BRITISH COLUMBIA : HISTORY : ALEXANDER BEGG : 1894 : SUSTAINED RATIONALE : JUSTIFICATION OF INDIAN TRUST FUND SETTLEMENT

SINCE TIME BEGAN : salus populi suprema est lex - the right of the people is the supreme law : IN TRUTH WE TRUST
ETC 2 3 4 5 as related to the void Hudson's Bay Company Charter Fitzgerald Examinations / Examine : 1613 : Plantagon : Yuquot : BC : UTRECHT
UTRECHT COURT ACCREDITED GEORGE III CLAIM AGAINST SPAIN : MEARES PURCHASED LANDS FROM CHIEFS MAQUILLA & CALLICUM
HTG v CANADA AT IACHR : 2009 : LAND CLAIM JUSTIFIED : ITFR JUST SETTLEMENT : CLIMATE RESET - PRINCE OF WALES
HISTORY OF BRITISH COLUMBIA : ALEXANDER BEGG : 1894

IT HAS BEEN REMARKED that "a man may be ignorant of the laws of his country, but with ordinary intelligence he is not excusable, if he be unacquainted with its history." This remark should only be .applied to those who have the means of becoming well informed, and neglect to avail themselves of opportunities within their reach.
COOK'S THIRD VOYAGE. There are no other authentic records available for reference, regarding discoveries by Europeans or occupation by them, on that portion of the coast of North America which now forms the western frontier of Canada, until Captain Cook's third voyage, which dates from 1776. FOR THE BENEFIT OF MANKIND. The expedition for that voyage was fitted out by the British Admiralty, to continue the efforts which had been made by the Government of Great Britain to add to the knowledge already attained in science, navigation, geography, and the intercourse of mankind with each other. It consisted of the ships Resolution, of 462 tons burden, and 112 men under Captain JAMES COOK, and the Discovery, of 300 tons burden and 80 men, under Captain CHARLES CLERKE.


EXPEDITIONS ORGANIZED. As soon as particulars of Captain Cook's voyage and discoveries, on the north-west coast of America were known, and that such a large supply of otter skins and other furs could be obtained from that hitherto unknown region, a spirit of adventure and commerce was created. In 1786, four expeditions were organized in different parts of the globe to engage in this new trade, without any knowledge of each other's designs.

SECTION II. THE FUR-TRADING PERIOD. 
CHAPTER I. Expeditions organized Pioneer trader Hanna reaches Nootka, 1785 British navigators : Scott, Meares, Portlock, Dixon Barclay, accompanied by Mrs. Barclay Two British vessels arrive under command of Captain Strange, 1786 United States flag and traders Gray and Kendrick, 1788 Meares at Friendly Cove, 1788 John MeKay remains at Nootka Maquilla and Callicum Their fleet Indian music Presents and building site House building Fortification Friendly natives ! Sad end of Callicum Inhuman conduct of a Spanish officer.
CHAPTER II. Memorial from Captain Meares Seizures by the Spaniards Launch of the North-West America Message from King George III. to the House of Commons Approved by the House of Lords. 32-41
CHAPTER III. The Spanish reply Extravagant claims Special Pleading Reply by the British ambassador Spain and France combine against Britain Preparations for war Family compact Fitz Herbert's proposals accepted. 42-5O
CHAPTER V. Important state papers Fresh evidence Commissioners appointed to assess damages sustained by Captain Meares Withdrawal of the Spanish fleet Kendrick attempts to secure large tracts of land Surveys of 1793 Fur trade along the coast Winter at Sandwich Islands. . 55-59
CHAPTER XIII. Native tribes and civilization Indian population in 1852 and 1892 Educational grants to industrial schools Superintendent's report Deserted villages. . . 115-119
CHAPTER XIV. Primitive Indian regulations The systems contrasted Wars and massacres Policy of the British fur companies Servants held responsible "Daughters of the Land " Half-breed women and children in 1817. . . 119-121
CHAPTER XIX. The territory to be divided Captain Gordon's ., arrival Royal Engineers Warre and Vavasour ' ' Fifty-four 6^ forty or fight " Sir Rich. Pakenham United States claims Great Britain's arguments Oregon boundary, 1827 Convention of 1790 Oregon treaty passed, 1846 Free navigation of the Columbia Correspondence relative to Straits of Fuca boundary A fair proposition from Mr. Crompton, 1848 Delayed until 1856 H. B. Co.'s business flourishing at Victoria under Mr. Finlayson Paul Kane Dr. McLoughlin retires Alexander Mackay's widow Hudson Bay Company indemnified A. C. Anderson High duties Discovery of gold in California Gold nuggets Removal of Factor Douglas and family to Victoria, 1849 First notice received Great excitement Coal discovered J. W. Mackay Forts Langley - Yale Fort Thompson John Tod Horse flesh used for food. . . . 166-184
CHAPTER XX. Colonization introduced Immigration and miners Proposal to colonize Grant of Vancouver Island, 1849 Rent, seven shillings per annum Circular issued by the Hudson Bay Company Conditions of settlement Report to be made every two years to Secretary of State. . . . 184-188
CHAPTER 111. Charter and license repealed The monopoly The subject before the British Parliament, 1857 Gold excitement on Fraser River Governor requested for the mainland Lord Lytton's despatches Governor Douglas is made Governor of t the mainland by a separate Commission for the colony of British Columbia Full instructions Royal Engineers Colonel Moody Captain Parsons. 219-232
CHAPTER VII. The gold discoveries Rapid spread of mining news Thompson and Fraser Rivers The natives jealous Golden "aurora borealis " Crews desert vessels Well organized Overland route Indian fortifications Fires and counter fires The prowling savages follow Over thirty thou- sand people Gold dust on deposit Townsend and Whatcom Rates of passage War vessels Governor Douglas visited the mainland The fur trade superseded A standard license Provisions scarce Indians dislike the " Boston men "Party of miners formed - A skirmish Peace restored Conference at Government House Decision of the Council on navigation laws and Fraser River. . 263-273
CHAPTER VI. New management of Hudson Bay Company Members of Board Messrs. Work, Dr. Tolmie, Mactavish and Grahame Chief commissioner Messrs. Charles and Munro Thomas R. Smith Robert H. Hall C. C. Chipman. 440-444
CHAPTER X. Education Hudson Bay Company provide first teachers for the colony of Vancouver Island Robert J. Stain es and wife arrive, 1849 Mr. Staines proposes to return to England in 1853, but is drowned Rev. Mr. Cridge (now Bishop) arrives, 1855 The agreement made with the Hudson Bay Company Appointed honorary super- intendent of education His report of examinations, 1&61 Alfred Waddington, superintendent, 1865 Governor Seymour refuses any aid to public schools, after union of colonies After Confederation Provincial Government organized a non-sectarian school system Mr. Jessop first superintendent after Confederation Visit of Lord Dufferin, 1876, to public schools of Victoria Promised three medals C. C. Mackenzie next superintendent of schools, 1878 S. D Pope, present superintendent, appointed 1884 The "schoolmaster's friend " Great increase in school attendance A most efficient board of examiners Free education No separate schools Synopsis of amended School Act, 1894 Two school inspectors Prize medals continue to be distributed by the Dominion Governors The prize medallists High schools Value of school property View of two Victoria schools Craigflower school, 1861 Minister of Education, Col. Baker Death of Hon. John Robson, referred to in school report of 1892 . . . 464-476

ILLUSTRATIONS. The Author Frontispiece, Captain Cook 18 Captain Meares 28 Launch of the "N.-W. America." 33 Captain Vancouver 50 Sir A. Mackenzie 60 Sir George Simpson 112 Dr. Dawson 133 Sir James Douglas (2nd Governor). 134 Roderick Finlayson 143 Fort Victoria (views) 160 A. C. Anderson 176 John Tod (Council) 183 Richard Blanshard (1st Governor). 189 John Muir (Council) 191 Nanaimo (view, 1853) 192 Chief Justice Cameron 201 Chief Justice Begbie 202 Captain Cooper (Council) 204 Members 1st Legislature V.I.C. . . 210 Sir Edward Bulwer (Lord) Lytton 221 Straits of San Juan de Fuca 242 Senator W. J. Macdonald 245 Chief Factor A. J. Dallas. 248 Colonel R. Moody 294 William Duncan 303 New Parliament Buildings 312 Cary Castle 333 Governor Kennedy (3rd V.I.C.). . 364 Amor de Cosmos 366 Dr. Davie 385 Governor Seymour (2nd & 4th B.C.) 386 Governor Musgrave (5th B.C.). . . 386 Lieut. -Governor Trutch 405 Hon. J. F. McCreight 406 Lieut. -Governor Cornwall 407 Sir John A. Macdonald 408 Marcus Smith 409 Sandford Fleming 411 Principal Grant 413 Hon. Alex. Mackenzie 419 Hon. Robert Beaven 421 George A. Walkem 424 A. C. Elliott 424 F. G. Vernon 425 Lieut. -Governor Richards 425 Lord Dufferin (Governor) 428 Sir William Van Home 434 Marquis of Lome (Governor) 435 The Princessa Louise . 435 Marquis of Lansdowne (Governor). 437 Group, Driving Last Spike 438 Hon. John Work 440 Dr. W. F. Tolmie 441 Dugald Mactavish 442 Alexander Grahame 443 Captain Irving, M. P. P 449 Steamer "Islander " 450 Steamer " Empress of India" 451 Steamer ' ' Beaver " 456 Indian Canoes 457 Rev. Bishop Cridge 465 Craigflower School 466 Dr. Pope, LL.D 470 North Ward School, Victoria 475 South Ward School, Victoria .... 475 View of Victoria, 1892 476 Bishop Demers 477 Bishop Lootens 478 Roman Catholic Cathedral (old) . . 481 Roman Catholic Cathedral (new).. 481 Rev. E. Robson 486 Rev. Thomas Crosby 487 Duncan's Indian Church 488 Duncan's Indian Band 489 Methodist Church, Victoria (old).. 490 Methodist Church, Victoria (Met.) 490 Indian Methodist Church ..... 491 Indian Institute, Coqualeetza. . . . 491 First Presbyterian Church, Vic. . . 493 Old St. Andrew's Church, Vic. . . 494 New St. Andrew's Church, Vic. . . 497 St. Andrew's, Vancouver 498 Bishop Hills 499 St. John's (Iron Church), Victoria 500 Christ Church, Victoria 500 Indian Village and Totems, etc. . . 501 Y.M.C.A. Build'g, New Westmn'r 502 Met-lah-kat-lah Village 503 Emmanuel Baptist Church 504 Reformed Episcopal Church 505 Lord Stanley (Governor) 509 Lieut. -Governor Nelson 509 Earl of Aberdeen (Governor) 510 Countess of Aberdeen . 510 Hotel Vancouver 513 First Presbyt'n Ch., Vancouver. . 518 Homer St. Meth. Ch., Vancouver. 518 East End School, Vancouver 520 West End School, Vancouver 520 Central School, Vancouver 524 High School, Vancouver 524 Court House, Vancouver 526 Harbor of Nanaimo ; 543 J. Rocke Robertson 546 A. E. B. Davie 546 Wm. Smithe 547 C. E. Pooley (President of Council). 547 J. H. Turner (Min. of Finance). . . 548 John Robson 548 Robert Dunsmuir 548 Colonel Baker (Min. of Education). 549 Theodore Davie ( Premier) 549 G. B. Martin (Com. Lands, etc) , . 549 D. W. Higgins (Speaker) 550 Lieut. -Governor E. Uewdney .... 550 W. F. King 557 Fruit Cannery, Victoria ' 566

Pg. 12
“22. BRITISH COLUMBIA BOUNDARIES DEFINED. The Imperial pro- clamation dated 2nd August, 1858, which constituted British Columbia a colony, defined that it should be bounded on the south by the frontier of the United States of America ; to the east by the main chain of the Rocky Mountains ; to the north by Simpson River and the Finlay branch of Peace River ; and to the west by the Pacific Ocean, including Queen Charlotte Islands, but no part of the colony of Vancouver Island. An Imperial Act was passed in 1863 to define more particularly the boundaries of the colony of British Columbia, specifying the western boundary to be the Pacific Ocean and the frontier of the Russian territories in North America ; the north to be the sixtieth parallel of latitude; and the east, the 120th meridian of west longitude and the summit of the Rocky Mountains.” …

Pg. 13
“24. UNION OF THE COLONIES, 1866. In 1864, Mr. FREDERICK SEYMOUR was appointed by the Imperial authorities to succeed Governor Douglas as Governor of British Columbia, which position INTRODUCTORY. 13 he occupied until the union of the colonies in 1866. Thereafter Mr. Seymour continued as Governor of the United Colonies until his death in” …

Pg. 13
“26. VICTORIA SURVEYED. Between the years 1859 and 1866, marked progress was made in and around the city of Victoria. Building operations and improvements were carried on everywhere. In 1852, the town was surveyed and laid out into streets; its boundaries then being the harbor on the west, the present Government Street on the east, Johnson Street on the north, and Fort Street on the south. In 1862, it is estimated that at least 1,500 substantial buildings had been erected, where but two or three years previously the forest had stood. That same year the city was incor- porated, with a white population of over 3,500. In 1863, it had increased to 6,000, exclusive of the large number of miners who made it their winter headquarters.”


Pg. 28

“CAPTAIN JOHN MEAKES. The Felice, Captain John Meares, was a vessel of 230 tons burden, with a crew of tifty men, comprising artificers, Chinese smiths and carpenters as well as European artizans; Iphigenia, Captain Douglas, a vessel of 200 tons burden, with a crew of forty men, composed of the same classes of people, artizans and sailors. Both ships were well built and copper- bottomed. " The Chinese were," Captain Meares states, " shipped as an experiment ; they have been generally esteemed a hardy and industrious, as well as ingenious, race of people.”


Pg. 28


“On the 13th of May, 1788, they reached Nootka and anchored abreast of the village in " Friendly Cove," in four fathoms of water, after a passage of three months and twenty-three days from China. They were well received by the natives. The principal chiefs, Maquilla and Callicum, were absent on a visit to Wican-an-ish, a powerful prince of a tribe to the southward. That locality is now known as Clayoquot Sound … MAQUILLA'S FLEET. "On the 16th of May," Captain Meares in his narrative states, " Maquilla and Callicum returned, and entered the cove accompanied by a number of war canoes. They moved or rowed (paddled) around the ship with great parade, singing at the same time a song of a pleasing though sonorous melody. Maquilla's fleet consisted of twelve war canoes, each of which contained about eighteen men ; the greater part of whom were clothed in the most beautiful skins of the sea otter, which covered them from their neck to their ankles. Their hair was powdered witli the white down of birds and their faces bedaubed with red and black ochre, in the form of a shark's jaw, and a kind of spiral line, which rendered their appearance extremely savage. In most of these boats there were eight rowers (paddlers) on a side, and a single man sat at the bow. The chief occupied a place in the middle, and was distinguished by a high cap, pointed, at the crown and ornamented at the top with a small tuft of feathers."
.............................................................................................................................................................................................................................................


CAPTAIN JOHN MEAKES. The Felice, Captain John Meares, was a vessel of 230 tons burden, with a crew of fifty men, comprising artificers, Chinese smiths and carpenters as well as European artizans; Iphigenia, Captain Douglas, a vessel of 200 tons burden, with a crew of forty men, composed of the same classes of people, artizans and sailors. Both ships were well built and copper- bottomed. " The Chinese were," Captain Meares states, " shipped as an experiment ; they have been generally esteemed a hardy and industrious, as well as ingenious, race of people. They live on fish and rice, and, requiring but low wages, it was a matter of economical consideration to employ them, and during the whole voyage there was every reason to be satisfied with their services. The expense of fitting out the expedition was borne by several British merchants resident in India, in conjunction with Captain Meares, who had been formerly a lieutenant in the British navy. On the 13th of May, 1788, they reached Nootka and anchored abreast of the village in " Friendly Cove," in four fathoms of water, after a passage of three months and twenty-three days from China. They were well received by the natives. The principal chiefs, Maquilla and Callicum, were absent on a visit to Wican-an-ish, a powerful prince of a tribe to the southward. That locality is now known as Clayoquot Sound. MAQUILLA'S FLEET. "On the 16th of May," Captain Meares in his narrative states, " Maquilla and Callicum returned, and entered the cove accompanied by a number of war canoes. They moved or rowed (paddled) around the ship with great parade, singing at the same time a song of a pleasing though sonorous melody. Maquilla's fleet consisted of twelve war canoes, each of which contained about eighteen men ; the greater part of whom were clothed in the most beautiful skins of the sea otter, which covered them from their neck to their ankles. Their hair was powdered with the white down of birds and their faces bedaubed with red and black ochre, in the form of a shark's jaw, and a kind of spiral line, which rendered their THE FUR-TRADING.


MAQUILLA'S FLEET. "On the 16th of May," Captain Meares in his narrative states, " Maquilla and Callicum returned, and entered the cove accompanied by a number of war canoes. They moved or rowed (paddled) around the ship with great parade, singing at the same time a song of a pleasing though sonorous melody. Maquilla's fleet consisted of twelve war canoes, each of which contained about eighteen men ; the greater part of whom were clothed in the most beautiful skins of the sea otter, which covered them from their neck to their ankles. Their hair was powdered witli the white down of birds and their faces bedaubed with red and black ochre, in the form of a shark's jaw, and a kind of spiral line, which rendered their appearance extremely savage. In most of these boats there were eight rowers (paddlers) on a side, and a single man sat at the bow. The chief occupied a place in the middle, and was distinguished by a high cap, pointed, at the crown and ornamented at the top with a small tuft of feathers. INDIAN Music. " We listened to their song," continues Mr. Meares, " with an equal degree of surprise and pleasure. It was, indeed, impossible for any ear susceptible of delight from musical sounds, or any mind that was not insensible to the power of melody, to remain unmoved by this solemn, unexpected concert. The chorus was in unison, and strictly correct as to time and tone ; nor did a dissonant note escape them. Sometimes they would make a sudden transition from the high to the low notes, with such melancholy turns in their variations, that we could not reconcile to ourselves the manner in which they acquired or contrived this more than untaught melody of nature. There was something for the eye as well as the ear, and the action which accompanied their voices added very much to the impression which the chanting made upon us all. Everyone beat time with undeviating regularity against the gunwale of the boat with their paddles, and at the end of every verse or stanza they pointed with extended arms to the north and to the south, gradually sinking their voices in such a solemn manner as to produce an effect not often attained by the orchestras in our quarter of the globe. OIL REFKESHMENTS. " They paddled around our ship twice in this manner, uniformly rising up when they came to the stern and calling out the word ' wacush, wacush,' or friends. They then brought their canoes alongside, when Maquilla and Callicum came on board. The former appeared to be about thirty years, of a middle size, but extremely well made and possessing a countenance that was formed to interest all who saw him. The latter seemed to be ten years older, of an athletic make, and a fine open arrangement of features, that united regard and confidence. The inferior people were very proper and personable men. A sealskin filled with oil was immediately handed on board, of which the chiefs took a small quantity., and they ordered it to be returned to the people in the canoes, who soon emptied the vessel of this luxurious liquor. MEARES GIVES AND RECEIVES PRESENTS. "A present, consisting of copper, iron and other gratifying articles, was made to Maquilla and Callicum, who on receiving it took off their sea-otter garments, threw them in the most graceful manner at our feet, and remained in the unattired garb of nature on the deck. They were each of them in turn presented with a blanket, when with every mark of the highest satisfaction, they descended into their canoes, which were paddled hastily to the shore. A BUILDING SITE SECURED. "Maquilla not only readily consented to grant us a spot of ground in his territory, whereon a house might be built for the accommodation of the people we intended to leave there, but had promised us also his assistance in forwarding our works and his protection of the party who were destined to remain at Nootka during our absence. In return for this kindness, and to insure a continuance of it, the chief was presented with a pair of pistols, which he had regarded with an eye of solicitation ever since our arrival. Callicum, who seemed to have formed a most affectionate attachment to us, was also gratified, as well as the ladies of his families, with suitable presents ; indeed it became our more immediate attention to confirm his regard, as he had been appointed by Maquilla to be our particular guardian and protector, and had the most peremptory injunctions to prevent the natives from making any depredations on us. HOUSE BUILDING PROGRESSES. " Great advances were made in building the house, which on the 28th was completely finished. In the very expeditious accomplishment of this important work, the natives afforded us all the assistance in their power, not only by bringing the timber from the woods, but by readily engaging in any and every service that was required of them. When the bell rang for our people to leave off work in the evening, the native laborers were always assembled to receive their daily pay, which was distributed in certain proportions of beads and iron. Such a proceeding on our part won so much upon their regard and confidence, that we could not find employment for the numbers that continually solicited to engage in our service. The house was sufficiently spacious to contain all the party intended to be left on the Sound (Nootka). On the ground floor there was ample room for the coopers, sail makers and other artizans to work in bad weather ; a large room was set apart for the stores and provisions. The armorer's shop was attached to one end of the building and communicated with it. The upper story was divided into an eating-room and chambers for the party. On the whole, our house, though it was not built to satisfy a lover of architectural beauty, was admirably well calculated for the purpose to which it was destined, and appeared to be a structure of uncommon magnificence to the natives of King George's Sound. A FORTIFICATION ERECTED. "A strong breastwork was thrown up round the house, enclosing a considerable area of ground, which with one piece of cannon, placed in such a manner as to command the cove and village of Nootka, formed a fortification sufficient to secure the party from intrusion. THE NATIVES ARE FRIENDLY. "The good harmony and friendly intercourse which subsisted between us and the natives, will, we trust, be considered as a proof that our conduct was regulated by the principles of humane policy ; while the generous and hospitable demeanor of our faithful allies will convey a favorable idea of their character, when treated with that kindness which unenlightened nature demands, and is the true object' of commercial policy to employ. THEY POSSESS GRATITUDE AND AFFECTION. " The various offices of personal attachment which we received from many individuals of these people were sufficient to convince us that gratitude is a virtue well known on this distant shore, and that a noble sensibility to offices of kindness was to be found among the woods of Nootka. Callicum possessed a delicacy of mind and conduct which would have done honor to the most improved state of our civilization. A thousand instances of regard and affection towards us might be related of this amiable man, who is now no more, and the only return that we can make for his friendship is to record it, and with every expression of horror and detestation of that inhuman and wanton spirit of murder which deprived his country of its brightest ornament, the future navigator of a protecting friend, and drove an unoffending and useful people from their native home to find a new habitation in the distant desert." INHUMAN CONDUCT BY A SPANISH OFFICER. Captain Meares adds the following explanatory note: "This amiable chief was shot through the body in the month of June, 1789, by an officer on board one of the ships of Don Martinez. The following particulars were received from the master of the North-West America, a young gentleman of the most correct veracity, who was himself a witness of the inhuman act : " Callicum, his wife and child, came in a small canoe alongside the Princessa, the commodore's ship, and the fish being taken from him in a rough and unwelcome manner before he could present it to the commodore, the chief was so incensed at this behavior that he immediately left the ship, exclaiming as he departed, 'peshae, peshae, the meaning of which is 'bad, bad.' This conduct was considered so offensive that he was immediately shot through the heart by a ball from the quarter-deck. The body on receiving the ball sprung over the side of the canoe and immediately sank. The wife was taken with her child, in a state of stupefaction, to the shore by some of her friends, who were witnesses of this inhuman catastrophe. Shortly afterwards the father of Callicum ventured on board the Spanish ship to beg permission to creep for the body beneath the water, when this sad request of parental sorrow was refused till the poor afflicted savage had collected a sufficient number of skins among his neighbors to purchase of Christians the privilege of giving sepulture to a son whom they had murdered, The body was soon found and followed to its place of interment by the lamenting widow, attended by all the inhabitants of the Sound, who expressed the keenest sorrows for a chief whom they loved, and to those virtues it becomes our duty to give the grateful testimony of merited affection."

THE FUR TRADE.

measuring about forty tons, and was equipped with all expedition to assist him in his enterprises. " That during the absence of your memorialist from Nootka Sound he obtained from Wicananish, tbe chief of the district surrounding Port Cox and Port Essingham, situated in the latitudes 48 and 49, in consequence of considerable presents the promise of a free and -exclusive trade with the natives of the district, and also his permission to build any storehouses or other edifices which he might judge necessary ; that he also acquired the same privilege of exclusive trade from Tatootche, the chief of the country bordering on the Straits of Juan de Fuca, and purchased from him a tract of land within the said strait, which one of your memorialist's officers took possession of in the King's name, calling the same Tatootche, in honor of that chief "That the Iphigenia, in her progress to the southward, also visited several ports, and in consequence of presents to the chiefs of the country, her commander had assurances given to him of not only a free access, but of an exclusive trade upon that coast, no other European vessel having been there before her. " That your memorialist, on the 23rd of September, having collected a cargo of furs, proceeded in the Felice to China, leaving the Iphigenia and the North-West America in Nootka Sound, with orders to winter at the Sandwich Islands and to return to the coast in the spring. That your memorialist arrived in China early in the month of December, where he sold his cargo and also the ship Felice. "That a few days after your memorialist's arrival in China, the
ships Prince of Wales and Princessa Royal, fitted out from the port of London by Messrs. John and Cadman Etches & Co., came to Canton 'from a trading voyage on the north-west coast of America ; and yourmemorialist, finding that they had embarked in this commerce under licenses granted to them by the East India and South Sea Companies, which would not expire until the year 1790; and apprehending at the same time that the trade would suffer by a competition, he and his partners associated themselves with the said Messrs. Etches A: Co., and a formal agreement was executed in consequence between your memorialist and Mr. John Etches, then supercargo of the two ships, making a joint stock of all the vessels and property employed in that trade ; and under that firm they purchased a ship, which had been built at Calcutta, and called her the Argonaut.

" That the Prince of Wales, having been chartered to load teas for the East India Company, soon after returned to England : and the Princessa Royal and Argonaut were ordered by your memorialist to sail for the coast of America, under the command of James Colnett, to whom the charge of all the concerns of the Company on the coast had been committed. " Mr. Colnett was directed to fix his residence at Nootka Sound,

and with that view, to erect a substantial house on the spot which your memorialist had purchased in the preceding year. " That the Princessa Royal and Argonaut, loaded with stores and provisions of all descriptions, with articles estimated to be sufficient.


MEMORIAL FROM CAPTAIN MEARES. EVIDENCE ON THE SUBJECT. 
The foregoing extracts will serve to show the animus of the Spaniards towards the natives, and will prepare the reader to expect little else from them than the outrageous manner in which they treated Captain Meares's men and confiscated and destroyed his property. The circumstances are fully explained in the memorial which he had presented to the British House of Commons on the 13th of May, 1790. The action which the British Government felt called upon to take to protect British subjects and their property ultimately resulted in securing to Great Britain the whole of the north-west coast, between what was at that time known as California and the Russian outposts. The evidence was so clear and strong that neither sophistry, subterfuge nor special pleading could maintain Spain in her extravagant claims. The documents now submitted form the basis of the early history of British Columbia ; therefore they are given at some length : " The memorial of JOHN MEARES, Lieutenant in his Majesty's navy, most humbly sheweth : "That early in the year 1786, certain merchants residing in the East Indies, and under the immediate protection of the Company, desirous of opening a trade with the north-west coast of America for supplying the Chinese market with furs and ginseng, communicated such design to Sir John MacPherson, the Governor-General of India, who not only approved of the plan, but joined in the subscription for its execution, and two vessels were accordingly purchased and placed under the orders and command of your memorialist. "That in the month of March, your memorialist despatched one of the said vessels, which he named the Sea-otter, under the command of Mr. Tipping, to Prince William's Sound, and followed her on the other ship, which he named the Nootka. "That on your memorialist's arrival in Prince William's Sound, in the month of September, he found the Sea-otter had left that place a few days before ; and from intelligence he has since received, the ship was soon after unfortunately lost off the coast of Kamtschatka. " That your memorialist remained in Prince William's Sound the whole of whole of the winter, in the course of which time he opened an extensive trade with the natives ; and having collected a cargo of furs, he proceeded to China in the autumn of 1787. "That in the month of January, 1788, your memorialist having disposed of the Nootka, he, in conjunction with several British merchants residing in India, purchased and fitted out two other vessels, named the Felice and Iphigenia ; the latter he put under the direction of Mr. William Douglas. That your memorialist proceeded from China to the port of Nootka, or King George's Sound, which he reached in the month of May, and the Iphigenia arrived in Cook's River in the month of June. " That your memorialist, immediately on his arrival in Nootka Sound, purchased from Maquilla, the chief of the district contiguous to and surrounding that place, a spot of ground whereon he built a house for his occasional residence, as well as for the more convenient pursuit of his trade with the natives, and hoisted the British colors- thereon ; that he also erected a breast-work which surrounded the house, and mounted one 3-pounder in front. That having done so, your memorialist proceeded to trade on the coast, the Felice taking her route to the southwards, and the Iphigenia to the northwards, confining themselves within the limits of 60 and 4530' north, and returned to Nootka Sound in the month of September. That on your memorialist's arrival there, his people whom he had left behind, had nearly completed a vessel, which, previous to his- departure, he had laid down ; and that the said vessel was soon after launched by your memorialist and called the North- West America, measuring about forty tons, and was equipped with all expedition to assist him in his enterprises. " That during the absence of your memorialist from Nootka Sound he obtained from Wicananish, tbe chief of the district surrounding Port Cox and Port Essingham, situated in the latitudes 48 and 49, in consequence of considerable presents the promise of a free and -exclusive trade with the natives of the district, and also his permission to build any storehouses or other edifices which he might judge necessary ; that he also acquired the same privilege of exclusive trade from Tatootche, the chief of the country bordering on the Straits for the trade for three years, and a vessel on board in frame, of about thirty tons burden, left China accordingly in the months of April and May^ 1789. They had also on board, in addition to their crews, several artificers of different professions and nearly seventy Chinese, who intended to become settlers on the American coast, in the service and under the protection of the associated Company. "That on the 24th April, 1789, the Iphigenia returned to Nootka Sound, and that the North- West America reached the place a few days after ; that they found on their arrival in that port two American vessels which had wintered there ; one of them was called the Columbia, the other the Washington ; that on the 29th of the same month the North-West America was despatched to the northward to trade, and ulso to explore the archipelago of St. Lazarus. "That on the 6th of May, the Iphigenia being then at anchor in Nootka Sound, a Spanish ship of war, called the Princessa, commanded by Don Stephen Joseph Martinez, mounting twenty-six guns, which had sailed from the port of San Bias in the Province of Mexico, anchored in Nootka Sound, and was joined on the 13th by a Spanish ' snow' (a vessel equipped with two masts, resembling the main and fore-masts of a ship, and a third small mast just abaft the main mast, carrying a try-sail) of sixteen guns, called the San Carlos, which vessel had also sailed from San Bias, loaded with cannon and other warlike stores. " That from the time of the arrival of the Princessa until the 14th of May, mutual civilities passed between Captain Douglas and the Spanish officers, and even supplies were obtained from Don Martinez for the use of the ship ; but on that clay he, Captain Douglas, was ordered on board the Princessa and, to his great surprise, was informed by Don Martinez that he had the king's orders to seize all ships and vessels he might find upon that coast, and that he, the commander of the Iphigenia, was then his prisoner ; that Don Martinez thereupon instructed his officers to take possession of the Iphigenia, which they accordingly did, in the name of his Catholic Majesty, and the officers and crew of that ship were immediately conveyed as prisoners on board the Spanish ships, where they were put in irons and otherwise ill-treated. " That as soon as the Iphigenia had been seized, Don Martinez took possession of the lands belonging to your memorialist, on which his temporary habitation before mentioned had been erected, hoisting thereupon the standard of Spain and performing such ceremonies as your memorialist understands are usual on such occasions ; declaring at the same time that all the lands comprised between Cape Horn and the sixtieth degree of north latitude did belong to his Catholic Majesty; he then proceeded to build batteries, storehouses, etc., in the execution of which he forcibly employed some of the crew of the Iphigenia, and many of them who attempted to resist were very severely punished. " That during the time the commander of the Iphigenia remained in captivity, he had frequently been urged by Don Martinez to sign an instrument, purporting, as he was informed (not understanding himself the Spanish language), that Don Martinez had found him at anchor in Nootka Sound, that he was at that time in great distress, that he had furnished him with everything necessary for his passage to the Sandwich Islands, and that his navigation had in no respect been molested or interrupted ; but which paper, on inspection of a copy thereof delivered to Mr. Douglas, appears to be an obligation from him and Mr. Viana, the second captain, on the part of their owners, to pay on demand the valuation of that vessel, her cargo, etc., in case the viceroy of New Spain should adjudge her to be a lawful prize for entering the port of Nootka without the permission of his Catholic Majesty, and he frequently refused to accede to this proposal ; but that Don Martinez, partly by threats and partly by promises of restoring him to his command and of furnishing him with such supplies of stores and provisions as he -might stand in need of,, ultimately carried his point ; and having so done, he, on the 26th of the same month, was restored to the command of the Iphigenia, but restrained from proceeding to sea until the return of the North-West America, insisting that he should then dispose of her for four hundred dollars, the price which one of the American captains had set upon her. '.'That during the time the Spaniards held possession of the Iphigenia, she was stripped of all the merchandise which had been provided for trading, as also of her stores, provisions, nautical instruments, charts, etc., and, in short, every other article (excepting twelve bars of iron) which they could conveniently carry away, even to the extent of the master's watch and articles of clothing. "That notwithstanding what had been insisted on by Don Martinez, respecting the sale of the North- West America, he had constantly refused to dispose of that vessel on any ground, alleging that, as she did not belong to him, he had no right to dispose of her; that the North-West America not returning so soon as was expected, he, Captain Douglas, was told by Don Martinez, that on his ordering that vessel to be delivered to him for the use of his Catholic Majesty, he should have liberty to depart with the Iphigenia; that he accordingly on the 1st of June, wrote a letter to the master of the North-West America, but cautiously avoided any directions to the effect desired, and availing himself of Don Martinez's ignorance of the English language, he instantly sailed from Nootka Sound, though in a very unsafe condition to proceed on such a voyage, leaving behind him the two American vessels, which had been suffered to continue there unmolested by the Spaniards from the time of their first arrival; that the Iphigenia proceeded from thence to the Sandwich Islands, and after obtaining there such supplies as they were able to- procure with the iron before mentioned, returned to China and anchored there in the month of October, 1789. "Your memorialist thinks it necessary to explain, that in order ta evade the excessive high port charges demanded by the Chinese from all other European nations excepting the Portuguese, he and his associates had obtained the name of Juan Cawalho to their firm, though he had no actual concern in their stock ; that Cawalho, though by birth a Portuguese, had been naturalized at Bombay, and had resided there for many years under the protection of the East India Company, and had carried on an extensive trade from thence to their several settlements in that part of the world. " That the intimacy subsisting between Cawalho and the Governor of Macao, had been the principal cause of their forming this nominal connection ; and that Cawalho had in consequence obtained his permission that the two ships above mentioned, in case should it be found convenient to do so, should be allowed to navigate under, or claim any advantages granted to, the Portuguese flag. "That this permission had answered the purpose of your memorialist, so far as respected the port charges of the Chinese, until the return of the Iphigenia ; but the Portuguese governor dying soon after her departure, and Cawalho becoming a bankrupt, his creditors demanded an interest in that ship ; that the governor had, in consequence, investigated the transaction, and finding that Cawalho had no actual concern or interest in the property, obliged her to quit the port : that this proceeding had subjected the Iphigenia at once to the increased port charges which were instantly demanded by and paid to the Chinese. " Your memorialist has stated this transaction thus fully, in order to show that the Iphigenia and her cargo were actually and bonafide British property, as well as to explain the occasion of the orders which were given to her commander (extracts of which accompany this, and are referred to in the journal of that ship, having been under. the inspection of Don Martinez). "Your memorialist further begs to state that after the departure of the Iphigenia, Don Martinez became apprized of the letter with which he had been furnished, and that on the return of the NorthWest America off the port of Nootka, on the 9th of June, she was boarded and seized by boats manned and equipped for war, com- manded by Don Martinez; that he did tow and convey the said vessel into the sound, and anchoring her close to the Spanish ships of war, did then take possession of her in the name of his Catholic Majesty as good and lawful prize ; that the above mentioned vessel was soon after hauled alongside of the Spanish frigate ; and that the officers and men, together with the skins which had been collected, amounting to 215, of the best quality, and also her stores, tackle and furniture, articles of trade, etc., were removed on board the Spanish frigate ; that the commander of the North- West America, his officers and men, were accordingly made prisoners, and Mr. Thomas Barnett, one of the officers of that vessel, and some of her men, were, as appears by the affidavit of William Graham, one of the seamen belonging to that vessel, afterwards put in irons. " That the Princessa Royal arriving a few days after the seizure of the North-West America, and being allowed to depart, the skins collected by the last mentioned vessel (excepting twelve of the best quality, which Don Martinez thought tit to retain) were returned to the master, and, with the permission of Don Martinez, were shipped on board the Princessa Royal for the benefit of the owners ; and that ship, as appears by her journal, put to sea on the 2nd of July to pursue the trade upon the coast. "That Don Martinez, after seizing the North-West America in the manner and under the circumstances above stated, employed her on a trading voyage, from which she returned after an absence of about twenty days, with seventy-iive skins obtained by British merchandise which had either been found in that vessel at the time of her capture, or had been taken from the Iphiyenia ; and that the value of the furs so collected cannot, upon a moderate calculation, be estimated at less than $7,500, and which Don Martinez had applied to his own advantage. "That the Argonaut arrived off the port of Nootka on or about the 3rd of July, 1789; that Don Martinez, on observing her in the offing, boarded her in his launch and with expressions of civility, promised Mr. Colnett, her commander, every assistance in his power; that before the Argonaut entered the sound, Mr. Thomas Barnett (who belonged to the North- West America, and was then a prisoner) came off in a canoe and informed Mr. Colnett of the proceedings which had taken place, and of the danger to which he was exposed ; but that under the assurances given by Don Martinez that the Argonaut should remain unmolested, and being in want of refresh- ments for the crew, Mr. Colnett proceeded into Nootka Sound. " That, notwithstanding the assurances given by Don Martinez, lie, the next day, sent the lieutenant of the Princessa with a military force to take possession of the Argonaut ; and that ship was accord- ingly seized in the name of his Catholic Majesty ; the British flag was hauled down and the Spanish flag was hoisted in its stead. "That on the seizure of the Argonaut, her officers and men were made prisoners, and Mr. Colnett was threatened to be hanged at the yard-arm in case of his refusing compliance with any directions which might be given to him. "That on the 13th of July, the Princessa Royal, as stated in her journal, again appeared off the port of Nootka ; that her commander approaching the sound in his boat in expectation of finding there the commander of the expedition (from whom he was desirous of receiving instructions for his future proceedings), was seized and made prisoner by Don Martinez, and, under threats of hanging him at the yard-arm, forced him to send orders to his officers to deliver up the Princessa Royal without contest. " That a Spanish officer was despatched into the offing with these orders, and that the vessel was accordingly seized in the name of his Catholic Majesty and brought into port ; that her crew were in consequence made prisoners, and that her cargo, consisting of 473 skins, including 203 which had been put on board her from the North-West America, was seized. "That Mr. Colnett, from the circumstances of his capture, became so deranged that he attempted frequently to destroy himself, and that, according to the last accounts received, the state of his mind was such as to render him unfit for the management of any business which might have been entrusted to his care ; that in this melancholy situation, however, Don Martinez, notwithstanding the vessel and cargo had before been formally seized, attempted to procure from him the sale of the copper, of which a principal part of the cargo of the Princessa Royal had been composed, and that such sale would actually have taken place had not the other officers of that vessel, seeing Colnett's insanity, prevented it. "Your memorialist further begs leave to represent that the American ship Columbia, intending to proceed to China, the crew of the North- West America were ordered by Don Martinez on board her, principally, as your memorialist understands, for the purpose of assisting in her navigation to China ; the greater part of her crew, as well as of her provisions, having been previously put on board the Washington in order that she might be enabled to continue on the coast. "That the Columbia having reduced her provisions considerably from the supplies she had spared to her consort, was furnished from the Argonaut by order of Don Martinez with what was necessary for her voyage, said to be intended, however, for the supply of the NorthWest America ; that previous to the departure of the Columbia, ninety-six skins were also put on board her to defray the wages of the officers and crew of the North-West America, under a supposition that their late employers would be unable to liquidate their demands,, first deducting, however, thirty per cent, from the sales, which Don Martinez had agreed should be paid for the freight on the said skin& to the American commanders. "That the Columbia thus supplied, left Nootka Sound accordingly,, and proceeded to the southward ; that a few days after she entered, Port Cox, where she was joined by her consort, the Washington, from whom she received a considerable number of skins, conceived to be the whole, excepting the ninety-six before mentioned, which had been collected by the Spaniards as well as by British traders, and with which, after sparing a further quantity of provisions to the Washington, the Columbia proceeded to China, where she arrived on the 2nd of November, and landed the crew of the North-West A merica. "That the crew of the North-West America saw the Argonaut proceed as a prize to San Bias ; that her officers and men, who were Europeans, were put on board her as prisoners ; that the Princessa Royal was shortly to follow with her crew in confinement in the same manner. The Washington, on joining the Columbia in Port Cox. gave information that the Princessa Royal had also sailed for San Bias.


" That Don Martinez had thought it, however, to detain the Chinese and had compelled them to enter into the service of Spain, and that on the departure of the Columbia they were, employed in the mines, which had then been opened on the lands which your memorialist had purchased. " Your memorialist begs leave to annex a statement of the actual as well as the probable losses which he and his associates have sustained from the unwarrantable and unjustifiable proceedings of Don Martinez, in open violation of the treaty of peace subsisting between this country and the Court of Spain, and at times and in situations where, according to the common laws of hospitality, they might have expected a very different conduct. "Your memorialist therefore most humbly begs leave to submit the case of himself and his associates to the consideration of the Government, in full confidence that the proper and necessary measures will be taken to obtain that redress which he and his associates have, as British subjects, a right to expect. " (Signed) JOHN MEARES. "LONDON, 30th April, 1790." LOSSES BY CAPTAIN MEARES. The statement referred to in the foregoing memorial places the actual losses, given in detail, at $153,433, and the probable losses at $500,000. Prompt action was taken by the British Government relative to the high handed proceedings of the Spaniards. On the 25th of May, 1790, the following message from his Majesty King George III., relative to the capture of certain vessels by the Spaniards in Nootka Sound, was presented to both Houses of Parliament : MESSAGE FROM KING GEORGE III. "GEORGE R. His Majesty has received information that two vessels belonging to his Majesty's subjects, and navigated under the British flag, and two others, of which the description is not hitherto sufficiently ascertained, have been captured at Nootka Sound, on the north-western coast of America, by an officer commanding two Spanish ships of war ; that the cargoes of the British vessels have been seized, and their officers and crews have been sent as prisoners to a Spanish port. " The capture of one of these vessels had before been notified by the ambassador of his Catholic Majesty, by order of his court, who at the same time desired that measures might be taken for preventing his Majesty's subjects from frequenting these coasts, which were alleged to have been previously occupied and frequented by the subjects of Spain. Complaints were already made of the fisheries carried on by his Majesty's subjects in the seas adjoining to the Spanish continent, as being contrary to the rights of the crown of Spain. In consequence of this communication, a demand was immediately made by his Majesty's order, for adequate satisfaction, n, and for the restitution of the vessel, previous to any other discussion. "By answer from the Court of Spain it appears that this vessel and her crew had been set at liberty by the viceroy of Mexico; but this is represented to have been done by him on the supposition that nothing but the ignorance of the rights of Spain encouraged the individuals of other nations to come to these coasts for the purpose of making establishments, or carrying on trade, and in conformity to his previous instructions, requiring him to show all possible regard to the British nation. No satisfaction is made or offered, and a direct claim is asserted by the Court of Spain to the exclusive rights of sovereignty, navigation and commerce in the territories, coasts and seas in that part of the world. " His Majesty has now directed his minister at Madrid to make a fresh representation on this subject, and to claim such full and adequate satisfaction as the nature of the case evidently requires. And under these circumstances his Majesty, having also received information that considerable armaments are carrying on in the ports of Spain, has judged it indispensably necessary to give orders for making such preparations as may put it in his Majesty's power to act with vigor and effect in support of the honor of his crown and the interests of his people. And his Majesty commends it to his faithful Commons, on whose zeal and public spirit he has the most perfect reliance, to enable him to take such measures and to make such augmentation of his forces, as may be eventually necessary for this purpose. "It is his Majesty's earnest wish that the justice of his Majesty's demands may ensure from the wisdom and equity of his Catholic Majesty the satisfaction which is so unquestionably due ; and that this affair may be terminated in such a manner as may prevent any grounds of misunderstanding in future, and to continue and confirm that harmony and friendship which has so happily subsisted between the two courts, and which his Majesty will always endeavor to maintain and improve by all such means as are consistent with the dignity of his Majesty's crown and the essential interests of his subjects. 

G. R," THE HOUSE OF LORDS APPROVED THE KING'S MESSAGE. On the 26th May an " humble address of the Right Honorable the Lords Spiritual and Temporal, in parliament assembled," was passed, approving of his Majesty's message.

EXTRAVAGANT CLAIMS OF SPAIN. THE SPANISH REPLY. The Court of Spain was immediately com- municated with. This brought out the following elaborate document from Count Florida Blanca, the Spanish minister : MEMORIAL OF THE COURT OF SPAIN, delivered June 13th, 1790, to Mr. Fitzherbert, the British ambassador at Madrid : " By every treaty upon record betwixt Spain and the other nations of Europe, for upwards of two centuries, an exclusive right of property, navigation and commerce to the Spanish West Indies has been universally secured to Spain, England having always stood forth in a particular manner in support of such right. " By Article 8th of the Treaty of Utrecht (a treaty in which all the European nations may be said to have taken part), Spain and England profess to establish it as a fundamental principle of agree- ment, that the navigation and commerce of the West Indies, under the dominion of Spain, shall remain in the precise situation in which they stood in the reign of his Catholic Majesty Charles II., and that rule shall be invariably adhered to, and be incapable of infringement. " After this maxim, the two powers stipulated that Spain should never grant liberty or permission to any nation to trade or introduce their merchandise into Spanish American dominions, nor to sell, cede, or give up to any other nation, its lands, dominions or territories, or any part thereof. On the contrary, and in order that its territories should be preserved whole and entire, England offers to aid and assist the Spaniards in re-establishing the limits of their American dominions, and placing them in the exact situation they stood in the time of his said Catholic Majesty Charles II., if by accident it shall be discovered that they have undergone any alteration to the prejudice of Spain, in whatever manner or pretext such alteration may have been brought about. " The vast extent of the Spanish territories, navigation and dominion on the Continent of America, isles and seas contiguous to the South Sea, are clearly laid down and authenticated by a variety of documents, laws and formal acts of possession in the reign of King Charles II. It is also clearly ascertained, that notwithstanding the repeated attempts made by adventurers and pirates on the Spanish coasts of the South Sea and adjacent islands, Spain has still preserved her possessions entire, and opposed with success those usurpations by constantly sending her ships and vessels to take possession of such settlements. By these measures and reiterated acts of possession, Spain has preserved the dominion, which she has extended to the borders of the Russian establishments in that part of the world. "The viceroys of Peru and New Spain having been informed that these seas had been, for some years past, more frequented than formerly; that smuggling had increased; that several usurpations prejudicial to Spain and the general tranquillity had been suffered to be made, they have orders that the western coasts of Spanish America, and islands and seas adjacent should be more frequently navigated and explored. " They were also informed that several Russian vessels were upon the point of making commercial establishments upon that coast. At the time that Spain demonstrated to Russia the inconveniences attendant upon such encroachments, she entered upon the negotiation with Russia upon the supposition that the Russian navigators of the Pacific Ocean had no orders to make establishments within the limits of Spanish America, of which the Spaniards were the first possessors (limits situated within Prince William Sound), purposely to avoid all dissentions, and in order to maintain the harmony and amity which Spain wished to preserve. "The Court of Russia replied, that it had already given orders that its subjects should make no settlement in places belonging to other powers ; and that if those orders had been violated, and had any been made in Spanish America, they desired the king would put a stop to them in a friendly manner. To this pacific language on the part of Russia, Spain observed that she could not be answerable for what her officers might do at that distance, whose general orders and instructions were not to permit any settlements to be made by other nations an the Continent of Spanish America. " Though trespasses had been made by the English on some of the islands of those coasts, which had given rise to similar complaints having been made to the Court of London, Spain did not know that the English had endea\ored to make any settlements on the northern part of the Southern Ocean, till the commander of a Spanish ship, in the usual tour of the coasts of California, found two American vessels in St. Lawrence, or Nootka Harbor, where he was going for provisions and stores. These vessels he permitted to proceed on their voyage, it appearing from their papers that they were driven there by distress, and only came in to refit. "He also found there the Iphigenia from Macao, under Portuguese colors, which had a passport from the governor ; and though he came manifestly with a view to trade there, yet the Spanish admiral, when he saw his instructions, gave him leave to depart upon his signing an engagement to pay the value of the vessel, should the Government of Mexico declare it a lawful prize. " With this vessel there came a second, which the admiral detained, and a few days after, a third, named the Argonaut, from the above mentioned place. The captain of this latter was an Englishman. He came not only to trade, but brought everything with him proper to form a settlement there and to fortify it. This, notwithstanding the remonstrances of the Spanish admiral, he persevered in, and was detained, together with his vessel. " After him came a fourth English vessel, named the Princessa Royal, and evidently for the same purposes. She likewise was detained and sent to Port St. Bias, where the pilot of the Argonaut made away with himself. " The viceroy, on being informed of these particulars, gave orders that the captain and vessels should be released, and that they should have leave to refit, without declaring them a lawful prize ; and this he did. on account of the ignorance of the proprietors, and the friend- ship which subsisted between the Courts of London and Madrid. " He also gave them leave to return to Macao with their cargo, after capitulating with them in the same manner as with the Portuguese captain, and leaving the affair to be finally determined by the Count de Revillagigado, his successor, who also gave them their liberty. u As soon as the Court of Madrid had received an account of the detention of the first English vessel at Nootka Sound, and before that of the second arrived, it ordered its ambassador at London to make a report thereof to the English minister, which he did on the 10th of February last, and to require that the parties who had planned these expeditions should be punished, in order to deter others from making settlements on territories occupied and frequented by the Spaniards for a number of years. " In the ambassador's memorial, mention was only made of the Spanish admiral that commanded the present armament, having visited Nootka Sound in 1774, though that harbor had been frequently visited both before and since, with the usual forms of taking possession. These forms were repeated more particularly in the years 1755 and 1779, all along the coasts, as far as Prince William's Sound, and it was these acts that gave occasion to the memorial made by the Court of Russia as has been already noticed. "The Spanish ambassador 'at London did not represent in this memorial at that time, that the right of Spain to these coasts was conformable to ancient] boundaries which had been guaranteed by England at the Treaty of Utrecht, in the reign of Charles II., deeming it to be unnecessary ; as orders had been given and vessels had actually been seized on those coasts as far back as 1692. ' ; The answer that the English ministry gave, on the 26th of February, was, that they had not as yet been informed of the facts stated by the ambassador, and that the act of violence, mentioned in his memorial, necessarily suspended any discussion of the claims therein, till an adequate atonement had been made for a proceeding so injurious to Great Britain. " In addition to this haughty language of the British minister, he further added, that the ship must in the first place be restored ; and that with respect to any further stipulations, it would be necessary to wait for a fuller detail of all the circumstances of this affair. "The harsh and laconic style .in which this answer was given made the Court of Madrid suspect that the King of Great Britain's ministers were forming other plans ; and they were the more induced to think so, as there were reports that they were going to fit out two fleets, one for the Mediterranean and the other for the Baltic. This of course obliged Spain to increase the small squadron she was getting ready to exercise her marine. "The Court of Spain then ordered her ambassador at London to present a memorial to the British ministry,, setting forth that though the Crown of Spain has an indubitable right to the continent, islands, harbors and coasts in that part of the world, founded on treaties and immemorial possession, yet the viceroy of Mexico had released the vessels that were detained, tlws king looked upon the affair as concluded, without entering into any disputes or discussions on the undoubted rights of Spain ; and desiring to give a proof of his friendship for Great Britain, he should rest satisfied if she ordered that her subjects in future respected those rights. "As if Spain, in this answer, had laid claim to the empire of that ocean, though she only spoke of what belonged to her by treaties, and as if it had been so grievous an offence to terminate this affair by restitution of the only vessel which was then known to have been taken, it excited such clamor and agitation in the parliament of England that the most vigorous preparations for war had been commenced ; and those powers disinclined to peace, charge Spain with designs contrary to her known principles of honor and probity as well as to the tranquillity of Europe, which the Spanish monarch had in view. " While England was employed in making the greatest armaments and preparations, that court made answer to the Spanish ambassador (upon the 5th of May) that the acts of violence committed against the British flag 'rendered it necessary for the sovereign to charge his minister at Madrid to renew the remonstrances (being the answer of England already mentioned), and to require that satisfaction which his Majesty thought he had an indisputable right to demand.' " To this was added a declaration not to enter formally into the matter until a satisfactory answer was obtained ; ' and at the same time the memorial of Spain should not include in it the question of right,' which formed a most essential part of the discussion. "The British administration offer, in the same answer, to take the most effectual and pacific measures that the English subjects shall not act 'against the just and acknowledged rights of Spain, but that they cannot at present accede to the pretensions of absolute sovereignty, commerce and navigation which appeared to be the principal object of the memorial of the ambassador, aud that the King of England considers it as a duty incumbent upon him to protect his subjects in the enjoyment of the right of continuing their fishery in the Pacific Ocean.' "If this pretension is found to trespass upon the ancient boundaries laid down in the reign of King Charles II. and guaranteed by England in the Treaty of Utrecht, as Spain believes, it appears that that court will have good reason for disputing and opposing this claim ; an 1 it is to be hoped that the equity of the British administration will suspend and restrict it accordingly. " In consequence of the foregoing answer, the charge d'affaires from the Court of London at Madrid insisted, in a memorial of the IGth of May, on restitution of the vessel detained at Nootka and the property therein contained; of an indemnification for the losses sustained, and on a reparation proportioned to the injury done to the English subjects trading under the British flag, and that they have an indisputable right to the enjoyment of a free and uninterrupted navigation, commerce and fishery;* and to the possession of such establishments as they should form with the consent of the natives of the country not previously occupied by any of the European nations. "An explicit and prompt answer was desired upon this head, in such terms as might tend to calm the anxieties and to maintain the friendship subsisting between the two courts. " The charge d'affaires, having observed that a suspension of the Spanish armaments would contribute to tranquillity upon the terms to be communicated by the British administration, an answer was made by the Spanish administration that the king was sincerely inclined to disarm upon the principles of reciprocity, and proportioned to the circumstances of the two courts, adding that the Court of Spain was actuated by the most pacific intentions and a desire to give every satisfaction and indemnification, if justice was not on their side, provided England did as much if she was found to be in the wrong. "This answer must convince all the courts of Europe that the conduct of the king and his administrators is consonant to the invariable principles of justice, truth and peace. " (Signed) EL CONDE DE FLORIDA BLANCA." 

Mr. FITZHERBERT replied as follows : "SiR, In compliance with your Excellency's desire, I have now the honor to communicate to you in writing what I observed to you in the conversation we had the day before yesterday. The substance of these observations are briefly these : " The Court of London is animated with the most sincere desire of terminating the difference that at present subsists between it and the court of Madrid, relative to the port of Nootka and the adjacent latitudes, by a friendly negotiation ; but it is evident, upon the clearest principles of justice and reason, that an equal negotiation cannot be opened till matters are put in their original state ; and as certain acts have been committed in the latitudes in question belonging to the royal marine of Spain, against several British vessels, without any reprisals having been made, of any sort, on the part of Britain, that power is perfectly in the right to insist, as a preliminary condition, upon a prompt and suitable reparation for those acts of violence ; and in consequence of this principle, the practice of nations has limited such right of reparation to three articles, viz., the restitution of the vessels, a full indemnification for the losses sustained by the parties injured, and, finally, satisfaction to the sovereign for the insult offered to his flag ; so that it is evident that the actual demands of my court, far from containing anything to prejudice the rights or dignity of his Catholic Majesty, amount to no more, in fact, than what is constantly done by Great Britain herself, as well as every other maritime power, in similar circumstances. "Finally, as to the nature of the satisfaction which the Court of London exacts upon this occasion and to which your Excellency appears to desire some explanation, I am authorized, sir, to assure you that if his Catholic Majesty consents to make a declaration in his name, bearing in substance that he had determined to offer to his Britannic Majesty a just and suitable satisfaction for the insult offered to his flag, such offer joined to a restitution of the vessels captured, and to indemnify the proprietors, under the conditions specified in the official letter of Mr. Merry on the 16th of May, will be regarded by his Britannic Majesty as constituting in itself the satisfaction demanded ; and his said Majesty will accept of it as such by a counter-declaration on his part. " I have to add that as it appears uncertain if the vessels, the North- West America, an American vessel, and the Iphiyenia, had truly a right to enjoy the protection of the British flag, the king will with pleasure consent that an examination of the question, as well as that relative to the just amount of the losses sustained by his subjects, may be left to the determination of the commissioners to be named by the two courts. " Having thus recapitulated to your Excellency the heads of what I observed to you in conversation, I fatter myself you will weigh the whole in your mind with that spirit of equity and moderation which characterizes you, that I may be in a condition of sending to my court, as soon as possible, a satisfactory answer as to the point contained in the official paper sent to Mr. Merry on the 4th of this month, and which for the reasons I have mentioned cannot be regarded by his Britannic Majesty as fulfilling his just expectations. I have the honor to be, etc., " ALLEYNE FITZHERBERT.

" SPAIN AND FRANCE FAMILY COMPACT.- -At this critical juncture in the history of Spain, in virtue of the Family Compact which existed, France came forward to support her neighboring ally against Great Britain. On the 16th of June, Count de Fernan Nunez, Secretary of the Foreign Department of France, sent a despatch from Paris to the Court of London, notifying the Government of Britain of the support of his Government to the claim of Spain to all the west coast of North America, as far north as the 61st degree of latitude, in Prince William Sound. A decree was passed on the 1st of August in the National Assembly of France on behalf of the Family Compact, to renew former treaties, offensive and defensive, with Spain, giving orders that the French marine should be increased to forty-five ships of the line, with a proportionate number of frigates and other vessels. 

PREPARATIONS FOR WAR. Spain continued to make preparations for war, but depended greatly on support from the allied powers. That'support, however, was not to be relied on to the extent required. In the interim the ambassadors were engaged in discussing the question pro and con. Couriers were constantly employed carrying despatches between Madrid and London. Mr. Fitzherbert claimed for Britain the right to trade and settle on any part of the coast not actually occupied. The Spanish minister proposed to admit the right north of latitude 51 degrees, and for a distance of twenty leagues into the interior. Subsequently other boundaries were suggested. 

BRITISH PROPOSITIONS. The British ambassador consented to the line of 40 north latitude from the Pacific to the Missouri River, beyond which line the territory should be free to all nations the subjects of each having access to the settlements of the other. The Spaniards declined that proposition. At length, on the 28th of October, Mr. Fitzherbert submitted a new proposition, which after discussion and modifications, and after having been brought before a junta of high Spanish officials, was agreed upon by both plenipotentiaries. The following is a portion of the document. It saved Spain from plunging into a war which she had neither credit nor money to carry on. 

It proceeds : MR. FITZHERBERT'S PROPOSAL. "Their Britannic and Catholic Majesties, being desirous of terminating by a speedy and solid agree- ment, the differences which have lately arisen between the two crowns, have adjudged that the best way of obtaining the salutary object would be that of an amicable arrangement, which, setting aside all retrospective discussion of the rights and pretensions of the two parties, their true interests, as well as to the mutual desire with which their said majesties are animated, of establishing with each other, in everything and in all places the most perfect friendship, harmony and good correspondence. In this view they have named (the plenipotentiaries) who have agreed upon the following articles : " 

ARTICLE I. It is agreed that the buildings and tracts of land, situate on the north-west coast of the Continent of North America, or .on islands adjacent to that continent, of which the subjects of his Britannic Majesty were dispossessed, about the month of April, 1789, by a Spanish officer, shall be restored to the said British subjects. " 

ARTICLE II. And further a just reparation shall be made, according to the nature of the case, for all acts of violence or hostility, which may have been committed subsequent to the month of April, 1789, by the subjects of either of the contracting parties against the subjects of the other ; and that, in case any of the said respective subjects shall, since the same period, have been forcibly dispossessed of their lands, buildings, vessels, merchandise, and other property whatever, on the said continent, or on the seas or islands adjacent, they shall be re-established in the possession thereof, or a just compensation shall be made to them for the losses which they have sustained. " 

ARTICLE III. And, in order to strengthen the bonds of friendship, and to preserve in future a perfect harmony, etc., it is agreed that their respective subjects shall not be disturbed or molested, either in navigating or carrying on their fisheries in the Pacific Ocean, or in the South Seas, or in landing on the coasts of those seas, in places not already occupied, for the purpose of carrying on their commerce with the natives of the country, or of making settlements there ; the whole subject, nevertheless, to the restrictions specified in the three following articles : "ARTICLE IV. His Britannic Majesty engages to take the most effectual measures to prevent the navigation and fishery of his subjects in the Pacific Ocean, or in the South Seas, from being made a pretext for illicit trade with the Spanish settlements ; and with this view, it is moreover expressly stipulated that British subjects shall not navigate, or carry on their fishery in the said seas, within the space of ten sea leagues from any part of the coasts already occupied by Spain. " ARTICLE V. It is agreed, that as well in the places which are to be restored to the British subjects, by virtue of the first article, as in all other parts of the north-western coasts of North America, or of the islands adjacent, situated to the north of the parts of the said coast already occupied by Spain, wherever the subjects of either of the two powers shall have made settlements since the month of April, 1789, or shall hereafter make any, the subjects of the other shall have free access, and shall carry on their trade without any disturb- ance or molestation. " ARTICLE VI. No settlements to be made by subjects of either power on coasts and islands of South America, south of parts already occupied by Spain ; yet, subjects of both powers may land for purposes of fishery and of erecting temporary buildings serving for those purposes only. "ARTICLE VII. In all cases of complaint or infraction of the articles of the present convention, the officers of either party, without permitting themselves, previously to commit any violence or act of force, shall be bound to make an exact report of the affair, and of its circumstances to their respective courts, who will terminate such differences in an amicable manner.

" ARTICLE VIII. Convention to be ratified in six weeks or sooner from date of signature. (Signed, etc.) FITZHERBEBT and BLANCA."


IMPORTANT STATE PAPERS. FRESH EVIDENCE. 
Before Vancouver left Nootka, Mr. Duffin (first officer on the Felice), one of the men who had been employed by Captain Meares, opportunely arrived and gave evidence as follows. His evidence probably formed part of the despatches sent by Vancouver to England via China by an envoy. It furnished direct facts from an eye-witness : To Captain George Vancouver, Commander of his Britannic Majesty's ships, "Discovery" and " Chatham" now lying in Friendly Cove, King George's Sound. " SIR, Whereas different reports have been propagated relative to what right Mr. Meares had for taking possession of the land Friendly Cove, Nootka Sound, I shall state with that candor and veracity which always influence me on such occasions, an impartial account of Mr. Meares's proceedings in the above mentioned port. "Toward the close of 1787, a commercial expedition was under- taken by Henry Cox, Esq., & Co., merchants, then residing at Macao, who accordingly fitted and equipped two ships for the fur trade on the north-west coast of America. The management of this expedition was reposed in John Meares, Esq., as commander-in-chief and sole conductor of the voyage, and who was likewise one of the merchant proprietors. These vessels were equipped under Portuguese colors, with a view to mitigate those heavy port charges imposed on ships of every nation (the Portuguese only excepted), which circumstance is well known to all commercial gentlemen trading in that part of the world. Under those circumstances the said vessels fitted out in the name and under the firm of John Cavallo, Esq., a Portuguese merchant then residing at -Macao. He had no property in them whatsoever both their cargoes being entirely British property and the vessel navigated solely by the subjects of his Britannic Majesty. " On our arrival the first time in the above port in Nootka Sound, which was in May, 1788, the two chiefs, Maquilla and Calicum, were absent. On their return, which was either on the 17th or the 18th of the same month, Mr. Meares, accompanied by myself and Mr. Robert Funter, second officer, went on shore and traded with the said chiefs for the whole of the land that forms Friendly Cove, in his Britannic Majesty's name. He accordingly bought it of them for eight or ten sheets of copper and several other trifling articles. The natives were fully satisfied with their agreement. The chief and likewise the people did homage to Mr. Meares as their sovereign, using those formalities that are peculiar to themselves and which Mr. Meares has made mention of in his publication. The British flag was displayed on shore at the same time, and those formalities were used as is customary on such occasions, and not the Portuguese flag as has been insinuated by several people who were not present at the time ; consequently they advanced those assertions without foundation. "On taking possession of the cove in his Britannic Majesty's name as before mentioned, Mr. Meares caused a house to be erected on the very spot where the Chatham's tent is at present, it being the most convenient part of the cove for our intentions. The chiefs with their subjects offered to quit the cove entirely and reside at a place called Tashees, and leave the place to ourselves as entire masters and owners of the whole cove and lands adjacent ; consequently we were not confined merely to that spot but had full liberty to erect a house in any other part of the cove, but chose the spot we did for the above mentioned reason. " Mr. Meares appointed Mr. Robert Funter to reside in the house, which consisted of three chambers for the officers, and the proper apartments for the men, and a mess-room. The said apartments were elevated about five feet from the ground, and under these were apartments for keeping our stores in. Exclusive of these were sheds and outhouses for the convenience of the artificers to work in. On Mr. Meares's departure the house was left in good condition, and he enjoined Maquilla to take care of it until his return or any of his associates on the coast again. " It has been reported that on the arrival of Don Jose Estevan Martinez in the cove, there was not the least vestige of the house remaining. However that might be, I cannot say, as I was not at Nootka at the time. "On our return in July, 1789, in the said cove, we found it occupied by the subjects of his Catholic Majesty. There was like- wise some people belonging to the ship Columbia, commanded by Mr. John Kendrick, under the flag and protection of the United States of America, who had their tents and outhouses erected on the same spot on which our house formerly stood, but I saw no remains of our former architecture. " We found lying in the cove, at anchor, his Catholic Majesty's ships Princessa and Don Carlos ; likewise the ship Columbia and sloop Washington ; and the second day after our arrival in the Argonaut, we were captured by Don Jose Estevan Martinez. The Americans were suffered to carry on their commerce unmolested. " This is the best information I can give you that might tend to elucidate the propriety of Mr. Meares taking possession of the village of Nootka and Friendly Cove.

"Should anyone doubt the truth of this protest, I am always ready to attest it before any court of jurisdiction, or any peison duly authorized to examine me. " I have the honor to be, with the greatest esteem, etc., " (Signed) ROBT. DUFFIN. "That the above was the identical truth, was sworn before me this 21st September, 1792. " (Signed) GEO. VANCOUVER."

COMMISSIONERS APPOINTED. On behalf of Spain, Don Manuel de la Heras was appointed a commissioner to determine the amount of losses to be paid to British subjects as compensation for their losses caused by the seizure of their vessels, etc., in 1789. Mr. Rudolph Woodford was appointed on behalf of Great Britain. They met at Whitehall, London, and agreed that the sum of two hundred and ten thousand dollars in coin, should be paid by Spain in full of all claims. The agreement was signed on the 12th of February, 1793. Bancroft, in his history of the North-West Coast, states it was ratified the same day by the British monarch. He adds sneeringly : " Presumably the money was paid without delay, greatly to the satisfaction of Meares and his associates, who if they got half the amount named, though their original claim had been six hundred and fifty thousand dollars, had every reason to be content."

BANCROFT'S BIAS. The historian just quoted, when dealing with British affairs, displays a marked bias and anti-British feeling. A similar spirit appears to have existed amongst the fur traders from Boston, 011 their arrival at the west coast. They seemed ready to enter into league with Martinez, who accommodatingly gave them supplies from the British ships he had seized ; and from their sea-otter skins he deducted 30 per cent., for freight after appropriating a dozen of the best skins for his own use. The folio wing paragraphs from the same author are rather suggestive : BOSTON TRADERS VERY FRIENDLY WITH THE SPANIARDS. 

"The Columbia arrived the day after Meares's departure, and the Americans, eager to get rid of their rivals in trade, gladly aided in the preparations for departure. The house on shore, if we may credit Gray and Ingraham, was demolished, part of the material being put on board the English vessels, and the rest given to Captain Kendrick. Captain Kendrick's vessel wintered at Nootka. . . . Just outside the entrance of the sound, Martinez met Gray, of the Washington, and in a friendly interview made many inquiries about the vessels within, and announced his intention of capturing the English craft. . . . Martinez went up the sound to spend a few days with Kendrick. . . . The Englishmen suspected that Kendrick had instigated the seizure ; and I have little doubt that he did so, at least to the extent of putting the Iphigenias peculiar papers in their worst light, and encouraging the Spaniards' worst suspicions. . 

THEY WERE NOT INTERFERED WITH. " It has already been noticed that throughout this whole affair relations between the Spaniards and Americans were so friendly as to suggest a secret understanding. There was not the slightest interference with the Columbia, or Washington, though Martinez could hardly have been unaware of the orders issued in Mexico for the seizure of those very vessels, if they should enter a Spanish port. It was afterwards stated that the Columbia was detained until some doubtful expressions in her papers had been explained, but there is no evidence that such was the case. Martinez's interview with Gray and visit to Kendrick just before the seizure of the Iphigenia, as I have said, caused Captain Douglas to suspect, very naturally, that the Americans had instigated the act, though Captain Kendrick denied it. Subsequently a close intimacy continued ; interviews were frequent ; American officers were companions and witnesses for the Spaniards in all their transactions with the English ; Mr. Coolidge took charge of one of the prizes for a trading cruise, presumably on joint account. Captain Gray willingly carried the captive men and stores to China ; the Americans became later most friendly witnesses in defence of Martinez's acts. It by no means follows, however, that the Americans took any dishonorable advantage of the quarrel. Their own interests and duty to their owners required them to get rid of rival traders and to secure Spanish protection for their own enterprise : legally, the Spaniards were prima facie in the right, and their opponents in the wrong ; and I know of no reason why, under the circumstances, sympathy should have been contrary to interest. Individually, and in the disposition of property, there may have been instances of dishonorable action on the part of both Americans and Spanish ; Vmt the testimony is not sufficient for a conclusion on that point."

ELISA SUCCEEDED MARTINEZ. Nootka, after the recall of Martinez in 1791, was placed in charge of Commander Elisa, who had a fort built and the old fortification restored. When Captain Kendrick returned from his trip to China he landed in the north at Barrel Sound, Queen Charlotte Island. There he had a skirmish with the natives. He repulsed them, killing a large number and carrying away their furs. Coming south to Nootka he appears to have fallen into disrepute with the new commander, as after reaching his old anchorage some distance along the cove beyond the fort, he was ordered not to trade or anchor in Spanish ports. He obeyed and left next morning, by the northern passage, with his cargo of eight hundred sea-otter skins, preferring not to risk a second exposure to the guns of the fort.

KEXDRICK PURCHASES LANDS. He proceeded to Clayoquot where he procured an additional number of skins, and is said to have purchased large tracts of land in the Nootka region from the chiefs Maquinna and Wicananish. Bancroft, in a foot-note of considerable length, gives a list of the deeds. The areas of land embraced in them were estimated to include about 240 square miles (153,600 acres). Those purchases or grants from the natives were never realized or acted upon, although as late as 1840 the subject was revived and brought before Congress, but without any satisfactory results to the heirs of Kendrick. SURVEYS OF 1793. After spending the winter at the Sandwich Islands as he proposed, Vancouver returned to Nootka in the spring of 1793. He only remained there three days. The Chatham was then commanded by Peter Puget, who was promoted from the third lieutenancy of the Discovery to nil the vacancy caused by Captain Broughton's absence as special envoy to London. No despatches having arrived for Vancouver, he proceeded on a northern cruise to continue his survey along the mainland, from where it had been discontinued the former season. The Spanish occupants at Nootka had passed the winter in erecting a small fort on Hog Island, on which they mounted eleven guns 9-pounders. An earthquake is recorded to have taken place there on the 17th of February. In May, Fidelgo was succeeded in his command by Alferez Ramon Saavedra, who arrived from Sari Bias in the San Carlos, whicli replaced the Princessa.


THE FUR TRADE ALONG THE COAST does not appear to have been as brisk in 1793 as in 1792. Several British vessels, however, were seen by Vancouver during his summer's survey. The islands and the wonderful inlets and canals of the mainland were carefully surveyed. A complete chart of these islands and of the east side of Queen Charlotte Island was made, and as the Discovery and Chatham returned south by the west or outside of the island, Captain Vancouver had an opportunity of taking correct bearings. He arrived at Nootka on the 5th of October, and was received by Senor Saavedra, in charge of the port, with usual ceremonies and salutes. As no despatches had arrived from England for him, after three days he sailed for Monterey, en route to the Sandwich Islands to winter there.


SINCE TIME BEGAN : salus populi suprema est lex - the right of the people is the supreme law : IN TRUTH WE TRUST