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

. (page 2 of 86)
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 2 of 86)
Font size
QR-code for this ebook


** 21. The (Jovemor-General to the Colonial Secretary, transmitting the

foregoing Address 129

" 28. Order in Council (Canada) on proposed transfer of Rupert's Land

and North- West Territory to Canada 129

" 28. Report of Minister of Public Works upon which above order was

founded 130

186s. Jan. 1. The Governor-General to the Colonial Secretary, transmitting the

Resolutions and Order in Council, and calling attention to the

eighth resolution, not incorporated in the Address to Her Majesty 130

" 18. The Colonial Secretary to the (Jovemor-General, acknowledging

despatches and Address, and advising that they will receive

early attention 131

*^ 15. The Governor of the Hudson's Bay Company to the Colonial Secre-
tary, recalling the assumed rights of the Company under their
Charter ; claiming that Canada should, prior to transfer,
arrange with the Company as to the terms ; and that if judicial
investigation of the extent of their territorial rights under the
4 Charter is desired, the reference should be to the Judicial Com-

mittee 131

** 18. The Under-Secretary to the Governor of the Hudson's Bay Company,

acknowledging the preceding letter 132

" 18. The Under-Secretary to the Gk)vemor of the Hudson's Bay Company,
transmitting copy of despatch from the Governor-General of

Canada, and copy of Address to the Queen 133

** 25. The Governor of the Hudson's Bay Company to the Colonial Secre-
tary, in review of the Company's position and rights, and
calling attention to certain observations of Sir John Mac-

donald and Mr. Holton (extracts enclosed) 133

(a) Extract from speech of the Hon. Mr. Holton, respect-
ing terms of admission of Hudson's Bay Territory. 137
(6) Extract from speech of Sir John A. Macdonald, advo-
cating the taking possession of the Hudson's Bay
Company's territories, and leaving the Company to
the after-assertion of their rights as they might be
advised 137



Digitized by VjOOQ IC



Xll. CONTENTS.



PAGE.

1868. Apr. 23. The Colonial Secretary to the Govemor-Creneral, intimating the
assent of the Imperial Government to the prayer of the Ad-
dress of the Canadian Parliament for the surrender of Rupert's
Land and the North- West Territory, so soon as it can be done
with a just regard to the rights of the Hudson's Bay Company. 188

" 23. The Under-Secretary to the Deputy-Governor of the Hudson's Bay
Company, requesting statement of terms on which the Company
would be prepared to surrender Rupert's Land to Canada .... 1 39

July 31. "The Rupei-t's Land Act, 1868," for enabling Her Majesty to
accept, upon terms, a surrender of the lands, privileges and
rights of the Hudson's Bay Company, and to transfer the same
to Canada. (Imp. Act, 31 and 32 Vic, cap. 106) 139

Aug. 8. The Colonial Secretary to the Governor-General, enclosing the above
Act, and informing him that the Colonial Office would enter
into negotiations with the Hudson's Bay Company, as to the
terms upon which they would surrender their rights 140

Sep. 9. The Governor-General to the Colonial Secretary, intimating the desire
of the Canadian Grovemment to send delegates to take part in
the negotiations with the Hudson's Bay Company (telegram) . . 141

*' 11. The Colonial Secretary to the Governor-General, in reference to pro-
posed delegation (telegram) 141

^* 14. The Governor-General to the Colonial Secretary, on the same subject

(telegram) 141

*' 17. The Colonial Secretary to the Governor-General, on the same subject

(telegram) 141

^* 18. The Govemor-G^eneral to the Colonial Secretary, on the same subject

(telegram) 141

^* 18, The Colonial Secretary to the Governor-General, on the same subject

(telegram) 142

'* 22. The Governor-General to the Colonial Secretary, on the same subject

(telegram) 142

Oct. 1. Order in Council (Canada), appointing Sir George Cartier and Hon.
William McDougall a delegation to proceed to England for the
purpose of arranging for the acquisition of Rupert's Land . . 142
'* 1. Memorandum of the Delegates, recommending that they be authorized
to also arrange for the admission of the North- West Territory
into union with Canada, and either with or without Rupert's

Land 142

" 1. Order in Council (Canada), approving of the recommendation of Dele-
gates above referred to 143



Digitized by VjOOQ IC



CONTENTS. XUl.



PAGB.

1868. Oct. 27. The Governor of Hudson's Bay Company to the Colonial Secretary,

proposing modified terms of surrender of Rupert's Land 143^

Dec. 1. The Under-Secretary to the Governor of the Hudson's Bay Com-
pany, rejecting the Company's proposed terms of surrender, and
making new proposals 145

" 22. The Deputy-Governor of the Hudson's Bay Company to the Under-
Secretary, protesting against the construction of the Red River
Road, as a trespass by Canada upon the Company's freehold . . 148

Enclosures referred to in above letter — Extracts from letters of

Mr. MacTavish, of October 10th and 11th, 1868 148

" 30. The Under-Secretary to the Canadian Delegates, on the same subject,

and asking for explanations 148

1869. Jan. 16. The Canadian Delegates to the Under-Secretary, on the same sub-

ject, with explanations, but denying the Company's title, and
asserting that of Upper Canada to the country between the
Lake of the Woods and Red River 149

Feb. 2. The Grovemor of the Hudson's Bay Company to the Under-Secre-
tary, in reference to the above letter of the Canadian Delegates,
charging that Canada is, pending the negotiations for purchase,
exercising rights of ownership by virtue of an old claim, re-
peatedly advanced, but denied by the Company ; and claiming
the protection of the Colonial Minister 151

Jan. 13. The Governor of the Hudson's Bay Company to the Under-Secretary,
in reply to the letter of 1st December last, criticizing the pro-
posed terms of transfer, and suggesting a money compensation
as being more satisfactory to the Company 152

^^ 18. The Under-Secretary to the Canadian Delegates, enclosing the preced-
ing letter for their observations thereon 155

Feb. 8. The Canadian Delegates to the Under-Secretary, in general review of
proposed terms of transfer and of past negotiations, setting
forth Canada's title to the North-West and North by virtue of
the French possession, and making counter-proposals 155

" 22. The Under-Secretary to the Governor of the Hudson's Bay Com-
pany, enclosing the preceding, and inviting a statement of the
Company's objections, if any, to the counter-proposals of the
Canadian Delegates 167

" 26. The Governor of the Hudson's Bay Company to the Under-Secre-
tary, in reply 168

Mar. 9. The Under-Secretary to the Gk>vemor of the Hudson's Bay Com-
pany, proposing new terms of surrender 170



Digitized by VjOOQ IC



XIV. CONTENTS.



PAOB.

1869. Mar. 9. The Under-Secretary to the Canadian Delegates, enolosing copy of the
preceding, and promising the Imperial guarantee to a .loan of
£300,000 if proposed terms accepted 172

*< 12. Resolutions of the Gk>yemor and Committee of the Hudson's Bay

Company, rei^>ecting modifications of proposed terms of transfer 173

" 13. The Canadian Delegates to the Governor of the Hudson's Bay Com-
pany, whereby it appears that the Delegates have accepted the
new pn^posals for tranter, but will not consent to any modifica-
tions 173

'< 16. The Governor of the Hudson's Bay Company to the Canadian Dele-
gates on the same subject, and as to settlement of details .... 174

" 18. The Canadian Delegates to the Governor of the Hudson's Bay
Company, respecting the Company's resolutions in modification
of the proposed terms of transfer 175

*' 22. Memorandum of provisional agreement between the Canadian Dele-
gates and the Directors of the Hudson's Bay Company in regard
to certain details 176

*^ 27. The Canadian Delegates to the Under-Secretary, as to delay of the
shareholders of the Hudson's Bay Company in accepting the
proposals for transfer, and asking for transfer of the North-
West Territories, apart from Rupert's Land, in default *. 177

" 29. Memorandum of further agreement between one of the Delegates
and the Governor of the Company respecting details of pro-
posed transfer 177

April 3. The Under-Secretary to the Governor of the Hudson's Bay Com-
pany, intimating the acceptance, by the Canadian Delegates, of
the proposed terms 178

" 10. The Governor of the Hudson's Bay Company to the Under Secre-
tary, transmitting resolution of shareholders in acceptance of
the proposed terms 178

** 10. The Colonial Secretary to the Governor-General, on the subject of

the conclusion of the negotiations for transfer 179

May 8. Report of the Canadian Delegates to the Governor-General, on the
subject of their negotiations with the Imperial Government for
the transfer of Rupert's Land and the North- Western Territory 180

** 14. Order in Council (Canada), approving of the above report and of the

terms of transfer 181

" 17. Message from the Governor-General to the House of Commons
(Canada), transmitting for their consideration the report of th«
Delegates • 182



Digitized by VjOOQ IC



CONTENTS. rv.



FAOI.

1869. Maj 28. Resolutions of the Parliameut of Canada in acceptance of the

transfer of Rupert's Land and the North- Western Territory 182
** 29&dl. Joint address of the Lc^gislative Council and Assemhlj of Canada

to Her Majesty in acceptance of the transfer 183

Jane 22. Dominion Act for the temporary government of Rupert's Land and

the North- Western Territory when united with Canada. (32-3

Vic, cap. 3) 185

Nov. 3. Extract from the Speech of the Lieutenant-€k>vemor, at the opening

of the Legislature 185

'' 19. Deed of Surrender of Rupert's Land : the Hudson's Bay Company

to Her Majesty 185

Schedule thereto, shewing the Company's posts and the quantity of

land secured to each of them 188

** 23. The Governor-General to the Colonial Secretary, respecting the
disturbances in the North- West, and consequent detention of
Lieutenant-Governor McDougall (telegram) 191

'* 27. The Governor-General to the Colonial Secretary on the same subject,

and advising postponement of transfer in consequence (telegram) 191

" 30. The Colonial Secretary to the Governor-General on the same subject,

and recalling the state of the negotiations for transfer 191

Dec. 16. Order in Council (Canada), setting forth the advisability of postpone-
ment of transfer, in view of the disturbances in the Red River
Settlement 193

" 28. The Governor of the Hudson's Bay Company to the Under-Secretary,
urging that the Canadian Government should carry out their
engagements notwithstanding the disturbances at Red River. . 196

1870. Jan. 8. The Under-Secretary to the (Governor of the Hudson's Bay Com-

pany, respecting the proposed postponement of the transfer, and

approving thereof 197

*• 8. The Colonial Secretary to the Governor-General, transmitting copies

of the two last-mentioned letters 198

May 12. Dominion Act to amend and oontinue 32 and 33 Yic, cap. 3, and to
establish and provide for the Government of the Province of
Manitoba. (38 Vic., cap. 3) 198

June 23. Imperial Order in Council for the admission of Rupert's Land and

the North- Western Territory into the Dominion 200

Schedules referred to in above Order in Council 203

Dec. 29. Report of the Minister of Justice (Canada), advising Imperial legis-
lation for confirmation of Manitoba Act, and for authorizing the
establishment and the alteration of the limits of Provinces .... 20S



#



Digitized by VjOOQ IC



XVI. CONTENTS.



PAOI.

1871. June 29. " The British North America Act, 1871," in which the suggestions

of the above Report are embodied. (Imp. Act, 34 and 35 Vic,
cap. 28) 205

July 14. Memorandum of Hon. J. Sandfield Macdonald, Attorney-General of
Ontario, calling attention to the necessity which exists for the
settlement of the boundary and for the appointment of a Com-
mission 205

" 17. The Lieutenant-Governor of Ontario to the Secretary of State
(Canada), urging the settlement of the boundary line between
Ontario and the North-West Territory 206

** 20. The Secretary of State (Canada), hereinafter called the Secretary
of State, to the Lieutenant-Governor of Ontario, acknowledg-
ing his despatch 207

** 28. Order in Council (Canada), appointing Eugene E. Tach^, Esquire, as

Boundary Commissioner on behalf of the Dominion 207

" 31. The Secretary of State to the Lieutenant-Governor, advising him

of the appointment of Mr. Tach6 as such Commissioner 207

Sep. 19. Order in Council (Ontario), appointing the Hon. William Mc-

Dougall as Ontario Boundary Commissioner 208

*• 20. The Assistant Provincial Secretary to the Hon. W. McDougall,

advising him of his appointment 208

'* 21. The Lieutenant-Governor to the Secretary of State, advising him

of such appointment 208

" 22. The Hon. W. McDougall to the Assistant Provincial Secretary,

accepting the appointment 209

" 26. The Acting Under-Secretary of State to the Lieutenant-Governor,

acknowledging his despatch of the 21st inst 209

Oct 1. Report of J. S. Dennis, Dominion Surveyor-General, to Sir John A.
Macdonald, Minister of Justice, on the question of the boun-
dary between Ontario and the North-West Territory 209

List of papers and maps accompanying the above report 213

Nov. 28. Order in Council (Canada), setting forth that the ascertaining and
fixing of the boundary line is of much consequence and should
be expedited, and recommending that no licenses or patents for
land in the disputed territory be granted pending settlement. . 213

" 30. The Secretary of State to the Lieutenant-Governor, enclosing the

foregoing 214

1872. Jan. 4. Order in Council (Ontario), respecting above subjects and the in-

structions proposed to be given to the Dominion Commissioner. 214



Digitized by VjOOQ IC



CONTENTS. XVU.



PAGB.

1872. Jan. 6. The Lieutenant-Governor to the Secretary of State, referring to the
subject of patents of lands in the disputed territory ; concur-
ring in the view that it is of consequence that the fixing of the
boundary should be expedited ; and requesting a draft of the
instructions proposed to be given by the Dominion Govern-
ment to their Commissioner 215

" 11. The Secretary of State to the Lieutenant-Governor, acknowledging

the above 215

Mar. 5. The Acting Assistant Provincial Secretary to the Hon. W. Mc-

Dougall, abking for his report, etc 216

" 9. The Hon. W. McDougall to the Provincial Secretary, respecting his
action under his Commission, and promising to submit a pre-
liminary memorandum 216

** 11. Report of Sir John A. Macdonald, Minister of Justice, respecting the

draft of instructions to be given to the Dominion Commissioner. 218

Draft of instructions annexed to the above report 218

*' 12. Order in Council (Canada), respecting the draft instructions, and

recommending that a copy be sent to the Government of Ontario. 219

" 14. The Secretary of State to the Lieutenant-Governor, transmitting

copy of draft instructions 220

" 15. The Secretary of State to the Lieutenant-Governor, substituting a
tracing for that which accompanied the draft of instructions and
requesting return of the old one 220

** 19. The Lieutenant-Governor to the Secretary of State, acknowledging

despatches and returning tracing as requested 220

" 19. The Acting Assistant-Secretary to the Hon. W. McDougall, request-
ing him to submit his further report 221

Preliminary memorandum of the Hon. W. McDougall on the subject

of the Western Boundary of Ontario 221

" 25. Order in Council (Ontario), advising that the Government of Canada
be informed that the line claimed by Ontario is very different
from the one defined in said draft instructions, and that the
Ontario Commissioner be instructed to abstain from taking
any further action 226

" 26. The Provincial Secretary to the Hon. W. McDougall so instruct-
ing him 227

26. The Lieutenant-CJovernor to the Secretary of ^tate, transmitting
Order in Council, and advising him that the Commissioner for
Ontario had been instructed to abstain from any further action
under his commission 227

B

Digitized by VjOOQ IC



XVUX. CONTENTS.



PAGE.

J 872. April 5. The Secretary of State to the Lieutenant-Governor, acknowledging

the above 227

" 9. Order in Council (Canada), recommending that the Government of
Ontario be invited to state their views as to the location of the
boundary line 228

" 10. The Secretary of State to the Lieutenant-Governor, with the pre-
ceding, and asking for a description of the boundary line
suggested on behalf of Ontario 229

^* 19. Order in Council (Ontario), claiming (as per description annexed
thereto) as Western boundary the meridian of the source of
the Mississippi, and for Northern boundary a line north of
the Height of Land ; but submitting that there are grounds for
contending, with former Governments of Canada, that the
Western limit is further West, and that if the line suggested

is not accepted the Province will not be bound 229

Proposed description above referred to 230

^* 19. The Lieutenant-Governor to the Secretary of State, transmitting

copy of the foregoing Order in Council 230

. ** 22. The Secretary of State to the Lieutenant-Governor, acknowledging

same 230

** 24. The Secretary of Public Works (Canada) to the Secretary of State,
transmitting accounts for maintenance of Police Force at
Thunder Bay, and for advances in respect of Court House at
Prince Arthur's Landing, and requesting that they be pre-
sented to the Government of Ontario for payment 231

■** 26. The Secretary of State to the Lieutenant-Governor, forwarding

said accounts 231

May L Report of the Minister of Justice, recommending the reference
of the question of boundary to the Judicial Committee of the
Privy Council of England, and the establishment of some joint
system by way of provisional arrangement as to lands in the
interim 231

■** 16, Order in Council (Canada), approving of foregoing report 232

** 16. The Secretary of State to Lieutenant-Governor, enclosing the two
preceding documents, and asking concurrence in their recom-
mendations 232

May 31. Order in Council (Ontario), expressing regret that the Gk»vemment
of Canada is not prepared to negotiate for conventional boun-
daries; proposing reference to arbitration and the placing of the
disputed territory within the limits of Ontario for criminal
purposes, pending a settlement; and recommending that the
Commissioner of Crown Lands take action with a view to
establishing some provisional arrangement as to lands 233



Digitized by



Google



CONTENTS. XIX,



PAGE.

1872. May 31. The Lieutenant-Governor to the Secretary of State, enclosing copy

of the above Order '. . 2^4

June 1. The Secretary of State to the Lieutenant-Governor, acknowledging

same 235

" 10. Secretary of Public Works (Canada) to Secretary of State, enclosing
accounts of moneys disbursed for maintenance of Police Force
at Thunder Bay, and requesting them to be forwarded to the
Ontario Government for payment 235*

** 13. The Secretary of State to the Lieutenant-Governor, enclosing the

above accounts 235-

*' 25. The Lieutenant-Governor to the Secretary of State, with cheques
in payment of expenditure on Court House at Prince Arthur's
Landing 236*

" 26. Order in Council (Ontario), respecting the matters above referred
to, and pointing out that whilst the Government of Canada in
claiming these payments admit the title of Ontario to the terri-
tory westward of Thunder Bay, yet that Government is at the
same time proposing, as westerly boundary, a line which would

deprive the Province of the territory in question 236

July 2. The Under-Secretary of State to the Lieutenant-CJovemor, ac-
knowledging despatches relating to the accounts and the receipt
of cheques 237

" 15. Bank of Montreal deposit receipt for the moneys in question 237

" 24. The Secretary of Public Works (Canada) to the Provincial Secretary,

enclosing duplicate receipt 237

Nov. 7. Order in Council (Canada), respecting matters dealt with by Order
in Council (Ontario) of 31st May last; re-affirming the view
that the boundary of Ontario is, on the north, the Height of
Land and, on the west, the meridian of the junction of the
Ohio and Mississippi; and renewing proposals for reference
to the Judicial Committee of Privy Council 238

" 12, The Secretary of State to the Lieutenant-€k)vemor, transmitting

copy of the foregoing Order in Council ...» 239

'^ 25. Report of the Secretary of State, recommending that no patents or
licenses for land be granted at the head of Lake Superior,
pending settlement of boundary, and suggesting that the Gov-
ernment of Ontario should in like manner refrain .... . . 239

1873. Jan. 8. Extract from the Speech of the Lieutenant-Governor at the opening

of the Legislature 240

" 20. Address of the Legislative Assembly for the production of Mr.
Cauchon's memorandum and Chief Justice Draper's report and
certain papers on the boundary 240



Digitized by



Google



XX. CONTENTS.



PAGB.

1873. Jan. 31. The Lieutenant-Governor to the Secretary of State, enclosing copy

of the resolution, and asking for the papers 240

Feb. 3. The Secretary of State to the Lieutenant-CJovernor, acknowledging

ing the same 240

Mar. 14. The Lieutenant-Governor to the Secretary of State, calling attention

to his despatch and requesting reply ' 241

• " 18. The Secretary of State to the Lieutenant-Governor, advising that cer-
tain of the documents asked for were not in the possession of
the Government, and directing where to find copies 241

Dea 26. The Secretary of State to the Lieutenant-Governor, calling attention
to the Order in Couucil, 7th November, 1872, and requesting a
decision as to the proposed reference to the Judicial Committee 242

1874. Jan. 8. Extract from the Speech of the Lieutenant-Governor at the opening

of the Legislature 242

Mar. 23. Resolutions of the Legislative Assembly (Ontario), approving of a
reference to arbitration, or to the Privy Council of England, in
the discretion of the Lieutenant-Governor in Council, and of

the adoption of a provisional boundary line 242

June 2. Report of the Minister of the Interior, recommending the adoption

of a provisional boundary line 242

" 3. Order in Council (Canada), approving of above report 243

" 5. The Under-Secretary to the Lieutenant-Governor, enclosing copy of
the foregoing, and suggesting that the Ontario Government
appoint a Commissioner to meet the Minister of the Interior to
arrange for the adoption of such provisional boundary lino .... 244

" 26. Memorandum of Agreement for provisional boundary 244

July 8. Order in Council (Canada) approving of the above 245

" 9. Order in Council (Ontario) approving of the Agreement 245

" 10. The Lieutenant-Governor to the Secretary of State, transmitting a

copy of such Order in Council 246

" 22. The Under-Secretary of State to the Lieutenant-Governor, trans-
mitting a copy of the Order in Council of 8th instant 246

Nov. 10. Report of Hon. Adam Crooks, Member of the Executive Council
(Ontario), reporting that the Dominion Government had con-
sented to a reference to arbitration, and had nominated an
arbitrator to act with Chief Justice Richards, nominated on
behalf of Ontario, luch two arbitrators to agree upon a third ;
and recommending concurrent action for obtaining legislation
for giving binding effect to the conclusions which may be
arrived at 246



Digitized by



Google



CONTENTS. XXI.



PAOI.

1874. Nov. 12. Order in Council (Canada) approving of reference to arbitration,

submitting the name of the Hon. L. A. Wilmot as Dominion
Arbitrator, and recommending concurrent action for obtaining
legislation as aforesaid 247

" 12. Extract from the speech of the Lieutenant-Governor at the opening

of the Legislature 248

" 21. The Under-Secretary of State to the Lieutenant-Governor, enclosing

copy of the Order in Council of 1 2th inst 248

" 21. The Under-Secretary of State to the Hon. L. A. Wilmot, advising

him that he had been appointed Arbitrator 248

" 25. Order in Council (Ontario) approving of Hon. Adam Crooks'

report of the 10th November 249

Dec. 3. The Assistant Provincial Secretary to Chief Justice Richards, noti-
fying him of his appointment as Arbitrator 249

1875. Nov. 25. Extract from the speech of the Lieutenant-Governor at the opening

of the Legislature 250

1876. Apr. 12. Dominion Act creating the district of Keewatin (39 Vic, cap. 21) 250
Dec. 12. The Governor of the Hudson's Bay Company to the Secretary of

State (Canada), with information relating to the boundaries of



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 2 of 86)