait of Juan de Fuca, translated from the Spanish narrative published at Madrid in 1802:—
El viento cedio luego que salimos del canal
que forma la entrada de Nutka, y siguio calmoso
hasta las once de la manana, que se entablo la
virazon por el O.S.O. Fue refrescando en la
tarde, y nosotros seguiinos con tpda vela, llegando
a andar hasta siete millas por corredera, que es el
mayor andar que advertimos en las goletas. De
las cinco a las siete se fue quedando el viento, y al
anochecer estabamos diez y seis millas al 0. 10°
JST. de la entrada de Nitinat, y cinco millas de un
islotillo que teni^mos por nuestro traves.
Debiamos segun las circunstancias dirigirnos
a adelantar el reconocimiento de la entrada de
Juan de Fuca; por esta razon no nos detuvimos a
examinar los puntos de la costa que teniamos a la
vista, y solo corrimos bases para colocar algunos, y
rectificar la carta que de ella habian levantado los
oficiales y pilotos del Departamento de San Bias,
cuyo por menor hallamos bueno.
Seguimos navegando en la noche con todo vela al
E. 5° S., con viento fresco por el O.S.O., en la con-
fianza de que la claridad de la noche, que aumento
a las diez con la luz de la luna, nos proporcionaba
toda seguridad: a las dos se quedo casi calma el
viento, y amanecimos en estas circunstancias
como media legua al S.E. de la punta E. de
Mtinat, y a la vista de la boca del estrecho 6
entrada de Juan de Fuca.
Hasta las once sigui6 la calma; les corrientes
nos respald&ron para  dentro  del Estrecho como
una legua	
A las once se entabl6 el viento por el S.O., y
nos dirigirnos al E.S.E. par atravesar la boca del
Estrecho	
A las quatro de la tarde avistamos el Puerto de
Nunez G-aona, y poco despues una corbeta eu su
fondeadero, que   conjeturamos  ser la  nombrada
' Princesa," perteneciente al Departamento de San
Bias.    Seguimos la derrota a costear la parte 0.
del puerto, y a poco llego el Teniente de Navio
Don Salvador Fidalgo, Comandante de dicha corbeta, y nos confirmo en la idea de que la costa 0.
del puerto era sucia, como lo indicaba el sargazo :
la dexamos perdiendo  barlovento, y a  costa de
algunos bordos conseguimos anclar a las seis y
media de la tarde muy proximos a la | Princesa."
Aunque el AlfSrez de Navio D. Manuel Quimper
habia reconocido hasta el Puerto de Quadra, y el
Teniente de Navio Don Francisco Eliza hasta el
Canal de nuestra Senora del Eosario en los anos
anteriores, no habian   ex&rninado   las   bocas  de
The wind abated as soon as we left the channel
which forms the inlet of Nootka, and it continued
calm until 11 in the morning, when the sea
breeze set in from W.S.W. It freshened in the
afternoon and we proceeded with all sail, making
as  much  as  7 miles  by the log, which is the
scnooners.
greatest way that we observed in the
From 5 to 7 the wind continued, and at nightfall
* wow 16 miles W. 10° N. from the inlet of
we were
Nitinat, and 5 miles
irom
a small islet which we
had abreast of us.
We were, according to circumstances, to employ
ourselves in advancing the survey of the inlet of
Juan de Fuca; for this reason we did not stop to
examine the points of the coast which we. had in
sight, and only ran bases to place some (of them),
and to rectify the chart of it taken by the officers
and pilots of the Department of San Bias, the
detail of which we found good.
We continued our course in the night with all
sail to E. 5° S., with a fresh wind from W.S.W.,
trusting that the clearness of the night, which was
increased at 10 o'clock by the light of the moon,
would afford us every security; at 2 o'clock the
wind was almost calm, and thus day broke upon
us about, half a league S.E. of the east point of
Nitinat, and in sight of the mouth of the strait or
inlet of Juan de Fuca.
The calm continued until 11 o'clock; the
currents carried us about a league within the
Strait	
At 11 the wind set in from S.W., and we proceeded E.S.E. to cross the mouth of the Strait.
At 4 in the afternoon we sighted the port of
]N"unez Gaona, and soon after a corvette in its
anchorage, which we supposed to be that called
" Princess." belonging to the Depstftjnent of S&ri
Bias. We shaped our course to coast along the
west part of the port, and in a short time Lieutenant Don Salvador Fidalgo, Commander of the
said corvette, came on board, and he confirmed us
in. our opinion that the west coast of the port was
foul, as the kelp indicated; we dropped away from
it, losing the favourable wind and, after some tacks,
succeeded in anchoring $fe half-past 6 p.m., very
close to the " Princess."    ....
Although Sub-Lieutenant Don Manuel Quimper
had surveyed as far as the port of Quadra, and
Lieutenant DonFrancisco Eliza as far as the Channel
of Our Lady of the Rosary, in the preceding years,
they had not examined the mouths of Caamano,
E 2 Appendix.
24
Caamano, de Flon, Seno de Gaston, Canal de
Floridablanca, Bocas del Carmelo y de Mazarredo.
Por las noticias que habian adquirido de los
Inclios, la de Caamano internaba niucho, pero su
fondo no permitia paso sino a las canoas; la de
Flon era de muy poca consequencia. Juzgaban,
con alguna duda, cerrado el Seno de Gaston, y
proponian como el reconocimiento mas interesante
el de la Boca de Floridablanca, que segun se
presentaba en la carta que habian trazado de estos
canales, ofrecia dos entradas formadas por una isla
colocada en su mediania, que despues de nuestro
examen se hallo ser la Peninsula de Cepeda y
Langara. El canal, segun habian comprehendido
1 los Indios, internaba mucho	
Con tales noticias tratamos de internarnos para
acabar de examinar el Seno de Gaston, y proceder
al reconocimiento del Canal de Floridablanca,
dexando los de Caamano y Flon como de menos
entidad, y mas propios para ser reconocidos en el
caso, que creiamos probable, de haber de retroceder.
La direction del Canal de Caamano hacia el Sur,
y la probabilidad de que fuese a salir a la boca de
Ezeta proxima a los 46° 14' de latitud, fue otra de
las consideraciones que tuvimos pyesentes al adoptar
este plan.
A las doce entro el viento floxo por el S. E.; el
tiempo claro nos indicaba que en el canal reynaria
el 0. A las doce y media dimos la vela, y dirigimos
a pasar por el pequeno canal que hay al E. de la
isleta de la boca ; lo que conseguimos con felicidad.
Este canal es muy estrecho por las restingas que
salen de las puntas que lo forman, y asi solo debe
seguirse quando lo exija la necesidad, 6 se vea en
ello una ventaja decidida. A nosotros nos pareci6
que adelantabamos la navegacion, pues pensabamos
seguir la costa sur del Estrecho, por estar llena de
excelentes fondeaderos	
Luego que salimos del canal conocimos que la
derrota que debia hacerse para internar en &L era
acercarsea la costaN.,respecto de que enlaque inten-
tabamos seguir reynaba una perfecta calma. Quando
vimos el oleage que movia el viento fue preciso
echar el bote al agua y armar los remos para salir
a encontrarle	
Luego que salimos al viento fuimos dirigi&u-
donos a la costa del K, navegando al KN.E. y
arribando para el E. al paso que nos ibamos acer-
cando a ella: a las once de la noche nos pusimos
a costearla a distancia de una legua escasa, y
seguimos con el viento al O.N.O., fresco con'un
tiempo claro y hermoso.
Amanecimos cerca de la Punta de Moreno de la
Vega, j orzamos a pasar por entre ella y los islotes
que tiene en su cercania: derrota que indicaba
Tetacus, y que recomendaban mucho los que
habian navegado en este Estrecho. Verificado este
paso abonanzo el viento, y seguimos con ventolinas
del 0. al S. toda la manana	
Nos dirigimos al puerto de Cordoba, donde
Tetacus indicaba debia quedarse, y a que daba el
nombre Chachimutupusas. Tetacus habia dormido
con sosiego toda la noche, no desmintiendo jamas
su franquesa y confianza; daba su trato continuas
pruebas de su facil comprehension; conocia en la
carta la configuration del estrecho e islas descu-
biertas, y nos dixo los nombres que & les daba.
Dbblada la Punta de Moreno de la Vega nos
advirtio hici^semos alii agua que era rica y abun-
dante, porque pasado aquel sitio los manantiales
of Flon, Bay of Gaston, Channel of Floridablanca,
mouths of Carmelo and of Mazarredo. From the
information which they had obtained from the
Indians, that of Caamano went far inland, but its
depth did not allow a passage except to canoes.
That of Flon was of very little importance. They
thought, though with some doubt, that the Bay of
Gaston was closed; and they proposed as the
survey of most interest that of the mouth of
Floridablanca, which, as shown on the chart which
they had drawn of those channels, presented two
inlets' formed by an island situated in its centre,
which, after our examination, was found to be the
peninsula of Cepeda and Langara. The channel,
as they had understood from the Indians, penetrated far	
With such information, we thought of penetrating
inwards to finish the examination of the Bay of
Gaston, and to proceed to the survey of the
Channel of Floridablanca, leaving those of Caamano
and Flon as of less importance, and more fitting to
be surveyed in case of our having to fall back,
which we thought probable. The direction of the
Channel of Caamano towards the south, and the
probability of its issuing at the mouth of Ezeta,
near 46° 14' latitude, was another of the considerations which we had in mind when adopting
this plan.
At 12 o'clock began a slack wind from S.E.
The clear weather indicated that the W. would
prevail in the channel. At half-past 12 we
made sail, and shaped our course to pass by the
little channel which there is to the E. of the
islet in the mouth. This channel is very narrow
on account of the reefs which issue from the
points which form it, and, therefore, it ought only
to be followed in a case of necessity, or if it
appears decidedly advantageous. To us it appeared
that we were advancing the navigation, for we
thought of following the south coast of the Strait,
because it had plenty of excellent anchorages   .    .
As soon as we got out of the channel we found
that the course to be taken to get inwards was to
approach the N. coast, because on that which we
were trying to follow a perfect calm prevailed.
When we saw the waves which were moved by
the wind it was necessary to launch the boat and
ship the oars to go to meet them	
As soon as' we got out into the wind we shaped
our course to the N. coast, navigating to N.N.E.
and bearing for E. as we were getting near to it.
At 11 at night we began to coast along it at the
distance of a short league, and we went on with
the wind fresh from W.N.W., the weather calm
and fine.
Day broke upon us near the Point of Moreno de
la Vega, and we luffed to pass between it and the
islands in its vicinity—a route pointed out by
Tetacus, and much recommended by those who
had navigated in this Strait. This passage having
been made, the wind went down and we proceeded
with light breezes from W. to S. all the morning.
We steered for the port of Cordova, where
Tetacus said he was to stay, and to which he gave
the name of Chachimutupusas. Tetacus had slept
quietly all night, never belying his frankness and
confidence; his behaviour gave continual proofs of
his easy comprehension; he understood on the
chart the configuration of the strait and the islands
discovered, and he told us the names which he
gave them. When the Point of Moreno de la
Vega was doubled he advised us to take water
there, as it was excellent and abundant, but after 25
eran escasos y el agua de mal sabor. Comia con
aseo de quanto le daban, imitando en todo nuestras
acciones, que observaba siempre cuidadosamente.
Se acordaba de los nombres de todos los capitanes
In^leses y Espanoles que han visitado la costa de
tierra-firme y archipi&Lagos de Claucuad y Nutka,
y aun nos dio noticia de que habia dos embarca-
ciones grandes dentro del Estrecho.
Quando nos hailabamos cerca de la rada de Eliza
se acercaron a bordo de la | Mexicana " tres canoas
con quatro 6 cinco Indios cada una, pero sin querer
atracar al costado	
A las once de la manana conseguimos tomar el
puerto de Cordoba, y ariclamos en seis brazas de
agua, suelo arena en la parte del S. del fondea-
dero . . . . Se despidio Tetacus de nosotros
con la mayor cordialidad, y se fue a tierra	
Por la tarde estuvimos en tierra visitando las
rancherias de Tetacus, donde habia como cincuenta
Indios .... Tetacus mostraba la mayor
amistad a sus huespedes . . . . y nos retira-
mos a bordo muy satisfechos. Por la noche hubo
suma quietud en el puerto, y nosostros tuvimos la
vigilancia que pedia el evitar   una  ocasion  de
desgracia	
El puerto de Cordoba es hermoso	
En este puerto fue donde la goleta " Saturnina" tuvo
que canonear las canoas de los habitantes para
defender la lancha del paquebot San Carlos, que
venia en su conserva, y de la que obstinadamente
querian apoderarse.
Como el tiempo nos habia favorecido para que
determinasemos en el dia la latitud y longitud
del puerto, nos levamos a las tres de la madrugada
con la marea saiiente. Desde las ocho de la
manana empezamos a gozar de la virazon,* que
entro bonancible por el S.S.O. Nos dirigimos a la
mediania del canal para tener el viento en toda su
fuerza y buscar las Islas de Bonilla, que son una
buena marca para la derrota. Pasamos algunos
escarceos muy fuertes de las corrientes, y avistadas
las islas nos dirigimos a ellas, dexandolas por
estribor. A las cinco de la tarde, que empezo 1
quedarse el viento, atracamos la punta S.E. de la
Isla de San Juan para dar fondo a la parte E. de
ella, lo que conseguimos a las nueve de la noche.
El objeto principal de tomar este ancladero era.
para observer en 61 una emersion del primer satelite
de Jupiter	
Al fondear estaba la marea parada; se ex&mino
su fuerza, y nunca paso de una milla y media por
hora en direction al S.S.E. hasta las tres y media,
y a esta hora cambio para adentro. Subio el agua
de ocho a nueve pies.
A las siete de la manana se dexo sentir  una
ventolina por el  S.S.E.; con ella dimos la vela
para aprovechar lo restante de la marea favorable ;
el cielo estaba nublado, y el horizonte apenas era
de una milla.    Cenimos el viento para atravesar
a la costa del E, no solo para seguirla y no perder
la boca del Canal de Giiemes, que va por entre la
isla de este nombre y la costa, sino tambien para
montar los islotes que hay a la mediania del canal
en que estabamos, y sobre los que nos respaldaba
la corriente con rapidez.    A proportion que fuimos
sahendo a la mediania fue tesando y alargandose
la ventolina: arribamos al paso que nos acercabamos
a la costa del E., y costeamos las dos Islas Morros
con el auxllio de la virazon que apunto por el S.
desde las ocho de la manana despejando el cielo.
Llegamos a la punta S.O. del Canal de Guemes, y
entramos en (t\ navegando al principio a medio
passing that place the springs were scanty and the
water of bad taste. He ate what, was given to
him with decency, imitating our actions, which he
always carefully observed, in all things. He
remembered the names of all the English and
Spanish captains who had visited the coast of the
mainland and the archipelagos of Claucuad and
Nootka,,and he also informed us that there were
two large vessels within the Strait.
When we were near the roadstead of Eliza three
canoes approached the | Mexicana," with four or
five Indians in each, but without wanting to come
alongside	
At 11 in the morning we succeeded in making
the port of Cordova, and we anchored in six
fathoms of water, sandy bottom, in the southern
part of the anchorage Tetacus took
leave of us with the greatest cordiality, and went
ashore.    ....
In the afternoon we landed and visited the huts
of TetaCUs, where there were about fifty Indians.
. . . . Tetacus was exceedingly friendly to
his guests .... and we returned on board
very well satisfied. At night it was perfectly
quiet in the port, and we exercised such vigilance
as was necessary to prevent any chance of ^mis-
adventure    ....
The port of Cordova is~beautiful	
It was in this port that the schooner | Saturnina |
had to fire upon the canoes of the inhabitants to
defend the launch of the packet-boat "San Carlos,"
which came in her company, and of which they
obstinately endeavoured to get possession.
As the weather had been so favourable as
to enable us to determine, the latitude and longitude of the port in the day time, we weighed
at 3 in the morning with the tide going out. From
8 in the morning we began to enjoy the breeze
which sprung up lightly from S.S.W. We steered
for the middle of the channel to have the wind in
all its force, and to seek the Islands of Bonilla,
which are a good mark for the course. We passed
some very strong races, and, having* sighted
the islands, we made for them and left them on
the starboard hand. At 5 in the afternoon, when
the wind began to fail, we neared the S.E. point
of the Island of San Juan, in 'order to cast anchor
at its eastern part, which we effected at 9 at night.
The principal object of taking this anchorage was
to observe there an emersion of the chief satellite
of Jupiter	
On anchoring, the tide was at the slack; its
force was examined, and it never exceeded a mile
and a-half an hour in the direction of S.S.E., until
half-past 3, when it changed for the direction
inwards.    The water rose from 8 to 9 feet.
At 7 in the morning a breeze was felt from
S.S.E; with it we set sail to avail ourselves
of tlie remainder of the favourable tide; the sky
was cloudy, and the horizon scarcely a mile. We
hugged the wind to cross to the east coast, not only
in order to follow it and not to lose the mouth of
the chamiel of Guemes, which runs between the
island of that name and the coast, but also to
double the islets which are in the middle of the
channel in which we were, and upon which the
current was driving us with rapidity. In proportion
as we were getting into mid-channel the breeze
freshened and veered aft; we bore away whilst we
neared the eastern coast, and we coasted along the
two Morros Islands with the aid of the breeze
which was direct S. from 8 in the morning and
cleared the sky. We reached the S.W. point of
the channel of Guemes, and we entered it, navi-
AppendiA
.y
i 26
Appendix
freu para libertarnos de la calma de la costa; pero
ya dentro tom6 el viento su direccion, y nos
acercamos a la del Sur para libertarnos de la
fuerza de la corriente contraria, que sempre con-
trarestamos con mucha ventaja, pues aunque el
viento estaba floxo andabamos tres millas y media
por hora. La navegacion era muy agradable por
lo frondoso de la costas. En la del N., que a la
entrada es de playa, vimos una rancheria proxima
a la punta N.O., que examinada con el anteojo se
hallo coiioistir en dos casas grandes; varios Indios
corner >n a la playa, se embarcaron en una canoa,
y se dirigi6ron a las goletas, dandoles caza con
tanto acierto como pudiera hacerlo el mas experto
marino .... Entre tanto seguimos la costa
del Sur del canal por cinco brazas de agjia fondo
arena hasta la punta S.E., y desde esta lo atrave-
samos dirigiendonos a la punto tajada del N.E., de
la que pasamos a muy corta distancia para seguir
la costa de la Isla de Guemes, y por ella y las
I Tres Hermanas " dirigirnos al Seno de Gaston.
Luego que doblamos la punta N.E. quedamos
en calma, y fue necesario acudir a los remos para
verificar el paso, contrarestando algunas ventolinas
escasas del O.S.O. que se oponian; pero luego
que pasamos las islas, llamo el viento al 0. y
cenimos abiertos por babor para montar la Punta
de Solano. El calor incomodaba mucho, pues
aunque el termometro a la sombra estaba en la
graduation templada, expuesto al sol subia hasta
viente y nueve grados y medio, y aun hubiera
subido mas si no hubi^ramos salida a encontrar la
corriente del viento.
A las cinco entablo este por el S.; hicimos rumbo,
y nos internamos en el Seno de Gaston, que aunque
no estaba del todo reconocido costeamos su parte
E. para dirigirnos a su fondo, y ver si tenia en 61
algun. canal. El viento fue refrescando, y favore-
cidos de 61 estabamos al anochecer satisfechos de
que quando mas habria un rio pequeno en su parte
interior. La costa que lo formaba era de tierra
baxa y anegadiza que corria por entre dos lomas, y
a alguna distancia aparentaban canal; el fondo era
de seis a siete brazas piedra, y pensabamos bordear
para echarnos fuera quando caimos en cinco greda
dura, por lo que se prefirio fondear contando como
hasta entonces habiamos visto que el viento se
quedaria en la noche. I i situation era buena
para dexar caer el ancla, y.poder reconocer mas
prolixamente la parte interior de la ensenada en la
manana siguiente. Aferramos todo aparejo, avis6
el timonel de la "Sutil" de quatro.brazas de fondo,
y se dex6 caer el ancla; pero despues de arriar
treinta brazas de cable, se hallo la goleta en dos y
media de agua.
Inmediatamente mando el Comandante sondar
por la popa y las aletas ; a dos cables de distancia
si hallaron dos brazas, y se conoci6 que el ancla
habia caido en tres. Esta equivocation del timonel
nos puso en muy mala situation. Se paso la noche
con cuidado, y durante toda ella vacio el agua, de
suerte que al amanecer estabamos en una braza y
media. Habiamos visto claridades al S.E. de la
montana del Carmelo, y aun a veces algunas llama-
radas, seiiales que no dexaron duda que hay vol-
canos con fuertes erupciones en aquellas cercanias.
La Mexicana habia fondeado como dos cables mas
al 0., y en media braza menos de agua; el viento,
que habia soplado en la noche bastante fresco por
el S.S.E., habia levantado algun marejada, con lo
que empezo a tocar de popa. Dio una espia
inmediatemante con su lancha, y sobre ella trato de
dar la vela sin larger el cabo hasta estar en viento.
gating at first in mid-channel to avoid the calm of
the coast; but when within, the wind took its
direction, and we neared that of the S. to avoid
the force of the contrary current, which we always
resisted with great  advantage, for although the
wind was slack we went three miles and a-half an
hour.    The navigation was very pleasant from the
woodiness of the coasts.    On that of the N., which
at the entrance is a beach, we saw a station near
the N.W. point, which on being examined with a
telescope was seen to consist of two large houses;
several Indians ran to the beach, embarked in a
canoe  and made for the schooners, giving them
chase with as much skill as the most expert seaman.
Meanwhile we followed the south coast
of the channel in five fathoms  of water, sandy
bottom, to the S.E. point, and from that we crossed
it towards the N.E. point, from which we passed
at a very short distance to follow the coast of the
Island of Guemes, and by that  and the "Three
Sisters " to make for the Bay of Gaston.
As soon as we doubled the N.E. point we were
becalmed, and it was necessary to resort to the oars
to make the passage, resisting some scanty breezes
from W.S.W. which opposed us; but as soon as we
passed the islands, the wind veered to the W. and
we hauled free to port to double the Point of
Solano. The heat was very distressing, for, although
the thermometer in the shade was at the temperate
degree, when exposed to the sun it rose to 29J
degrees, and would even have risen higher if we
had not gone out to meet the current of the wind. .
At 5 o'clock the wind settled from the S.; we
made our course, and we went into the Bay of
Gaston. Although it was not at all'Surveyed we
coasted along its eastern part, in order to make for
its extremity, and to see if there was any channel
in it. The wind still freshened, and favoured
thereby, we were by night-fall satisfied that it
could have at most but a small river in its inner
part. The coast which formed it was of low
inundated land, which ran between two hillocks,
and at some distance they appeared to be a channel.
The depth was from 6 to 7 fathoms, stony, and we
were about to tack to get out when we fell into 5
fathoms hard chalk, wherefore it was thought best
to anchor, reckoning, as we had found until then,
that the wind would continue in the night. The
situation was favourable for casting anchor, and for
examining more carefully the inner part of the
inlet on the following morning. We made all
fast, the steersman of the "Sutil" notified 4
fathoms depth, and the anchor was dropped, but
after paying out 30 fathoms of cable, the schooner
was found to be in 2 and a-half fathoms of water.
The Commander immediately ordered sounding^ at the stern and the quarters; at two
cables distance two fathoms were found, and it
was ascertained that the anchor had fallen in three.
This mistake of the steersman placed us in a very-
awkward situation. The night was passed with
anxiety, and during the whole of it the water
decreased, so that at daybreak we were in a fathom
and-a-half. We had seen illuminations to the
S.E. of the mountain of Carmelo, and even some
flashes at times, indications which left no doubt
that there are volcanoes with strong eruptions- in
those parts. The "Mexicana" had "anchored
about two cables more to the W., and in half a
fathom less water; the wind which had blown
pretty freshly in the night from S.S.E., had raised
a swell, with which it began to touch at the
stern.    She immediately gave out a warp with her
*pp*p
■BMO0 U
27
Entre tanto la " Sutil" se Uarno a pique del ancla,
y se hallo en dos brazas de agua; se estaba
metiendo el bote para dar la vela quando
avertimos que la " Mexicana 'J habia varado,
por lo que se volvio a echar fuera, y se le envio
para auxiliarla. Habia tenedo aquella goleta la
deso-racia de venirsele el anclote, que habia dado
con la espia, y se hallaba muy expuesta a dar
un bandazo, siendo preciso a la gente hacer
palanca con los remps para evitar este desastre.
A la " Sutil" tambien se le vino el ancla en el
instante de dar la vela, y por pronto que se acudio
con el aparejo, var6 eh seis pies escasos de agua;
pero tomadas las debidas procidentias, al cabo de
una hora s&li6ron las dos a flote.
Inmediatamente se « procedio a disponer los
buques para dar la vela y continuar la navegacion,
y a las ocho y media de la manana ya estaban
bordeando con el •viento fresco del S. S. E. para
echarse fuera del Seno de Gaston, sin experimental^
que hiciesen agua alguna, aunque habian dado
muchos golpes en el fondo.
Despues de varios bordos montaron las puntas
S. y 0. del Seno- de Gaston a las quatro de
la tarde, y entraron por el Canal de Pacheco;
sigui6ron por medio freu, cediendo algo el
viento, y tomando la direction del mismo canal,
luego que entraron en 61. Despues de salir
del canal, en la Ensenada de Lara, vimos dos
embarcaciones menores, la una con aparejo de
mistico, y la otra con vela redonda, que seguian la
costa hacia el N. No dudamos que pertenecerian
I los dos buques Ingleses que estaban en el
Estrecho, segun las noticias de nuestro amigo
Tetacus. Seguimos sin variar de rumbo, pensando
navegar toda la noche con poca vela, y amanecer
sobre la Punta de San Eafael para estar al prin-
cipio del dia en la boca de Floridablanca, 6
internarnos en ella a verificar desde luego su
reconocimiento que, como se ha dieho, teniamos
motivo para creer fuese muy interesante. Atrave-
samos de diez a doce de la noche la Ensenada
del Garzon, viendo luces dentro de ella, que nos
indicaron que los buques a que pertenecian las
embarcaciones menores estaban en aquel fondeadero.
El viento, que velo fresco toda la noche, hizo
cumpli^ramos la distancia hasta cerca de la Punta
de San Eafael a la una de ella. Cenimos con las
gavias arriadas de la vuelta de fuera, y a las dos de
la manana viramos de la de dentro, sondando a poco
tiempo en siete brazas de fondo; volvimos a tomar
la vuelta de  fuera, y continuo disminuyendo  el
fondo hasta
cinco brazas arena.
tin esta situacion
parecio oportuno dexar caer el ancla por no
empeharse de noche en buscar la salida, ni ser
prudente el continuar hacia la boca sin tener de
ella mas seguro coiiocimiento.
Fondeamos, y con las primeras luces del dia
vimos que estabamos a medio canal, en la enfila-
cion de Punta de San Eafael con la piiiila E. de la
Peninsula de Cepeda.
launch, and upon that set about hoisting sail without loosing the rope until meeting the wind.
Meanwhile the " Sutil" was shortening in her
cable, and was found to be in two fathoms water;
we were hoisting in the boat in order to set sail,
when we noticed that the "Mexicana" had
grounded; it was therefore got out again and sent
to her assistance. That schooner had had the
misfortune to drag home the stream anchor, which
she had cast with the warp, and was in great
danger of going over, so that it was necessary for
the men to prop her with the oars to prevent such
a disaster. The " Sutil" also dragged home her
anchor at the moment of setting sail, and quickly
as the tackle was resorted to she grounded in a
scanty six feet of water; but all due means having
been applied, at the end of an hour both vessels
were afloat.
Preparations were immediately made for the
vessels to set sail and continue the navigation '
and at half-past 8 in the morning they were
tacking with a fresh S.S.E. wind to get out of
the Bay of Gaston, and it was not found that they
made any water, although they had frequently
struck the bottom.
After various tacks they doubled the S. and W.
points of the Bay of Gaston at 4 in the afternoon,
and made for the Channel of Pacheco ; they proceeded by mid-channel, the wind somewhat abating,
and taking the direction of the channel itself as
soon as they entered it. Aftelr leaving the channel,
in the Creek of Lara, we saw two smaller boats,
one with sliding sail rigging, the other with square
sail, which were following the coast towards the
N. We had no doubt that they belonged to the
two English vessels which were in the Strait,
according to the information of our friend Tetacus.
We went on without  changing course, thinking
o     o o
to navigate all night with little sail, and to be off
the Point of San Eafael at daybreak, so as to get
to the mouth of Floridablanca early in the morning,
to go within and to make the survey at once,
which, as has been said, we had reason to believe
would be very interesting. From 10 to 12 at
night we crossed the Creek del Garzon, and saw
lights within it which indicated that the vessels to
which the smaller boats belonged were in that
anchorage.
The wind, which kept fresh all night, enabled us
to make the distance to near the Point of San
Eafael by 1 o'clock. We stood outward with reefed
topsails; and at 2 in the morning we veered inward,
sounding soon in seven fathoms deep; we again
stood outward, and the depth continued decreasing
to five fathoms sand. In this situation it appeared
fitting to cast anchor, so as not to run any risk in
seeking the outlet at night; and as it Was not
prudent to continue near the mouth without
having more certain knowledge of it.
We anchored, and with the first light of day we
saw that we were in mid-channel, in a line with
the Point of San Eafael, and the East point of the
Peninsula of Cepeda.
Appendix. 28
Appendix.
Belacion del Viage hecho por las Goletas " Sutil" y
" Mexicana" en el Alio de 1792, &c.
LA noticia confusa'del reconocimiento hecho en
1592 por el piloto Griego Juan de Fuca del Canal
de su nombre, era la unica que teniamos hasta el
ano de 1789. Hallandose en Nutka #el Alf6rez de
Navio Don Est6ban Martinez, despues cle haber
tornado posesion de este puerto en nombre de Su
Magestad, recordo que en 1774, de vuelta de su
expedition al Norte, le habia parecido ver una
entrada muy aneha por los 48° [ 20' de latitud.
Creyendo que pudiese ser la de Fuca, comisiono un
segundo piloto mandando la goleta "Gertrudis" para
que se cerciorase de si existia 6 no dicha entrada;
en efecto el piloto volvio, diciendo la habia hallado
de veinte y una millas de ancho, y cuya mediania
estaba en 48° 30' de latitud, y 19° 28' al 0. de San
Bias.
Pasadas estas noticias a la superioridad, tuvo
orden el Teniente de Navio Don Francisco Eliza
en el ano de 1790 para hacer practicar un reconocimiento prolixo de esta entrada, Destino a esta
fin al Alf6rez de la misma clase Don Manuel
Quimper, mandando la balandra la "Princesa
Eeal." Este oficial se hi