James Madison Papers
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To James Madison from Benjamin Joy, 28 November 1816

From Benjamin Joy

Boston 28th Novr 1816.

Sir

In accordance with the wish you expressed to me when at Washington, for information respecting Capt Kendricks purchase of Lands from the Indians on the North West coast of this continent,1 I have been making search among the late Mr Barrells2 papers for proof of that purchase; and altho’ the Deeds are not found, there is ample proof of their having been duly made & recorded in Massa. Some circumstances relative thereto I have this day transmitted to the Honble Secretary of State; presuming that the line in wch you would wish them to go.3 With the highest sentiments of respect, I would subscribe myself your Obdt Servt

B: Joy.

RC (DLC: Rives Collection, Madison Papers). Docketed by JM.

1John Kendrick (ca. 1740–1794) was captain of the American vessel Columbia on the voyages it made to the Pacific Northwest and China between 1787 and 1793. His orders stipulated that if he made “any fort or improvement of land” on the Pacific coast, he should be sure to purchase “the soil of the natives” and that “it would not be amiss” to purchase “some advantageous tract of land in the name of the owners” of his vessel. Kendrick subsequently “purchased of the natives five tracts of land” in July and August 1791, albeit in his own name rather that of his employers. He forwarded these deeds to the State Department on 1 Mar. 1793 (Boyd, Papers of Thomas Jefferson, 25:307–8; Frederic W. Howay, ed., Voyages of the “Columbia” to the Northwest Coast, 1787–1790 and 1790–1793, Collections of the Massachusetts Historical Society 79 [Boston, 1941], 111–12, 472). Copies of Kendrick’s deeds were published in the 13 Jan. 1840 “Memorial of Charles Bulfinch, et al.” to the U.S. Senate and House of Representatives (H.R. Doc. No. 26–43, at 9–11 [1840]).

2Joseph Barrell of Boston was the principal merchant in the consortium that sent the Columbia on its voyages to the Pacific Northwest (Howay, Voyages of the “Columbia,” vi–vii, 97 n. 4).

3On 28 Nov. 1816 Joy wrote to James Monroe from Boston (3 pp.; DNA: RG 59, ML; cover docketed by Monroe and by JM) as follows: “In consideration of a desire expressed by the President that search should be made for proofs of Capt Kendrick having purchased Lands of the Indians on the North West coast of America, I have examined Mr Barrells papers and made inquiry of several persons who have been on the Coast all which proves in the most satisfactory manner that Capt Kendrick did make several purchases of the Indians of Lands on that Coast for the owners of the Columbia & Washington whose Vessels were under his command. Capt Kendricks letters, and those of Mr Howell, who was with him until he died and who took possession of all his papers deeds &c, explicitly declare that Capt Kendrick made several purchases of Lands from the Indian about Nuska [Nootka] Sound & for a distance of four degrees & that these were regular deeds drawn up & signed by a number of Indian Cheifs conveying those lands to the owners of those Vessels. These facts are corroborated by the evidence of several persons now here, some of whom were present, as they state, when possession was given to Capt Kendrick by the Chiefs & who saw the deeds & heard the Indians acknowledge that they had sold large tracts of Land to Capt Kendrick, and afterwards say that they never had sold Lands to any other persons. The Lands were taken possession of with much formality, the American flag hoisted a Bottle sunk in the Ground &c & many chiefs present at the ceremony.

“From a variety of circumstances the deeds for the above lands never reached this place. Mr Howell, who had them in possession, after the death of Capt Kendrick writes from Massa in 1796 to Mr Barrell, in reply to a letter of Mr Barrells, in wch he requests him to send forward the deeds, says that he then has the deeds, that they are recorded there by a Notary Publick & Triplicates made out & that the originals shall be sent forward. As late as May 1798 Mr Howell writes Mr Barrell from Mannilla that ‘he is in daily expectation of his papers and among them the Deeds of the Lands on the North West Coast you shall certainly have them transmitted.’ The Officer of the Ship Columbia who first landed & by orders of his Commander took possession at Columbia river is now here & recollects all the circumstances of hoisting the american flag, planting some New England pine tree shellings under a tree naming the river after the Ship & the two Capes the one Handcock the other Adams &c. He well understood the language of the natives & explained to them his doings.

“It is believed that deeds of this Land was registered in the Consulate at Canton as Coln Perkins thinks he saw them there in the hands of Mr Randall the vice Consul. Should the Government deem it proper to make further inquiry into this business, much evidence can be procured here to substantiate the above statement and the owners are taking means to procure from China, or from Bengal, where Howell is supposed to have died, the original Deeds or authenticated copies of them, they are desirous of giving all aid to the Government. I would with due diffidence submit to your consideration whether the best way of obtaining well authenticated evidence would not be to require Judge Davis of this District, who from his disposition to make researches into such things, is better qualified than perhaps any person here, to make the inquires wch may be thought requisite by Government. I do not propose this to avoid trouble; feeling myself bound to render any services in my power. I shall gratefully receive your commands.”

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