No. 10, Executive

In a Despatch to Secretary Sir John S Packington [Pakington] dated
the 9th December last, I had the honor of submitting for the
information of Her Majesty's Government that certain American citizens,
had set up a claim to the Islands on the Canal de Arro, on behalf of the
United States, and that it was my intention to assert the sovereignty of
Her Majesty the Queen to all the Islands of the Arro Archipelago, lying
to the westward of Strawberry Bay (Cypress Island), as named by
"Vancouver," situated in "Vancouver Strait," the usual ship channel from
the Straits of Juan de Fuca 
into the Gulf of Georgia, which has always
been considered the boundary between the possessions of Great Britain,
and the Territories of the United States.

2. Having received no reply to that, or any of my subsequent
communications to Her Majesty's Government, in consequence I suppose of
the non arrival of the ship "Colinda," bound to this port, by which the
Secretary of the Hudson's Bay Company, in a letter transmitted by the
way of Panama informs me that five packets from the Colonial office had
been forwarded.

*

I nevertheless beg to apprize your Grace that I have acted in
accordance with the views above expressed; and have succeeded in
defeating every attempt made to pre-occupy the Arro Islands, through the
agency of American squatters, so that those Islands still remain a de
facto dependency of Vancouvers Island, unoccupied by any settlement of
whites, except a fishing station, which was established some years ago
by the Hudson's Bay Company, on the Island of San Juan.

3. If I may take the liberty of referring your Grace to
Arrowsmiths improved map of Vancouver's Island, you will observe that
the three principal Islands of the Arro Archipelago, "San Juan,"
"Lopez," and "Orcas," are of considerable extent, and I may add from my
own knowledge that they are exceedingly valuable, not only on account of
their relative position to Vancouver's Island, but also from the fact
that their shores and Inlets, abound with Salmon and other fish, which
form a productive export, and inexhaustible source of wealth.

They contain a great extent of arable land, are capable of
supporting a large population, and form an appendage of incalculable
importance to this Colony.

4. In reference to their geological structure the most southerly
Islands of the Archipelago, are chiefly composed of Trap or Greenstone
but sandstone and other strata, similar in character to those found in
the Coal District of Nanaimo, mark the more northerly Islands as
belonging 
to the same geological series.

Some fine specimens of serpentine and auriferous quartz have also
been found there.

5. According to the intention expressed in my said Despatch to Sir
John S Packington of the 9th December last, I shall proceed to lay
before your Grace the grounds which led me to assume without positive
instructions on that head, that the Islands of the Archipelago de Arro,
did of right belong to Her Majesty the Queen.

I was led to take that view of the question by a fair construction
of the Oregon Treaty which defines the territorial limits of the
contracting Powers on this coast; the common opinion of the day; and the
maps published in both countries exhibiting the boundary line in the
middle of "Vancouver Strait," the only direct channel which connects the
Gulf of Georgia with the Straits of Juan De Fuca.

6. The first article of that Treaty, declares that the line 
of boundary

shall be continued westward along the said forty ninth parallel of north
latitude to the middle of the Channel, which separates the continent
from Vancouver's Island and thence southerly through the middle of
said channel, and Fuca Straits to the Pacific Ocean, provided however,
that the navigation of the whole of the said channel and Straits, south of the forty ninth parallel of latitude remain free and
open to both parties.

The letter of the Treaty clearly implies the existence of a
navigable channel, extending from the point in the Gulf of Georgia,
where the westerly line ceases, to the Straits of Juan De Fuca, and also
declares that the said channel runs in a southerly direction.

8. On that head I wish to observe that "Vancouver's" Chart, to
which I beg to refer your Grace, shews that no navigable channel,
leading from the Straits of Juan De fuca, into the Gulf of Georgia, was
known to exist when the Treaty was made, neither had any channel, which
can be safely navigated by sailing ships, been 
discovered, even to this
day, except "Vancouver Straits," which up to this hour, is the route
invariably taken by sailing ships, bound to and from the Gulf of
Georgia.

9. The Treaty also declares that the boundary line shall run,
"thence," (i.e. from the middle of the Gulf of Georgia),"
southerly, through the said channel." The chart will here again
shew that none of the passages, in the Arro Archipelago, run continuously
in a southerly direction, and that no other outlet, from the Gulf of
Georgia, answers the description given of the channel, through which the
boundary line, was to be carried, except "Vancouver Strait."

10. The Treaty moreover provides,

that the navigation of the whole of the said channel and straits
(of De Fuca), south of the forty ninth parallel of latitude remain free
and open to both parties.

I would observe in respect to that article that there could be no
object for leaving the navigation, of the "whole" of the Straits of Juan
De Fuca, as far east as
Whitby Island and Deception passage, free and
open to British Vessels, unless it was intended, that "Vancouver
Strait," should be the boundary Channel, and I cannot suppose that any
other consideration would have induced the American Plenipotentiary, so
tenacious on all other points affecting the interests of his country, to
make in that instance an important concession in favour of British
commerce, a concession affecting the navigation laws of the United
States; by throwing open a large extent of the American coast to British
Vessels; without any real or apparent necessity, arising from the nature
of the navigation, and without securing thereby, any reciprocal
advantage for his own country.

11. In respect to the evidence derivable from public opinion, we
who have lived almost on the spot, have ever believed that
Vancouvers Strait, is the sure line of boundary, between the two countries, and as
a proof that we are not alone in that opinion, I herewith transmit a Map
of the Arro Archipelago, being a section faithfully copied from a

Map of Oregon and Upper California, from the surveys of John
Charles Fremont, and other authorities, drawn by Charles Preuss,
under the order of the Senate of the United States
Washington City 1848

on which the boundary line is carefully traced, exactly as your Grace
will observe on the section, through the middle of "Vancouver Strait"
into the Gulf of Georgia. The original map is now in my possession and
may be consulted if necessary.

12. "Vancouver Strait" is thus shewn to be the only channel,
answering to the description given of the boundary channel, in the
Treaty—being a navigable channel—running southerly—and from its
position requiring for the safety and convenience of the vessels
frequenting it, the free navigation of the whole of the
Straits of Juan De Fuca, and the description is applicable to no other channel in that
quarter.

The Map published at Washington City in 1848, under the orders of
the Senate also shews that "Vancouver Strait," was supposed to be the
boundary channel, by the highest authority in the United States.

13. The question of right appearing thus clearly in favour of the
claims of Great Britain, I conceived it my positive duty to assert them,
and I was also influenced in coming to that decision, by another
pressing consideration that "Vancouver Strait," is the present navigable
outlet from the Gulf of Georgia, and without it, that noble inland sea,
bounded on every side by the Territories of Great Britain, would be in a
measure, sealed to British commerce.

14. I also have the honor of transmitting herewith a section
embracing the Territory herein described, of "Vancouvers chart," of the
north west coast of America, shewing the route 
taken by the vessels
under his command, into the Gulf of Georgia, which will further
illustrate the hints I have herein taken the liberty of submitting for
your Grace's consideration.