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 34 of 86)
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to be granted by the said letters patent to the said Governor and Company within
Rupert's Land, and which shall have been so surrendered, shall be absolutely extinguished;
provided that nothing in the said Act contained shall prevent the said Governor and
Company from continuing to carry on in Rupert's Land, or elsewhere, trade and commerce.
And whereas Her said Majesty Queen Victoria and the said Governor and Company
have agreed to terms and conditions upon which the said Governor and Company shall
surrender to Her said Majesty, pursuant to the provisions in that behalf in the " Rupert's
Land Act, 1868," contained, all the rights of government and other rights, privilegeB,
liberties, franchises, powers and authorities, and all the lands and territories (except and
subject as in the said terms and conditions expressed or mentioned) granted or purported
to be granted by the said letters patent, and also all similar rights which have been
exercised or assumed by the said Governor and Company in any parts of British North
America not forming part of Rupert's Land, or of Canada, or of British Columbia, in



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H. B. OO.'S DESD OF SURBENDEB OF RUPERT'S LAND, 1869. 187



order and to the intent that, after such surrender has been effected and accepted under
the provisions of the last-mentioned Act, the said Rupert's Land may be admitted into
the XJnion of the Dominion of Canada, pursuant to the hereinbefore mentioned Acts or
one of them. And whereas the said terms and conditions on which it has been agreed
that the said surrender is to be made by the said Governor and Company (who are in the
following articles designated as the Company) to Her said Majesty are as follows, that is
to say: —

1. The Canadian Government shall pay to the Company the sum of £300,000
sterling, when Rupert's Land is transferred to the Dominion of Canada.

2. The Company to retain all the posts or stations now actually possessed and
ocoiipied by them, or their officers or agents, whether in Rupert's Land or any other part
of British North America, and may within twelve months after the acceptance of the
said surrender select a block of land adjoining each of their posts or stations, within any
part of British North America, not comprised in Canada and British Columbia, in con-
fonnity, except as regards the Red River Territory, with a list made out by the Company
and communicated to the Canadian Ministers, being the list in the annexed schedule.
The actual survey is to be proceeded with, with all convenient speed.

3. The size of each block is not to exceed in the Red River Territory an amount to
be agreed upon between the Company and the Governor of Canada in CounciL

4. So tsLT as the configuration of the country admits, the blocks shall front the river
or road by which means of access are provided, and shall be approximately in the shape
of parallelograms, and of which the frontage shall not be more than half the depth.

5. The Company may, at any time within fifty years after such acceptance of the
said surrender, claim in any township or district within the fertile belt in which land is
set out for settlements, grants of land not exceeding one-twentieth part of land so set
out, the blocks so granted to be determined by lot, and the Company to pay a rateable
ahm of the survey expenses, not exceeding eight cents Canadian an acre. The Company
may defer the exercise of ikeir right of claiming their proportion of each township or
district for not more than ten years after it is set out, but their claim must be limited
to an allotment from the lands remaining unsold at the time they declare their intention
to make it.

6. For the purpose of the last article the fertile belt is to be bounded as follows : —
On the south by the United States' boundary ; on the west by the Rocky Moun-
tains ; on the north by the northern branch of the Saskatchewan River ; on the east by
lake Winnipeg, the Lake of the Woods, and the waters connecting them.

7. If any township shall be formed abutting on the north bank of the northern
branch of the Saskatchewan River, the Company may take their one-twentieth of any
such township, which, for the purposes of this article, shall not extend more than five
miles inland from the river, giving to the Canadian Dominion an equal quantity of the
portion of land coming to them of townships established on the southern bank of the
said river.

8. In laying out any public roads, canals or other public works, through any block
of land reserved to the Company, the Canadian Government may take, without compensa-
tion, such land as is necessary for the purpose, not exceeding one-twenty-fifth of the total
acreage of the block ; but if the Canadian Government require any land which is
actually under cultivation, which has been built upon, or which is necessary for giving the .
Company's servants access to any river or lake, or has a frontage to any river or lake, the
said Government shall pay to the Company the fair value of the same, and shall make
compensation for any injury done to the Company or their servants.

9. It is understood that the whole of the land to be appropriated within the
meaning of the last preceding clause, shall be appropriated for public purposes.

10. All titles to land up to the eighth day of March, one thousand eight hundred
and sixty-nine, conferred by the Ci)mpany, are to be confirmed.

11. The Company is to be at liberty to carry on its trade without hindrance in its
corporate capacity ; and no exceptional tax is to be placed on the Company's land, trade,
Of senrants, nor any import duty on goods introduced by the said Company previously to
such acceptance of the said surrender.



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188 SOHSQULB TO H. B. CO/S DBED OF SURRENDIR OF BUPEBT'S LAND, 1869.



12. Canada is take over the materials of the electric telegraph at cost price ; tach
price including transport, but not including interest for money, and subject to a deduction
for ascertained deterioration.

13. The Company's claim to land under an agreement of Messrs. Yankoughnet and
Hopkins is to be withdrawn.

14. Any claims to Indians to compensation for lands required for purposes of settle-
ment shaU be disposed of by the Canadian GoTemment in communication witl^ the Imperial
GoYernmeut ; and the Company shall be relieved of all responsibility in respect of them.

And whereas the surrender hereinafter contained is intended to be made in pursuance
of the agreement, and upon the terms and conditions hereinbefore stated.

Now know ye, and these presents witness, that in pursuance of the powers and pro-
visions of the " Rupert's Land Act, 1868," and on the terms and conditions aforesaid, and
also on condition of this surrender being accepted pursuant to the provisions of that
Act, the said Governor and Company do hereby surrender to the Queen's Most Gracious
Majesty, all the rights of government, and other rights, privileges, liberties, franchises,
powers and authorities, granted or purported to be granted to the said Governor and
Company by the said recited letters patent of His late Majesty King Charles the Second ;
and also all similar rights which may have been exercised or assumed by the said
Governor and Company in any parts of British North America, not forming part of
Rupert's Land or of Canada, or of British Columbia, and all the lands and territories
within Rupert's Land (except and subject as in the said terms and conditions mentioned)
granted or purported to be granted to the said Governor and Company by the said letters
patent In witness whereof, the Governor and Company of Adventurers of En g l an d
trading into Hudson's Bay, have hereunto caused their Common Seal to be affixed, the
nineteenth day of November, one thousand eight hundred and sixty-nine.



THE SCHEDULE ABOVE REFERRED TO.
Northern Department, Rupkbt's Land.



Difltrict.


Post.


Acres of Land.


ICnoliiih RiTAr


Isle It la Crosse


50
5

20
100

10
5






Rapid River








say 10 acres each end of Portage,




Green Lake




Coldliake






Deer's Lake






Edmonton House


190 acres in English River District


SMkatohewan


3,000

600

3,000

3.000

3,000

3,000

3,000

3,000

500

1,000

50

500

500

500

1,000

100

60




Rocky Mountain House

Fort Victoria

St Paul






Fort Pitt






Battle River






Oarlton House .......t*..-






FortAlbert

Whitefish Lake






Lac La Biche






Fort Assineboine






Lesser Slave Lake

Lac Ste. Anne

Lao La Nun * ....






St. Albert






Pigeon Lake






Oia White Mud Fort

Cumberland House

Fort La Cooue


25,700 awet in Saskatchewan District


Onmberland


100
3,000

50
1,000

26








Pelican Lake

Moose Woods






The Pas








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8CHEDULB TO H. B. CO/S DEED OF SURRENDER OF RUPERT'S LAND, 1869. 189



Diffcriet.




Acres of Land.



CmnberlMid.
Swan RiTtr .



Moose Lake ,

Grande Rapid Portage ,



Fort Pelly

FortEUice

Q*Appelle Lakes .
ToQchwood Hills.

Shoal River

Manitobah

Fairford



Red River.



Upper Fort Garry
Toi ' *



and^
^own of Winnipeff
Lower Fort Garry (includ-
ing the farm the Company
now have under cultiva-
tion)

White Horse Plain



Manitobah Lake...
Portage La Prairie
LakeLaFluie ....



. 1 Oak Point .



Yoit



Norway House ,



Fort Alexander ....

Fort Frances

Eagle's Nest

Big Island

Lac du Bonnet

Rat Portage

Shoal Lake ... . • • .
Lake of the Woods

Whitefish Lake

English River

Hungry Hall

Trout Lake

Clear Water Lake..
Sandy Point



York Factory. .

Churchill

Severn ,

Trout Lake ..

Oxford

Jackson's Bay
God's Lake....
Island Lake .



Norway House.
Berens River . .
Grand Rapid . .
Nebon's River .



Total in Northern Department .



50
100



3,000

3,000

2,500

500

50

50

100



50 acres at each end of Portage.
4,3^ acres in Cumberland District



9,200 acres in Swan River District.



( Such number of acres as may be agreed
,\ upon between the Company and the
\ Grovemor of Canada in Council.



50
1,000



500
500
20
20
20
50
20
50
20
20
20
20
20
20



1,050



100
10
10
10

100
10
10
10



1,300 acres in Lac La Pluie District.



100
26
10
10



260



145



42; 170 acres.



Albany ...
WtKain



Southern Department, Rupert's Laud.



Albany Factory.
Martin's Falls . .

Osnaburg

LacSeul



Little Whale River
Great Whale River .
Fort George ,



Moose Factory..
Hannah Bay....

Abitibi

New Brunswick ,



100
10
25

500



50
50
25



100
10
10
25



Otf



12S



Itf



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190 SCHEDULE TO H. B. CO/S DEED OF SURRENDER OF RUPERT'S LAND, 1869.



DUtrict.


Pott.


Acres of Land.


Rupert's RiTer


RnDert's Hoiue


60


Mistassing

Temiskamay


10
10




Woawonaby

Mechiskun

Pike Lake


10 *

10

10




Nitohe()uou

Matawagamique


10
10


^ff^nmifuno


60


,


Kackatobsh . .'

Southern Department


10

60






ToUlin


1,085 acres.



Superior

Temiscaminque .

Labrador



Montreal Department, Rupebt's Land.



Long Lake

Kakababeagino



Fort Nascopie

Outposts, ditto

Fort Chimo(Ungava).
South River, Outposts.

George's River

Whale River

North's River

False River ..



Total in Montreal Department



10
10



75
25
100
30
50
50
25
25



20



380



400 acres.



Athabasca



McKenxie's River.



Northern Department, North- West Tbrritobt

Fort Chippewyan

Fort Vermilion

Fort Dunvegan

Fort St. John's

Forks of Arthabasoa River.

Battle River

Fond du Lac

Salt River



Fort Simpson

Fort Liard

Fort Nelson

The Rapids

Hay River

Fort Resolution . .

Fort Rae

Fort du Lac

Fort Norman . . .
Fort Good Hope .

Feel's River

Lapierre's House.
Fort Halkett ....



Total in North- West Territory 1,505 acres.



10

500

50

20

10

5

6

5



100

300

200

100

20

20

10

10

10

10

10

10

100



605 acres in Athabaska District.



900 acres in McKenzie's R. Disitrict.



RECAPITULATION.

Acres.

Northern Department, Rupert's Land 42^170

Southern do do 1,096

Montreal do do 400

Northern do North- West Territory 1^506

45,160



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CORRESPONDENCE RESPECTING DISTURBANCES AT R. R. SETTLIMENT, 1869. 191



Tblbgram — ^Thb Goykrnob-Genbral, Sir John Toung, to Lord GRANviLLSy Colonial

Sbcrktary.*

Ottawa, November 23rd, 1869.

Mr. McDoQgall, designated Lieutenant-Governor of North-West Territory, after
transfer, is stopped on the way to Fort Garry by small armed force of insurgent half-
breeds. The Hudson's Bay Company authorities, in whom government still rests, are
seemingly powerless and inactive. Half-breeds have appointed Provisional Committee of
€k>vemment ; John Bruce, president Governor McTavish very ill, said to be dying.



Tblbqram — ^The Governor-General, Sir John Tounq, to Lord Granville, Colonial

Secretary.*

Ottawa, November 27th, 1869.

Your telegram received and considered by Privy Council.

On surrender by Company to Queen, the government of Company ceases. The
responsibility of administration of affairs will then rest on Imperial Government.
Canada cannot accept transfer unless quiet possession can be given. Anarchy will
follow. Bebels have taken possession of Fort Garry, and it is said are using the stores
of Company. A change of feeling is hoped for, and till then the governing power should
remain with present authorities. My advisers think Proclamation should be postponed.
Mr. McDou^tll will remain near frontier, waiting favourable opportunity for peaceable
ingress. Parties having influence with Indians and half-breeds are proceeding to join
McDongalL

John Young.



The Colonial Secretary to the Governor-General.*

Downing Street,

30th November, 1869.

Sir, — I have received, with much regret, your telegraphs of the 23rd and 27th
instant, informing me that disturbances have occurred in the Red River Settlement, and
that Canada cannot accept the transfer of the Territories hitherto occupied by the
Hudson's Bay Company, unless quiet possession can be given.

It becomes necessary, under these circumstances, to recall to you the state of this
question.

Although Her Majesty's Government have long desired that the title of the Hudson's
Bay Company to these Territories should be extinguished, yet this extinction has been
uniformly pressed forward by and in the interests of Canada.

On the 11th of November, 1864, a Committee of the Executive Council of Canada
expressed themselves "more than ever impressed with the importance of opening up to
settlement and cultivation the lands lying between Lake Superior and the Rocky
Mountains," and expressed the opinion that the first step towards settlement was the
extinction of all claim by the Hudson's Bay Company to proprietary rights in the soil or
exclusive right of trade.

By Mr. Card well's despatch of the 17th June, 1866, it a*ppears that the Ministers of
the then Province of Canada desired that the North- West Territory should be made over
to that Province, and undertook to negotiate with the Company for the termination of
their rights.

* Sees. Papers, Can., 1870, No. 12.

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192 CORRESPONDENCE RESPECTING DISTURBANCES AT R. R. SETTLEMENT, 1869 :



On the 22nd of June, 1866, the Executive Oouncil of Canada expressed the opinion
that the most inviting parts of the territory would shortly be peopled by persons whom
the Company were unable to control, and who would establish a €k>yemment and
tribunals of their own, and assert their political independence ; that such a community
would cut British North America in two, and retard or prevent their communication by
railway, and, therefore, that 'Hhe future interests of Canada and all British North
America were vitally concerned in the immediate establishment of a strong Government
there, and in its settlement as a part of the British colonial system."

They express their conviction that the Confederate €k>vemment and Legislature will
feel it to be one of their first duties to open negotiations with the Company for the
transfer of their claims to the territory which, but for the approach of Confederation,
they would themselves have done. And meantime they pray Her Majesty's €k>vemment
to discountenance and prevent any such sales of any portion of the territory as had then
been proposed to its existing proprietors.

By the Act of Parliament which effected Confederation, the Queen was authorized
on certain terms to annex these territories to the Dominion. These powers the Canadian
Parliament prayed her to exercise. Her Majesty's Government were unable to concur
in the terms on which the transfer was proposed to be made ; but after prolonged n^o-
tiations and the passing of a second Act of Parliament, fresh terms were agreed upon
between the Hudson's Bay Company and the representatives of the colony, and were
embodied in a second address from the Canadian Parliament The other requisite
instruments have been prepared, and the Canadian Government itself has named, first,
the 1st October, and next, the 1st of December, for the completion of the transf^.
Meanwhile the Company have been informed, by the agents of the Canadian Government
(Messrs. Baring and Glyn), that the indemnity of X300,000 will be paid on due proof of
the completion of their surrender.

Throughout these negotiations it has never been hinted that the Company is to be
bound to hand over its territory in a state of tranquillity. Bather its inability to secure
that tranquillity, and the dangers resulting from that inability to the neighbouring
colony, is taken for granted as a reason why its responsibilities should be adopted by
Canada. «

This being the state of the case, the Canadian Government, in anticipation of the
transfer, now agreed on by all parties, undertook certain operations in respect of land,
subject in the first instance to a faint protest from the Company, and directed the future
Lieutenant-Governor to enter the territory. The result) unfortunately, has not met the
expectations of the Colonial Government.

Mr. McDougall was met, it appears, by armed resistance, and the disturbances
caused by his presence seem to have resulted in the plunder of the Company's stores, and
the occupation of Fort Garry by the insurgent portion of the population.

But the Canadian Government having, by this measure, given an occasion to an
outburst of violence in a territory which they have engaged to take over, now appear to
claim the right of postponing indefinitely the completion of their engagements to the
Company, and of imposing on Her Majesty's Government the responsibility of putting
down the resistance which has thus arisen.

This, at least, I understand from the passages '* on surrender by the Company to the
Queen of Great Britain, the government of the Company ceases," and " Canada cannot
accept the transfer unless quiet possession can be given."

You will, however, perceive on referring to the Act of Parliament 31 and 82 Vict
cap. 105, that if, on the one hand, the Parliament of Canada embodies in an address the
terms on which they are prepared to receive Rupert's Land into the Dominion ; and if,
on the other hand, the Company surrenders their territory on terms agreed on with Her
Majesty, it merely remains for Her Majesty, first, by acceptance of the surrender, and
next, by Order in Council, to give effect to the arrangement thus agreed to by both
parties ; and it is provided that the surrender of the territory becomes null and void,
unless, within a month of its acceptance by the Queen, Rupert's Land is, by such Order
in Council, admitted into the Dominion of Canada.

You will see, therefore, that it is impossible for Her Majesty to accept the surrender



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PROPOSED POSTPONEMENT OF TRANSFER IN CONSEQUENCE. 193



of the Hudson's Bay Company's territory unless it is certain within a month to be
transferred to Canada.

Unless, therefore, it is to be so transferred, it must remain under the jurisdiction of
the Company, and liable to all the disorders which are to bo expected when the prestige
of a Government) long known to be inadequate, is shaken by the knowledge that it is
also expiring, and by the appearance, however well intended, of its successor. This is not
a state of things in which Her Majesty's €k>vemment ought to acquiesce, if they have the
power of preventing it.

The British Government is, by the Act of Parliament, practically invested with the
power, and therefore the duty, of giving effect to what has been deliberately agreed upon
between the Company and the colony. If, after all that has passed, the Company present
their surrender and claim its acceptance by Her Majesty as a means of enabling them to
enforce obligations which it is too late to repudiate, and for the fulfilment of which the
Canadian Government has itself fixed a time, I do not see how it is possible for Her
Majesty's Crovemment to reject their application on the grounds put forward by your
Ministers.

I am glad to see that they are doing what they can to assist in the restoration
of order, and I should not have been surprised to learn that^ while completing the
transaction practically, as between themselves and the Company, they were desirous of
choosing their own mcnnent for a public announcement of the chaii^ of jurisdiction.

But while Her Majesty's Government would have been ready to acquiesce in any
such short postponement of the formal Act of transfer, they do not feel that they are at
liberty to treat the transaction as capable of being re-opened, or that they can refuse an
application from the Company to complete a transfer which appears to them, not merely
the only means of providing for the restoration of order, but also to be due as a matter
of mere justice to one of the parties.

Her Majesty's €k>vemment have reason to believe that the Hudson's Bay Company
feel it to be their interest, and it is their wish, to assist to the extent of their power the
Government of the Dominion ; and I have to instruct you to impress strongly upon your
Ministers, the anxious desire of Her Majesty's Government to make the authority of the
Queen available in their support

I have the honour to be. Sir, %

Your most obedient, humble servant,

Grakyillb.
Govemor^General

The Rt Hon. Sir John Young, Bart., G.C.B., Q.C.M.G.,
etc., etc., etc .



Rbport of a Committee of the Pbivt Council, Canada, dated the 16th

December, 1869.*

The Committee of Council have had before them the despatch of the Bight Hon.
the Secretary of State for the Colonies of the 30th ult., on the subject of the two
telegrams sent by your Excellency on the 23rd and 27th ult., to the Colonial Offioe, on
Uie subject of the disturbances in the Red River Settlement.

The Committee readily acknowledge the correctness of the narrative in the despatch
of the proceedings which resulted in the final arrangements for the transfer of the North-
western Territory to Canada.

The circumstances which created the desire of the Qoyemment and people of Canada
to acquire that country, have been so often and so recently stated, that they do not seem
to require reiteration. It was alike the interest of Her Majesty's Government, Canada,
And the Hudson's Bay Company, that the transfer should be made. Canada still desires
to aoqcdre the territory, and is quite ready to perform all the obligations that she has



*S6u. Pftpan, Cad., 1970, No. 12.

13



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194 DISTURBANCES AT RED RIVER SETTLEMENT, 1869 :



incurred under the recent arrangements made with Her Majesty's GoTemment and the
Company for the completion of t£e transfer.

At the same time, it would seem clear that if Canada is bound to accept the transfer
of the territory, the Company is equally bound to make it. It surely was never contem-
plated by any of the parties engaged in the negotiations that the transfer was to be a
mere interchange of instruments. It must, from the nature of things, have been under-
stood by all parties, that the surrender by the Company to the Queen, and the transit
by Her Majesty to the Dominion, was not to be one of title only. The Company was to
convey not only their rights under the charter, but the territory itself of which it was in
possession, and the territory so conveyed was to be transferred by Her Majesty to Canada.

That there would be an armed resistance by the inhabitants to the transfer was, it ii
to be presumed, unexpected by all parties; it certainly was so by the Canadian



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 34 of 86)