Ontario. Legislative Assembly.

Correspondence, papers and documents, of dates from 1856 to 1882 inclusive, relating to the northerly and westerly boundaries of the province of Ontario online

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the doubts that have been raised by the people of Canada, as to the extent of the terri-
tory to which the Company are entitled under their Charter, we shall be prepared to
lecommend to our shareholders to concur in the course suggested. At the same time,
you will not fail to see that other interests than those of the Company may be involved
m the enquiry, as there are many persons, not now members of the Company, who have
acquired by grants from the Company, or otherwise, a title to large portions of the land
in question.

Assuming, however, that the object of the proposed enquiry is to obtain for Canada
land fit for cultivation, and the establishment of agricultural settlers, I would observe, that
the Directors are already pi'epared to recommend to the shareholders of the Company to
cede any lands which may be required for that purpose. The terms of such cessions
would be a matter of no difficulty between Her Majesty's Government and the Company.

The Board, having in view the present condition of the enquiry before the Committee
of the House of Commons, and the agitation which prevails on the question in Canada,
are desirous of availing themselves of the opportunity your letter affords, to state clearly,
for your information, the principles which will guide them in their future proceedings.

• Book of Arbitration Documents, p. 391. It ii there stated that the original is in Department of Seo-
iftary of SUte at Ottawa.

t [This Proclamation, as weU as the Imperial Order in Coonoil on whioh it is founded, have these words
not contained in the Statute : "including all the territory to the westward and southward of the said line
to the utmost extent of the country commonly called or known by the name of Canada."— G. £. L.]

:tSess. Papers, Can., 1S69, YoL 17, No. 7.



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48 POSITION OF THE HUDSON'S BAY COMPANY IN 1857.



The Board will be ready to bow to any decision which Her Majesty's Govemment
may consider it for the public interests to take with regard to the maintenance or abolition
of the exceptional rights and trade of the Hudson's Bay Company, relying confidently on
the justice of Her Majesty's Government, and of Parliament, for just compensation to
the present stockholders, and a due consideration of the claims of Uieir factors, traders,
. And servants in the Indian country, if the time shall have arrived in the opinion of Her
Majesty's Govemment for the abolition of the monopoly.

The present holders of the capital of the Company, 274 in number, are of the usual
4;lass of persons holding stock in other chartered companies, who have invested their
money on the faith of the Company's Charter, and in confidence of the permanent char-
acter of their rights and property, and are in general indifferent to any other question in
the present discussion than the security of their capital and dividends.

The situation of the factors, traders, and servants of the Company is described in the
^evidence taken before the Committee. As no change in the condition or settlement of
the country could well be carried into effect without their willing co-operation and assist-
Ance, their just claims must be considered in any new arrangements to be submitted to
Parliament.

As respects the Board of Directors, of which I have the honour to be Chairman,
their situation is peculiar, and their future conduct must be guided by the disposition of
Her Majesty's Government to support them in the future administration of their a&irs.
"They have been rewarded so far, since the union of the Hudson's Bay and North-West
•Companies, by the success of their tUiministration, as proved not alone by the results of
their trade, but by the condition in which they will leave, if they now retire, the govem-
ment of the whole Indian Territories entrusted to their care, as well as by the express
approbation of every succeeding Secretary of State for the Colonies for the last thirty-
«even years.

Looking to the future, they will only consent to undertake the future charge of the
Indian Territories, which would devolve upon them on the renewal of the license, on the
faith of being firmly supported by Her Majesty's Govemment in maintaining their
present establishments in full efficiency. It would be inexpedient, in their opinion, to
«nter upon a new and further term of their administration without the fullest and most
49xplicit assurance of that support. The Directors have always considered that the settle-
ment of 1821 was sanctioned by the Government and the Legislature, and the monopoly
of the Hudson's Bay Company then re-established and extended, quite as much, if not
more, as the best instrument the Government could employ for the administration,
security, and peace of the Indian country, as for the advantage of the parties whose
interests were united by that settlement. These parties and t^ese interests have been
long since replaced by others, and are now represented by the preftent holders of the stock
tof the Company.

We do not consider any further legislative measures necessary at present for the
jgovemment of the Indian Territories. The powers under the Charter have hitherto
proved sufficient for the ordinary purposes of administration, and the Govemment have
full powers, under the Act of 1821, to appoint Justices and establish Courts, independent
/)f the Company, when and where they shall think it expedient. All new establishments
of this description will create expense, which must be paid by this country or by Canada,
as neither the Red River Settlement nor the Indian country have taxable means for the
purpose.

We beg to be allowed to add the expression of our opinion, that in whatever arrange-
ments which may now be made for the future govemment of the country, any mixed
Authority or combination of agents appointed to act with those of the Company will
only weaken an administration which it is essential to strengthen in the present state of
«ffiurs.

No competent persons would be found to abandon civilized life to accept such situa-
tions, with such salary as will be found reasonable; and if they could be found, the
probability is that the want of sufficient occupation will soon engage them in antagonistic
discussions with one another, not conducive to the general order or cordiality of the small
4X>mmunity whose affikirs they will be sent to direct



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INSTRUCTIONS TO DIRECTOR OF RED RIVER EXPLORING PARTY, 1857. 49



The Board is willing to remain ^in the exercise of its present functions, to concur in
any arrangements proposed by Grovemment or Parliament, which will not interfere
with or obstruct their power of independent management of the concerns of the Company;
and to give assistance and support to any magistrates appointed by the Government in
endeavouring to maintain the present undisturbed state of the Indian Territories. But
they will decline to undertake a divided administration of carrying on the govemmeni;
of tiie country, under the exceptional circumstances of the case, unless assured of the same
cordial and unhesitating support from Her Majesty's Government which they have hitherto
enjoyed.

I have, etc.,

John Shepherd,

Governor,
The Right Honourable Henry Labouchere, M.P.



iHaTRUCTiONS TO Mr. Gladmak, Ohief Director op the Party enoaoed, under
Authority op the Government of Canada, in the Exploration op the

Ck>UNTRY between LaKE SUPERIOR AND THE ReD RiVER, AUTHORIZED BY

Order in Council op 18th July, 1857.*

Secretary's Office,

Toronto, 22nd July, 1867.

Sir, — I have the honour to acquaint you that, confiding in your integrity, judgment
and energy, together with your acquaintance with the Red River Territory, your
knowledge of the communication with that country, and with the tribes of Indians
which traverse it, His Excellency the Administrator of the Government has been pleased
to appoint you to the chief direction and control of the party about to be sent there.

The party organized consists of the following :

Mr. Gladman, Chief Director and Controller of the expedition, and his assistant.

Professor Hind, Geologist and Naturalist, and his assistant.

Mr. Napier, Engineer, with his assistant and staff-men ; and Mr. Dawson, Surveyor,
▼ith his assistants and chain-men.

Also, such voyageurs or canoe-men as in your judgment may be necessary, the
probable number of canoes being assumed at four, with four voyageurs in each ; such
men to be selected with a view to their being capable of assisting the engineering and
surveying branches of the expedition, as axe-men, etc., when required.

The primary object of the expedition is to make a thorough examination of the tract
of country between Lake Superior and Red River, by which may be determined the
best route for opening a facile communication, through British territory, from that lake
to tiie Red River Settlements, and ^ultimately to the great tracts of cultivable land
beyond them. With this view the following suggestions are offered for your guidance,
so far as you will find them practicable, and supported by the topography.

In lie first place, after being landed at Fort William, to proceeid by the present
Hudson's Bay canoe route — by the ELaministiquia River, Dog Lake, Lake of the
Thousand Islands, etc. — ^to Lac la Croix, and thence by Rainy Lake, Lake of the
Woods, Winnipeg River to Lake Winnipeg, and up the Red River to Fort Glarry.

From Rainy Lake to Lake Winnipeg, the route as at present affords a good naviga-
tion for boats of considerable size, with the interruption, however, of some short portages:
but from Rainy Lake eastward to Lake Superior the route is very much interrupted,
and rendered laborious, tedious and expensive by the great number of portages, some
of considerable length, which have to be encountered to avoid the falls and rapids in the
ravines and creeks which this route follows

* Sest. Papers, Cml, 1868, Vol. 16, No. 3.
4

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60 INSTRUCTIONS TO DIRECTOR OF RED RIVER EXPLORING PARTY, 1857.



For the establishment of a suitable communication for the important objects aimed
at, it is believed that the construction of a road throughout, from some point on Lake
Superior, probably either at Fort William or at or near the mouth of the Pigeon River
to Rainy Lake, must be undertaken* To ascertain, therefore, at present, bj general
exploration, what the route for this road should be, whether in the vicinity of the
Hudson's Bay route, or by the line of country in which lies the chain of waters from
Rainy Lake to the mouth of Pigeon River, this question can obviously be only satis-
factorily determined by the difficult portions of both being tested instrumentally ; but in
either case, as the construction of such road would be a matter of time and much expense,
it is considered necessary that the portages, etc., of either of the routes above described
should be improved, so as to be made more available and facile, and to be auxiliary to
the works of the road by facilitating the transport of men, supplies, etc

To determine, therefore, the portages to be improved, and the best mode of doing so,
and whether the present reaches of canoe or boat navigation may not be further extended
by the removal of shoals or the erection of dams, will be points to which you will direct
the attention of the engineering and surveying branches of your party.

From Rainy Lake, by Lake of the Woods and Lake Winnipeg, to Fort Garry, as
before described, is now comparatively a good water communication, but very circuitous ;
and should the character of Rat River, which rises at no great distance from the Lake of
the Woods, and falls into the Red River above Fort Garry, be found susceptible of its
being made a boat channel, a saving probably of 150 miles in length might be effected ;
or on an exploration of the country through which that river flows, it may be found more
desirable to construct a road along it from Red River ; and -should this be so, the nature
of the communication between Red River and Lake Superior, eventually, would be about
100 miles of road from Red Riyer to Lake of the Woods, thenoe about 140 miles of water
communication to the eastern end of Rainy Lake, and from that point a continuous road
to Lake Superior of from 160 to 200 miles in length.

When you shall have reached Rainy Lake by the Hudson's Bay canoe or northern
route, it \a left to your discretion whether you should or not leave the engineering partj
with sufficient force to return and explore back to Lake Superior, the Southern or
Pigeon River route, while you proceed with the surveying party by Lake Winnipeg to
Red River, and return by Rat River.

All the members of the party, with the exception of the Geologist and his assistant,
are, it is understood, to winter on the expedition if required. The expediency of adopting
that course can only be determined by you some time hence ; but should you decide upon
so doing, you will, of course, take due precautions for the safety and comfort of the party,
and for their effective and profitable employment.

As director and leader of the party, you will govern all matters whatsoever connected
with the conducting and provisioning of it — the hiring, discharging and payment of men.
The lines to be explored, and the water examinations to be made will be determined by
you, on consultation with the gentlemen conducting the engineering and surveying
branches. Tou will also decide the times and places for separating the party or parties
and for their re-union. The Engineer and Surveyor have been instructed to afford you all
the assistance in their power, and have been informed that they are to consider themselves
under your guidance and direction. Any occasional additional assistance they may
require will be obtained through you, as well as all necessaries whatever ; but the con-
ducting of their immediate professional duties will, of course, be regulated by themselves.

At the very outset, it is important that you should regulate the number of fire-arms
that you may consider it necessary to take, which it is believed should not exceed six, —
one with the Director, one with the Geologist, two with the Engineer, and two with the
Surveyor. You will adopt, also, full precautions against any spirits, etc., of any
description being carried, except what shall be under your own sole charge and control,
and such as you may consider it necessary to have in case of illness.

With regard to the procuring of canoes, camp equipage, medicine, etc, etc., for the
expedition, it is not considered necessary, from your experience in such matters, to offer
any suggestions further than to draw your attention to some Crimean rations of pressed



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FINAL BEPOBT OF CHIEF JUSTICB DEAPBB. 51



Tegetables, now in the commissariat store, which occapy but little space, and a small
portion of which makes in a short time excellent soup.

In order further to give effect to your control and authority, a commission of
magistracy will be conferred upon you.

About the time of your reaching Rainy Lake, or at such period as you may deem
proper, you will send a messenger with despatches, reporting upon your progress, eta, etc.,
and whether you find it necessary or desirable to winter in the territory, eta

Finally, you will impress upon each member of your party that no communication or
information whatsoever, with regard to the progress or results of the expedition, are to
be transmitted, by writing or otherwise, except to the Honourable Provincial Secretary.

The €ui interim reports of the Geologist, Engineer, and Surveyor, you will enclose
▼ith your own, and transmit by the messenger above adverted to.

You will also peremptorily require that the weight of all personal effects taken by
eadk of the party, including that of the bag or leathern valise containing them, shall not
exceed ninety pounds.

E. Pabbnt,
AasiatarU Provincial Secretary,
George Gladman, Esquire, ^

-^ Port Hope, U. C.

[Here follow special instructions to Professor Hind, Mr. Napier, and Mr. Dawson
respectively, together with voluminous reports showing that the objects of the expedition
had been successfully attained. The papers also show that the explorations were continued
and extended in the following year under Messrs. Hind and Dawson. See Sess. Papers,
1858, Vol 16, No. 3. See also the letters to and from Sir Geo. Simpson, post, under
dates 14th and 23rd April, 1858, respectively.]



Final Report of Chief Justice Draper RESPEoriva his Mission to England.*

To Hie Excellency the Right Honourable Sir Edmund Walker Head, Baronet, Governor-
General, etc.

The following report is respectfully added to the various despatches and communica-
tions heretofore written by mef on the subject of my mission to England, having been
drawn up in the hope of presenting a connected statement of the proceedings — while for
elucidation and fuller details, I beg permission to refer your Excellency to all that has
been previously submitted by me.

The instructions of the 20th February, 1857, with which I was honoured, referred
to the leading subjects which subsequently engaged attention ; among them are the
following:

The duty of attending on the Parliamentary Committee, of watching over the
mterests of Canada by correcting erroneous impressions, and by bringing forward any
claims of a legal or equitable kind which the Province might possess on account of its
territorial position or past history.

This duty was limited by an express restriction to conclude no negotiation and
assent to no definite plan of settlement affecting Canada, without reporting the particulars
of the same, and the views entertained by me thereon.

The expediency of marking out the limits between the British possessions and the
United States, was strongly pointed out, from the importance of securing the North- West
territory against sudden and unauthorized intrusion, as well as of protecting the frontier

*SeaB. Papers, Can., 1858, YoL 16, No. 3.

t[With the exception of the extract from his letter of 12th June, 1857, which is given at p. 47, rniii^
Booe of these previoas despatches and communications appear to be in print.— G. E. L.]



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62 FINAL REPORT OF CHIEF JUSTICE DRAPER.



of the lands above Lake Superior, and about the Ked River, and thence to the Pacific,
so as effectually to secure them against violent seizure and irregular settlement, until the
advancing tide of immigration from Canada and the United Kingdom might fairly flow
into them, and occupy them as subjects of the Queen, and on behalf of the British Empire.

That any renewal of a license of occupation (if determined on at all) or any recog-
nition of rights in the Hudson's Bay Company should be guarded by such stipulations as
would prevent interference on their part with the fair and legitimate occupation of
tracts adapted for settlement.

The importance of Vancouver's Island, as the key to all British North America on
the side of the Pacific, was alluded to as being too sdf-evident to require any advocacy.

I lost no time after the receipt of those instructions in setting off for Europe. On
my arrival in London, on the afternoon of the 9th of March, I found that, owing to the
vote on the Chinese war. Parliament was about to be dissolved, and that the Committee
on the Hudson's Bay affairs and territory had held its last sitting on that day, and would
merely report the evidence they had taken, the enquiry being incomplete and insufficient
as the foundation of any report.

I certainly felt great momentary disappointment since I saw that my stay in London
would be thereby greatly prolonged. But a little reflection, and some information which
I obtained as to the course the enquiry had taken, soon brought me to view the delay as
likely to be an advantage, by affonling time that might be put to a very profitable use.

My first interview with the Right Honourable the Secretary of Stiite for the
Colonies gave no reason to apprehend any indisposition on his part to take a just view
of the interests of Canada in the matter. His language, though general, was favourable,
and I thought I could safely infer that any obstacles that might arise would not originate
with him, however he might be affected by pressure and urgency from other quarters.

Enquiries in other places, together with a perusal of the evidence taken before the
Committee (which Mr. Labouchere promptly communicated to me), led me to Hie
conclusion that the only party desirous of maintaining things in their present position
was the Hudson's Bay Company, though, as I afterwards ascertained more distinctly,
very different opinions were entertained as to the course which it would be most wise to
adopt in the future government of that portion of British territory.

My first duty, therefore, appeared to be to take steps with a view to meet the
resistance which the Hudson's Bay Company were opposing to any change. This
resistance took, as I thought, two forms — one, resting generally on the rights claimed
under their charter from Charles II. ; the other more particularly directed against the
claims of this Province, by setting up an alleged impossibility arising from geographical
and physical causes, to the Qovemment of the territory being administered by Canada.
The first was obviously to be met by an examination of the foundation on which they
relied, the second by endeavouring to obtain more accurate knowledge of the formation
and accessibility of the county lying between Lake Superior and Fort Garry, and by
postponing any final arrangement until this should be fully investigated.

I was aware of the correspondence which took place in 1850 bearing upon the first
of these points, and that the late Sir John Jervis (afterwards Chief Justice of the Court
of Common Pleas) and Sir John Romily (now Master of the Rolls) had reported their
opinion that " having regard to the powers in respect of territory, trade, taxation, and
government, claimed by the Hudson's Bay Company," the rights so claimed properly
belonged to that Company. They had, however, accompanied this opinion with their
advice that the questions should be referred to a competent legal tribunal for considera-
tion and decision, and they suggested the Judicial Committee of the Privy Council as
the tribunal best fitted for the discussion of the case. Her Majesty's Gbvemment
adopted the advice, but, as they refused to have the proceedings carried on at the public
expense, the matter was then dropped.

Impressed with the idea that a similar reference would receive the approval of the
Goveriiment, and that it was on every account desirable that the validity of these
claims should be submitted to the test of judicial investigation, I applied for and
obtained leave to make searches among the public documents and State papers, where I
hoped I should obtain some information respecting the original granting of the Charter^



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FINAL BEPORT OF CHIEF JUSTICE DRAPER. 53



as well as some reliable account of the construction put upon it in times when no such
questions had arisen as now presented themselves. Several points with respect to the
Hudson's Bay Company's rights and claims, on which doubts had been suggested, might
probably be elucidated by this enquiry, and materials might be found to narrow the
I pretensions set up by them.

Bat while engaging in this research, which proved much more long and laborious

tlian I at first supposed, I felt it my duty, at an early date after my arrival in London,

and as soon indeed as I had sufficiently reflected on the information which I could

immediately gather, to submit for the consideration of Your Excellency such views as up

I to that time impressed themselves on my mind on the subject, in order that Your

I Excellency in Council might be in a situation to exercise your judgment upon them.

The enquiry before the Committee had taken a much wider range than fell within

I the limit of my instructions, but the information elicited in regard to the Indians, and

I the trade carried on by them with the Hudson's Bay Company, had a very important

I though a collateral bearing upon the preservation of British authority within, and the

settlmg and government of the Nor^-West Territory. In my despatch of the 20th

March, I pointed out the course which the evidence had so far taken, as well as some of

the views and reflections to which it was calculated to give rise.

There seemed to be an almost settled conclusion that a change had become necessary
—that the Hudson's Bay Company could not be permitted to maintain a territorial



Online LibraryOntario. Legislative AssemblyCorrespondence, papers and documents, of dates from 1856 to 1882 inclusive, relating to the northerly and westerly boundaries of the province of Ontario → online text (page 12 of 86)