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 42 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 42 of 86)
Font size
QR-code for this ebook


The Committee of the Privy Council have had under consideration the memoran-
dum, dated 2nd June, and hereunto annexed, from the Honourable the Minister of the
Interior, representing that as some considerable time must elapse before the northern
and western boundaries of Ontario can be finally adjusted, it is desirable in the meantime
to agree upon conventional boundaries, and suggesting that the Ontario Government be
moved to appoint a Commissioner to meet with him, the Minister of the Interior, and
arrange some joint system for the sale of lands, and adjusting disputed rights in the
territory claimed by both Governments by the adoption of a conventional boundary on
the west and north, and that, after the final adjustment of the true boundaries, titles
to lands should be confirmed by the Government, whether of Ontario or the Dominion,
whichever should be the party to legalize the same.

The Committee concur in the recommendation submitted in the said memorandum,
and submit the same for your Excellency's approval.

W. A. HiMSWORTH,

Clerk Privy OotmciL
*See8. Papers, Ont., 1875-6, No. 14, p. 7.

Digitized by VjOOQ IC



244 AGREEMENT FOR PROVISIONAL BOUNDARY, 1874.



The Under-Sborbtaby of State to thb Libutbnant-Goveenob.*

^ Dbpartmbkt of the Sbgbetary of State,

Ottawa, 6th June, 1874.

Sir, — ^I have the honour to transmit to yoa herewith a copy of an Order in Oooncil
of the 8rd inst., soggesting that your Government be moved to appoint a Commissioner
to meet the Honourable the AfiniBter of the Interior, and arrange some joint system for
the sale of lands, and adjusting disputed rights in the territory okimed by both Govern-
ments, by the adoption of a conventional boundary on the west and north, and for the
other purposes mentioned in the said Order in Counoil.

I have the honour to be, Sir,

Your obedient servant,

Edouard J. Lamoevut,
Under-Secretary of State.
His Honour the Lieutenant-Governor of Ontario,
Toronto.



Memorandum of Agreement for Provisional Boundary in Respbot of Patekts

OF Land&I

The Government of the Dominion of Canada having, by an Order in Council dated
the 8rd day of June, 1874, suggested that the Ontario Government should be moved
to appoint a Commissioner to meet the Minister of the Interior and *' arrange some
joint system for the sale of lands, and adjusting disputed rights in the territory
claimed by both Governments, by the adoption of a conventional boundary on the west
and north, and that after the final adjustment of the true boundaries, titles to lands
should be confirmed by the Government, whether of Ontario or the Dominion, whichever
should be the proper party to legalize the same.'*

And the Ontario Government having acted on the suggestion of the Privy Council,
by appointing the Commissioner of Crown Lands of that Province to meet the Minister
of the Interior, and discuss the proposed arrangements, and the said parties having met
this day, have agreed to the following propositions as ttie basis of a memorandum to be
submitted to their respective Governments : —

1. That the conventional boundary of the Province of Ontario, for the purposes set
forth in the said Order in Council of the Brd June instant, shall be, on the west, the
meridian line passing through the most easterly point of Huntelr*s Island, run south
until it meets the boundary Ime between the United States and Canada, and north until
it intersects the fifty-first parallel of latitude ; and the said fifty- first parallel of latitude
shall be the conventional boundary of the Province of Ontario on the north.

2. That all patents for lands in the disputed territory, to the east and south of the
said conventional boundaries, until the true boundaries can be adjusted, shall be issued
by the Government of Ontario ; and all patents of lands on the west or north of these
conventional boundaries shall be issued by the Dominion Government

8. That when the true west and north boundaries of Ontario shall have been
definitely adjusted, each of the respective Governments shall confirm and ratify saob
patents as may have been issued by the other for lands then ascertained not to be within
the territory of the Government which granted them, and each of the respective
Governments shall also account for the proceeds of such lands as the true boundaries,
when determined, may show to belong of right to the other.

4. That the Government of the Dominion shall transfer to the Government of the
Province of Ontario all applications for lands lying to the east and south of the oonven-

«Se88. Papers, Ont, 1875-€, No. 14, p. 7. f/Md., p. la

Digitized by VjOOQ IC



AOBKEMBNT FOR PROVISIONAL BOUNDARY, 1874. 246



lioDftl boundaries, and also all deposits paid on the same ; and the Ontario Government
shall transfer to the Dominion Government all applications for lands lying to the west
or north of the said boundaries, and likewise all deposits paid thereon ; and suoh of the
said applications as are bona fide and in proper form, shall be dealt with finally, according
to the priority of the original filing, and where applications for the same lands have been
filed in the Departmento of both Governments, the priority shall be reckoned as if all
had been filed in one and the same office.

Signed in dupUcate this 26th day of June, 1874.

David Laird,

Mirmter qj iihe Interior,

T. B. Pardee,

Commissumer of Crown Lands.



Rbpobt op a Committee op the Privy Council, approved by the Governor-
General ON THE 8th day OP JULY, 1874.*

The Committee have had under consideration a memorandum, dated 29th June,
1874, from the Honourable the Minister of the Interior, stating that, in pursuance of
the suggestion contained in the Minute in Council of the 8rd June inst., relative to a
proyisional arrangement respecting the western and northern boundaries of the Province
of Ontario and the questions therewith connected, the Ontario Government appointed the
Hem. T. B. Pardee, Commissioner of Crown Lfuids in that Province, to meet him, the
Minister of the Interior, at his office, with a view to their arriving at some understanding
of a provisional nature on the subjects referred, and that on the 26th June ult., the
memorandum hereto annexed was agreed upon, and he submits the same for the
consideration of your Excellency in Council.

The Committee are of opinion that the provisional arrangement proposed in the
scud memorandum is unobjectionable, and advise that the same be sanctioned by your
Exoellency in Council.

Certified.

W. A. HiMSWORTH,

C. P, C.



Order in Council, approved by the Lieutenant-Governor the 9th day of

July, 1874.*

The Committee of Council have had under consideration the Eeport of the Honour-
able the Commissioner of Crown Lands, dated 2nd July, 1874, submitting for ratification
and approval by your Excellency a joint memorandum signed by the Hon. David Laird,
ffinifiter of the !hiterior of the Dominion of Canada, and the Honourable the Commis-
sioner of Crown Lands, whereof a copy is hereunto annexed, fixing a temporary
conventional boundary of the Province of Ontario on the west and north, and adoptiilig
a system for the sale of lands and for adjusting disputed rights in the territory claimed
by both Governments.

The Committee advise that the arrangements proposed in the said memorandum be
adopted and ratified by your Excellency.

Certified.

J. G. Scott,
Clerk^ Executive Gotmeil, OrUario.



'♦Seen. Papers, Ont, 1875-6, No. 14. p. 9.

Digitized by VjOOQ IC



246 REPORT OF HON. ADAM CROOKS RESPECTING REFERENCE TO ARBIT'N.; 1874.



The Lieutenant -(^oybrnor to the Sbobbtart of Statb."^

Government House,

Toronto, 10th July, 1874.

8iB, — ^I have the honour to transmit herewith a copy of an Order in CouneQ
approving of a joint memorandum, signed by the Hon. David Laird, Minister of the
Interior of the Dominion of Canada, and the Honourable the Commissioner of Crown
Lands of this Provinoe (a copy of which is also enclosed), fixing a temporary boundary
of the Provinoe of Ontario on the west and north, and adopting a system for the sale
of lands and for adjusting disputed rights in the territory claimed by both Governments.

I have, etc.,

John Crawford.
The Honourable the Secretary of State, Canada,
Ottawa.



The Under-Secretary of State to the Lieutenant-Governor.!

Department of the Sepretart of State,

Ottawa, 22nd July, 1874.

Sir, — I have the honour to transmit to you, for the information of your Govern-
ment, a copy of an Order of His Excellency the Governor-General in Council, approving
of a memorandum of agreement adopted by the Hon. the Minister of the Interior,
and the Hon. the Commissioner of Crown Lands of the Province of Ontario, relative to
a provisional arrangement respecting the western and northern boundaries pf that
Province.

I have the honour to be. Sir,

Your obedient servant.



Edouard J. Lanoevin,
Under-Secretary of Stale,



To His Honour the Lieutenant-Governor of Ontario,
Toronto, Ontario.



Report of the Hon. Adam Crooks, Member of the Executive Council, to the

Lieutenant-Governor. %

May U plecue your Excellency :

The utidersigned has the honour to report the following on the subject of the
western and northern boundaries of the Province of Ontario :

By Chapter 28 of the Acts of the Parliament of the United Kingdom of Great
Britain and Ireland, passed in the Session held in the thirty-fourth and thirty-fifth years
of Her Majesty's reign, and intituled ** An Act respecting the establishment of Provinces
in the Dominion of Canada,'' it was enacted that the Parliament of Canada might from
time to time, with the consent of the Legislature of any Province of the said Dominion,
increase, diminish or otherwise alter the limits of such Province, upon such terms and
conditions as might be agreed to by the said Legislature, and might, with the like
consent, make provision respecting the effect and operation of any such increase or

* Sen. Papera, Ont., 1975^, No. 14, p. a fiMd.p. 9. :): /M<i, p. 14. SeeOrderinCoimoil,p.249,|XM^

Digitized by VjOOQ IC



AGREEMENT FOR SUBMISSION TO ARBITRATION, 1874. 247



diminution or alteration of territory in relation to any Proyinoe affected thereby. By
a resolution of the Legislative Assembly, passed on the 8rd day of March last, the
House approved of the reference of the question of the western boundary of this
ProTuioe to arbitration, or to the Privy Council, according as the Lieutenant-Governor
in Council should see fit. It is considered by your Excellency's Council to be expedient
that the question of the northern boundary of Uiis Province should be determined at the
same time as the western boundary, though the determination of the northern boundary
is not of 80 pressing importance as the other. In view of these objects, the undersigned,
before his late visit to Ottawa on other public business, was authorized by the other
members of your Excellency's Council to propose (subject to your Excellency's approval)
to the Government of the Dominion that the question concerning the northern and
western boundaries of the Province of Ontario should be determined by a reference to
arbitrators to be mutually agreed upon, and whose standing and ability might readily
be expected to secure for their decision the confidence alike of the people of Ontario and
the people of the Dominion.

Tour Excellency's Council were of opinion that a decision by such arbitrators is
likely to be more prompt and perhaps more satisfactory than any oUier mode of decision
which is attainable.

The undersigned was also authorized to suggest the name of the Hon. William
Baell Richards, Chief Justice of Ontario, as one of the arbitrators, subject to your
Excellency's approvd.

Accordingly, the undersigned while at Ottawa conferred with the Premier and other
members of the Dominion Government on the subject of the said matters, and made
the above suggestions to them.

The Government of the Dominion Concurred in the views expressed on the part of
the Government of Ontario, and proposed on behalf of the Dominion the name of the
Hon. Lemuel Allan Wilmot, late Lieutenant-Governor of New Brunswick, to act in
conjunction with the said Chief Justice, and that authority be given to the said the Hon.
William Buell Richards and the Hon. Lemuel Allan Wilmot, to agree upon a third
person to be associated with them, such third person not being a resident of Canada,
and that the determination of a majority of such referees should be final anil conclusive
upon the limits to be taken as and for such boundaries as aforesaid respectively.

The imdersigned recommends that the Province agree to concurrent action with
the Dominion in obtaining such legislation as may be necessary for giving binding effect
to the conclusion which may be arrived at, and for establishing the northern and
western boundaries of the Province of Ontario in accordance therewith.

Adam Crooks.
10th November, 1874.



RlPOBT OP A COHJOTTBE OF THE PbIVY CoUNCIL, APPBOVBD BY THE GoVERNOB-GbNBBAL

ON THE 12th Novembbb, 1874.*

On a memorandum dated 12th November, 1874, from the Hon. Mr. Mackenzie,
stating that he recommends concurrence in the proposition of the Government of Ontario
to determine by means of a reference the northern and western boundries of that Prov-
ince relatively to the rest of the Dominion.

That the Ontario Government having named the Hon. TVilliam Buell Richards,
Chief Justice of Ontario, as one of the referees, he submits the name of the Hon. Lemuel
Allan Wilmot, formerly Lieutenant-Governor of the Province of New Brunswick, to act
in conjunction with him, and advises that authority be given them to agree upon a third
person, not being a resident of Canada, and that the determination of a majority of such
three referees be final and conclusive upon the limits to be taken as and for such
bonndaries respectively.

* SeB8. Papers, Ont., 1875-6, No. 14, p. 14.

Digitized by VjOOQ IC



548 AGREEMENT FOR SUBMISSION TO ARBITRATION, 1874.



He farther recommends that the Dominion agree to oonoorrent action with the
Province of Ontario in obtaining such legislation as may be necessary for giving binding
effect to the conclusions arrived at, and for establishing the northern and western limits
-of the Province of Ontario in accordance therewith.

The Committee snbmitthe above recommendations for your Excellency *s approval.

Certified.

W. A. HiMSWORTH,

C. P. C.



EXTRAOT FROM THE SpEEOH OF HiS HONOUR THE LtEUTBN ANT- GOVERNOR OF ONTARIO, ON

THE Opening of the Legislature, 12th November, 1874.*

In accordance with a resolution passed at your last session, with respect to the westerly
and northerly boundaries of the Province, my Government and the Government of the
Dominion have agreed on a provisional line, to be assumed as correct for the purpose of
land grants by each Government until the true and permanent boundary shall be ascer-
tained and determined ; and have agreed to leave to arbitration the question as to the
permanent boundary. Two distinguished gentlemen have been selected for the office of
arbitrators, and they are soon to enter upon their duties, and will probably finish their
work in the early part of next year.



The Under-Secretary of State to the Lieutenant-Governor. f

Departkent of the Secretary of State,

Ottawa, 2l8t November, 1874.

Sir, — I am directed to transmit to you, for the information of your Government, a
copy of an Order of His Excellency the Governor-General in Council, on the subject of the
appointment of referees to determine the nortiiern and western boundaries of the
Province of Ontario, relatively to the rest of the Dominion.

I have the honour to be, Sir,

Your obedient servant,

Edouard J. Langevin,

Under-Secretary of State,
His Honour the Lieutenant-Governor of Optario,
Toronto.



The Under-Secretary of State to Hon. Lemuel Allan Wilmot.J

Department of the Secretary of State,

Ottawa, 2 let November, 1874.

Sir, — I have the honour to inform you that His Excellency the Governor-General
in Council has been pleased, at the instance of the Government of the Province of Ontario,
to direct that the question of the northern and western boundaries of that Province rela-
tively to the rest of the Dominion, be determined by means of three referees, of whom
one is to be named by the Government of the Dominion, and one by the Government
of Ontario — these two to have authority to agree upon a third, not being a resident of



* Journals Leg. Abb., 1874, VoL 8, p. 1.

t Sess. Papers, Ont., 1875-6, No. 14, p. 13.

t House of CJoioB. Return, 19th March, 1881, No. 37, p. 22.



Digitized by



Google



APPOINTMENT OF ARBITRATORS, 1874. 249



Canada ; the determination of a majority of snob three referees to be final and conola-
sive upon the limits to be taken as and for such boundaries respectively.

I am further directed to state that His Excellency desires to avail himself of your
services as a referee on behalf of the Dominion for the above purpose^ to act in con-
junction with the Honourable William Buell Bichards, Chief Justice of Ontario, the
referee named by the Government of that Province.

I am to add that the Dominion Government agree to concurrent action with the
Province of Ontario in obtaining such legislation as may be necessary for giving effect to
the conclusions arrived at, and for establishing the northern and western limits of the
Province of Ontario in accordance therewith.

May I request that you will have the goodness to acquaint me, for His Excellency
the Governor-General's information, whether you are prepared to accept the office of
referee for the Dominion, and that, if so, you will place yourself in communication with
the Honourable Mr. Chief Justice Bichards.

I have the honour to be. Sir,

Tour obedient servant,

Edouaro J. Lanoevin,

Under-Secretary of State.
Hon. L. A. Wilmot, Fredericton, N.B.



Ordbr in Council, approved by the Lieutenant-Governor the 25th day of

November, 1874.*

The Committee of Council have had under consideration the annexed Report of
the Hon. the Treasurer, dated 10th November, 1874, | with reference to the western and
northern boundaries of Ontario, and advise that the action of the Treasurer be approved
of by your Excellency, and that the recommendations contained in the said Beport be
aeted upon.

Certified. J. G. Scjott,

Clerk Executive Council^ Onta/rio,



The Assistant Provincial Secretary to Chief Justice Richards.!

Provincial Secretary's Office, Ontario,

Toronto, 3rd December, 1874.

Sir, — I am commanded by His Honour the Lieutenant-Governor to inform you that
he has been pleased to appoint you one of the arbitrators in the matter of the settlement
of the northern and western boundaries of the Province of Ontario. I am, at the same
time, to transmit, herewith, copy of the Order in Council, and the recommendation of
the Hon. the Treasurer relating to such propose! arbitration.

I have the honour to be, Sir,

Your obedient servant.



The Honourable Wm. Buell Richards,

Chief Justice of Ontario.



I. R. Egkart,

Aesietant Secreta/ry,



• Sem. Papers, Out., 1875-6, No. 14, p. 14. \Ibtd, p. 15. X See Report, p. 246, amie.

Digitized by VjOOQ IC



250 ACT CREATING THE DISTRICT OF KEEWATIN, 1876.



Extract from the Speech of His Honour the Lieutenant-Governor of Oxtabio,
ON THE Opening of the Legislature, 25th November, 1875.*

Since the dissolution of the last House, the question of the northerly and westerly
boundaries of the Province has continued to receive the attention of the Government
Informal n^otiations have taken place with respect to both a compromise line and the
arbitration which the L^^lature authorized, but no final result has been arrived at;
meanwhile, steps have been ti^en for obtaining some additional evidence expected to
be of value.



An Act respecting the North-West Territories, and to create a Siparati
Tereitort out of part thereof.!

(Extrttct.J

Whereas it is expedient, pending the settlement of the western boundary of Ontario,
to create a separate territory of the eastern part of the North- West Territories : There-
fore Her Majesty, by and with the advice and consent of the Senate and House of
Commons of Canada, enacts as follows : —

1. All that portion of the North- West Territories bounded as follows, that is
to say : —

Beginning at the westerly boundary of the Province of Ontario, on the intematbnal
boundary line dividing Canada from the United States of America; then westerly,
following upon the said international boundary line, to the easterly boundary of the
Province of Manitoba ; thence due north, along the said easterly boundary of Manitoba,
to the north-east angle of the said Province ; ihence due west, on the north boundary of
said Province, to the intersection by the said boundary of the westerly shore of Lake
Manitoba ; thence northerly, following the said westerly shore of * the said lake, to the
easterly terminus thereon of the Portage connecting the southerly end of Lake
Winnepegosis with the said Lake Manitoba, known as "The Meadow Portage ;" thence
westerly, following upon the trail of the said Portage, to the westerly terminus of the
same, being on the easterly shore of the said Lake Winnipegosis ; thence northerly,
following the line of the said easterly shore of the said lake to the southerly end of the
portage leading from the head of the said lake into Cedar Lake, known as the "Cedar"
or "Mossy Portage;" thence northerly, following the trail of the said portage, to the
north end of the same on the shore of Cedar Lake ; thence due north, to the northerly
limits of Canada ; thence easterly, following upon the said northerly limits of Canada, to
the northerly extremity of Hudson's Bay ; thence southerly, following upon the westerly
shore of the said Hudson's Bay, to the point where it would be intersected by a line
drawn due north from the place of beginning ; and thence due south, on the said line last
mentioned, to the said place of beginning ; shall be, and is hereby set apart as a separate
district of the said North- West Territories by the name of the District of Keewatin.

* Journals Leg. ABiembly, 1875-6, VoL 9, p. 4.

t Dom. Act, 39 Vic, chap. 21. Assented to 12th April, 1876.



Digitized by



Google



INFORMATION AND DOCUMENTS FURNISHED BY H. B. CO. FOR THE ARBIT'N. 251



The Riqht Honourable Gborgb Q. €k)80HBN, (jk)YBRNOR of the Hudson's Bay
Company, to the Secretary of State (Canada).

[From the Book of Arbitration Documents, p. 412. The foot notes are from the same plaoe.]

Hudson's Bay House,

London, 12th December, 1876.

Sir, — I have the honour to acknowledge your letters requesting information relating
to the boundary between the Province of Upper Canada and the Territory held by the
Hudson's Bay Company.

I enclose a map, No. 1, showing the Territories daimed by the Company in virtue of
the Charter granted to them by King Charles the Second. The map in question was
prepared by Mr. John Arrowsmith, and was ordered by the House of Commons to be
printed 31st July, and 11th August, 1857.*

I also enclose a statement. No. 2, prepared for the Company in 1857, with reference
to the Parliamentary inquiry which took place in that year.f The boundaries were then
asserted to be, on the side of the United States, by the 49th parallel of latitude ; on the
side of Canada, by the height of land whose waters flow into Hudson's Bay ; and on the
north by the Arctic Ocean. |

At the time of the passing of the Quebec Act, 1774, the Company had not extended
their poets and operations far from the shores of Hudson's Bay.§ Journals of the following
trading stations have been preserved bearing that date, namely : Albany, Henley, Moose,
East Main, York, Severn and Churchill.||

These Journals give no information upon the subject of the boundaries between
Canada and the Territory of the Company, nor was the question raised in 1748, when the
House of Lords held an inquiry with reference to the Company's affairs as at that time
Gonducted.1I

[The following notes are from the Book of ArbUraHon Documenti,—0. E, L.]

♦ This is map No. 186, p. 139 [Book Arb. Docs,].

tSee extract from this Statement, p. 402 (Arb. Docs.). [The extract in question, at that page of the
Book of Arbitration Documents, with the note there app^ded to it, is as follows : —

'* As long as Canada was held by the French the opposition of wandering traders (coureurs des bois)
was insuffioient to induce the Company to give up their usual method of trading. Their servants waited at
the forts built on the coast of the bay, and there bought by barter the furs which the Indians brought from



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 42 of 86)