The Sun.
London, England, 1859-09-27 00:00:00

THE SUN, LONDON, TUESDAY EVENING, SEPTEMBER 27, 1859.

BRITISH COLUMBLI.

(Font the Correspondent of the Times.)
Victoria, Vancouver's Island, Aug. 6.
I have on the present occasion to perform the
unpleasant duty of communicating bad news. The
federal forces of America have invaded British ter-
ritory by taking military possession of a depen-
dency of Vancouver's Island in this neighbourhood
on a pretext which I shall presently Steteti and if
the conduct of our local Government and of the
officers commanding our forces had been as busty
as that of the Americans has been audacious and
discourteous, the flames of war between the two
countries would now be in full blaze.
In order to render the case intelligible I am cont.
pelted, reluctantly enough, to trespass on your
space and on the patience of your readers so far as
will be necessary to give a cursory detail of the cir-
cumstances which led to this most extraordinary
proceeding on the part of a country with which we
believed we were at peace and on terms of the
closest amity.
You know better than I can inform you that
" boundary" questions have been open between
G; cat Britain and America ever since the Treaty
of Ghent. I shall therefore limit myself to remark
that the only dispute, I believe and hope, now un-
settled is the line which separates our two colonies
on the Paciii,:--that is, our new colony of British
Columbia on the continent of North America, and
our old colony of Vancouver's Island and its de-
pendencies in the Straits of San Juan de Fuca and
the Gulf of Georgia from the American territory on
,the south of ours.
The line of boundary between the two nations
from the Rocky Mountains to the Pacida Ocean is
the 49th parallel of north latitude.
A portion of-the-lan i boundary has been already
run in British Columbia, and the rest of it is at the
present moment being determined by astronomical
observations carried on jointly and amicably by offi-
cers of Great Britain and America, under commis-
sioners mutually appointed by both Governments for
the purpose. For this reason, and because this part
of the subject must be elucidated shortly in Blue
Books, I will merely add that if the laudable labours
of the commission to effect a peaceable adjustment
are interrupted the blame cannot be imputed to
the Government of England, which, the world
should know, has-used every effort and provided all
the necessary means to effect a friendly settlement.
Can as much be asserted on behalf of the Govera-
ment of the United States ? Time will sliow.
The following statement of facts will, I trust,
place the whole question in a clear light :
The boundary was established in 1846 by a treaty
negotiated by Mr. Pakenham, the English ambas-
sador at Washington, and Mr. Buchanan, then
Secretary. of State, now President of the United
States. -The gist of the question is in the first
evade, which establishes the line. These are the

words :
" From the point on the 49th parallel of north
latitude, where the boundary laid down in existing
treaties and conventions between the United States
and Great Britain terminates, the line of boundary
between the territories of the United States and
those of her Britannic Majesty shall be continued
westward along the said 49th parallel of north
latitude to the middle of the channel which sepa-
rates 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
49th parallel of north latitude remain free and open
to both parties."
The task of running. the land portion of the
boundary here laid down is, as I have just men-
tioned, being performed. Its course can be clearly
ascertained, and, fortunately, can be kept free from
the wiles and meshes of diplomacy; but by the
requirements of the Treaty, after reaching " the
middle of the channel which separates the conti-
nent from Vancouver's Island," the boundary de-
viates from the line of the 49th parallel, and is to
follow "thence," not a " westward " course as
hitherto, but a " southerly" one, " through the
middle of the said channel, and of Fuca's Straits to
the Pacific Ocean."
This small portion of the course of the boundary
—viz., from the middle of the channel (Gulf of
Georgia) to the Pacific, has produced voluminous
discussions, and is now, unfortunately, creating
much bad feeling and real danger.
Two commissioners (both of whom are here at
present) were appointed about three years ago by
both Governments specially to settle this water
boundary, but they differed as to the course of the
line, and no settlement has resulted from their
labours.
To any intelligent mind, unwarped by prejudice,
the running of this portion would seem to present
really as little difficulty as the determining of the
land portion dces.
Knowing the locality pretty well, and having
endeavoured to make myself acquainted with the
merits of the question on the spot, I will venture to
give my view of it.
If you look at a map you will see that the 49th
parallel strikes the shore of the continent at a point
between Point' Roberts and the mouth of Fraser
River, cutting off about two miles of Point Roberts.
The position of the parallel at this point is an ascer-
tained fact, due to the labours of the Land Boundary
Commission. Follow the line of the parallel from
this point on the shore "to the middle of the
channel which separates the continent from Van-
couver's Island." This " channel" is the Gulf of
Georgia. On reaching the middle of it diverge and
shape your course (" thence") "southerly through
the middle of the said channel," and you will inevi-
tably be carried along it through Vancouver Strait
or Rosario Strait into "Fuca's Straits," on your
way to the Pacific Ocean, and you arrive at this
destination by following the course chalked out by
the very words of the Treaty.
The southerly portion of the Gulf of Georgia
where it falls into the Straits of Fuca was named
Vancouver Strait since that navigator's time, until
of late years it has been called Rosario Strait. If
the boundary line can be agreed upon as far as
" Fuca's Straits," it may be considered settled, for
I have never heard the portion of it which traverses
them contested.
The line which I have traced is our interpreta-
tion of the Treaty, and I may for distinction's sake
call it the English water boundary line.
I will now give the American interpretation of
the Treaty, and trace their water boundary line as
well as I can :
The United States claim to be entitled to carry
the line of the boundary from the Gulf of Georgia
to Fuca's Straits through the middle —not of this
gulf and the Vancouver (or Rosario) Strait, as we
maintain is the true boundary—but through the
middle of the Canal de Haro, which runs close to the
shores of Vancouver's-Island and joins Fuca's Straits
still nearer to Vancouver's Island, and several miles
to the westword of Vancouver Strait.
Let us examine their grounds for claiming this
more westerly line.
They have not agreed with us upon a starting
point, for reasons which will presently appear ; but,
as the starting point is by the Treaty placed in the
middle of the sheet of water which flows between
the mainland and Vancouver's Island, I will sup-
pose that they make their deviation from the 49th
degree of north latitude at the same point in " the
middle of the cbaanel which separates the conti-
nent from Vancouver's Island" as I started from in
tracing the English line, and that they would keep
a " southerly course" through " the middle of the
said channel" for some distance down the same.
This they could do, find sail along Saturna Island
as far as Point Stuart ; but here they would take a
westerly course, turn Point Stuart, which is a
promontory on the east side of Saturna Island, and
on rounding this island through Cadboro Passage
they would get into the Canal de Haro, which they
allege to be the channel of navigation intended by
the treaty for running the line of demarcation along
the middle of.
It will be seen, however, at a glance that by fol-
lowing these courses this line would depart from the
treaty in its essential requirement ; the " southerly"
course insisted on by Great Britain would not be
kept, and, not only the " middle of," hut " the
channel" itself would be entirely abandoned by
rounding Point Stuart for another channel—that of
Cadboro Passage, which must be traversed to get
into the Canal de Haro, and even on getting into
the latter the line would incline more eastwardly
than southerly.
Another and the most positive form in which
the United States' claim is understood to be put is
the following :
I repeat that they claim the centre of the Canal
de Haro, and they do so as being the channel of
navigation now used. How they arrive at it from
the 49th degree parallel I do not rightly under-
stand. In fact, the starting point in the middle
of the channel which separates the continent of
North America from Vancouver's Island has not
yet been determined. It is insisted by the United
States that neither the Gulf of Georgia, nor any
usual, much less the most usual channel of naviga-
tion is to be understood as the one in which the
point of deviation (" southerly") from the 49th de-

oTee should be fixed, but an innermost channel,
that between Vancouver's Island proper and an un-
imed islet which happens to lie under the 49th
parallel, and which, by placing the point of devia-
tion in the middle of this innermost channel, would
b:ing the boundary within a mile or two of ;he
coast of Vancouver's Island.
There are, in fact, two small islands just off the
coast of Vancouver's Island, in the Gulf of Georgia.
under the parallel of 49 degree, and the United
States construe the spaces between them as so
many Phammlo, Ulu making three channels be-
tween the continent and Vancouver's Island, the

iontgrneSt of which they claim as the channel of
navigation mentioned in the Treaty.,
• How they propose to proceed from a starting
poiot in this Bluer channel so as to arrive at the
Canal de Hare without fiewirting from the (( south-
erly" course enjoined by the Treaty I again repeat
I cannot understood, fur no line can be drawn from
any portion of the water (pail It the channel, the
three channels, or the gulf) under the 49 degree
parallel to the OHIO de 1149 Which does not at
some part of its course cease to run" southerly."
In short, they cannot get into the Canal de Haro
withopt materially deviating from the course
chalked in the Ttieaty, whether they take our
starting point or select another.
Great Britain acquiesces in the sense attributed
by the United States to the term " channel"—viz.,that i$ the channel" of the TIT 47 must Rim the
channel of navigation, there being, as I have just
explained, physically speaking, three channels or
passages of water—two very narrow ones near the
shorss Vtgisgnver't; Island. n the main oto
spreading over to the shore of ihe continent, crossed
by the 49th degree parallel between the mainland
and Vancouver's Island proper.
But ifii:eat 4 ritqt thatthattile channel of ntlyi-
gation must be taken to rnean, not the navigation of
the present time, when steam and explorers have
shown so many to exist which were nor known at
the date of the Tronty,bilt the channel- which illeoti
was known and used for navigation in 14iQ and
before—viz„ the ehanool which I have already
sketched, terminating in the gitraiti, of Fuca, by
Vancouver, or Rosario, Strait. This was then the
only channel of navigation, and is still well known
to he the best channel for nailing
The Haro channel was, indeed, known and laid
down in charts published before 1846. Haro had
apparently sailed through it, or through so much of
it as enabled him to asPeTt4in the fact that the

Haro Archipelago was detached from Van cover's
Island ; but since Vancouver discovered tho ofoteriy

route (Vancouver, or Rosario Strait) in 1790-91
probably no navigator had ever used Haro's route
until the Hudson's Bay Company's people, with
their small steamer the Beaver, explored a shorter

route to Nanaimo—one of their establishmentil on
the Gulf of Georgia.
So far as to the respective lines claimed by the

wo nations.

Between the easterly channel, or Rosario Strait,
and the westerly one, the Canal de Haro, lies the
Archipelago de Haro, consisting of a cluster of
islands, the largest of which are called Orcas,
Lopez, and San Juan, the sovereignty to which

Forms a contention between Great Britain and

America. If the line of demarcation be determined
to run into Fuca's Straits, through the Rosario
Strait, we get the islands ; if through the Canal de
Haro, they fall to America.
The only one of the islands which is of any value
is San Juan, which lies in Fuca's Straits, near to

Vancouver's Island, one portion of it coming within

five or six miles of our shores.

After this island had been in the possession of
the Hudson's Bay Company for some time, which
it was before they received the grant of Vancou-
ver's Wand, and its dependencies, the Americans

, -
claimed it. Fearing apprehensions from collision

between American -citizens and British subjects,
the President of the United States instructed the

Governor of Washington Territory on the 14th of
July, MIS, "that the officers of the territory

. -
should abstain from all acts on the disputed
grounds which are calculated to provoke any con-
flicts." The President adds, in his official eommuni-

cation, "The title ought to be settled before
either party should exclude the other by force,"
&c., and concludes, " by a conciliatory and moderate

course on both sides it is sincerely loped that all
difficulties will be avoided until an adjustment
of the boundary line can be made in a manner
mutually satisfactory. The Government of the
United States will do what it can to have the line

established at an early period." Three days after
the date of this very proper and reasonable instruc-
tion of the President, Mr. Marcy, the Secretary of
State, commuicateo it to Mr. Cralipton, the Eng-
lish Ambassador at Washington, with the expres-
sion of his hope that the British Government " will
be willing to recommend to her Majesty's subjects
a similar course, until the line can bt established."

This proposal was acceded to. The Governor of
Vancouver's Island was furnished with this corre-
spondence, and with instructions in the spirit of the
arrangement proposed by the American Govern-
ment, which he acted up to with complete fidelity.
Nothing worth mentioning happened. The Hud-
son's Bay Company continued in the peaceable en-
joyment of the island, which they have used as a
sheep-farm since 1833, excepting a " raid" upon
their sheep in 1855 by the territorial law officers of
Washington, when they carried away forcibly some
30 head of rams, under a pretended liability for
taxes due to that territory, and some faint attempts
at squatting by solitary Americans, who came and
went, sot up claims for " homesteads," which most
of them abandoned, finding the pursuit unprofit-
able, until last winter some excitement was got up
in Victoria among the loae American population of
this place to induce squatting on San Juan, in an-
ticipation of its becoming American soil. The com-
mission which I have already spoken of had not yet
come to a decision upon the question of the boundary
line which both Governments were, as we supposed,
waiting for before any action could be taken in the
premises.
I should here mention that the Hudson's Bay
Company hold the island merely in trust for the
Crown. They are ready to give up its possession
whenever required • and it would have been as free
and open for settlement as any other part of this
colony, were it not for the dispute as to its owner-
ship, had the English Government so desired. This
explanation is necessary to disabuse the public mind
in England from prejudice. The American press
in this part of the world pretend to treat the ques-
tion of title as one affecting the Hudson's Bay Com-
pany solely.' This is done with a sinister object.
To understand what I am now to relate the pom
panv should bo kept out of view entirely.
Neither our Governor, nor our commissioner for
settling the boundary, nor the public, nor any one
else, heard anything to induce a suspicion that the
status quo 'gas to be disturbed. General Harney,
the Commander-in-Chief of the American forces on

this coast, paid a visit to Victoria the other. day,
was very politely received -by the people who met
him, and entertained by the Governor, with whom
lie passed an evening in a friendly way, but never
dropped a hint about San Juan.
He was then preparing his measures, for on his
return to head quarters he ordered a militaryexpe-
dition to take possession of and to keep the island
as if it were undisputed American territory, instead
of the fact being, as I have explained, that it never
was in any way in possession of that country, but
solely in the possession of Great Britain, and held as
one of the dependencies of Vancouver's Island.
The military party came to the island and lauded
the American troops, in company with, and in the
presence of, the American Boundary Commissioner,
who is supposed to have recommended this summary
mode of cutting the Gordian knot. His presence is
a significant fact, but a most indecent one, This
happened on the 27th of July. A
justice of the
peace appointed by Governor Douglas for the island
called on the officer in command of
the detachment
to ask an explanation. He answered, in effect, that
he was on American soil obeying superior orders.
On the date of his landing he issued an order, esta-
blishing United States' laws and courts, and an-
nouncing that " none other will be recognised or
allowed on the island." He was summoned to ap-
pear before the civil magistrate to show cause why
ho should not remove from the island, but he
naturally enough demurred to the jurisdiction. He
appointed a resident stipendiary magistrate for the
island, and this official appointed two constables,
whom all were required to obey.
The officer declared to a crowd of armed adven-
turers who had come with him and followed him
that it was free to any American citizen to squat
on any part of the island. Notices were posted to
the same effect, and now he is about to extend the
revenue laws of America over the island. On the
3d of August reinforcements of 100 to 160 men
aryived in an American man-ofwar, but they had
nallanded up to yesterday.
What the Governor did you will see from his
message to his Council and to the House of Assem-
bly, which I enclose. He sent the men-of-war,
which were luckily here, over to the island, but
from motives of humanity and of prudence he did
not proceed to extremities, although his force could
have annihilated the forces on the island. And as
lit is imperative to maintain our possession of the

island, so as not to invalidate the Queen's title to

it, and as there was reason to believe that the Ame

rican officer would resist the landing of our men,
and, if a collision took place, reinforcements from
Washingt( n territory and Oregon and California
would be brought forward, which would lead to
very grave consequences, it was thought expedient
to concentrate our forces. I may here mention that
the American captain reports officially that his
orders are to capture an inferior force, to fight an
equal force, and to protest against a superior force.
Altogether, this is one of the most insolent and
higli-handed outrages I ever heard of. Mexico
would not endure such treatment. "What will be
thought of it in England we shall see in good time.
Pursuing f. policy of peace and conciliation, Cap.
tain Prevost, the British Boundary CommisLianer,
after two long cruises, got hold of the American
Commissioner, and besought him to use his good
offices with his countrymen to induce them to with-
draw the troops until the two Home Governments
could be consulted. But he met with such a recep-
tion as he will not soon forgot ; and, if he was not
insulted, what passed was at any rate very gross.
Captain Prevost is a very quiet, gentlemanly man,
and was quite disgusted at the tirade poured upon
him.

I am in so great a hurry that I can only add that
the policy of the Governor is not to force a colli-
sion—not to become the aggressor—to which it
seems to be the wish of the Americans to drive him;
but at the same time to land a body of troops to
protect th• lives and property of British subjects,
and to keep ttWal there (unless the Americans re-
whioh is not at all likely), until he hears from
England. The civil process of the Americans will,
of course, be resisted.

The Ameriegn p«iiy is composed of about 70
soMigre, They have guns, gun-carriages, tents,
mules, stores, sutlers, and all preparations tor
a permanent settlement ; they are landing
materials for erecting 'barracks, and it is believed
that tiNtY i tend to fortify themselves. They
tend their object is to protect themschva against
Indians. This pretence is too AilAsky to be worth
notice. The plan and objeo are these :—They R ill
cover the TAR AViih a squatter population ; they
viii cc, tify; they will then endeavour to bully
England, by pretending that they will not evacu-
ate it unless they awl expelled by foreo of arms ;
and they ‘i calculate that Euglana will not go to
'WM' with Arnerieti far a small iP,land 35 miles long
by 4 to 14 miles broad, in a remote part of the
globes Manchester and cotton, they "reckon," will
save them from this fate, and it will all end in their
keeping the Wad,

1144 Ic clompation" excited the indignation of the
British punlie here to a degree, as you may ima-
gine, View it as one will, it is an act of war, public
or private. But I will refrain from criticising it.
All here feel that the nation has been insulted
most grossly, and rely with confidence on prompt
action by the Home Government for the redress of
the outrage.
To the United States the islands are really use-
less, except for purposes of annoyance, eyesore, and
impediment. They are far removed from their ter-
ritories on the mainland, and their position is in-
tended evidently as a wedge to wrest Vancouver's
Island and British Columbia from England.
To Great Britain the island of San Juan is of the
first importance. It is the key to the Gulf of
Georgia. It commands the narrow channels through
which alone British Columbia and the inner coast
of Vancouver's Island can be approached. We re•
quire it to give us a right of access, ingress, and
egress to our own possessions, unmolested by ano-
ther Power. Both Vancouver's Island and British
Columbia had better he given up if we part with
San Juan; for a fortification on this island would
command our western passage to Frazer River by
the Canal de Hero, while if we are foolish encugh
to submit to the line being run through the Canal
and the Americans, consequently, get the group,
they can also fortill Lopez and other islands and
completely command the eastern passage of Rosario,
and shut us out entirely from our own mainland.
The most strained construction of the treaty will
not give them the line they claim; but it is not the
true construction or meaning of treaties they want
to arrive at. It is possession of our new gold coun-
try, of which they are rabidly jealous.

"THE GOVERNOR'S MESSAGE.

TO THE• LEGISLATIVE COUNCIL AND HOUSE OP ASSEIi-

ELY OF THE COLONY OF VANCOUVER'S ISLAND.

"Government House, Victoria, Aug. 3.
" Gentlemen,—l have to communicate, for your infortha-
tion, the intelligence of the landing of a detachment of
United States troops on the island of San Juan, avowedly
for the purpose of forming a military post and of asserting
the sovereignty of the United States to that island. Having
received no information from any quarter that the United
States ever contemplated taking military possession of any
part of the disputed territory, while the boundary line re-
mained unsettled, I am forced to believe that the late un •
warrantable and discourteous act, so contrary to the usages
of civilized nations, has originated in en or, and been under-
taken without the authority of that ,Government. That
impression is corroborated by a letter from the Hon. W. L.
Marcy, Secretary for the United States, dated Washington,
the 12th of July, 1855, to her Majesty's Minister at Wash-
ington, which contains instructions from the President of
the United States to the Governor ,of Washington Terri-
tory, and displays, in the clearest manner, the conciliatory
and moderate views entertained by his Government on the
subject of the disputed territory. Though the right of
Great Britain to all the islands situated to the westward of
Vancouver or Rosario Straits is, to our minds, clearly estab-
lished by the first article of the treaty of 1846 ; and though
those islands have, since tho foundation of this colony, been
considered as a dependency of Vancouver's Island, it is well
known to you, gentlemen, that, out of respect to the con-
struction that has been put upon that treaty by the Govern-
ment of the United States, we have abstained from exerci-
sing exclusive sovereignty over them. Convinced that any
assumption on either side of exclusive right to the disputed
territory would simply be a fruitless and mischievous waste of
energy,noither d etracting from, nor adding force to the claims
of either nation, wise and considerate policy enjoins upon us
the part of leaving so important a national question for settle-
ment by the proper autloorities,and of avoiding complications
foreign to the views and wishes of, and probably embarrass-
ing to, both Governments. Immediately on being informed
of the landing of the United States' troops at San Juan, her
Majesty's ship Tribune, under the command of Captain
Hornby, was despatched to that quarter, and soon after a
detachment of Royal Engineers and Royal Marine Light
Infantry were ordered from New Westminster, by her Ma-
jesty's ship Plumper, Capt. Richards, and those troops will
be landed at San Juan to protect the lives and property of
British subjects. You will observe, gentlemen, from enclo-
sure No. 1, that the captain in command of the United
States' detachment of troops, in a public notice, dated 27th
of July, assumes the exercise of exclusive sovereign rights
in the island of San Juan, while the President of the United
States altogether disclaims such pretensions, and seeks at
most to continue the joint right of sovereignty and domain
in common with Great Britain. We may presume from
that circumstance that the notice in question was framed in
ignoranpe of the intentions of the United States Govern-
ment, and that the pretensions set forth will not be main-
tained. Entertaining such opinions, I have not failed to
impress on her Majesty's naval officers now stationed at
San Juan, the desire of her Majesty's Government to avoid
every course which may unnecessarily involve the suspen-
sion of the amicable relations subsisting between Great
Britain and the United States; at the same time, those
officers have been instructrd and are prepared to assert the
rights and to maintain the honour and dignity of our
Sovereign and her dominions.
"I have the honour to be, gentlemen,
" Your most obedient servant,
"JAMES DOUGLAS."

"Territory of Washington, county of Whatcom.
"T hereby certify that on the 30th day of July, A.D. 1859,
William Smith and Isaac E. Higgins were duly appointed
and qualified as constables on and for the precinct of San
Juan, county of Whatcom, and territory of Washington.
"All persois are, therefore, in the name of the United
States, commanded to obey their orders as such.
" Given under my hand this Ist day of August, A.D.
1869, and the 84th year of the Independence of the United
States of America. _

HENRY IL CROSBIE, Justice

of the Peace."

" PROTEST.

"By James Douglas, Companion of the Most Hon. Order
of the Bath,"Governor and Commander-in-Chief in and
over the colony of Vancover's Island and its dependen-
cies, 1, ice-Admiral of the same, dce.
"The sovereignty of the island of San Juan and of the
whole of the Harro Archipelago has always been undeviat-
ingly claimed to be in the Crown of Great Britian. There-
fore, I, James Douglas, do hereby formally. and solemnly
protest against the occupation of the said island, or any
part of the said archipelago, by any persons whatsoever,
for or on behalf of any other Powers, hereby protesting and
declaring that the sovereignty. thereof by right now is and
always hath been in her Majesty Queen Victoria and her
predecessors, Kings of Great Britain.
"Given under my hand and seal, at Victoria, Vancouver's
Island, this 2d day of August, in the year of our Lord
18.59, and the 23d of her Majesty's reign.
" JAMES DOUGLAS."

"Military Post, San Juan Island,
W. T., July 27, 1859.
"1. In compliance with orders, and instructions from
thq General Commanding, a Military post will be esta-
blished on this island, on whatever site the commanding
officer may select.
"2. All the inhabitants of the island are requested to
report at once to the Commanding Officer, in case of any
incursion of the Northern Indians,—so that he may take
such steps as he may deem necessary to prevent any future
occurrence of the same.

"3. This being United States territory, no laws, other
than those of the United States, nor courts, except such as
are held by virtue of said laws, will be recognised, or
allowed on this island.

" By order of " Captain PICKETT,
" James W. Forsyth, 2d Lieutenant, 9th Infantry,
Yost Adjutant."

MONDAY, Aug. 8.
On Saturday last the Admiral (Baynes) arrived
in the flag ship Ganges, 84, Capt. Fulford, from