Two Seized Ships
A Sailing ship in a bottle, from early 1900’s
In late November or December of 1851, the HBC suffered from having two more ships seized by the American customs agents, as I told you in my last post, found here: https://nancymargueriteanderson.com/seizure-at-puget-sound/ And if you look at the comment at the bottom of the last page, you will see links to two articles on the seizure of the HBC steamer Beaver and Mary Dare. These are the articles that the story written by authors Arthur Beardsley and Donald McDonald were based on.
I think the first things I need to do is tell you who Captain Stuart, the man now in charge of the steamer Beaver, was. He had recently arrived at Fort Victoria, having brought in the London ship Una, which delivered goods and settlers to Fort Victoria. As Captain Charles Dodd, the current commander of the Beaver, was retiring from the company, Chief Factor James Douglas put Stuart in charge of the Beaver, and Captain James Sangster in charge of the Una. Captain William H. McNeill took Stuart on a tour around the territory in the Beaver, showing him some of the dangers to be avoided and teaching him how to run the Beaver. Douglas was impressed by Stuart, who was still a young man. “In point of temper, youth, and robust health…Stuart was better qualified for that important station than any other Officer at my disposal,” Douglas said. The important station he was talking about was, of course, the command of the soon-to-be seized ship, Beaver.
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This is what Bruce McIntyre Watson, author of Lives Lived West of the Divide, says about Captain Charles Edward Stuart [whose name is sometimes spelled Stewart.] He was born in Bristol, England, in 1817, and had been 1st mate on the Columbia in 1842-3; first mate on the Cadboro, 1844-45; 1st mate on the Vancouver, 1845-1848; Master of the Una, 1849-1851; and Commander of the Beaver steamer in 1851-1852. Once this situation was cleared up (or at least when he safely reached Fort Victoria), he continued to command HBC ships, and ended his career as clerk at the post at Nanaimo in 1859. He died off Sangster Island, in British Columbia, in 1863, on board the sloop Red River (which wasn’t an HBC ship so far as I know.) Did you notice that he died off an island that was named for another sea captain?
So Stuart was already familiar with the coast, to a degree, although not familiar with the Beaver. Nor was he familiar, it seems, with the laws in Oregon. But then again, none of the HBC men knew what the laws would be: after all, Chief Factor John Work and Chief Trader W. Tolmie accompanied the Beaver from Fort Nisqually to the customs agency in Olympia in 1851, when both the Beaver and the Mary Dare were seized.
Here is how William F. Tolmie described the arrest of the steamer Beaver and the Mary Dare, in his letter to the London Committee, written December 22, 1851.
On anchoring, three miles below Olympia, on the morning of the 28th, the Beaver was boarded by a Mr. Evans who represented himself as Deputy Collector of Customs, and, after sealing the hatches and leaving an Inspector on board, proceeded to perform the same duty on board the Mary Dare. Before Mr. Evans left the Steamer, Captain Stuart distinctly informed him that some of the Steamer trade goods were on board, but that there would be nothing to land except Miss [Rose] Birnie’s baggage and the few things belonging to Mr. Work’s family. The Captain also stated that the Steamer had been sent to Puget’s Sound for the purpose of towing the Mary Dare up and down and that both vessels were to have a return cargo of live stock from Nisqually. Desirous of having the vessels cleared with all possible dispatch I went to Olympia on the night of the 28th and saw the Collector Mr. S.P. Moses to whom I made known the landing of the passengers and other matters necessary for him to be acquainted with…
On Sunday the 30th November there was of course no business transacted, but we indulged in the pleasing anticipation of getting clearance early on Monday, and proceeding to Nisqually the same day. We never supposed that any part of our previous proceedings would have involved us with the Custom House authorities, having ourselves made known to Collector Moses at the onset, the very information on account of which he afterwards seized the Beaver and he, when apprised of having appeared to regard as matters of little moment, and to be perfectly satisfied that all our infringements of the strict letter of the law, had arisen solely from ignorance and not in the slightest degree from any desire or endeavour to defraud…
In one of the reports in the last blogpost, it seems that the Customs Inspectors thought it suspicious that the HBC ships were anchored three miles away from the Customs House.These two ships were large ships and they were in tidal waters — no good captain would have anchored close to a smaller or even a similar sized ship. Three miles away from Olympia sounds reasonable to me (depending who else was anchored there), but the articles I read make it appear as though anchoring so far away from Olympia was next thing to a criminal act.
So let’s continue figuring out what happened and when, with information taken from the Fort Nisqually Journals. It’s a good start, and I will intersperse additional information into this listing when I find it.
Fort Nisqually Journals, January 6, 1852: “In the evening Mr. Sinclair arrived from Olympia for a supply of beef. Mr. S says that Judge Strong arrived yesterday at Olympia.” Judge William Strong was appointed Associate Justice of Supreme Court of Oregon Territory in 1849, and for a while he lived next door to my g.g.grandfather James Birnie at Cathlamet. That is probably how he came to defend the HBC. However, the clerk at Nisqually was incorrect when he stated that Strong had reached Olympia (see below). The constant rainfall made the roads over the Cowlitz Portage too wet and muddy for horses to travel them, and no one could get anywhere. Nevertheless, on January 11, the Indigenous man who had accompanied Tolmie to Fort Vancouver returned to Fort Nisqually, on foot from the Cowlitz, carrying a packet of letters.
Finally, on January 17, 1852, “Dr. Tolmie returned from the Columbia. [He had left Fort Nisqually for Fort Vancouver on December 15, 1851.] Judge Strong & the Company’s & U.S. lawyers accompanied him as far as where the road leads to Olympia.” From other sources, I find that Dr. Tolmie also planned to leave Fort Vancouver again on January 5, 1852, according to John Ballenden’s letter to the London Committee, in which he said, in part:
I regret to say that from the distance of the residences of the Judge and other legal authorities from the post of Nisqually, & the consequent difficulty of getting them assembled at this season of the year, when the roads are almost impassable, nothing farther has been done since I had the honor of addressing you… Dr. Tolmie will leave this place for Nisqually on Monday [January 5] and will be accompanied by Judge Strong, the Attorney General, the Marshall of the County, and our legal adviser Mr. Marye. Measures have also been taken to secure the necessary Bonds. There is little doubt the vessels will be set at liberty on Bond a few days after these Gentlemen reach the Post.
So, Tolmie may have left Fort Vancouver on January 5, as planned, or he may have left it later, when everyone finally got there. He may or may not have travelled all the way to Olympia with the Judge and the lawyers. (I think he probably did.) But he did arrive at Fort Nisqually on January 17, 1852. From the Fort Nisqually Journals, January 19: “Dr. Tolmie accompanied by Mr. Work set off by canoe for Olympia to be present at investigations concerning the Company vessels.” In his letter dated January 20, 1852, to the London Committee, Chief Factor John Ballenden wrote:
On the 9 current [January] I received a letter from Dr. Tolmie informing me of the release of the brigantine Mary Dare on a bond for Thirteen thousand dollars granted [guaranteed?] by Dr. Tolmie, as agent for the Company, and Messrs. [Archibald] McKinlay and [James] Birnie: and he also informs me that it does not appear, by the communications addressed to Judge Strong by the Collector, that the Beaver had been seized, or even libelled, as security for payment of the fines said to have been incurred by Captain Stuart. A careful perusal of the papers sent by last mail, particularly Mr. Moses’s letter to C.E. Stuart dated 20 December 1851 will show you at once the spirit by which this man seems to have been actuated. Mr. Judge Strong, the District Attorney Mr. [David] Logan, and our legal adviser Mr. Marye, accompanied Dr. Tolmie up the Cowlitz River, since which time I have had no communication from either… John Ballenden.
So it was my g.g.grandfather, James Birnie, who with Archibald McKinlay and William Tolmie guaranteed the bond for the release of the Mary Dare. James Birnie was “making money fast” at his Cathlamet store now that he had retired from the HBC in 1846. Archibald McKinlay was also now a storekeeper in the Willamette somewhere, and probably at this time Thomas Lowe and A.C. Anderson (and others) were his partners in the operation.
But how did John Ballenden receive a letter from Tolmie that informed him of the release of the Mary Dare on January 9? Did Tolmie travel straight for Olympia, while his Indigenous guide carried the letters on to Fort Nisqually? If he left Fort Vancouver as planned on January 5 [see Ballenden’s letter above], that is possible, I guess. But for Ballenden to get a letter from Tolmie re the release of the Mary Dare on January 9, 1852, is quick work, indeed! But that’s what the letter says. Did Ballenden mean January 19? Or is that my typo, or my just not being able to read the microfilm? Both are possible. Let’s see if I can find anything to support this date.
And here is the confirmation of Ballenden’s receiving the information from Tolmie that the Beaver and Mary Dare have been released, in a letter written to the London Committee on February 3, 1852 — we can ignore the above statement as it seems to be not true.
I have this moment received a letter from Dr. Tolmie from which I am happy to learn that the Mary Dare and Steamer Beaver are both liberated and were to start for Fort Victoria on or before the 30th January. The Steamer Beaver has been considered by the Court as not liable for the fines and penalties said to have been incurred by the Captain: but the Mary Dare has been released on bond… The sole cause for the seizure of the Mary Dare is her having a package on board containing 230 lbs. of refined sugar instead of 600 lbs, as regulated by the Law. The trading goods on board the Steamer Beaver have all been seized. They were appraised at Olympia at $691… and liberated on bond for double their value. These goods before landing or seizure were reported by Captain Stuart to the Collector, as being on board his vessel for the purpose of trading along the N.W. Coast, altho’ not included in his Manifest. For this omission, a fine was imposed upon the Captain. He was also fined for landing Mr. Work’s family and Miss Birnie at Nisqually before proceeding to the port of entry, and a third fine was imposed for not reporting his vessel within twenty four hours after his arrival in Port. Rather than meet the consequent trial and the alleged offence being personal and totally unconnected with the company’s business, he started off for [Fort] Victoria in a canoe before an arrest could take place…
So Captain Stuart did flee the region in a large canoe! From the Fort Nisqually Journals, January 21: “Early this morning Captain Stuart arrived from Olympia, the bearer of a note from Dr. Tolmie desiring that a canoe should be got ready immediately for Captain Stuart, who had been advised by the Company’s lawyer, Mr. Maire [Mayre], to fly and make the best of his way for Vancouver’s Island, as he would in all probability be brought in liable for all the fines attached to the charges against the steamer Beaver, in accordance with which a canoe & 10 hands, Cowie for one, were got ready and Capt. Stuart set off at 8.30 am taking with him a packet of letters.” Well, there are no Fort Victoria journals, and no Fort Victoria Letters either, to tell us when he arrived at Fort Victoria.
And the next day! January 22: “This Afternoon at half past one arrived with a warrant for the apprehension of Captain C.E. Stuart, Mr. Poe, temporary Marshal, & several other Americans. They searched the buildings about the Fort, but as a matter of course they could not discover him, they had been a long distance down the sound. Mr. Poe says that had Stuart remained he would have been let off with a comparatively small fine, but now they intended detaining the Steamer until he should make his reappearance. No news from Dr. Tolmie.” Good heavens!
January 23: “The canoe which conveyed Messrs Tolmie & Work to Olympia, returned this morning bringing a note from Dr. Tolmie, stating that the Beaver & Mary Dare would arrive at Nisqually tomorrow.” I am sure this is not the end of it all.
January 25: “This afternoon Messrs. Tolmie & Work arrived in the Steamer. The steamer is entirely clear. The Mary Dare has been released on bond, the charges against her are to be settled at Washington [DC]. Messrs. [Archibald] McKinley & Bunce [James Birnie] having given bond for her appearance when called for.”
Over the next few days the HBC men cleared out the beach storage house and filled it again with product from the Mary Dare. Then, on January 29: “After dinner the carts returned to the beach, but were hindered from loading by Inspector Miller who told Thornhill that he (Mr. Miller) had taken charge of the Store & all that was therein, and he could not allow them to take any thing out, in consequence of which the wagon & cart returned empty. Dr. Tolmie not being in the way, [I] rode down & requested Mr. Miller to give me his reasons for stopping out me[n] from their work, he replied he would give his reasons only to Dr. Tolmie, he being consignee. I then requested him to place the government seal upon the Store Door, and deliver up the key to me, but he would do no such thing. A 5 o’clock in the evening Dr. Tolmie arrived at the beach and had an explanation with Miller, who said that he had taken possession of the Store on account of their been landed from the Mary Dare three dozen of scythes and there being only one dozen on Manifest & Invoice. Dr. Tolmie informed Miller that he had no right to seize the Store, but only the Scythes & referred him to the law for proof, upon looking over the law, he found the Dr. was correct, whereupon he gave up the key of the Store & took possession of the scythes — half a day’s work lost to wagon & oxen & horse & cart on account of the above foolish transaction.” The HBC clerk was not impressed!
February 2: “W.F. Tolmie on signing a Custom House paper preparatory to landing 306 lbs of leaf Tobacco, part of the Steamer’s trade goods, made a note on said paper of which the following is a copy. Said leaf Tobacco having been seized on board said Steamer Beaver by S.P. Moses, Esquire., Collector of Customs, along with other goods used on the N.W. Coast of America, North of Lat 49 degrees, in the Indian trade and which had inadvertently been retained on board the Steamer by Captain Stuart, when directed to proceed from Port Victoria to Nisqually with the Mary Dare in tow. All said goods have been refused in bond, and the leaf tobacco excepted are now on board the Steamer for exportation.”
February 5: “Finished loading Beaver and commenced at Mary Dare. All hands employed loading. 59 Quarters of beef shipped on board Mary Dare for consumption at Victoria.”
February 6: “Forty seven head of horned cattle on board the steamer & 30 head on board Mary Dare, besides several horses and above 70 sheep. They left the Nisqually anchorage ground late in the evening. Mr. Work and family going as passengers. Mrs. Ross also has gone in Mary Dare as passenger. [This will be the wife of Chief Trader Charles Ross who died at Fort Victoria in 1844]. She intends residing at Victoria. A letter arrived this evening from Collector Moses requiring that the trade goods should be left on shore, although previously a clear & distinct understanding existed between Dr. Tolmie & Mr. Moses that they should be sent out of the country. The goods were landed before the Steamer departed. Last Monday a grand meeting was held at Steilacoom to talk over the conduct of Mr. Moses in the late seizure affair, it was unanimously agreed that Mr. Moses had done his duty and deserved the thanks of his fellow citizens, but that certain other public officers had been bribed, alluding to Judge Strong. They were also very fierce against the Company.”
One of the most interesting things I discovered about this entire story is this: that in December 16, 1851, James Douglas told Earl Grey, the Secretary of State for the Colonial Department, that the arrest of the HBC ships at Fort Nisqually “caused an intense excitement among the people of this Colony, and I had some difficulty in preventing a forcible demonstration, on their part, for the rescue of the vessels, which had been sent to Nisqually principally to bring down Cattle for the supply of the Colony.” The Colonists were ready to go to war with the Customs agents at Olympia! I wonder how that would have worked out?
Anyway, at the same time that Tolmie sent Stuart home in a big canoe (above), he also wrote:
By the same conveyance I have learnt that the excitement at Nisqually & to the north of the Columbia respecting the gold found in Queen Charlottes Island is very great. To the south along the Willamette River it is a perfect fever. At Portland alone they are endeavouring to collect about 100 armed men to proceed to the Island, set the Indians at defiance & commence working the Mines. The news will reach San Francisco in a few days, and many idle persons will be found there ready to embark such adventure…
Did you know there was a gold rush on the Queen Charlotte Islands in 1852?? Yes indeedy, there was. And it did not work out the way the Americans wanted it to.
Copyright, Nancy Marguerite Anderson, 2025. All rights reserved.