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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a manner binding on any Colonial Government, so that they should not be at any time
hereafter impeached or violated without proper compensation.

I have, etc.,

Edmund Head,

Oovemor,
His Grace the Duke of Buckingham and Chandos,
etc., etc., etc.



Extract from a Spbeoh of the Honourable Mr. Holton, in the Canadian Par-
liament, AS reported in the "Canadian News," of January 2nd, 1868, page 7>

REFERRED TO IN THE PREOEDINQ LETTER OF SiR EdMUND HeAD.*

It struck him too that what was in contemplation in the Union Act, was that the
Address to Her Majesty should follow the negotiations, and that the Address should set
forth clearly and distinctly the terms on which we were prepared to unite that territory
with Canada.



Extract from a Speech of Sir John A Macdonald, K.C.B., in the Canadian
Parliament, reported as above, page 9, referred to in the preceding Letter
of Sir Edmund Head.*

It had been said by the member for West Durham, that this was a worse proposition
than the proposition of 1865.

It was precisely the same ; it was simply that we wished to take possession of this
territory, and would undertake to legislate for it, and to govern it, leaving the Hudson's
Bay Company no right except the right of asserting their title in the best way they could
in Courts of competent jurisdiction. And what would their title be worth the moment it
was known that the country belonged to Canada, and that the Canadian Government and
Canadian Courts had jurisdiction there, and that the chief protection of the Hudson's Bay
Company and the value of their property, namely, their exclusive right of trading in
those regions, were gone forever. The Company would only be too glad that the country
should be handed over to Canada, and would be ready to enter into any reasonable
snangement.

The value of the Company's interest would be determined by the value of their
stock \ and what would that be worth when the whole country belonged to Canada 1

* Joomals, Corns., Can., 1867-S, Vol. 1, p. 374.

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138 THE COL. SEC'Y. ON TERMS OF PROPOSED SURRENDER OF RUPERT'S LAND.



The Colonial Secretary to the Qoybrnor-Gbnbral.*

Downing Street,

23rd April, 1868.

My Lord, — I haye already acknowledged, on the 18th of January, your Lordship's
despatch, No. 107, of the 2l8t of December, transmitting a Joint Address from the
Senate and House of Commons of Canada to Her Majesty, praying the annexation to
€anada of Rupert's Land and the North-West Territory. Your Lordship will have the
goodness to inform the Senate and House of Commons tiiat their Address has been duly
laid before the Queen.

Her Majesty's Government will be willing to recommend a compliance with the
prayer of the Address so soon as they shall be empowered to do so with a just regard to
the rights and interests of Her Majesty's, subjects interested in those territories. They
are advised, however, that the requisite powers of government and legislation cannot,
consistently with the existing Charter of the Hudson's Bay Company, be transferred
to Canada without an Act of Parliament. Before such an Act can be obtained it is
necessary to consider the position of the Hudson's Bay Company.

The Company have held their Charter, and exercised privileges conferred by it, for
200 years, including rights of government and legislation, together with the property of
all the lands and precious metals j and various eminent Law Officers consulted in
succession have all declared that the validity of this Charter cannot justly be disputed
hj the Crown.

I have, on behalf of Her Majesty's €k>vemment, called upon the Company to state
the terms on which they would be prepared to surrender to the Crown whatever rights
they have over the lands and precious metals, including the rights of government, with
the intimation that no present payment in money will be made to them, but that in the
transference of their rights to Canada they might have a reservation made to them of
defined portions of land, and of a share of the future proceeds of the lands and predous
metals of the territory up to a certain fixed amount.

I enclose copies of the letters which have passed up to the present time between the
TTTin iKi,T ifiAQ Company and this Department upon the subject
C." a, iSh jln.; 1868. ^ purpose to introduce a Bill into the Imperial Parliament

C. O. ' 18th Jan./ 1868. with the view of authorizing any arrangement which may be

^'o' ^i^^'^*f*Sifi«^^' eflfected on the basis thus indicated; of defining the territory
' *' ^ * ' over which it extends ; and authorizing the subsequent transfer

to the Canadian Qovemment of the rights and powers to be acquired by the Crown in
respect to government and property, in accordance with the prayer of the Address.

With respect to the North- West Territory, the same obstacles do not exist to the
transfer of the greater part by the Crown to Canada at the present time, subject to proper
reservations of the rights and property of Her Majesty's subjects now settled therein, and
for the protection of Her Majesty's native subjects ; but I apprehend that while it remains
separated from Canada by the Hudson's Bay Company's Territory, still under the Com-
pany's gov^nment, it will not be the desire of Caimda to undertake the government of
this more remote country. A portion of the North- West Territory, immediately adjacent
to British Columbia, I am of opinion that it will be necessary for the pubUc advantage to
retain in the possession of the Crown, with a view to its incorporation with British
<Dolumbia.

I have the honour to be,
My Lord,
Your Lordship's most obedient, humble servant,

Buckingham <fe Chakdos.



* Journals, Corns., Can., 1867-8, Vol 1, p. 367.

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THE RUPERT'S J.AND ACT, 1868. 139



The Undkr-Secrbtary to the Dbputt-Goyerkob op the Hudson's Bay Company.*

DowNiNQ Street,

23rd April, 1868.

Sir, — I am directed by the Duke of Buckingham and Chandos to acquaint you that
he has had under his consideration the Address from the Parliament of Canada to Her
Majesty, praying that Rupert's Land and the North- West Territory may be united with
the Dominion of Canada, and placed under the authority of the Canadian Parliament, and
the letter from the Governor of the Hudson's Bay Company, dated the 25th of January,
OQ that subject

Her Majestjr's Government think that it will be right to comply, under proper
<K)nditions, with the wish expressed by the Parliament of Canada, and they propose to
introduce a Bill for the purpose into the Imperial Parliament

They desire, however, to pay due regard to the interests of Her Majesty's subjects
Aheady concerned in the Territory ; and with that view they will be prepared to make
provision for any reasonable terms which may be agreed upon with the Hudson's Bay
Company.

I am directed to caU your attention to the negotiations which took place in 1864
between the Secretary of State and the Company, as recorded in the correspondence
referred to in the margin, and I am to request that you will
Oolonial Office, nth Biar., state what are the terms which the Company would be pre-
<5tii Awfl, 1864. pared to accept, proceeding on the principles then adopted —

eth June, 1864. namely, that the compensation should be derived from the

^"^ftSi'y^S W64^^*°^' future proceeds of the lands, and of any gold which may be
JUi Daoem£sr *1S64. discovered in Rupert's Land, coupled with reservations of

defined portions of land to the Company.

I am, etc»|

C. B. Addbeley.
To Sir Curtis Lampson.



Ai Act for enabling Her Majesty to aocept a Surrender upon Terms of the
Lands, Privileges, and Rights of "The Governor and Company of Adven-
turers OF England trading into Hudson's Bay," and for admitting the

SAME into the DOMINION OF CANADA, f

Whereas by certain letters patent granted by His late Majesty King Charles the
Second in the twenty-second year of His Reign certain Persons therein named were
incorporated by the name of " The Governor and Company of Adventurers of England
tmding into Hudson's Bay," and certain lands and territories, rights of government,
«nd odier rights, privileges, liberties, franchises, powers, and authorities, were thereby
granted or purported to be granted to the said Governor and Company in His Majesty's
Dominions in North America :

And whereas by the British North America Act, 1867, it was (amongst other things)
«nacted that it should be lawful for Her Majesty, by and with the advice of Her Majesty's
most Honourable Privy Council, 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 as are in the Address expressed and as Her Majesty
thinks fit to approve, subject to the provisions of the said Ac<^ :

And whereas for the purpose of carrying into effect the provisions of the said British
North America Act, 1867, and of admitting Rupert's Land into the said Dominion as
tforesaid upon such terms as Her Migesty thinks fit to approve, it is expedient that the
said lands, territories, rights, privileges, liberties, franchises, powers, and authorities»

# Journals, Corns., Can., 18C7-8, Vol. 1, p. 374.
1 81-2 Vic, cap. 106. AsaentMl to aiit July, 1868.



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140 THE RUPERT'S LAND ACT, 1868.



flo far as the same have been lawfiilly granted to said Company, should be surrendered to^
Her Majesty, Her heirs and successors, upon such terms and conditions as may be
agreed upon by and between Her Majesty and the said Goyemor and Company as herein-
after mentioned :

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

1. This Act may be cited as " Rupert's Land Act, 1868."

2. For the purposes of this Act the term '< Rupert's Land" shall include the whole of
the lands and territories held or claimed to be held by the said Governor and Company.

3. It shall be competent for the said Gk>vemor and Company to surrender to Her
Majesty, and for Her Majesty, by any instrument under her sign manual and signet, to
accept a surrender of all or any of the lands, territories, rights, privileges, liberties^
franchises, powers, and authorities whatsoever granted or purported to be granted by
the said letters patent to the said Governor and Company within Rupert's Land, upon
such terms and conditions as shall be agreed upon by and between Her Majesty and the
said Governor and Company ; provided, however, that such surrender shall not be
accepted by Her Majesty until the terms and conditions upon which Rupert's Land shall
be admitted into the said Dominion of Canada shall have been approved of by Her
Majesty, and embodied in an Address to Her Majesty from both the Houses of the
Parliament of Canada in pursuance of the one hundred and forty-sixth section of the
British North America Act, 1867 ; and that the said surrender and acceptance thereof
shall be null and void unless within a month from the date of such acceptance Her
Majesty does, by Order in Council, under the provisions of the said last recited Act, admit
Rupert's Land into the said Dominion ; provided further, that no charge shall be imposed
by such terms upon the Consolidated Fund of the United Kingdom.

4. Upon the acceptance by Her Majesty of such surrender, all rights of govern-
ment and proprietary rights, and all other privileges, liberties, franchises, powers, and
authorities whatsoever, granted or purported to be granted by the said letters patent
to the said Governor and Company within Rupert's JLand, and which shall have been so
surrendered, shall be absolutely extinguished ; provided that nothing herein contained
shall prevent the said Governor and Company from continuing to carry on in Rupert's
Land, or elsewhere, trade and commerce.

5. It shall be competent to Her Majesty by any such Order or Orders in Council as
aforesaid, on Address from the Houses of the Parliament of Canada, to declare that
Rupert's Land shall, from a date to be therein mentioned, be admitted into and become
part of the Dominion of Canada ; and thereupon it shall be lawful for the Parliament
of Canada from the date aforesaid to make, ordain, and establish within the land and
territory so admitted as aforesaid all such laws, institutions, and ordinances, and to
constitute such Courts and officers, as may be necessary for the peace, order, and good
government of Her Majesty's subjects and others therein ; Provided that, until otherwise
enacted by the said Parliament of Canada, all the powers, authorities, and jurisdiction
of the several Courts of Justice now established in Rupert's Land, and of the several
officers thereof, and of all magistrates and justices now acting within the said limits,
shall continue in full force and effect therein.



The Colonial Seobbtabt to the Governob-Gbneral.*

DowKiNG Street,

8th August, 1868.

My Lord, — I have the honour to transmit to you, for your Lordship's information^
the enclosed copy of an Act of Parliament,! conferring powers for the surrender to Her
Majesty by the Hudson's Bay Company of their territories and privileges.

♦ Seas. Papers, Can., 1869, No. 25.

t [The Rupert^g Land Act, 186a— G. E. L.]



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CANADIAN DBLBQATION TO ENGLAND, 1868. 141



In pursuance of th« powers conferred by tliis Act, I propose to enter into negotia-
tions with the Hudson's Bay Company as to the terms on which they will surrender
^eir rights, and I shall not fail to keep your Lordship informed of the course of such
jiegotiationB.

I have, 4kc.,

BUOKIKGHAM & OhANDOS.

Grovemor the Right Honourable Viscount Monck.



l^BGRAM — ^ThB GoYBRNOB-GeKBRAL TO THB COLONIAL SbOBETARY.*

QuBBBO, 9th September, 1868.

Privy Council wish to send a delegation to London to take part in treaty with
Hudson's Bay Company.

They are anxious that negotiations with Company should be postponed till arrival of
delegates in London.

Please inform me by Cable how soon you will be able to receive them.

They are prepared to go immediately.

MOKOK.



Tblbgram — ^Thb Colonial Sbobbtaby to the Goybenob-Gbnbral.*

Colonial Offiob, 11th September, 1868.

Delegates to advise with me on the arrangements between the Crown and the
Oompany should start at once. I have appointment with Governor of Company for 18th,
iMit will now conclude nothing until delegation shall have arrived.

BUOKINQHAM 4^ ChANDOS.



Tblbgram — ^Thb Govbrnor-Gbnbral to thb Coloi^ial Sborbtart.*

QuBBBO, Uth September, 1868.

I find now that for reasons connected with the public service, delegates do not wish
to leave Canada till first week in November. Will this suit you 1

Monok.



Tblbobam— Thb Colonial Sborbtary to thb Govbbnor-Gbnbral.*

Colonial Offiob, 17th September, 1868.

I should have preferred an earlier date — ^I cannot defer negotiations with Hudson's
Bay Company, but probably the settlement of terms will occupy some time.

BUOKINGHAX & ChANDOS.



Tblbgram — ^Thb GovbmobtGbnbral to thb Colonial Sborbtart.*

QuBBBO, 18th September, 1868.
In consequence of your last message, delegates will leave for England .the 7th October

Monok.

«S6M. Pai>en, 0ml, 1869, No. 26.

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142 APPOINTMENT OF SIR GEO. CARTIER AND MR. M'DOUGALL AS DELEGATES.



Tblboram — ^The Colonial 8bcrbtart to the Goybbitor-Gbkeral.*

Colonial Office, 18th September, 1868.

I have seen Kimberley and Lampson to-day. I think it essential that some leading
member of your Government, if possible all delegates, should be here not later than dth
October to confer with me. Delegates will be wanted at least 10 days.

Buckingham <b Chandos.



Telegram — The Governor-General to the Colonial Secretary.*

Quebec, 22nd September, 1868.

Delegates intend to sail from hence October 3rd.

They trust nothing will be concluded untU their arrival in England, where they will
be due about the 13th.

MONOK.



Report of a Committee op the Privy Council, approved by the Governor-General

ON THE IsT October, 1868.*

In view of the great importance of the immediate settlement of the Hudson's Bay
question, and in consequence of the passage by the Imperial Parliament of the Act 31
and 32 Vic., cap. 105, and in accordance with the despatch of his Grace the Secretary
of State, No. 173, and dated 8th August, 1868, the Committee of Council advise that a
delegation proceed to England composed of the Hon. Sir G. E. Cartier and the Hon. W.
McDougall, for the purpose of arranging terms for the acquisition by Canada of Rupert'fr
Land, such terms to be subject to the approbation of the Governor in Council.

Wm. H. Lee,

Clerk, P. C.



Memorandum of Sir George E. Cartier and the Hon. William McDougall,

CANADLA.N DELEGATES TO ENGLAND.*

We have the honour to acknowledge communication of a Minute of Council of this
day's date, appointing us a delegation to England to arrange with the Imperial Govern-
ment the terms upon which Canada may acquire Rupert's Lajid, and to state that we havfr
much pleasure in accepting the mission.

We would, however, beg to call the attention of the Committee to the terms of the
recent Act of the Imperial Parliament to " enable Her Majesty to accept a surrender
upon terms of the lands, privileges and rights " of the Hudson's Bay Company which
declares that Rupert's Land for the purposes of that Act " shall include the whole of
the lands and territories held or claimed to be held " by the Company.

We would also call the attention of the Committee to the terms of the British NorUi
America Act, which provides for the admission of Rupert's Land and the North-West
Territory, or either of them, into the Union.

We respectfuUy recommend that we be authorized to arrange with the Imperial
Government for the admission of the North-West Territory into union with Canada,,
either with or without Rupert's Land as may be found practicable and expedient.

Geo. Et. Cabtibb,
W. McDougall.
October 1st, 1868.

* Sees. Papers, CaD., 186d, No. 26.

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PROPOSED TERMS OF SURRENDER OF RUPERT's LAND, 1868. 143:



Repobt op a Committee op / the Privy Council, approved by the Governor-
General ON THE IST OcTOBEH, 1868.*

The Committee have had under consideration a memorandum dated this day £ron>
the Hon. Sir Greorge E. Cartier, Bart., and the Hon. Wm. McDougall stating that they
have received communication of the Minute in Council appointing them a delegation Uy
England to arrange with the Imperial Government the terms upon which Canada may
acquire Rupert's Land, and expressing their readiness to accept that mission.

They however bring under the notice of the Government the terms of the recent Act
of the Imperial Parliament, to enable Her Majesty ** to accept a surrender upon terms,
of the lands, privileges, and rights " of the Hudson's Bay Company, which declares that
'* Rupert's Lsoid " for the purposes of that Act '* shall include the whole of the lands
and territories held^or claimed to be held " by the Company.

They also call your Excellency's attention to the terms of the British North America-
Act, which provides for the admission of Rupert's Land and the North- West Territory,
or either of them, into the Union, and they recommend that they be authorized to arrange
with the Imperial Government for the admission of the North- West Territory into union
with Canada, either with or without Rupert's Land as may be found practicable and
expedient.

The Committee advise that the authority requested by the delegates be granted, and
that a copy of this Minute, if approved by your Excellency, be transmitted to his Grace*
the Secretary of State for the Colonies.

Wm. H. Lee,



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

Hudson Bay House, London,

October 27th, 1868.

Sir, — ^The Committee of the Hudson's Bay Company have received from Sir C^
Lampson and myself reports of the interviews which we have had the honour to have with
his Grace the Duke of Buckingham and Chandos, on the subject of the proposed cession
to Canada of the Company's territorial rights, and they have anxiously considered how
fax they would be justified in altering the terms proposed in my letter of May 13th, with
a view to meet the objections which have been raised to them.

They understand his Grace to suggest that instead of the Company being entitled
to a free grant of 5,000 acres, to be selected by them for every 50,000 acres which shall
be alienated by the Government, the whole territory should be at once divided into
sections on the map, and that a certain portion of each section should be allotted to the
Company by fixed geographical rules, the Company taking the chance as to the value of
the land which might fall to its share ; and further, that in order to meet the evils which
might arise from the existence of so many blocks of wild land free from taxation, the
exemption of the Company's wild land from taxes should continue only for a limited period,,
say, for example, twenty years.

The Committee regret that they are unable to agree to this mode of allotment. One
of the chief inducements to their shareholders to accept the proposed arrangements would
be that, according to the plan of the Committee, if, as it is hoped, the colonization of the^
country proceeded rapidly under the new government, the Company would receive blocka
of land of moderate size in the vicinity of the new settlements, which would possess an
actual value in the market. But if the plan suggested by the Duke of Buckingham were
adopted, instead of the grants to the Company proceeding equally with the progress of
colonization, the whole country would be dotted over with isolated tracts of wild land
belonging to the Company, many of which even if ultimately available for settlement,.

*Se8fi. Papers, Cmi., 1869, No. 35.

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144 PBOPOSED TERMS OF SURRENDER OF RUPERT'S LAND, 1868 :



must necessarily remain entirely valueless until long after the expiration of the twenty
jears, and if tiuced would be a heavy burden instead of a source of profit to the Company.

The Committee are willing, however, to agree that the exemption from taxes on the
Company's wild land should only apply to each block of 5,000 acres, which they may be
entitled from time to time to select, for a period of twenty years from the date of selection.
This would give the Company a reasonable time within which to turn each block to
profitable account, and at the same time the ultimate liability to taxation would prevent
these lands from becoming an obstruction to the free progress of settlement.

The Committee think it right to add that they do not propose that land purchased
by the Company should be reckoned in the 50,000 acres ; and that the selection of the
land by the Company naturally implies that ihe Company shaU bear the cost of such a
survey as may be necessary to define the land selected, it being understood that the
Company shall have the option of making the survey by means of their own officers.

The Committee are quite willing that land granted for such purposes as roads,
churches or schools shall not be liable to the payment of one shilling per acre to the
Company, provided that the exemption is restricted to the land actually used in the
construction of the work, and that the exceptions are specified in the agreement with the
Government for the cession of the Company's rights. They also admit that it is proper
that a similar exemption should apply to land set apart as Indian Keserves, on the
understanding that these reserves will be made by Her Majesty's Government, as they
are informed it is his Grace's intention they shall be, before the Company's territoiy is
transferred to Canada, and that, if at any time before the million sterling is paid to the
Company, such land shall be used or granted for other purposes, it shall become liable to
the payment of a shilling an acre in common with other land.

With respect to the land which the Committee have asked that the Company may
retain as private property round their posts and stations, if 6,000 acres are thought to be
too much in that part of Rupert's Land which is suited for settlement, the Committee
will consent that the 6,000 acres shall only apply to posts which do not lie within the limits
referred to under article 10 in my letter of May 13th, as laid down in Sir K Head's
letter of November 11th, 1863, and that within these limits the extent of land to be



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 26 of 86)