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tion formerly of the Territory of Oregon, now of the Territory of Washington, and the general laws of those Territories, so far as they may be applicable, have thereby been extended over them.

The ownership remains now as it did at the execution of the treaty of June 11, 1846, and can in no wise be affected by the alleged "possession of British subjects.”

The contemporaneous exposition of the treaty, as evinced by the debates in the United States Senate, shows the Canal de Arro to be the boundary line, as understood by the United States at that time, and the doubt of the British Government as to any claim beyond that is plainly manifested by the note of Mr. Cranıpton, the British minister, to Mr. Buchanan, Secretary of State of the United States, dated January 13, 1848. Indeed, on Arrowsmith's map of Vancouver Island and the adjacent coast, published in London, April 11, 1849, the boundary line is laid down as coming through the Canal de Arro.

The map is compiled from the surveys of Vancouver, Kellet, Simpson, and others, and would seem to establish that even as late as some three years subsequent to the treaty the great English navigators and hydrographers, as well as the American Government, considered the Canal de Arro as, in the terms of the treaty, the channel which separates the continent from Vancouver Is'and.

I shall take the earliest opportunity to send a copy of your communication and of this reply to the Secretary of State of the United States, and in the meantime I have to reciprocate most earnestly your hope that nothing may occur to interfere with the harmony and good feeling which should characterize the relations of neighboring States. I have, etc.,

ISAAC I. STEVENS,

Governor Washington Territory. His Excellency J. Douglas, Esq., etc.

FORT VICTORIA, September 28, 1855. SIR: I have the honor of inclosing herewith a statement of the losses incurred by the Hudson Bay Company in consequence of the violent and unlawful intrusion of Sheriff Barnes, with the armed posse of Whatcom County, and the forcible seizure and carrying away from the island of San Juan of certain valuable stock sheep in payment of taxes levied on behalf and in the name of the United States of America.

That unwarrantable act was committed on the 30th day of March last, to the surprise of the British inhabitants, who were threatened with violence and put in danger of their lives by Sheriff Barnes and his followers. Under these alarming circumstances all business was for the time suspended, and the flocks dispersed and driven into the woods for safety, to the serious loss and detriment of the British inhabitants.

In my communication of 7th May last I transmitted with Mr. Griffin's report a copy of a letter which I addressed to the governor of Washington Territory in respect to the outrage committed by Sheriff Barnes on that occasion, and I now herewith forward the answer to that communication for the purpose of establishing the fact, through the avowal of Governor Stephens, that Mr. Barne, is the sheriff of Whatcom County," and that as such he would have been supported by the whole authority of the executive in the act, as Mr. Stevens further declares that "it would become the duty of the governor to sustain him to the full force of the authority vested in him in proceeding to collect taxes, should he be resisted in such an attempt," even on the island of San Juan; and the reason given in defense of such a course on the part of the governor is that " by act of the legislative assembly of the Territory of Washington to organize the county of Whatcom the island of San Juan is included within the bounds of that county.". It appears by that extract of Governor Stevens's letter that he takes for granted that the acts of the legislative assembly of the Territory of Washington confer on the United States a substantial right to that part of the British dominions, and, moreover, that enforcing the payment of taxes levied on behalf of the United States on British subjects there residing is a part of the proper duties of the executive officer of that Government-a principle which I conceive to be false and dangerous in its operations.

The amount of damages claimed from the United States, as you will observe by
Mr. Griffin's statement, is £2,990 138.-a moderate estimate of the losses inflicted,
and much less than a court of law would in such cases award to the sufferers.
I have, etc.,

J. DOUGLAS. W. J. SMITH, Esq., etc.

Statement and valuation of sheep, the property of the Hudson's Bay Company, forci

bly seized and carried off on March 31), 1855, by Ellis Barnes, sheriff of Whatcom County, Wash. T., aided and assisted by the armed posse of said county, in the name and behalf of the United States of America; and of losses resulting from the violent acts of the said Ellis Barnes, in consequence of the flocks being driven into the woods and there destroyed by beasts of prey and through other causes.

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Carried off by Sheriff Barnes and josse of Whatcom County:

12 choice Southdown rams, at £20.
8 Cheviot rams, at £20
6 Leicester rams, at £25.

8 Merino rams, at £25
Number of sheep missing in consequence of the flocks having been driven into the
woods:

156 Southdown ewes, at 33s. 4d
63 Southdown lambs, at 15s......
86 Cheviot ewes, at 33s. 4d
23 Cheviot lambs, at 158..
25 Leicester ewes, at 338. 4d.

56 Merino ewes, at 50s. 60.
Cost of collecting and re-sorting flocks:

Hire of 10 men for 8 days, at 12s. 6d. per diem
Hire of steam vessel Beaver for protection of property under my charge.
Pay of 8 men for 8 days, hired to protect the property in my charge, at 12s. 6d.

per diem...
Incidental losses through derangement and suspension of business in conse-
quence of Sheriff Barnes's violent acts

Total.

260 0 0

47 00 143 6 8 17 5 0 41 13 4 141 8 0

50 0 0 500 00

40 00

1,000 0 0 2, 990 130

CHARLES J. GRIFFIN. SAN JUAN, July 26, 1855.

I hereby certify that this is the signature of Charles John Griffin, and that he is a person worthy of credit.

JAMES DOUGLAS, Governor of Vancouvers Island,

Hudson BAY HOUSE, December 6, 1855. MY LORD: With reference to the deputy governor's letters of the 11th and 24th of July and Mr. Hammond's replies of July 13 and August 2, I have now the honor to inclose a copy of a letter just received from Mr. Douglas, governor of Vancouvers Island, dated Victoria, September 28, 1855, covering an account of the damage caused to the Hudson's Bay Company by the unjus ifiable proceedings of the United States authorities in the isle of San Juan, together with a copy of the further correspondence on the subject between Mr. Isaac Stevens, governor of Washington Territory, and Governor Douglas. I have to beg that your lordship will call

apon the Government of the United States to reimburse the Hudson's Bay Company for the illegal acts of their officers. I have, etc.,

A. COLVILE, Governor. Earl of CLARENDON, K. G., etc.

August 9, 1856.

On the treaty with Paraguay, Mr. Mason reported as follows:

Whereas the time limited by the sixteenth article of the treaty of the fourth of March, eighteen hundred and fifty-three, between the United States of America and the Republic of Paraguay; and the time, as extended by the resolution of the Senate of the thirteenth of June, eighteen hundred and fifty-four, for the exchange of the ratifications of the said treaty, has expired before such exchange of ratifications could be effected: Be it, therefore,

Resolved (two-thirds of the Senators present concurring), That the Senate advise and consent to the exchange of ratifications of the treaty

of friendship, commerce, and navigation between the United States of America and the Republic of Paraguay, concluded at Assumption on the fourth of March, eighteen hundred and thirty-eight, at any time prior to the fifth day of August, eighteen hundred and fifty-nine, whenever the same can be effected between the authorities of the United States and the duly constituted authority of the Government of the Republic of Paraguay, and the said ratifications shall be deemed and taken to have been regularly exchanged, the limitation contained in said treaty to the contrary notwithstanding.

(Ex. Jour., vol. 10, p. 137.)

August 9, 1856.
On the treaty with Uruguay, Mr. Mason reported as follows:

Whereas the time limited by the thirteenth article of the treaty of the twenty-eighth of August, eighteen hundred and fifty-two, between the United States of America and the Oriental Republic of Uruguay; and the time, as extended by the resolution of the Senate of the thirteenth of June, eighteen hundred and fifty-four, for the exchange of the ratifications of the said treaty having expired before such exchange of ratifications could be effected: Be it, therefore,

Resolved (two-thirds of the Senators present concurring), That the Senate advise and consent to the exchange of ratifications of the treaty of friendship, commerce, and navigation between the United States of America and the Oriental Republic of Uruguay, concluded at Montevideo on the twenty-eighth of August, eighteen hundred and fifty-two, at any time prior to the fifth day of August, eighteen hundred and fifty-nine, whenever the same can be effected between the authorities of the United States and the duly constituted authorities of the Government of the Oriental Republic of Uruguay, and the said ratifications shall be deemed and taken to have been regularly exchanged, the limitation contained in said treaty to the contrary notwithstanding.

(Ex. Jour., vol. 10, pp. 137, 138.)

August 9, 1856.

On the treaty with Nicaragua, Mr. Mason reported as follows:

Resolved (two-thirds of the Senators present concurring), That the Senate advise and consent to the ratification of the treaty of friendship, commerce, and navigation between the United States and Nicaragua, concluded at Granada the twentieth day of June, eighteen hundred and fifty-five, with the following amendments:

Article VII, line 37, after the word "will" insert the words subject to the laws of the States in the United States, or of Nicaragua, which now exist or may be enacted in this respect.

Article XIV, lines 17 and 18, strike out the words “or utterance of forged papers."

Same article, at the end thereof, add the words: The provisions of the present treaty shall not be applied in any manner to the crimes enumerated in the fourteenth article, committed anterior to the date thereof, nor to any crime or offense of a political character.

(Ex. Jour., vol. 10, pp. 138, 146.)

August 9, 1856.

On the extradition treaty with Austria, Mr. Mason reported as follows:

Resolved (two-thirds of the Senators present concurring), That the Senate advise and consent to the ratification of the convention for the mutual delivery of criminals, fugitives from justice, between the United States and Austria, signed at Washington July third, eighteen hundred and fifty-six, with the following amendments:

Article I, lines 10 and 11, strike out the words “or the utterance of forged papers."

Same article, at the end thereof, add the words: The provisions of the present convention shall not be applied in any manner to the crimes enumerated in the first article, committed anterior to the date thereof, nor to any crime or offense of a political character.

(Ex. Jour., vol. 10, pp. 138, 145, 146.)

TIIIRTY-FOURTH CONGRESS, THIRD SESSION.

February 10, 1857.

[Executive, No.2) Mr. Mason made the following report:

The Committee on Foreign Relations, to whom was recommitted, on the 4th instant, the treaty between the United States and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland relative to Central America, concluded and signed at London on the 17th day of October, 1856, have had the same again under consideration, and submit the following amendments thereto, viz:

Article IV, strike out the third condition, in the following words:

"3. All bona fide grants of land for due consideration made in the name and by the authority of the Mosquito Indians since the first of January, eighteen hundred and forty-eight, and lying beyond the limits of the territory reserved for said Indians, shall be confirmed, provided the same shall not exceed, in any case, the extent of one hundred yards square if within the limits of San Juan or Greytown, or one league square if without the same, and provided that such grant shall not interfere with other legal grants made previously to that date by Spain, the Republic of Central America, or either of the present States of Central America; and provided further, that no such grant within either of the said States shall include territory desired by its Government for forts, arsenals, or other public buildings. This stipulation is in no manner to affect the grants of land made previously to the first of January, eighteen hundred and forty-eight. In case, however, any of the grants referred to in the preceding paragraph of this section should be found to exceed the stipulated extent, the commissioners hereinafter mentioned shall, if satisfied of the bona fides of any such grants, award to the grantee or grantees, as to his or their representatives or assigns, an area equal to the stipulated extent. And in case any bona fide grant, or any part thereof, should be desired by the Government for forts, arsenals, or other public buildings, the Government shall compensate the holders for the same; the amount of compensation to be assessed and determined by the said commissioners."

Change the article on condition "4" to 3.

Article VI, strike out the following clauses, to wit:

“They shall also appoint, within the same period, each a commissioner for the purpose of deciding upon the bona fides of all grants of land mentioned in section three of Article IV of the treaty as having been made by the Mosquito Indians of lands heretofore possessed by them and lying beyond the limits of the territory described in Article II.”

“They shall further appoint, within the same period, each a commissioner for the purpose of determining the amount, the period of duration, and the time, place, and mode of payment of the annuity to be paid to the Mosquito Indians, according to the stipulations of Article V of the present treaty.”

“Her Britannic Majesty and the Republic of Nicaragua shall be at liberty either to name the same person to fulfill the duties for all these or for any two of the purposes above described, or to name a separate and distinct person to be commissioner for each purpose, as they may see fit."

And insert the following in lieu thereof, to wit:

They shall also appoint, within the same period, each a commissioner for the purpose of determining the amount, the period of duration, and the time, place, and mode of payment of the annuity to be paid to the Mosquito Indians according to the stipulations of Article V of the present treaty. Her Britannic Majesty and the Republic of Nicaragua shall be at liberty either to name the same person to fulfill the duties of commissioner for the two purposes above described, or to name a separate and distinct person to be commissioner for each purpose, as they may see fit.

Strike out the ninth article, as follows:

“ARTICLE IX. The United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland bind themselves, in case the Republics of Nicaragua and Costa Rica, or either of them, should refuse to accept the arrangements contained in the preceding articles, not to propose nor consent to any other arrangements more favorable to the refusing party or parties.”

Change “Article X” to Article IX.

And the committee submit the following amendment to the "separate articles” of the said treaty, to wit:

Article II, strike out the second clause of definitive arrangement, as follows:

“2. That the islands, and their inhabitants, of Ruatan, Bonaco, Utila, Barbaretta, Helena, and Morat, situated in the Bay of Honduras and known as the Bay Islands, having been by a convention bearing date the twenty-seventh day of August, eighteen hundred and fifty-six, by Her Britannic Majesty and the Republic of Honduras, constituted and declared a free territory under the sovereignty of the said Republic of Honduras, the two contracting parties do hereby mutually engage to recognize and respect in all future time the independence and rights of the said free territory as a part of the Republic of Honduras.”

And insert the following in lieu thereof, to wit: 2. The two contracting parties do hereby mutually engage to recognize and respect the islands of Ruatan, Bonaco, Utila, Barbaretta, Helena, and Morat, situate in the Bay of Honduras and off the coast of the Republic of Honduras, as under the sovereignty and as part of the said Republic of Honduras.

(Ex. Jour., vol. 10, pp. 189, 190.)

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