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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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 24 of 86)
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scdution of the difficulties which surround the position of the Hudson's Bay Company
may also soon be attempted.

I desire to make this statement, in order to explain to your Lordship, by anticipa-
tion, any delay which may occur in answering your despatch.

I have, etc.,

MOKOK.

The Bight Hon. the Earl of Carnarvon,
etc., etc., etc.



The Colonial Secretary to the Governor-General.''^

Downing Street,

8th September, 1866.

My Lord, — I have the honour to acknowledge the receipt of your Lordship's
despatch, No. 124, of the 18th August, stating that the purchase by the Canadian
Government of the territorial rights of the Hudson's Bay Company is a subject which
it is undesirable to decide, pending the discussion of the ITnion of the North American
Provinces.

I transmit to you, for your information, and with reference to that despatch, a copy
of a further letter f which I have received from the Company, reporting acts of violence
and plunder, on the part of the Indians, on the Saskatchewan and B«d River.

1 have, etc.,

Carnarvon.
Governor the Bight Hon. Viscount Monck,
etc., etc., etc.



The British North Amerioa Act, 1867. |

(Extracts,)

Whereas the Provinces of Canada, Nova Scotia and New Brunswick, have expressed
their desire to be federally united into one Dominion under the Crown of the United
Kingdom of Great Britain and Ireland, with a Constitution similar in principle to that
of the United Kingdom :

« Seas. Papers, Can., 1867-8, Vol 1, No. 19.

f [Omitted as not affecting the present question.— G. E. L.]

t Imperial Act 30-31 Vict, c 3. Assented to March 29th, 1867.



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124 BOUNDARIES OF ONTARIO BY B. N. A. ACT, 1867.



And whereas such a Union would conduce to the welfare of the Provinces and
promote the interests of the British Empire :

A^d whereas on the establishment of the Union by authority of Parliament it i»
expedient, not only that the Constitution of the legislative authority in the Dominion
be provided for, but also that the nature of the Executive Government therein be declared :

And whereas it is expedient that provision be made for the eventual admission iftte
the Union of other parts of Britbh North America :

Be it therefore enacted and declared, by the Queen's Most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this^
present Parliament assembled, and by the authority of the same, as follows : —

1. This Act may be cited as " The British North America Act, 1867."

2. The provisions of this Act referring to Her Majesty the Queen extend also to ihe-
heirs and successors of Her Majesty, Kings and Queens of the United Kingdom of Great
Britain and Ireland.

3. It shall be lawful for the Queen, by and with the advice of Her Majesty's Most
Honourable Privy Council, to declare by Proclamation that, on and after a day therein
appointed, not being more than six months after the passing of this Act, the Provinces of
Canada, Nova Scotia and New Brunswick, shall form and be one Dominion tinder the
name of Canada ; and on and after that day those three Provinces shall form and be one
Dominion under that name accordingly.

4. The subsequent provisions of this Act shall, unless it is otherwise expressed or
implied, commence and have effect on and after the Union, that is to say, on and after
the day appointed for the Union taking effect in the Queen's Proclamation ; and in the
same provisions, unless it is otherwise expressed or implied, the name Canada shall be
taken to mean Canada as constituted under this Act

5. Canada shall be divided into four Provinces, named Ontario, Quebec, Nova Scotia,,
and New Brunswick.

6. The parts of the Province of Canada (as it exists at the passing of this Act) which
formerly constituted respectively the Provinces of Upper Canada and Lower Canada shall
be deemed to be severed, and shall form two separate Provinces. The part which formerly
constituted the Province of Upper Canada shall constitute the Province of Ontario ; and
the part which formerly constituted the Province of Lower Canada shall constitute the
Province of Quebec.

40. Until the Parliament of Canada otherwise provides, Ontario, Quebec, Nova
Scotia and New Brunswick shall, for the purposes of the election of members to serve-
in the House of Commons, be divided into Electoral Districts as follows : —

1. — OnUtrio,

Ontario shall be divided into the Counties, Ridings of Counties, Cities, parts of
Cities, and Towns enumerated in the first Schedule to this Act, each whereof shcdl be an
Electoral District, each such District as numbered in that Schedule being entitled to return
one member.

70. The Legislative Assembly of Ontario shall be composed of eighty-two members,
to be elected to represent the eighty-two Electoral Districts set forth in the first Schedule
to this Act.

146. It shall be lawful for the Queen, by and with the advice of Her Majesty's Most
Honourable Privy Council, on Addresses from the Houses of Parliament of Canada, and
from the Houses of the respective Legislatures of the Colonies or Provinces of New-
foundland, Prince Edward Island, and British Columbia, to admit those Colonies or
Provinces, or any of them, into the Union, and on Address from the Houses of the
Parliament of Canada, to admit Rupert's Land and the North- Western Territory, or either
of them, into the Union, on such terms and conditions, in each case, as are in the
Addresses expressed, and as the Queen thinks fit to approve, subject to the provisions of
this Act- ; and the provisions of any Order in Council in that behalf shall have effect as
if they had been enacted by the Parliament of the United Kingdom of Great Britam
and Ireland.



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BOUNDARIES OF THE DISTRICT OF ALOOMA, 1859. 125



The First Schedule.
Electoral D%9tr%cU of Ontario.

[Here are set out the eighty-two Electoral Districts of the Province,' under their
respeitive numbers, from 1 to 82. The forty-fourth Electoral District is described therein
^ follows : — ]

" 44. The Provisional Judicial District of Alooma."*



MufORANDUM OF THE COMMISSIONER OF CrOWN LaNDS OF CANADA, 14tH JuNE, 1867. f

The Commissioner of Crown Lands has the honour to submit to your Excellency
in Council, that in the year 1859, the section of country between Lake Superior and
Dog Lake was thoroughly explored by Provincial Land Surveyors Lindsay Russell and
J. F. Gaudet, under the command of Mr. Simon Dawson, Civil Engineer, and a fair line
of road marked out (shewn on the accompanying tracing), from Thunder Bay to Dog
Uke, a distance of twenty-five miles.

2. It is reported to the Commissioner of Crown Lands that this line was well
marked out, and having been for some time used as a mail route, will not be difficult to
trace, the bridging will be inconsiderable, and a good waggon road may be constructed
for about fourteen hundred dollars a mile.

3. The outlet of Dog Lake presents facilities for raising the waters thereof from
wventeen to twenty feet, by means of dams across the two channels into which the
oatlet is divided — which increased elevation the banks of the Lake will, it is reported to
the Commissioner, admit of. It is estimated that the necessary dams could be con-
atructed for $6,000. The effect of the work would be to render Dog River navigable
for craft drawing six feet of water as far as Jourdain's Rapid, about 37 miles by the
▼indings of the river, or 20 in a direct line from Dog Lake.

I 4. From Jourdain's Rapid, on Dog River, to the Depot, on Savanne River, is in a
dirc-ct line eight miles and three-quarters, and forms the height of land dividing the
waters which run to Lake Superior from those flowing to Lake Winnipeg. A good
▼aggon road could be constructed for $900 a mile ; but as it would have to pass about
two miles beyond the Depot, the distance must be reckoned at eleven miles.

5. The drift flood-wood in the Savanne River would require to be cleared out, at a
probable cost of $1,000.

6. The total cost to reach the waters of the Savanne River woidd be, therefore, as
follows : —

Thunder Bay to Dog Lake, 25 miles, at $1,400 a mile ; $35,000 00

Dams at the outlet of Dog Lake 6,000 00

Jourdain's Rapid to Depot on Savanne River, 1 1 miles of road, at $900

a mile 9,900 00

Savanne River, clearing out flood-wood in 1,000 00

$51,900 00
Snperintendence and Contingencies 4,000 00



$55,900 00



* [The Proclamation of the Governor-General of 27th August, 1859, (see Ccmada Gazette of 1S59
p. 2154), creating the Provisional Judicial District of Algoma, described its boundaries as follows :— Com-
ueodng on the north shore of the Georgian Bay of Lake Huron, at the most westerly mouth of French
Biter ; thence due north to the northerly limit of the Province ; thence along the said northerly limit of
the Province, westerly to the westerly limit thereof ; thence along the said westerly limit of the Province, '
•oQiheriy to the southerly limit thereof ; thence along the said southerlv limit of the Province to a point in
we Huron, opposite to the southern extremity of the Great Manitoulin Island ; thence easterly and
Mh-euterly, so as to include all the islands in Lake Huron not within the settled limits of anv oountv or
-irtrict. to the place of beginning.-G. K. L.] ' ^

tSeit. Papers, Can., 1867-8, Vol. 1, No. 19. This was before Gdnfederation.

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126 CANADIAN PUBLIC WORKS ON HEIGHT OF LAND BEFORE CONFEDERATION.



7. The above is the approximate estimate of Mr. Simon Dawson, C.E., who was in
command of the Red Eiver Exploring Expedition in 1858-9, and who now reports to the
Commissioner of Crown Lands that he believes the necessary works, of suitable character
and strength, can be constructed for the sums named ; and that the materials, as well
stone as wood, required therefor, can be readily procured in the neighbourhood of the
works, with hardly any transportation that cannot be done in scows constructed on the
spot.

8. The residt of the improvements above estimated for, would be that 120 miles of
the route from Lake Superior to Red River would be thrown open, giving easy access^
to Lac des Mille Lacs, the western extremity of which is within 70 miles of Bainy
Lake, from whence the navigation is uninterrupted (save by a short portage at Fort
Francis) to the north-west angle of the Lake of the Woods, a point distant about 90
miles from Fort Garry.

9. The Colonization Road Fund of Upper Canada has a sum at its credit, from
Parliamentary votes, sufficient to meet the expenditure contemplated by this Memoran-
dum, in case your Excellency in Council should deem it expedient for the present Uy
devote it to this object, on the assumption that the amount now expended will form a
claim upon the new Dominion of Canada, and that proper accounting shall be had
between the present Provinces of Upper and Lower Canada, as to the sum now taken
from the Colonization funds of Upper Canada, for general purposes, the equivalent votes-
for Lower Canada having been heretofore therein expended.

10. The Commissioner of Crown Lands humbly recommends to your Excellencj
that the course above suggested be adopted, and that the improvements described h%^
immediately undertaken, and carried out during the present season.

A. Campbell, C.C.L.
Crown Lands Department,
14th June, 1867.



Report op a Committee op Council, approved by His Excellency the Adminis-
trator OP THE €k)VERNMENT, ON THE 18tH JuNB, 1867.*

The Committee have had under consideration the annexed Memorandum of the Hon-
ourable the Commissioner of Crown Lands [being that of 14th June, 1867], on the
subject of constructing a line of road from Thunder Bay to Dog Lake, and thence to*
Savanne River, for which an approximate estimate has been submitted by Mr. Simon
Dawson, C.K, who had charge of the Exploring party despatched to Red River in
1858-9 ; and they respectfully report their concurrence in the recommendation mad»
by the Commissioner in his said annexed Memorandum, and submit the same for your
Excellency's approval

Certified.

W. H. Lee, C.RC.



[The public works undertaken by the Province of Canada, referred to in the two-
preceding documentd, were partly to the east and partly to the west of the height of land
which divides the waters that fall into Lake Superior &om those that fall, through Lake
Winnipeg, into Hudson's Bay. They formed part of a scheme of land and water com-
munication designed to extend from the western shore of Lake Superior to the Bed
River. See extract from Mr. Bridgland's report of 4th October, 1867, inserted here oui
of its ordinary course. — G. E. L.]

#Se88. Papers, Can., 1867-8, VoL 1, No. 19. This wms before Confederation.

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CANADIAN PUBUC WORKS ON HEIGHT OF LAND BEFOBE CONFEDERATION. 127



Report op the Superimtekdekt of Colonization Roads (Ontaeio) to the Ontario

COMMISSIONBR OF CrOWN LaNDS.*

(Extract)

Department op Crown Lands,

Province of Ontario,

Toronto, 4th October, 1867.

To the Hon. S. Bichards^ Commissioner of Grown Lands,

Sir, — I have the honour to report to you my return from Thunder Bay, on Lak&
Saperior, whither I had been directed to proceed by the former Commissioner of Crown
Laiuls, the Hon. Alex. Campbell.

My instructions from the above named Minister directed me to organize and supply
a party of labourers, with overseers and assistants, for the purpose of commencing and
forwarding a scheme of works, intended to open a regular transit line of communication
between Thunder Bay, on Lake Superior, and Fort Ckirry, on the Bed Biver, estimates
and appropriations having been made for the above work, as far as. the Savanne River^
amounting to $55,900.

My instructions further directed me to operate in concert with Mr. S. J. Dawson,
who was charged speciaUy with the construction of the dams necessary to raise the^
waters of Dog Lake and River, in order to complete the first navigable reach upon th&
said waters.

[Here follows details of the work, and information respecting the soil, etc.]

All of which is respectfully submitted by

Your obedient servant,

Jas. W. Bridoland, t

Supt, of Col, Roads.



The Colonial Secretary to the Governor-General.}

Downing Street,

23rd August, 1867.

My Lord, — I have the honour to transmit to you a copy of a letter, with its
enclosure, from the Hudson's Bay Company, together with a copy of the reply which I
have caused to be returned to it. §

The question of the Hudson's Bay Territory is rapidly becoming urgent, and if
delayed much longer may give rise to serious difficulty.

No time shovdd, therefore, be lost in deciding on the course of action to be pursued
by Canada.

I have, etc.,

Buckingham k Chandos.
Governor the Eight Honourable Yiscount Monck.

«S688. Papers, Can., 1867-8, VoL 1, No. 19.

t[Hr. Bridglftnd also addressed reports in October and in December of 1867 to the Dominion Com-
iiU»er of PnbUo Works.-^. £. L.J

tfless. Papers, Can., 1867-8, VoL 1, No. 19.

S [These enclosures are omitted as not affecting the present question. — G. £. L.]



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128 ADDRESS OF CAN. PARLIAMENT FOR ACQUISITION OF N. W. TERRITORY, 1867.



Resolution of the Dominion House of Commons for an Address to the
Govsrnoe-Genebal, 9th December, 1867.*

Resolved, That an Humble address be presented to His Excellency the Governor-
General, praying His Excellency to cause to be laid before this House, copies of the two
several maps furnished to the Government of the late Province of Canada by the Hud-
son's Bay Company, in the year 1864, and showing, respectively, the territory then
claimed by that Company, and the portion of land claimed by them which the Company
proposed to surrender to the Crown, t



^Resolutions, numbered 1 to 8, of the Parliament of Canada, December, 18674

[The first seven Resolutions correspond exactly with the seven paragraphs of the
Address which was founded upon them, being the next following document. — G. E. L.]

8. Resolved, That in case any negotiation between the Canadian Government and
iihe Hudson's Bay Company for the termination of the rights of the latter, entered into
dn accordance with the despatch of the 17th June, 1865, from the then Secretary of
State for the Colomes to His Excellency the Governor-General, should result* in an
Agreement between them, it is hereby declared that such agreement must be submitted
to, and sanctioned by the Parliament of Canada before the same shall have any force or
<«ffect whatever.



Address to Her Majesty from the Senate and House of Commons of Canada,

December, 1867. |

To the Qtieen's Moat Excellent Majesty,

Most Gracious Sovereign, —

We, Your Majesty's most dutiful and loyal subjects, the Senate and Commons of the
Dominion of Canada, in Parliament assembled, humbly approach Your Majesty for the
purpose of representing : —

That it would promote the prosperity of the Canadian people, and conduce to the
advantage of the whole Empire, if the Dominion of Canada, constituted under the pro-
visions of the British North America Act of 1867, were extended westward to the shores
•^of the Pacific Ocean.

That the colonization of the fertile lands of the Saskatchewan, the Assiniboiue, and
"the Red River Districts, — ^the development of the mineral wealth which abounds in the
regions of the North- West, — and the extension of commercial intercourse, through the
British Possessions in America, from the Atlantic to the Pacific, — are alike dependent
^pon the establishment of a stable government, for the maintenance of law and order in
•the North-Western Territories.

That the welfare of a sparse and widely-scattered population of British subjects, of
European origin, already inhabiting these remote and unorganized territories, would be
materially enhanced by the formation therein of political institutions bearing analogy,
4M Ult as circumstances will admit, to those which exist in the several Provinces of this
Dominion.

That the 146th section of the British North America Act of 1867 provides for the
admission of Rupert's Land and the North-Western Territory, or either of them, into

* Journals, House of Corns., Can., 1867-8, p. 57.

t [These are the maps referred to in the Report of the Hon. Gkorge Brown of 26th January, 1865, as
^ing annexed thereto. See ante, p. 109.— G. E. L.]

t Journals, House of Commons, Can., 1867-8, pp. 66, 67 ; Prefix to Dom. Stats., 1872.



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ADDRESS OF CAN. PARLIAMENT FOR ACQUISITION OF N. W. TERRITORY, 1867. 12&



Union with Canada, upon terms and conditions to be expressed on Address from the
Houses of Parliament of this Dominion to Your Majesty, and which shall be approved of
hj Your Majesty in Council

That we do therefore most humbly pray that Your Majesty will be graciously
pleased, by and with the advice of your Most Honourable Privy Council, to unite
Rupert's Land and the North- Western Territory with this Dominion, and to grant to the
Parliament of Canada authority to legislate for their future welfare and good govern-
ment; and we most humbly beg to express to Your Majesty that we are willing to assume
-die duties and obligations of government and legislation as regards these territories.

That in the event of Your Majesty's Government agreeing to transfer to Canada the
jorisdiction and control over the said region, the Government and Parliament of Canada
will be ready to provide that the legal rights of any corporation, company, or individual
within the same, shall be respected and placed under the protection of Courts of com-
petent jurisdiction.

And furthermore, that upon the transferenoe of the territories in question to the
Canadian Government, the claims of the Indian Tribes to compensation for lands required
ioT purposes of settlement, will be considered and settled in conformity with the equitable
principles which have uniformly governed the British Crown in its dealings with the
aborigines.

All which we humbly pray Your Majesty to take into Your Majesty's most gracious
iuid favourable consideration.

The Senate, Tuesday, December 17th, 1867.

Joseph Cauohon, Speaker.

House of Commons, Monday, December 16th, 1867.

Jambs Cookburit, Speaker.



The Govbrnob-Gekeral to the Colonial Seorbtary.*

Government House,

Ottawa, 21st Dea, 1867.

My Lord Dukb, — I have the honour to transmit a joint Address to Her Majesty the
<2ueen, from the Senate and House of Commons of the Dominion of Canada, praying that
Her Majesty will be graciously pleased to direct that an Order in Council may be passed
in conformity with the provision of the 146th Section of the British North America Act,
1867, for annexing to the Dominion of Canada the territory of Prince Rupert's Land and
ihe Bed River Settlement.

I have the honour to request that your Grace will lay this Address at the foot of tho
mirone.

I have, etc.,

Mohob^
His Grace the Duke of Buckingham and Chandos,
etc., etc., etc.



Bbport of a Committee of the Privy Council, approved by the Goverkor-Gekeral

ON the 28th Deobmbee, 1867.*

The Committee have had under consideration the annexed Memorandum from the
Honourable the Minister of Public Works, submitting, for the approval of your Excellency
in Oouncily certain recommendations on the subject of the negotiation with the Imperial



* Saw. Papers, Can., 1867-8, Vol. 1, No. 69.
9

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130 PROPOSED TRANSFER OF RUPERT'S LAND AND N. W. TERRITORY TO CAN., 1868.



Oovemment for the transfer of Rupert's Land and the North- West Territory to Canada^
and they respectfully advise that a copy of the same, when approved by your Excellency^
be forwarded to his Grace the Secretary of State for the Colonies, as embodying th&
views of the Canadian Government on that important question.

Certified.

W. H. Leb,

Clerk, P.O.



Report of the Dominion Minister op Public Works.*

The undersigned has the honour to submit, for the consideration of your Excellency
in Council, the following recommendations on the subject of the negotiation with the
Imperial Government for the transfer of Rupert's Land and the North- West Territory
to Canada.

I. That in addition to the joint Address of both Houses on the subject, your Excel-
lency will be pleased to transmit to the Secretary of State for the Colonies, the Resolu-
tions as they were finally adopted by the House of Commons and the Senate, with the
votes and proceedings of both Houses thereon.

II. That the attention of his Grace the Duke of Buckingham be specially called to
the Eighth Resolution, which was not embodied in the Address, and was not intended by
the Csuiadian Parliament to express a term or condition of the Order in Council, autho-
rized by the 146th Section of the British North America Act.

III. That your Excellency will be pleased to express to his Grace, as the opinion of
the Canadian Government, that it is highly expedient that the transfer, whic h thelmpe-
rial Parliament has authorized and the Canadian Parliament approved, should not be
delayed by negotiations or correspondence with private or third parties, whose position,
opinions and claims have heretofore embarrassed both Governments in dealing with this
question.

lY. That in the opinion of the Canadian Government, the terms of the Address can-
not be materially altered or extended without causing injurious delay, and greatly embar-
rassing the people and Government of Canada in their efforts to open communications
with the Territory, to encourage emigration and settlement, to establish law and order,
and to provide for the speedy organization of Municipal and Local Governments therein.

V. That recent proposals in the Congress of the United States in reference to British
America, the rapid advance of mining and agricultural settlements westward, and the
avowed policy of the Washington Government to acquire territory from other powers by
purchase or otherwise, admonish us that not a day is to be lost in determining and pub-
lishing to the world our policy in regard to these Territories.

VL That your Excellency will be pleased to request his Grace to inform your
Excellency by Atlantic Cable (if the information can be so communicated), whether the
Imperial Cabinet will at once advise Her Majesty to approve of the transfer on the terms
of the Address, in order that the Canadian Government may be prepared to submit appro-
priate measures on the subject on the re-assembling of Parliament in Miffch next

Respectfully submitted,

Wm. McDouoall.
December 28th, 1867.



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 24 of 86)