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Las diagrammes suivants illustrent la mithode. 1 2 3 1 2 3 4 5 6 A' .,^^' J, if v»" "1 i^' ri' .' 7 I)TTFFEEiN.<*'^*' .,^<> ^ l^hc ( Jov»M-nor frAnov.-T] transmirs for the information of tho S.Muito and Uon.. o naa.ons .oi.i.s of aeor..s„ou vvhid. has tak.n >l" v\w thehu h Ilonoml,!. thr S.,.,vtory oF Slal. iV.v Ih. ( 'oloui.s, .vh, iu-v to h ' <^)nnuula lonot Ih. senlonc ol death pa.s.cd on Ainbroi«e Leni Jfror he minder ol Thomas Scott, at I'oi't Carry. ^^H>^n^, ^oi iiil G-oA'ernmont House, 8th February, 18^5. CANADA. G OVERiN M HXT HciUSE, Ottawa, 10th December, 1875. (Copy 7.— No. ;^05.) My L(m;d,— Ordel ^rrinf honor oMbrvvardino. to Your Lordship a very important Oidei in ron7,cil whioh my Mnn.lers have desired me to transmit with the request that Your Lordship would be phrased to mve it your mos^ earnest consideration. fe^^^' >""' "ios,i 2. The purport of the document is to move Your Lordship aiul the ^r-'^^;:^:::^:^^'-'^' ^^^ -^^^-^-^ ^^ -^-t is ^LJ,t: VnnfT'^^^li-'"'"-^""' ''■^'^''' '''y Mi"i>^teis are desirous of seekin- Youi Lordships assistance are tounded on the fact of the circumstance'^ out ol vyhich the "Anniesty question" has .rown. havni^ In red "^^ Cth w'T' 'I"'' "^.sumption by Cnnada of the GovernmZ oi the No th-W est. 1 hey are lurther impelled to adopt this course bv the obvious embarrassments nttendino- the settlement of a controversv, whose Z^o^ are alleged to hav'e been already modilied bv the i.Ue.ven ion o Imp^ d lu hori y, and which are so seriously complicated by the vehement nter uat.onal ant.u-onism which they have excited in this country. Tiider these circurnstances my advisers are of opinion tha, a dispassionate revievv of the ivnole question ennuiatm- from so impartial a ..ource as Iler Majesty's Goveinment would tend more to t, anquili.e the public mind, an,d s Jen le a oy.ll acquiesc.uce in whatever decision mav l,e arrived at than would be tlie case were t^..y themselves to undertake the settlement oftUdiT^Ue whi,i ^W^^ "''■''"'' Tr* w^'Uacqu.iuted with the his-orvofthe troul,les isrn 7 'f'^'^^'^'^^ ^>y tlu' som, xvhnt precipitate uttempt made in the Vai Iht.J to incorporate the present Provino,. ol M.nitoha with the I)o- h:uZ^::::i:'t:T''''r?'^'''^ '"^''^r^ '^'''^'" ^^^^^^ ^--^ explained ;« ■ itsi,h„litant.s thatlneed not do more tl.an ivcapiinlate the special inci- t't^T^'^f^'^'^^^y^^'^^rnpon the .nbj.ct under eonsideratio^. It^l be sufiicient to n-mind your Lorcbhip (hat on the mnvs of these disii r ances Teachino. Ottawa, emissaries were despatched to Fort Garrv i i the peisons 01 the V.car-(Jeneral Thi)>auH. Colonel d. Salaberrv, :^n M ■' Jona d ^nuth, with tlu- vhnv ol' e..,]m,nu- the .dtatiou which "hnd aris;.)/ amlol o-ivnio- ample assurances to those whom it niio-ht onceru. thai both h West evMT ri^ht. privilege, and i.nmunitv to which they rni^ht be entitled. Fach of the.se personages was furnished w>t ri C- % ■^^ rived at Ottawa Feb. eth 2 and coucluding^•i,l;the ISowSs i»^"aph :"'°"' "^^''^''^'-X '""S-g'-'. •• be taken against any SlTrnDlSn ^''^^k """ ?° '"S^*' procelaing. "the law, ^P ""'''""^'"-'""liutheBeunfortuiialebrGMhesof "John Youno." gentLt/t'lr„d''haci"btrrdTort"' '" t""' '"""^ °'' ">"» m;tted ; but on arriviu" it tw ^» . ' • i7 .™''>' ''"'"""is crime oovn- th. ins'nrsent" anTSeVwe/e ,SS:n'thtr;,r?h-' '' ""^ ^"'^'"' v.''^ account from issiiinn- tia p.Li ?• • "^^^ ^" tl"s or on some other t^ook^plaee see tt e^^ tbte^^ er^S^ .^^Ir^.-^^^^^^^^ L,ft Rom. „„,J- f "hl!,?"^'''' V ,?" 'n";'»"™ Of the Canadian Govornment ..on- r ved at placing his Services -if thp ,1,W i \ Z ^ ^^ ■ ^'^"ada, with the view of - arrival^t Ottawrht was tS^ Government. On his General's ProclamatLras well as wUh^^^^^^^ '^ ^°^^'"^°' from the Secretary of «tW^ Ii? H^t of ^^ii^f lli]^^^^^^ Department of Secretaby of State for the Provinces Ottawa, iGth February, 1870. Tht Verp Reverend the Bishop of St. Boniface. * Gene's, toTcWlXe aTdX.'Jk'^ '''' Hi» E^ellency, the Governor you placed yoursrrvic?Ltthedt 1 -T^'f^K' n" P''°™Pt"""»'• P'-''«»»'=« «>'d broken oit in the North West "n'ooked-for disturbances which had I haye the honor to enclose for your information :- on the 2^8thXtemb'erTa'sr"'""' ^'""' '" ""* "™»™''''^ ^"- MoDougall McI)'ngalfflh°/7,; Noyembe?"" "' """"°"°"^ ^^"^^^^"^ *» Mr. Ge.etf'T"hL°,!it^,uL:%?i i;±tr '" '"'' '"^ '^»™-'"' ^-^ "i 8' e Imperial language, vud peace- ■oceedings reaches of UNO." of these "ime coin- seized by omn other n be little 3I and his lit which I at Fort nent oon- iuister of view of On his jrovernor itructions 1870. rovernor h which idertook ice and lich had Dougall to Mr. 1 Vicar overnor I by the 6. Copy of a letter addressed to the Secretary of State, by Donald A. Smith, Esq., of Montreal, on the 21th November; 1n.^.^l/'''^'l°^'^ ^'^^^^^ "^ iiistruclions addressed by me to Mr. Smith, on JOth iJecember last ; 7. A semi-omcial letter, addressed by the' Minister of Justice, on the Srd January, 1870, to Mr. Smith ; also, T ^- ^^^Z^^^ ^^^"^ Comini.s.sion is.sucd to Mr, Smith, on the 17th of January, 1870. Copies of ih;^ Proclamation, issued by Mr. McDougall, at or near lcmbina,and of ihe Commis.sion, i.ssued to Colonel Dennis, having been printed in the Canadian papers, and widely circulated at the Red River are, it is assumed, quite xvithin your reach, and are not furnished; but it is important that you should know that the proceedings by which the lives and properties of the people of Riipert's Land were jeopardized for a time, were at once disavowed, and condemned by the Government of this Dominion, as you will readily discover in the despatch addressed by me to Mr. McDougall, on the l'4th of December, a copy of which is enclosed. •' Your Wdship will perceive, in these papers, the policy which it was and is, the desire ol the Canadian Government to establish in the North- VVest, Iho people of Canada have no interest in the erection of institu- tionsin Jiupert.s Land which pul)iic opinion condemns; nor would thev wish to see a fine race of people trained lo discontent and insubordination by the pressure ol an unwise system of government, to which British sub- jects are unaccustomed or averse. They looked hopefully forward to the period when institutions, moulded upon those Avhich the other Provinces enjoy, may be establi.shed, and, in the meantime, would deeply re"-ret if the civil and religious liberties of the whole population were not adequately Fo make ^^^^i^Porary arrangements as it may be prudent at present A convention has been called, and is now sitting at Fort Garry to collect the views of the people, as to the powers which they may con- sider It wise lor Parliament to confer, and the Local Legislature to assume VViien the proceedings of that conieveiioe have been received by the Privy u 1^ ;, >^^/"^y ^^^^Pectto hear li-ora me again ; and, in the meantime should they be communicated to you .on the wav. His Excellency will be glad to be favoured with any observations that"vou may have leisure to make. You are awar(! that The Very Reverend The Vicar-General ThibaulL and Mes.srs. Donald A. Smith and Charles d,- Salaberry, are already in Ivupert s Land, charged with a Commission from Government. Enclosed are letters to those gentlemen, of which you will oblige me by takinc: charge; and I am commnnded to expr.vss the desire of His Excellency that you will cooperate with them in their well-directed efforts to secure a peaceful so ution of the diniculties in the North- West Territories which liave caused His Excellency much auxiet\ , hut which, by your ioint en- deaA'ours, it is hoped mav be speedilv removed. ' I have, [ June Dth, 1870, he informed the Secretary ol State, Mr. Howe, that he had promised, in the name of the Imperial and Provincial Governments, both to the insurgents generally, and to Kiel and Lepine in particular, a lull amnesty for every l^reach of th;^ law of which they had been guilty, including the murder of Scott. On receipt of this communication Mr. Howe replied to Archbishop Tache in the following terms : — Honorable Joseph Howe to Archbishop Tache. " Ottawa, 4th July, 1870. " My Lord, — Youi letter of the 0th Jiine, which reached me " yesterday, has been laid before the Privy Council, and has received their " consideration. " Your Lordship states that personally you felt no hesitation in giving in the name of the Canadian Government, an assurance of a complete amnesty. "Your Lordship has no doubt read the debate and explanations which took place in Parliament during the discussion of th(^ Manitoba Bill. The question of amnesty was brouu'ht fcrward, and the answers and explanations given by the Ministers in the House of Commons were that the Canadian Government had no power to grant such an amnestj', and that the exercise of the prerogative of mercy rested solely with Her Majesty the Queen. " The Rev. Father Eichot and Mr. Scott must, on their arrival, have informed your Lordship that, in the repeated interviews which they had with Sir John A. Macdonald and Sir George E. Cartier, they were distinctly informed that the Government of the Dominion had no power as a Government to grant an amnesty ; and I would add that this Government is not in a position to interfere with the free action of Her Majesty in the exercise of the Royal clemency. Sec Mr. Uoiinlil Smiili's iiMi'i'utivo, |). I.'il, [mr. I, Imp. H. liook. tl l< 11 tl (I sty, advised by hor Ministers, will on a calm review ot all the circumstances discharpo the duty of this hiifh rcsponsil)ility in a temperate and judicial spirit. "The roregoin.£r explanations 'are trivcn to Your Lordship in order that It may bo well understood that Iho responsibility of the assuranco j?iveii by Your Lordsliip of a (jompiete amnesty, cannot in any way attach itselt to the Canadian Government. " The conversations to which Your Lordship alludes as havinn- taken place between Your Lordship and some Mem])9rs ol the Canadian tabinef, when \ our Lordsliip was in Ottawa about the middle of Ihe month of February last, must necessarily have token place with 'relereiioe to the proclauialiou issued by His ICxeellencv the Governor Genera, on the (lib December last, l)v" eommaiid of Her Majesty in which His Kxcell.Micy announced that "in case of tbnr immediate" and peaceable dispersion, h(^ would order that no leiral proceodin.v lii'' insurgents, you \ue authorized'' to ^^ mlorm the leaders that if tiie Company's Government is restored, not only will there bo a general amnesty gra!ili>d, but in case the Company should ^^ claim the paym.NU for such stores, that the Canadian Government will stand between the insurgents and all harm " It would seem impossible to expand tlie permission thus conveyed to the l]i^'>ip by Sir Jo'in to promise the rebels protection from the monetary demands of the IIudLon iJay Company, into an authority to condone such a savage murder as that ot bcotts. liut even were this point to bo conceded, there would still remain an insurmountable dillioulty in the wav of provin- Monsoio-neur laches case. The terms of pardon, boih in Lord Lisgar's' rroclamation ana bir Johns letter, wer< made conditional, in the one, " on the immedi- I'liKi^ I 'J I'aimilji I!, lidok. Imp. itiiio IJook. S..C Mr .•-iiiiilli'^ ii.irralivc, liii|i. IShic liouk, piigo i,"ii;. • 'iiii. nine HiKik, lust piir. 8 "ate and peaceable ol)eclicnce and dispersion of the insurQ-ents," and in the oilier, "on Ihe restoration of the Company'ts (Jovernmont." 15. But none oi' these requirements were complied with. Scott was put to death some weeks alter the arrival ol' Messrs. de Sahiberry, Thi- bauit, and Smith, to whom the proclamation li:id l)een originally contided, and by whom i^s contents, at all events, must have been communicated to Eiel bolore the accomplishment ol" tluit tragedy ; and though immediately alter the Bishop's advent, and at his instance, one hali'^of the English prisoners were released, the rest were kept in prison lor more than a week longer ; Kiel and his associates still remained in arras, continued to prey upon the goods within their reach, and persisted in the exercise of their illegal authority. It is true many considerations may be adduced to miti- gate the culpability ol' the latter portion of these proceedings ; but be that as it may, they manifestly barred the eti'ect of the conditional prorai^.Co of forgiveness which the Bishop, even from his own point of view, was alone authorized to announce. 1(J. I understand His Lor'^•.hip further to plead that the ultimate ne- gotiations, Avhich secured to the North- West the constitutional rights they enjoy under the Manitoba Act, directly llowed from the assurances of a complete amnesty which he promulgated ; but although it would be diffi- cult to exaggerate either the purity of the motives bv which this Prelate was actuated in all that he did nd'said, or to over-estimate the self-sacri- ficing patriotism which induced him to tear himself from the attractions of Home, in order to encounter the hardships of a winter journey, for the sake of his ie'low countrymen in lied River, or to deny that his exhorta- tions and remonstrances had an immediate and beneficial eti'ect in restrain- Snifl' "' "^^ -^^^^^ ^^^^^ ^"'^ companions, ajid in superinducing a feeling of security in mu-nahv. Winnipeg, it must still ])e remembered that the people ol' the North-AYest had chosen their delegates, and liad consented 'o trent with the Canadian Government some weeks before the Bishop had appeared upon the scene. In conclusion, i+ is to be noted that immediately Mr. Howe, the Secretary of State, received the information of the promise made by His Lordship to Kiel an-l Lepine, he at once warned him tinit he had done so on hi."* own responsibility, and without the authority oi the Canadian Governme^it. n. The Archbishop relers to a pri\ ate letter of Sir George Cartier's as having neutralizeu thv. Lingunge of Mr. llov/e's ollicial communication ; but to doctrine of this description i cannot subscribe. In the iirst place, I do not think the letter in question beiirs the interpretation put upon it by the Archbishop ; and •'xan if it did, it must be held thai no private commu- nication made by a single member of an Adminis;ratio3i without the cogni- zance of his eoller.gues, can override an oliiciaJ despatch written m their name and on their behalf by th(; head of Ihc; iJepariment specially respon- sible for the conduct ol the lnish.<.>.s in hand. Were j^uch a view to pre- vail, every Government, and the Crown itself, would be at the mercy of any inconsiderate, rash or treacherous mcml)er of a ministry. 18. The vie^v taken by Sir John Macdonald, who was i'reniier at the time that the Archbishop left for the North-West, of His LordshiiVs powers and of the nature of his mi.'r^sion. is set forth, in the hoirourable gentleman's evidence •"'•'uK lau,. ^^ P'^o^ ^^^ of the Ca}iacliun Blue Book, and I Jieed not say is entirely conlirm- iiitk. '" atory of the conceptions 1 have derived i'rom the written instruetijns the Archbishop received and the correspondence which took place with nim. Jiijj-c J."t liii|icriii L'. hock ,MgO .i!, ('»M. JUue (•■111. Blu JiooK. ' and in the Scott was aborry, Thi- ly conlided, nnicated to ramedialely the lini'-lish ban a week Led to prey ise of their ced to miti- but be that prorai^jCo oi' ', was alone .Itimate n*^- rifirhts they trances of a uld be dilK- this Prelate e self-sacri- . tractions of ney, for the his exhorta- in restrain- ' security in NortJi-AVest Canadian :i the scene. e Secretary Lordship to on hi? own rninejit. I'e Cartier's ;uinication ; irst place, I npou it by ite commu- t the coiini- en m their dly respon- iew to pre- crcy of any I' at the time wers and of I's evidence dy conlirm- uctijns the vith nim. ]I>. Under these circumstances,..! am of opinion that the Crown is not committed to the pardon of the murderers of tScott, upon the ground that the Arciibishop was in any sense authorized to make a promise to that ell'ect. am no 20, The next plea urged by those who demand a full and complete esty, is based upon tlie occurrences which took place during the visit of Judge Black and Messrs. IJitchot and IScott to Ottawa, in April, 1870, as delegates from the people of the North- West, and on the alleged purport of the conversations which took place betwee)i Archbishop Tache, Lord Lisgar,_and Sir George Cartior, at Niagara. With respect to the transac- tions of this date, we have unfortunately no public correspondence or other ofiicial intercommunications in which they h-.ive been recorded, and so far as regards the individual stiitements of the personages concerned, there is unhappily a direct conllict of assertion. other hand, this statem'^nt is denied in the most emphatic manner by each and all of these gentlemen. The Ablx'- Eitchot's aliidavit, in which a history of his int(n-views with the Governor General and other members of the Administraiion is set forth with considerable particularity, will be found at page seventy-two of the Canadian Blue J'ook, The denial of the correctness of the Abbe liilchot's asseverations is conveyed, lirst, in a despatch to Lord Kimberley from Lord Lisgar, dated 25th April, 1872, and in a letter Irom tae same nobleman to Sir George Cartier, dated the 21st I^obiuary, 1S73, page 101 of the IMue Book; ina letter irom Sir Clinton :Murdoch to Mr Herbert, dated 6th March, 1873, on page 104, and again in another letter of the (Uh March of the same year; in a letter from Sir George Cartier to Sir John :Macdoiu-ild, dated 8th In-bruary, 1878 ; and in Sir John Macdonald's evidence, page 107. But a still more sionilicant light is throwii upon what occurred, bv a despatch from Sir 'Clinton Murdocli to Sir Frederick Kogers, dated 2Sth April, 1870, page 193 of the Blue Book. This communication was contemporary with the event recorded. The statement maile was not a reply to any leading question, nor evoked ]>y any special reference. It was siinplv a liarrative drawn up lor the inlbrniation oi' th(^ Tnder Secretary of State for the Colonies, as to the inirj)ort of Sir Clinton Murdoch's conversation v.'ith his interlocutor, the Abbi' Jiitchot, immediately after the interview had occurred. In the lifth para-najih of that doenrnent, pau'e 1H3 of the Blue Book, Sir Clinton Murdoch says:— "The ilith condition would secure an indemnity to Kiel "and his ah.>ttvrs I'or the exe<'ution of Scott, and to all others for the "plunder of the Hudson Bay Company's stores, and for other damages " couiniitted durinu- the disturbances; con. i>j,sions which this Government " could not venture eveji if it had the power to grant, while the condition " which, though not contained in the terms, was conveyed to Juda'e Black "and the other delegates in wrilinn-, that wh:, lever was a^-reed^to here " must be subject to confirmation l)v the rrovisional Goveninient, woiild " have involved a recognition of ihe' authority of Kiel and his associates ^= * * * # # * ^> .^ ^ " Under these circumstances there was no choice but to reject these terms." 22, Of course, it is a very invidious oiiico to pronounce an opiuiou as Page 72, Can. Blua Book. Page 104, Can. Blue Book. Pages 104 and 105 Can. Blua Book. Page 10.5, Can. Bluo Book. Page 107, Can. Blua Book. Page 193, Can. Blua Book. Page la-?, Can. Blua Bock. 10. to the respective accuracy of statements so conflicting, emanating from such eminent porsonno-es, and adduced, I have no dou1)t, bv every in- dividual coucorned in the most perfect good faith ; but when it is remem- bered tliat Lord Lisyar had not even the power to make tlie promise which he is alleged to have given, and that he and Sir Clinton Murdoch and i^ir Jolni Macdonald are so peileetly in accord as to what passed one can only conclude that the Abbe Kitchot, through the unfortunate circum- stance of these conversations having been conducted in a language with which he was not iamihar, must have derived a totally wrong impression oi what had been said. 23. This view of the case is in a great measure confirmed by the evidence of Mr. Suite, page f81 of the Elue Book, in which he states that one day lather Kitchot said to him in reference to his recent interview Page 181 "^ith i^ord Lisgar,— " As 1 do not understand English very well, I am not «'an. Bluo " satished with what His Excellency said to me at our interview." From took. this it may be gathered that the reverend gentleman has shown some precipitancy m consigning to an alUdavit so elaborate a record of a con- versation of which he himself admits he carried away an imperfect appre- hension, 2-4. Cognate to this branch of the inquiry are the allegations advanced by Archbishop Tache as to his interview with Lord Lisgar^at Niagara, 23rd July, 1870. The Archbishop does not appear to maintain that upon this occasion Lord Lisgar made him any specihc promise, but he says that His Excellency, being unwil!ing to enter into any discu;pective offices. But though these proceedings thus received a cert:i!n sanction at the hands of the repre- sentatives of the population of the North West, it does not appear to me to affect Kiel's culpability with respect to Scott. In the first place, as has been ^ -ry clearly laid down by the Chief Justice . of Manitoba, in his .-* 1: muoh sln.ss upon Iho pnrolv !(-■• 1 V^, . rV /^'.^^out however, ]ayin- too very ovidout (hat the killino- o 'iL^^^^^^ ^^'"'^ "^ ^'^^^ q"e.s(ioM:it is known to any lovm of Jau-.l.u an humn. d ""^ ?''T'' ^^' .i^'-is^Hctiou agiv,avat.* "^"". a certain number of ofh-n- l-:no- i^V „ "s ^ i^^ 1^'*^^ iu company with called Portao-e ]a rr..irie, wi h t e '•?- '^' ''^ ^'''"' ^' 1'^^^'*^ rescue a number ol" persons who nn to bf^'^r"'"''^.^' i°' ondeavourino- to prisoners in Fort Garrv i t Vt^h?e nh-o ' 1-T ^^'^^^^^^^ '^^'^^^ holding- prevent the outburst oU> v 1 {\t V ■' ?;t'^'° ■' 7^'' r^' ^"^^^«»« ^^ project and to return home ^'co t' ! /C^l '''' '-''^'''''^ too-iveuptheir they were passing, bade to thn' ovv na t np'lT^^^''' ''''' ""'^^'''''^ ^' alleged acrainst Scott is that he " s,h iohm ui '°""^^"^-- ^^^'"^ "^most he had alluded to an intention ocW^ \'"'^"' ^''^ the absence of the indictment, nor allowed to pltl^forhrriil^^'T^^'^^^'l ^'^^^^ -^^ oi the trao-edv are so horrible U' VL , ,^'^ J'^*^; ^ he iurther details relied on.^that I will not sho'l vo^r T '^'T'']^' "^ ^^' «^'^^^^"^« <^^^n he it to say, that all the ^ ec'u^p ^^i, ^l^t^^ljj^ '^^' '^rr'"']? '^^^^ ' ^""'«« InllingofScotttobeanMhi, Ve let Lcr 1 /^ T^'^ V"^ ^^''^'^''^ ^ho crime ; nor, had the oviA-in ofl iel's ' h Jit ' '''^"'^'^^^^' ,«»<^ unnecessary ^vould it have investecl h m w h t 'ri b7 Yt"] "'''' ^''' q^^^^^'ionablj, fellow-citizen in so reckl ss xnd .rb • ^ ""' *^'^'^"- ^''"'^'y '^^^ 1*^'" of a hesitation in concludi i tl aUnt n7^^^^^^^^ ^ •^^=^^'«' ^'^^^^'^^^'^^'^^ "o to b'iel founded on the ass n ntion ^f fb J S^'^*'!-'',^^'' ^^ '^" ^-^^""^^s^V execution by a legitimate con tiu;] ?b T "' °^ ^^^^^ ^^'''^^ =^ -i^^'li^i^^l 28. A foarth%onsi(lerlatrn oc"^^ o Tn ^'' f i«='"«^ved. very great persistence bv le.nrJ^ ? /tv'?'''^' ^^'''"-^^ "^^ with any Wolse'ley's Lees h^ul td^n p^^ s'n 'o? th " ^ " 'I^'^' ^"fll ""'' ^--" '* man of the name of Goulet one o Tbni I ^ f "/ory ot Ked Kiver, a the murder of Scott, was mutied b! f -''^^ ^'''''^ '^'^^'^ concerned in longed to a Canadian re<: me t^^^ '''^^'^ two be- drowned in his attemptCswin^ac m ' "=htened into the river and accurateaccountof tfistran a tal^^^^^^ the foregoing is an. this description can be brono-hf h' ^' ^^ ^ murderous assault of vidnals, they ou.ht o coui"f to b^^^^^^^ wi^^S"' '''''''' '"^ ^">' ^'-^i" it is idle to allege-'such a circumst-inr o I' '^'''] "'"'"'^^^ ^^ ^■^''^' > hnt deed of blood. circumstance as exonerating the authors of another 2!i. There is a furlher nloo ivln'.u i i deed as of itself suihci to con^nt^^;'^'^^ "^•-^'^^' ""t in- a cumulative lorce to thosc^iruh n . "i''^^'' ''",* ^^'^ communicating 18 ■ any lawful :iji^sty',s Do- liiying- too ^estioii, it i.s inrisdictiou ioc(Mit rnnii, tipanywitli 'in a place ronriiio- to '11 holding- anxious to ve up their iptured as 'ho utmost I and that iiiiiig- hira ; but evou ton times nt. Even sreg-arded. ice of the with any sr details ^0 can be 1 ; .suffice ^I'ove the necessary sfionable, lift! of a ■ofore, no amnesty t judicial ^ved. ivith any r Garnet Kiver, a n-ned iu I two be- iver and lis is an. ssault of tny indi- ^w; b'lt ' another I, not in- nicaling imi.ssioii n of his for Pro- it with i transactions of this nature the Imperial Governmeat cannot be expected to concern itself. ?,0. I therefore pass on to tlie filth consideration, which is adduced as a reason why ^le Imperial Government should concede an amnesty to the murderers of Scott ; and to the plea which I am about to exhibit, I must ask your Lordship to fj:ive your earnest attfMition, as it ap])ears to me to involve the consideration of a semi-le,u^al qu»^stion of very ijreat moment, the ultimate decision of which will not only alft>et the case of Kiel, but also that of the i)risoner Lepine, now left for execution in Winnipeg- gaol. 31. In the year 1 S (1 a rumour prevailed in the Province of Manitoba — at that time incorporated with the Dominion, and under the jurisdiction of Her Majesty's Lieutenant Governor, the Honourable Mr. Archibald— that a considerable body of Fenians were gathered along its southern frontier, and were prepared to make a A'ery formidable irruption over the border. In order to understand the gravity of the situation, it must be remembered that the leader of this movement was a man of the name of O'Donoghue, who had been associated with Riel in his insiu-rectionary movement. A A'cry consideraV)le probability consequently existed that O'Donoghue and his people might be acting in concert with the French leaders of the pre- vious revolt. Mr. Archibald was alone, cut olf by distance from the advice and countenance of the central authorities, and thrown entirely upon his own resources. He had no milttary forces worth speaking of with which to confront the invaders, and he was administering a Province inhabited by distinct nationalities and distracted by dilferences of religious faith. Gnly a i'ew months before, a considerable proportion of its population had been arrnv^d in arms against the Queen's authority and their fellow-sub- jects. ljndlimenting them on the loyalty t'ley had shown and the as- [j^"]^ ^'" sistniice tliey lir.d rrridered. He further -i; es that he lias convinced himself— th()U'j,h Sir John Macdonald appears to have had u.isgivings on this point — thiti this t-xhibitiuu of fidelity was genuine and hona /idr, and that it largely eontrihuted to the preservation of Her Majesty's Dominions from insuU and invasion. Iu short, he is satisfied, to use his own Ian- Blue 14 ffuajre, that "if the Dominion has at this moment a Pi^ce to defend and no one to conr,uor th.y owo it to the policy of fXUnt If n.,i^" ^!^^°"^«o I '•^'^ ""t prepared to say whether or no the L?enten.nt seoIenop?n?^''^r;r''^^°?,"'' '^'^ "*^«^«^^ities ofh.s situation, and of the con ihT^Zl '' r hay n- b on d^< the prosecu'ioii of ili,. nfHnw' ,. . / i ■ i , "*"i(', i imaq-ine, to bar Sen" o?™ hi ,, : '•;r""^*' ^'-""I'l.^'""- » -">" <"■ ^'oi "to "u «=»"': ments, or exhibit a narrow spn-it m its ntorpr..talloii of (h,.m It Is ii, it^7t';:fpSr''"i'i,.!;:;v-'-''<' 'ooari e.p...ciai j^;lJi:\c thieh ri i- h' h "Pl"°"''""7 ™™PK't.'no», iho various ar,n,me, ?s ber^r,th„i, .ippiio;, fi t„ ;\;;,t<':i:^:"^,^x:u:;';is^,;';,; ^^^^ iiii!! entS, r'i^ar\ ihf !;;,,7;'f ru; ^^l" ^'^^ "" "•^"""»;^">' i I 1. nnce to defend oiboiirance. If of <]ie enemy, u hotwtHMi the )asse(l into the I' north of the liudder to con- fhe L'euten'mt nd of the cou- sin t if snch be conscientious ^lanitoha has )st, I do not )on a different rises, to what I dechirations inj? been dis- lioM, or by the experience in hority, I con- the Governor d has invited igency, n de- tection of her dual in ques- .'d,— the Kxe- dealt with as aq-ine, to bar ' that a g-reat ions that the o its encage- *'m. It is in Mition to this reg-oing brief le facts and ) have repro- s arg-uments le condiotiniT respect will •anyino- BJ^q i.saelions has pinions. My 'litniiiary co- ver, that the legitimately IxT.s marked ing within a ves that the various circumstances roferved to require the issue of an amnesty. 3C. 1 have fuither the honor to app*'ud a ])etiliou addressed to me by ^.j, the Caiholic Archbishop and Libhops of the Trovmce oi Quebec, drawn Eniosnre up in the same sense. , , ,, 37 I'erhaps uiy dutv as legards th^ matter m hand will not be a to- rrether complettid unless ! transmit to your Lordship some idea ol tne general view taken of this question by the population at large. VVitn rejrard to the French section of Her Majesty's subjects, I may say that althou'>-h there are probably lew of them who do not regard the death ot Scott as a re-vettable event, they are united to a man in the opinion that the part plaved by liiel in the North West was that of a brave and spirited patriot; thai it is' principally to him and to those who acted with him that Manitoba owes her present privileges of self-government and her parity of rank and standing with her sister Provinces. They are equally convinced that the Government of Canada and of Her Majesty are bound by the promises of the Archbishop, and that the government Riel established at tv'ed lliver was authoritative and legitimate ; nor do I thmk will they e^er be persuaded that the language held by Sir George Cartier did not imply a direct and explicit assu.ance of immunity to the murderers of ^cott on their submir^sion to the new order of things established under the auspices of the Manitoba Act, and by the advent of Lieutenant Governor Archibald 38 Oirtlie other hand, a considerable portion of the people of Ontario resent the notion that a Caiholic Archbishop should have usurped a plenary power of pardon in respect of men who had so cruelly put to death an in- nocent fellow countryman of their own. They regard Kiel as a didoyal rebel, as well as a mnrderer, and they would look upon the escape either of him or of Lepine from punishment as an almost intolerable mis^carriage of iustice. At the same time the larger proportion ot them feel that van- ous circumstances have occurred to complicate the situation, and to render the Capital Sentence impossible of execution, and even amongst the moie extreme section of those who are animated by sentiments of intense sym- pathy for Scott, there is to be observed, as far as 1 can judge from the news- papers, a moderation and reasonableness which does them considerable ^^^ 39 It only remains for me to add that even should it be decided that the oblioations in.po.ed upon us by the procedure of Lieutenant C.overnor j\rchibald are less compromising than 1 am inclined o ^-on^ider them, and that the Crown is quite untrammelled in its action, 1 still think that the . ari- ous circumsiances I have referred to in this despatch, require the cai)al sentence o: Lepine to be commuted by the clemency ol Her Majesty ii^o a much milder punishment. This commutation when the P^oP'^^J^n^^ arrives, I propose to order on my own responsibility, under the powers accorded lo me by my instructions. •,,,,., n i -.^v +Ur» 40. On the other hand, 1 ied very strongly that i would shock the pixblic sen.c of justice were Kiel to be visited with a lesser penal y than his assoc^atr. In the i^stimation of all those who consider the killmg ot Scott a crime, lliel is held to be the principal culprit and, as a matter ot fact, whatever promises were made by Lieutenant Goyernor Archibald to • Kiel were also extended to Lepine. If, therefore, the latter is required to undergo a term of imprisoument, it appears to me that the lixecutive wiU If*.. 1(J a eimiliar n.nnlt.''^^ ^" J^^''^^''^' ^"^^^- «" <^ouviction, have submitted to eimiliar penalty, The Eight Hoiiorablo The ]':arl of Carnarvon, &c., &c., iScc. 1 have, &c., (Si-ned), DUFFKRIN. l^NCLOSUKE No. 1. COPV <^ a Report of a Co..niilce of tUe UonoraWe the Prnuj Council, approved by Ihs Excellency the Governor General in Council, on Ike m day of JJccember, 1874. . i^oJ^li^^'l^^ltotnC^^^^^ had under consideration the ques- and 1870 T>r o7to hi n *^^}^'^1^« "^ °"^ ^orth-West territories in 1809 have'di.s'uK th ^X'STso mu^l T'V''. '''' ^^^^^""°"' ^^^^ It is excoedinn-Iv des^rabh. n 1 I, ^^^"^ ^^at tune to the present, possible, v.'hich will set at re^Mhl f. l^^'^^"!^'^'^"^ settlement as 'soon as ing or withhokm g o an amtsty lt"7he= of '" ^^ '-"g the grant, country during the'insuirectimi ^ "^"'"''^ committed in that endelv^rim^tf iTos^te confro" '^° T' ''■ '''' ^^^"""^^ Government punish or pardon and in June Ts?'^''^ i' 'T^- '^' '"''''^'^ ^^^'^^^'-i^F to authority to deal ^Xa mvl il f. ' '^!■^^ ^n"" "^terposition of Imperial of opinion in Canada still ex^Si-^?'i '"^ i\'/' ^^'^ '' ^" ''''''''' ^ ^^''^'^^^ by subsequent events ' "^ '^''^ ''^" ^^°* ^^««" aggravated ComJi^nr^I^,.!^!:^::^ ^orl^^^it?:^'""^ ^^^^•^--^^' ^^- House of insurrection ind a^o to vh.t pZ, /'^ ^° '"^tU"-«'^ into the causes of the therein of a full mnne tv it tbp n l^'T'^ll' ''^''^ "^"^^ ^^ t^^« '^^tors any persons holdinrXH-Il^osltionr'^^'"^ '"^"^^" ''''''' ^^^^^^^^^^ ^7 in pi'^s^^of^^tl^' Jv^:i:?lh[/^^^^r??"'^^f '''' ^^^^-^ ^^- P-^>1- question of amnestV nVwd is II ^^'^ ^e collected bearing upon the their friends w h h'e Governme t ^^.T^'ji^^^t'"-'^^' ^^' ^^^^ i"-^">W>'ts and associates with tL Loc.^ ■ ml wV r' ''^'^'°"' ^^' ^^'^^^^ ^"^^ ^is chief quelln.gofthe WredL^^^^ subsequent to the 4th, l^!^r^'Yo:^^F^y'""' ? ^-i-te of Council dated June Ma esty's Go?™nont in ordei 'r^ ' ^''"'^^^ "^^^ "^''^^'^^- ^^'^^'^^ ^^<>^ be cojiiistent^ V h t^e ^n^t s oMn"r ^^"'f "^^^^t be taken as might country. mttiosts ot justice and best for Jhe quiet of the ^ ix wi juiy Z4tn, iS7d, m reply to the mmute referred 11 itil he shall Hibmitted to FFKRIN. u/, approved J 4;/t dat/ of 1 the ques- •ies in 186!) lion, which be present, as soon as ■ the grant- ed in that overnment ithority to f Imperial a division iggravated House of i.ses of the the actors milted by he public upon the ffents and 1 his chief 3nt to the ated June el'ore Jler I as mig-ht liet of the )r the Col- e referred I to, expressed the willingness of Her Majesty's Government to lake upon themselves the responsibility of dealing with the question of amnesty. The reasons which then made a reference of the question to Her Majesty's Government desirable have been intensified by later events. The Committee of Council therelbre respectfully request that Your Ex- cellency may be pleased to bring the subject again under the notice of the Imperial Government, and convey the desire of this Government that they will now deal with the whole matter in such a way as existing cir- cumstances may seem to justify. The Committee also recommend that Your Excellency may forward with this minute a copy of the lioport of the Select Committee of the House of Commons, for the information of Her Majesty's Government. (Cerlilied,) \VM. HlMSWOIiTH, ClKUK I'KIVV CuO'ClL, ENCLOSURE No. 2. A Son Excellence Ic Comte de Dufferin, G-ouverueur General, etc., etc., etc. L'honorable requete des soussigues, Archeque et Evcque Catholique de la Province de Quebec, represente humblement a Votre Excellence Qu'ils out appris avec chagrin I'etat de trouble ou se trouve raainte- nant la Province de Manitoba, et qu'ils craignent que cet etat ne s'aggrave si Ton n'y apporte un prompte reraede. Que ceremede ne pent etre qu'une amnistiepleine et entiure en faveur de tons les habitants de la dite Province, pour tout crime ou delit commis a I'occasion des troubles politiques qui ont eu lieu anterieurement a la mise en force de I'Acte dit de Manitoba. Qu'on ne pent se dissimuler que cette amnistie n'ait etc promise de la maniere la phis ibrmelle par le Gouverncment, en 1870, lorsqu'il deputa Monseigneur A. Tache, Arch6que de St. Boniface, auprcs de son peuple pour I'engager a se soumettre au nouvel ordre de chose r6gl6 par le Gou- verncment Imperial. Qu'il est certain que ce digne Prelat que Ton avait prie instamment de venir pour cela de Kome, cut refuse de se charger d'une pareille mission s'il eiit pu prevoir qu'on mettrait en doute la validite des promesses qu'on I'avait charge de faire ou que du mohis il eut exige qu'on lui donnut un documeut qui le mit u I'abri de la responsabilite dont il allait se charger vis-a-vis de son peuple. Que les soussignes resseutent vivement la situation compromettante oil se trouve leur digne collogue par suite de rinexecution des promesses que le Gouvernement lui avait laites, et que, si on ne s'empresse de la faire cesser, il serait difficile f^-<^ constn-vev entre le Gouvernement et les chefs de I'Eglise Catholique en Canada, cette confiance mutuelle qui a contribuc elUcacement jusqu'a ce jour a faire regner la paix et la bonne harmonic dans la Puissance. 11-3 18 nn,n,?"? ^u '^'^^ '^"^'"fti^ ayaut ct.' promise sans limites doit Hre accordco comme telle pour met ro ii.i a I'irritation caus.'.e par le resultat du proc^^S Lc.piue,nouseulemont dausla dite Produce dl Manitoba, ma e^nco e dan les autres parties de la Puissance, qu'elle est necessair^ pour ZZl pOritC 5nS''°"' ^^^"''^^^^^^^^ ^^" t^-^^bient la paix et retardent la pros' ,.vn„V'''^^ pourquoi les soussitruOs priont Votre l^kcellence de vouloir bien E rt^i Tn'v'^'f 'r« '' consideration, et user de la juste influence di Lllejouit aupres du (.ouvernement Imperial, pour obtenir quo I'amnistie promise soit proclamoe au plus tot et qu'il siit mis tin a ll/itadone i 1 inquietude qui r gneacesujet panni les loyaux sujets do ISa E^^^^^^^ dans la Puissance du Canada. ixujcaiL, t E. A. Arch, de Quebec. t la. Ev. de Montreal. t C. Dv. de »St. Hyacinthc, t L. F. Ev. de Trois Kiviores, t Jean Ev. de S. a. de liimouski, t E. C. Ev. de Gratianopolis, t A. Ev. do Sherbrooke, Province de Quebec, Novembre, 1874. t .T. Thomas Ev. d'Ottawa. 10 nccordoo lu procos is eiicoro ir luottre it la pros- iloir bioii juce dont raranistio atiou ct i'l Majostu, EXCLOSrHK A. ski, \ti.'M()i{Axr)n\r on t^kpout of tjii-: siilf/t committkk, to kxqttirk TI'IIIIMTOIIY IX 1800-70. Tlio ovMonco t/ikoii I.oforo llio SjK-.'t (Jjininittcc to oiuinii-o into tho oiiiisos of the (lillicultic^ in (ho N^.i-th-Wo-l 'IVrriloiy in IHll'J-TO, contains important revohttions. Tiu' i)rini'ii);il, .•iml it mnv ho said tlio solo point of intoi-e*t in liiat onqiuiy, Wiu to ascortain wlu'tlHM-oi- not a -vnoral anuu'.tv h.'>'l ''^'''n I'l-omiscl U> tlio vartios impli- ritod in tl.oso .litUiMilticM — i.y whom, an-l undor wliat imthority it was promiso,!. _ Tho ti-oal.io-i in tho North-Wost l)i-olco out unoxpoctodly. lluy arc mainl> attrihntahlo to tliehastv an;i"^''"">V ";^;- oi-nor apn.intod, without any uotioo to or consickTation foi- tho people ol t lo tcnat.. }. 'rho.,p.osilion, which mi-Ill easily have hocn satislioa ly s i-ht -iiarantcos, he.Mmo iMtonsilLl ly the haa.o-ht V con,hwt of Mr. McDou-all, which hronght al.oat an .M'^u and anneil resistance to the I)(miinioii authorities. On the first intimation of those trouhles, tho Dominion (.ovcrnmont summoned Archl.ishop Tache, then at Home, who, .m his arrival, was requested ly '^"; j';"; Youm^s then (^nernor-tieneral, on behall of tho Imperial authorities, and by tho ('ana.Uan (u.vornmont, to j.rocood to tho Xorth-West, and use every eth.rt to pacify the coimlry His insiructions were moH -^"leral in their character, and hi« courno of action left almost entirely to his own Jiul/i'mont and discretion. , , • i .... On the l(;tlH.*'Fcl.ruai'v,l>^T(», tho tiovernor tloneral wrote to tho Archbishop — " Lord CranviUe was anxious to avail himself o\' your valuable a-^sistance fr.mi tho " out-set, and I am heartily -lad that you have j.i'ovel willm- to atlord it so P>-omp .y " and so "-onerouslv. You are fully in posses.s;()ii of tho views ol my (rovernmont , ami "the Imperial (loN-onimont, as 1 "informed you, is earnest in tho dosiro toseo the '^Xorth-lVostTcrrilorv united to the Dominion on o.imtable conditions. — -— i 'h.ood not attempt t.. furnish you >rith. amj In^'m^-t^K f'^- ^nur .,m,hnv'v, ''^y«"; jhoso "contained in the tele-raphic mossago sent to mo by J..rd .ranvil.e '''V, ''"1^*. ' j " the British Cabinet, in tlio Proclamation (tlr.it of the tith J)ocember, S,,Jj which I -drew up in aceordance with that nicssa-.- and in the letters which 1 addro.iod to "G'overnor McTavish, your Vicar-ticiiera!, and Mx. Smith. , • ■ • • • ' ' .\ "Tn declaring tho desiii and determination of Her Majesty's (-abmot, you may safely " use the terms of the old formula : fh^d n.jht -hall he. ,hnt' m all casv,. 'l',.e i>-oclam:Uion referretl\ '• inform "ou .hat in case of y-nr imme liateand poaeable obe hence and 'I'^r';';;"' u,h,iilon!erlhatnologalproccodim;-s be taken a-a.nst any parties implicated m '• these unfortunale brea'.-hes of tho law." » ,i- i Ou\L samedav, Iti.h February, Sir John A. Macd.mald wmte "' Aivd-^h-vp Tache: "Should the.pic-tioii a.ise as (o the cousumi,tioii ol the ^''>'^-; *^^^^7;^ '' belon-inu- to the Jlud'on 15av Company by tho insur^^ents you are an hon/ed - iufor.n tlio leaders that if tho Company's (b.vornmont m restored, not mdj/ >i ^ th>> <= . < or,,r«' icd«md^^^ vvjuvt- o-or mi..-!it take place, he was auihon/.ed to publish the pro.damation o; not, .w ho f l.ou.ll M ro o accon ing to .■ireumstanees, and ihat it would cover oycrythmg done tl!thechiV<.l'itMn.blication. Sir John A. Macdonald, giving adiflcrcnt intorprctat.ou- 1m. (Ml ,, ,'"'"".". '"'^ ','""■'('//'< /'/"/'.s unci (li;it .'vcrv i.n>siI,lo niTciii ion ulioiild l.oon i ( ui„; ' o llH i.'?' '''""^^'"^V^n'''''^'"*!' '''"'•'"^' ^^'"^ ^''« ""oasinoHs of tl.o flu Sr.'tn^ I s, '"'•'' ""■<.'•""!-• , Ilo nnnu-liatdy wroto (., Mr. Ilowo, il.o Af . II f ';'•''•-•'> "ilonn Inni of wl,:.i i.r Iim.I (i,.iu.. On liu- foniti, „r fnlv ■it. ly Ijo ''™''^V, ■ '"' J">^'I"'^'^lK>nsil.ilityinu■[[■,., hv V,, • I ^^-^ '7 " u conj, oto anuu-sty. ea.u.Vin any way attanl i;:::;no ul V u" uU ' Jo ' n ml:,;; Jlon.nvorsation to winch Youf Lonlslnp allndcs as l.avin- tal.c !■ -o Kt^^ecn lour Lonlslu,, and son.c 3lond,crs of ti.e Canadian ( "aln rt ion Vo ,r ->Mj. .in Mind His Ivxcdicncy announced that in case of thoir innncdiatn •n.d ;^ IJI'^'lile ' ''suhje^. "; r" ' n'M, : ' y r;;'.;"l'^' ^'V" ';'"^ ''^I-'i-'- i-l-'H-i^with tl.; principal On tlie otii of .lu!\-, Sir (le(ir"-« Ciirticr wpi.io (,, p; i mi' ■ laarked striciy private «nd .•■'nnden i ' ;. ' ,^'t; V^;: l'^.'! J-^ iH inl.iucu- J'atheriJitcliot had u ihSir.fohn Voun-'. Tlien lie -idds '• l.„f ;7 '■ ' -1-. i...1unate that it is Jler Majesty, aided hy theadvil^-ofil *r'iiuis^;s;l;::> i 4 21 lai'liirc and Ms 1870, five (lays niiition hIiouM Hoiio^liiio and >i' (icniM-al, in to ovt'iylliin^' ould roiist tlio (asinoHM of tlio ^t^ty, the plans di llicy in llio tlio Canatlian '<.'d) would 1)0 riimt.'lalos. that in a siihsc(|uenl intor.'iew, in .Inly, 1W(I>. Sirfioorj-oassui^Uiiiu that the amnosty would ho proehiimod thai notlnn^' htv\ hoon ehani>o/ in the X^rth- We>^t air My upjorriatcl, and he ig niv'ted not to rf lax those exertions until a liberal awl enlitjhtene,/ j>nliei/ ,s p>rnialh/ establiii/teit. In fact, while tho (ioveriimoiit endeavour t(. throw on their a,-,'ent the responsi ality of tho course of action ho has taken, thov nevertheless approve of what he has done; invite him to persist, and thov continue him in his conli-leiitial and delieute missinrate. an,l eontiilential. The first one for the puhlic, and tho other for MonseiKiicur laciio ah.ne ' \o j.orson can rise from a perusal of those two letters without heiiif,' satisfied that the conduct of the Archhishop was fully apjiroved of hy the (iovornmonl. who shrunk from a piiMic expression of their approval. That Vndihishop Tadie. actini,' under the instructiwevei-. doe^ not alVeel ihe .piestion, whether or not, ho acted within 00 '•ir:;:;:r:::r-7"-"-'~^^ m-OL'iiitioii of tl„. .V"'^7V"' -Maniloha Act i,i-,.v,.nt,>,i '. '"' f'-^'i'ifrs an, (Ik, '•y tl)o latter, is ,/,,t\o / ' ' V'''%''^ lH^■ir(.^sof ,Ik ' , ,' V.?' r^' ■"''"' "'^" «7^«>^ to Si,. (;,„4: ,f '1^^%; l^TO. llu. n...o,i„ion. hoin- ov.,- LV, ,.• ■•fl 23 '" i'l ac'tiiio. ji^ '^''■- Ji distiiicf 'f> make iliat yhvihi'v il was ' '■< M'orlla- of •'•li'liald, \viu„ ■* '^o ,iiia l)\- •""crs am! diV '1 ("liiswl til,. •II l!|„so M-Iio 'li"^ coiirso of ('tllC ii(,yvv\\. I'f relates fo " ;i llU'C'tilii;- '\'i'l'IIMU'llt, ;; iiioii. Tl.cy l-^^ est xvoi'c 'l»'t^'l ••!< tllC ^>>lifs," (lio 'I'l lialilo oi- licsc MCl^-oli- *'!v cai'i-ie,! Macdoiiald, oil (vovt'i'll- d 'jciiio- ill, ! '■oiiipii'tcd '"ibcr. and Mess. •Icli'.i^'atioii 'voi'iiincnt. < d('l'.'i;'atf.s i; also (In. ' I'i'cpai'cd til,' Hill „f liiV i !!;,,. )c I'i Aifro,! - (licCan- tlic othcf tda, !!k.\- ":•(■ llii'iii Mailitdli;; lil!iciill\- A. 3[a(.. Uitfliot dlU'ci-ciii 'laiisc of 'fi_\' war- ('■Sfii)/lJ<," V reti'r- fiicc to tlh' aiiviicsty. On the next day. I'.Mli of 3[ay, Sir (iooi-,ue, liefoi'c a^l^\vci'ill^ lliis letter, took FatJier Jlitehot and .Mi-." Alfred 8eott,"t\vo of the dt'le-jatcs. to .Sir John Toiiiii;-. the then (Joveriior (ien<.'ral. and a loii^ eonfereiiee took place on the subjeel (if amnesty. On the 2'>ril of .May Sii- (ieortce ('artier, answering the letter of Fatlior iJitehot of the ISIh. alludes to tlie ([iiestion of amnesty. On ihe 2;]rd of .May Sir (leoi'ire ('artier, aiisweriii.i;- tin- letter of Fathei- JJilel'iol of the i.^th, allndes to (lie (|!iesfion of amnesiy and to the interview with tlie (rovcrnor (ioneral, as follows: •• I desire to e'all your atieiition to tlu' int(>rview yon had with His Execlleney • the (iovernor (ieneral the IDtli instant, at which 1 -was piTsent, and at which His •• Iv-vcelleiicy was ]ileaseil to .state the lilierai policy which the (ioverninent ]M'o]ioscd •' to follow in relation to the persons I'ny whom you interest yourself, is eorrect, and '■ which oiii>'hl to ho ado])ted." 'I'his letter, it will Ik- ohsci ved. not only does not <'!eny Ihe empliatic assertion of I'aihei' Hitchot. that Sir .!olm A. .Macdonald and Sir tieori;e K ('artier had jironiised him guaraiiiees in 'eferenee to ihe amnesty, hut impliedly admitss that such pi'omise.s were nnidc, and Ihat tlie Crovcnior (Ieneral approved ol' their action. The postscriiitaiithori/.ini;- Fathei- iiitidiot to use the loiter in any explanation he mavhave to ;;ivc. was. nodniilit. intended toenable Fatliei- Ritehot to salisty the people of the Xorth-\Vest. that their deiiumds. includiiiii; the amnesiy. liiid been ac([uieseed in; othei-wise the postsci-ipt could have no meaning. Jnimediately aflei- this. Sir (icn-ge F. ('artier reipie-sted Father liilchot. through Mr. ,1. ( '. Tachc. Deputy .Minister of Agriculture, to sign a petition to the (^ueen. prep.'ired .-it the iiistanc,- of Sir (ieurge himself, and iiraying for an immodiate amnesty. Father Kitchot fiii-thcr says that in a >ubsei|iient interview Sii- George ('artier told him ih-M li,>hai! ,ibt.-iineiral! he wislu-d for. that the amnesty would be ])roelaimed liefoi-e SV/' C»(W[/,' m/iK'sfdl him ■' hi /'■// .Rid iind /li,^ jicujilf tlntt thvij lnul iKit/iiiKj tofcdl'.'' From the iiioineiil Father IJitehot left Ottawa on the first day of .luiie. he has not ceased to assiiiiu- and assert, in his letters to Sir (ieorge ('artier, in his interview.s with b'iel and others, and with Archbishoit Tache. in a secoiul [letition to Ihe (iueen, which be and .\lfi-,'l Scott signed in .May. 1:-^T-J. as wi-U as in the attidavit.^ (p. 83), which h,' gave on the ]!)th Xovember. IS7;!. lh;il ilu- aiiinesty had been jivoniised and Would he graiit,-d. 'I'lic sta!,'nu:ii> ol' l'"aliier Iiitdioi ;ii',' con(jboi'aied iiy lb,' U-liei's of Sir (Ieorge Cai-licr. by hi> memorandum of tlu- Sih ot'.liinc. ISTO ([".p. 171 to ITS); by Ihe evidence i'»f I he lion. ,Iom |»h ii-iyal. who sa\ s Sir (Ieorge C'a.i-ticr told him that ■• the 'amnesty was settled upon "— -t.'i tell I'iel (•*it (p.)'. lli!* and l:>0); by that of the Hon. -d. A. (lirard. to whom Sir ( leoige said ■• bi- sure that the amnesty will come bcfoi-e •• loiii!,'. — l,'ll yoiii- peopK' to remain ipiic! and keep order"' (p. 17'.'); by that of ]\rajor l'"ul\oy,'. who beard Sir (Ieorge say to Father l{itt-boi. •• 1 guarantee that yon ■ will liii\e "exerylbiini- you h;iv,- a>-ked.' and that he (Sir(u'oige) tVeipiently told him (.Ml-, (''utvoye) that he had promiscil "the (h-le^ates that a geiu-ral amnesty '• should be graiitcil tin- all jiast otVencc--;' also by that of lieiiianiin Suite, who sa_\s ilial in bis preseiic,- Sir (Ieorge ('arlier ■■ reiiealedly assui-od Father IJit,-Iiot that the •■ people would not be troiiblcil in icf,r,'i;ec to what hu I taken jilaee." .Major Fiitvoye was the Dciuily ami Mr. Suite Ihe Private Secretary of Sir (Ieorge ('artier. .Vjiart from tbi> direct evidence, the einpiii-y made by tin- ('ommitlee has di>- ( losed a series of liicis of the highest, interest, in tlu-ir bearing on the ([Ucstiou of aiiiiie,-ly. Mr. .\rebiha.ld \\a-~ ap)ioiiiled j/ieutcnant-( Iovernor of .Manitoba, and was in the I'roviiice. in Ihe iK^giiining of September. 1H7(». some eight da\s after the ai'rival ol ibelroops. Altliouuh he ileclares that he rei-ei\-ed no instnielioas as regards the amnest\. he never seems to iiave entertained an doubt that il was eitiier [n-omised by the |)omihion(lo\-eriiiiient. or implied in ibe Treat.v. This is shown l>y Mr. IJiyals evidence, and by a letter wiii, h .Mr. .\ri-hibal(l ad- dre-sed lo Mr. Snull'i. on llu- L'tllb of December. IS7;;. in which be says. --There is no I . "•-•-•ons of the „;,„no„t laid.". ''"vc-nnuMX c.t.ld' vc.n , v n "'''' •^'' '^"^ G„v,.?,*"; ■'■;■■'•«-'■ ""■ iv.vi,„ .,,. .„ ' """"" "™"' '» '- , „ " >^'".nM .Mr. {^ /,;;, 7' / ^>ncM-o-o„<.v,- ^'^'^^"■^. «> rally to the .support i u c.:.nu. lo,.wa.-cl as .o.n.os,.,,, ..„, , ' "" "^ " ^'"'^"«^<'- '• Hut I ,iia ,„,, ivJeiV,".":;,;:. , "vuiastaiiccs to tho fi^iiI»<-"l.v, iinluss ' pi'oeoetlinys. at "f 3Ir. Kiel. i„ y t" the siipiiort "f> «l»J)n"honsiojj own Janl,ir ji,^ "'• Ifo shook '- lliroii-rl, his '^'i" oi" (hi' sdi 'I'l', (JoVfi-iioi- !lC'(io|, ; ^1' os ma lo JU's :— . 'y li(', and internal ionnl hivv. an absolute and unconditional promise of amnesty for all tiie otleiucs ofwliicli JJiel and his conipanions might then have been chai-ged with. The woi-ds ;>o«r /a o/rcons/^coicc rtcfwc^/e, used by tlio Gover- nor, can in no wise linut the extent oltliis mercy, for pardon on the one day cannot mean ti'ial on the next day for the same otVence. The Dominion (iovernmcnt, under whoso authority the Lieutenant-Governor was acting, coidd only have been relieved fi'om tiio conseiiu'encos of the obligations implied in his dealing with the leaders of l,S(i'J and 187U, by an immediate disallowance of hif acts and repeal of his authoi'ily. Fm- tVoni tiiis !)ciri:r done, his course was aijprovod, by a promotion to the impoi-tant oiliee of Lieulenanl-Govarnor of :Nova Scotia which position ho now holds. ' Subsequent events show to what extent the J)ominion Government felt th© responsibility of the obligations which eiiher their own promises or the acts of the agents imposed uiion them, for within a month of the occm-rences just alhided to, and when all apprehensions of danger irom a Fenian invasion was over, Sir Gcorg* E. Gartici- and Sir John A. Macdonald are found pressing' Archbishop Tache to use his influence in getting Kiel toleave thecountiy/or awhUe. "Ifyou can succeed in keeping " himoutoftheway, I will make hiscasomine, ajid 1 will carry the point," says Sir John A. Macdonald. He agrees to pay money to keep him out of the country, and sondsa draft of $1,000 to Archbishop Tache with instructions to pay the money periodi- cally, and spread it over a year to ])rcvent waste and lliccmbarrassmcntcausedbyhis presence in the country from I'ocurrini;. On his way home, Archbishop Tache was inibrmed by a letter from Sir George, that it would be advisable that Lepine should also leave the country, and the Monty furnished by Sir John divided between him and Kiel. Al'ter reiiehing Tk^d liiver ibe Archibishoj, found that the sum furnished was iu- ufTicient. He ap]>lied lo Lieulenaiu-Govo'nor Archibald, who called on Mr. Smith, ,nd the latter, -w ilu- refpiest of the Lieutenant-Governor, advanced, out of the funds if the Hudson JJay Company, a sum of £000 Os. Od, sterling, to be reiiaid by the Do- by Sir John divided between him and Kiel. Al'ter reiiehing MqiX Ifiver ibe Arcliibishoi, found sufficient, and of minion Government. Part of this sum and of (he ^ium t'urnished by Sir John, was handeine, who left the countiy accompanietl by one or two men of the Dmiinion Police, sent by Plainvai, the Chief of Police, to protect them from danger. Archbishop Tache says the reason assigned both by Sir John A. Macdonald and Sir George R. Cartior lor their request to >e!id Riel out oi'tho country, was to prevent the excitement which his presence in Manitoba would make during the elections. Sir John A, Macdonald says his reason for sending Picl away, was the fear of a renewed Penian invasion, and the intormaiion the GoveVnmeni had that both Piel and Lepine. altbougli ])rofessing (o aei agaiiisl liio I'eninn imnement, were really in con- cert with its l)odies. Jf Iho Government had such infu'ination, the jn'opei- Jilaco the police should have taken iJiel an-ing ihem lo the tVontier, where they would meet their confederates and mature with impunity ilieir tieasonabU' pi'ojecls. Governor Archibald emphatically denies thai (hero was any danger of a second Fenian invasion, and states thai ho satis- fied himself ol the loyalty nt'Riol, about which he had doubts. His reason tor desiring them awa}- was the fe;ii' thai ii an attempt was made to arre.-i them, the whites, who looked upon them iinjn(friot$ ,tnd Iciulcrs, might rise to rt-cue them, and thci'eby en- danger the peace of the country. Mi-. Smith seems also lo iiave sh.'ired that o Be that as it may. the fact I'emains that the First Minister ot the Dom used Secret Service i 1)1 n ion. inioii has e mom y tor ihe purj o.se of secreting from justice ainl ])reventing the trial of (»no Avho was accused nt" treason and murder, full Jf nis was not done in part ilmcnt of an oDgagomont on behalf of the Government to pardon the otfeuce of 11—4 26 fwniishos another smd 1 oHv '*;,•'• *^"'^'f''- P° <™»^»«tio>' just alludoci to adduced, that ho Go J me I Mul^^n T"T '^T "" "" "^'"'"'^ ^^'"^'^''^ ''='^-^' ^^^o" and that they sou-r] t ^ 1 oso n T^^^n '"'"r^'^' <'' ^^'''' '''•"' o«,ers, later, at a m^-e convcko^t U^^ v tv, ? , "u V ^^^V^' '^^^^'^" «"=^"^^^>"^^"tiin(ls, we liuxc not to exiunino whothej- Kiel and his confederates (•.i.mniir.tod aei- wiiicli cnli t'nr tiic cundemniition of every loyal suhject, but A-rhether, according to tlio hnv ol' nations, those parlies are entitled to a general amnesty for all the (leedn hi/ f/i.rm pi rp'trnfrrl (hiring those, fronhlc.i, us insurgents and rebels to the authority of the Queen. To that end. many things ana tacts have to bo taken info considoration : — Daring the riibellion. al tiio linie when (he insurgents woi'o under arms and in possession of Fort (xarry. and controlled and wore ruling the country, Archbishop Tache, who was engaged in Rome ;'.t the (Ecumenical Council, wa-. called, and in- duced to proceed to the .North- West a- envoy ami plenipotentiary of Her Majesty's (rovernment, and there to do ail in his powei- to iiring the insui-gonts to submission. For that purpose, he was vested with the ])Owor;^ and authority contained in tho letter of the then (iovernor (Tcner;'! of (.'aiiada, Si:- .lohn Young, dated tho 16th February, IS71), of which follows an extru't : — " You are fully in possession of the views of my 'iovernmOnt, and the Imperial " Government, as I informed you. is (.'arnes' in the desire to see the North- West "Territory united to the Domituoii on e'|iiitai)]e conditions. 1 ueeil not attempt to " furnish you with an\' insiriu'lions I'or your guidance, tu^yond tl\osecr)ntainod in the '' telegraphic message sent me by Lord (IrauviHe. on the part of the Jiritish Cabinet, " in the J'roclamation" (dated 6i'h Docomboi-, ISfi'.i) - which I drew n.pin accordance " with that message, &c." In the above mentioned Proclamation, aftei' oiher recitals, Sir John Young, addressing the people of the North-\Vesi Territory, says : — '■ And I do lastly inform "you in tho case of your immediate and peaceable obedience and dispersion, / shall " order thit no legal prorcedings he tihen iignin/^t am/ parlies impliented in these iivfort%mate " brcachfs of the hiw." His Lordshi]) was t'nrthermore given a letter from Sir John A. Macdonald, Prime Minister and -^lillister of .histice. ilatcd tiie KItii Februa;^.-, IS70, of which the tbllowing is an extract : — " Should liie question .'ii-i-^e as to the consumption of any stoi'c- ou 15ay Company b}' the insurgents. y(ni are aulho;i/.cd to inform " tho leaders thai, if ihe Comjiany's iroverunioni is le-tored. if>t on!;! u-ill there be a '• general amnestii (jranted, but in case ihe Company s|i.,uld claim the payment for ■•sui'h stores, that the Canadian CovornmonI wiil sl^and lietvvee:i die 1 usurireiils and •• a" ' ■• •...ijiowert- 1 by these erelentiais, and hy the verbal instrueLlons ;:iven him both by the Coveruir tieneral am! ly Si'- .lolui .\. Maedonalvl and Sir ('C'T. M Carlior, in the name o'' tiie Canadian (io'.-'M'ip.nvnl. the .Vi'c liisho;) left I'or vi;e !:Torfh-We.st, where he ai'rivod in the lir-t days ot' "iarcji. a lew days aitor the (ieath of Scott. He immeilia'"ly v'ommniiic;i:ed 10 i'r? h-nuei-.', of the iMSurire.!*,- his credentials, namely, Sir .John Yi)um!,''s letter and pi-odamation Kith Febriiacy. 'j'hey were then ,n >-.s(>>sion organized what they >'.alled a Frovi-ioiia )n)pMlar election in the vari'>u- and Sir .Tohu's letter dated tho . .. / I'.ie wdiole lerriloiy, and had Frovi-ioiial CovernmoMt ami liegishiMire, through a Fivneh an^l Mngli-^h parislies in tho t'.'rritory After having remmistraied with them. "■ r .....i..i.;,^ ;,, fi noi- (leiieral ol Canada. nuKie ihem sever.d I !(i ih. ( 'an.ndian authorit v. a and snbn amnesty to all pai'lie> iaiplieated in the insurgents uj) to that time, iiirht'linij the yhoutin / m' Seott. !lir Loi'ilship. in !.!ie n.ime of I'noGover- ir omises it' ihey would lay down arms I'l more i)artieidarl v nfomised a u'eneral ii ii'i' ■lion. \Vl mt t'lev iiad done as iielying on a promise thus made by a man 01 neh a standing as Archbishop Tachd. on the anthoritv of the credcnti.nls he oxliibited to thorn, and on the vcr m 28 iH;! written i." nruo^^^^H, (1 .,";;;;::; ? '"' ^^"^ '^'^^^^^^^ ^'^ ^^^^^^-^^ '^^^ ma(iotheii.c^«a„L ^ '4>.o-eiitat,No of tho Government of Canada, was and i!I;uoS?i:i"v;:. ""i;rsi;:vi;': I't^'^? ^'/!'^ 'f "^^^^ '^'^^'^ ^--^"-^o^t, had been special yan'hoi;, /^^/^^ '^- '^^'^^'f >'=»'^1 =V'^^ '^'■»- ^^«^- ''- Cm-tier, who "raised ivtl.^iV,,], "J '-•.•'"■«■ •■' I'-'tloi- in M'hicli lo said ;— " Tlii „iiei(ioin " past is my ,vm-,™,t"o ' tff fuluro ,., v I,"' ' M ', ""I",""'"™ i ' "■""• »"■■ "'"I *e "WililyimporlamqaSons"^ ■*^'''-^^ ^o" "' '■"I"!"" "> "'»»» tlio (j-rv'ernmout pro- yoarseJf i% corrtct, and is Hu I xeellen.y lio Governor General, at whicl, I was pro Exce lency wa. pleased to state that the nh.ra,rdiJt?Xh «ci^;^ r""',7 ""'f'V" '^"^'— './-• -^'>- y ^.i^. ; ; tnat winch oiK^ht lo bo a'lootol " "^ country unoil the t,: ifn.- t S ...^^ ^'' "^' usic. I huu who was ,., govern th^ ^.itry imoil the arris-a! of the Canadian authoi-itiu iletoidlhemtliat Eiel should Wlien these two delefa'iPs ro icl>i-> l P->..f n , .i friends, tho leaders of' tt'nur,x'aw^ f"'^' 'r'''^^ to Riel and hi, condition of a y-enoral ■ m' es " ! < ' i '. T' '^'"'" ' ^''^''^' ^'•''' "'^^'» ^hat the Tach^, and tha? h"-: 1 ln:.iai ,'""'' ^^"tf 'r'' ;'^ pi-om.sei by Archibishop the strict delays nl^^aVl^^^tT-Zp^^'f'^P'^':;^'' "^" ^igiuture, within arrival of the Can San iuthoHUe. P 7- I'l '"^p ^'''^' ^' '='«'^ ^''^" "P '<^ th. "keep posver and ma, a 3Je ^ Tlo a n o ^ ^"'Vr'''^ Goyeriune.lt should kept possession of Fort H'JvyL to L .l •''^ , ;' .'j'-^'"^^'""' '" those declarations, Gove^Uent, and then Lnu^lLX dis^^;!:!;^;!' ^ J V"!?" ^"^^ '^' "^^ ^^^'^^"''"^ .vidJ,;c^;oteSil;f^^''i;i;;.sli;:::^'v-^^^- pro..ed. aU parties hayin,';:.^;:^-';,;i,:^Pn<;t;^^^^^^^ I i i 29 •luriTcnts dotor- tlioy had novor II >' he forced l>t!iii^' i^nvinted llio Dominion. (.'onsiJcr thoir t^i'oo Hj)on tho iy (\\d so fhet/ of Ilrr Alujesty. ' Ottawa with I promised by Canada, was ) Xorih-Wo8t, I. Cartier, who on the subject ions n'ivon to urreeinont was Vet. loral amnesty Sir John and md stated to ' Archbishop the leaders of 3 promise of Pho ([iiestions c reiatin<^ to sir, and the . bo lore our ion to those Ritchot and nor General, ,!;• ;»'iswor to you ha(i with w which His :-nmout pro- orrtct, and is ile-i Ritchot iCovorn the -Kiel should lid and hii un tliat tlie V-rehi bishop lire, with in t up to the tiont should eclarations, e Canadian 'eed to. e and other y has been for all iJi© deeds perpetrated !)y them as insurgents. Lot us examine by comparing tho evi- dence, the value of such an opinion. On tho one hand, wo have tho followinpf authoritio3: 10. Arehiliisliop Tar'h(5 states he said to Sir John A. Macdonald, before leaving for the Nortli-Wost : "This is all very well, but there have been acts committed " which are blameworthy, and there maybe some other before my arrival there: " may I promise them an amnesty?" tie answered me : " Y'es, you may promise " it to tliem." It was then that Sir John A. Macdonahl wrote mo the letter dated " 10th Feby . 1870." 2«. Tauior liitchot says that, when ho arrived at Ottawa as a delegate, "The " Alinistcrs said in rcplv to our question, that they woro in a position to assure ua " tint au amncstv would be granted immediately after tho passing of the Manitoba "Bill." 6'^. Alfred A. Scott sa3^s, in his petition to Her Majesty: '< That on tho dav and at the hr>ar ai)poinled, the negotiations were opened and "that the deleg'itcM of the ]!^orih-We4 declared to the Honorable Members of tho "Cabinet of Ottawa, lliat in conibi-niity with thoir instructions, they could not com© "to any agreement unless a general amnesty should bo granted for the illegal acts " whicii miglit have boon committed iiy any of the parties concerned in tho troubles *' that liad occasioned the actual delegal ion." "That tiie Honorable Sir John A. Macdonald and Sir George E, Cartior declared "to the delegates that they were in a position to assure them that such was the " intention o'l'Your Majestv, that they could consequently proceed with the negotia- " tions, being satisliedthat the Roj'al Prerogative of mercy would be exercised by " the grant of a general amnesty." 4^\ Hon. Josei)h lioyal says : -kt -^ u " In tho interview referred to, T said to Sir George, T intend to go to Manitoba " if the amncstv is to be proclaimed. • jtti ^ " ![(} advised me very strongly to go, for several reasons. He enquired if IJiad seen Uiel. He told me" to tolf Kiel, and write to him, ' L'amnesde est une affaire ' ilccidi,c<;^t unc nffahe fute.' He seated that it was a settled affair ; ' that the " thing, was done.' , "He cxnres,lv asIcoJ mo to inform Riel of this, and to write to him if I could " not see him." 5®. Hon. .AF. A. Girard says : ,, . . '' Vs one ol' th'.' Ministers of the Province, and feeling that it would be impos- " siblo to do nmcii good in liie Province without an amnesty, I wrote to Sir George '• Cartrer. w4iom \ ro-Mi-dod as one of my purticiiliir frienm" wrote tnlSir George as well in my cajiacity of a Minister as the sole re presentali vc ,!• ' he I' rcncii e!emei\' ; and 'also' as friend. 1 have not those answers « from Sir ( leoi'-e here ; thev are •it Winnipeg. In these letters to mo he remarked " aUo when recommendin- quiet, iliu: tlie enemies of the people would bogratitieay-i : , , , t i jiu i j.i. t. at " 1 am" Deputy ot the Minister of Militia and Delence. I have filled that oftico " since (,'onlbderation. ^ . j t^ i, -i-.-x v i. " I was pics«m at n meeting between Sir George Cartier and Father Ritchot on so ill I ^^ 19th May, 18,0, or thereabouts, wlion Sir aoorijo told Father Ritchot this : ' Je ^^ gunrantis qucvous vnrez tout ce que vous avcz dnwuufc' 1 .ii,| not hear the conversa- Hat.on whu-h ha.l j^re.'odecl this expression, nor was jinythin- sai.l afterwar.ls diir- n- the same intervieu- further. It w.,-, at the elose of a long- interview- hehveet. them^M-heii ] was called in and heard ihese Avords. "/;>|Ih;i'_ iJifohot came from Sir (!eor-e's direct into mv n.oni. which was al- ^^ mos adio.nu.^r, and told me that Sir (leor-e had -uaranteAd tha. an amncstr for all^ the past should be -..anted as soon a> il eoald possiblv bo obtained. « r,.. +. IT ? .""■ -'^'^^'^'^^ ^yy^ ''''^t mo T went into Sir (Jcor-e's room, when ho told mo tliat he had promised all that the dele-atos requested, and he hnocd thateverv- " thin^ was hnally settled. '^"-^^'J «< ,«n\!^V!^'''''' '"'^"' '''^"''^'-^i'^'''"' was satisfied, and I told him Ihal he assured ^^ me that tlio promises made by Sir tleor-o were quite satisfac(nr\-. This interview "dav'*^'" '" '''"'' ^ I""''-""^^- ''^'f'"'"" iinyaii(lien;-enf!l,;>(invc"n,,r..M (hat wi T'^c*^ >*'xp>'tIomen all airree in their evidence that the a^ai-stv u-.as promised GWeiifme'iit •^I'i<'^i'>"al(l and Sir Geo. Iv. Cartier, in the na,:, oof (he Canadian On the other hand, we have tlie denial of the two hitter i^'enll-mcn .«oH:'! ''™"^';/.'V''"'''nrV/'-';i''''-'''''''^' "''^ contlictin<. evideiico ;. . Jo the promise made to Archbishop Taclu^ l.efore ho left as delegate on behalf of (.Canada, and to niis^y:i. iutyhot and Si'ott. as delegate^ from ])e,>ple of the Xorth-West. ii niu>t be borne m mmd that at the time when tiie insurgents took arms and -ot possession of iortCrarrv, .here was -reat excitement. Tii,' Ponians had fwicoTnvaJed our tor- ntory, and thereby cause I a large amount of ex])ondiluro both in time and money, ihoro was fear m hngland and here that wo might bo called to sutfer a considerable loss in lives and m money, an.l perhaps be ([.■agged into a war, not only with the Half-breeds, who wore but low in luimher, but with the Indian tribes of tlie prairies to which the nisurgonts were related by blood and language.-and with the Fenian oiganization, whieh was making every effort to raise (rouble on this sid.. of tho American inc. H was believed by everybody that if wo once got into war with tho n£ f .u '"x?"'M'\r ''"" '"''"''^ *'"^^^'" ''^"' ^"'' ^'^i^ «'^ '-^c^'oi^^t «t'tho immense extent of the Xor li-Wost territories, and that wo would be exposed to tho same the Indians of thoir Western Territory. s;nn7!i^ ^rn'''-'^ Government itself, "to a certain extent, shared this apprehension, «Tt I • Mr^,'"^'"-''', ''"''^ "'structedto watch tho proceedings on its behalf ^Lth^'n'"''*'";"'"''' '' "^'^'^^-^^^^"T ^'•' >^"'^ thn ,ciegra],l,ic despatch referred to by the Governor-General, &c., iVc., ivc. Such being the general imnrcs^.on, and the Canadian Government bein- advised by the Imperial Authoritie to mako every elTorl toward^ the settlement of>he .liiU- ciilt , IS 1 not m^si probable and likely that Archbishop Taoh^. when sent to the ^01 h-We.st, received the authority he was asking, and which everv one eoneornod must have eonsalM-ed as essential for the succes, of his mis-ion, namelv. the power to n.omise the granting oi an .•unnesty ? That conclusion must al -o b^/arnvoJ at if we consider the e.lec. and extent of iho general authorilv in the ro-/. i^nic/.; given dl!l?h^^;RI^T''■''''' r'"'"^"' '^^t^'-"-^'' l-yti'.nt oV Sir John A. Macdonald, uateathelbih rebruarj-, lltV. A[ess^^-!;!y!: "'';; ^''Vp-?'";'' '^^'^r,?*' ^i-- '"i^"- f- ^'="'ticn and his declarations to Dromi V ■ '^'P"\'' R'^;'''^»- =^"^' I-^Uvoyc, ::!1 of which go to establish that, ho Kb "hnnT, ';?'';'''• T" ''''■'''■'' ".'"' ^^''''^•=' ^■"">' ^■•--'•'•oborate the evidence of bv A,v I 7l i'\hV" ^^' r"i>P'»^^"l that if ihe promise of an amnestv. as stated Ir vt s nin'* if f' ^"'"u ""^ ■'""'' "^"''" ^y ■^''' '^••'"' '^- '^f'^^'do.iald, that ho would uue sihmi edto t.,e allegations contained in .cvcnd of his Lordship's tetters 7 I euten.nTi'lv '''■'' ^'T ^T?^ ^''-'\ '/l"' '"^'^ ^^''1^'"" • "'^'^ ^'^ ^^'""''l ''"^'^ approved hC« Zmtr" 1 ■ ,^'k "'"'!;' *'";' '^'^•^''"•■•^^<'^% Mr. (iirard, when they made th. name promise ? Aud when Mr. Archibald accepted Kiel's services to repel the n ohot this : ' Je V tho conversa- iftorwards dur- whicli \v!is al- ii amiu'-^t \- for . wlion lio told oimI (hat overy- hal 111' asKiired This iuterviow VC'Iloj- oil (li;it was |)i'omi-;<>d <■ till' (>an:iiliaii Ml. i'l till! proiniHe Jaiiada. aiid to jst. i! rmi-t 1)0 t possession of vaJc'd our tor- 10 and mono}', a coiisiileiablo only with tho f the pi-airies, th the Fenian is sidi' of the war M'ith tho :'tho immense to tho same on account of apprehension, on its behalf, iatc'h referred heinif advised it of 'the dii'li- n sent to the •lie eoncorued y, tho jiower arrived al if blinr.!t,t> ;^ivon . Maedouald, 'olarationH to )lish that ilio ! evidence of sty, as stated liat ho would iiip's tetters 7 five approved loy made th« to repel the Fenians, can we Mii)po.-,o that Sir John would have i-ewanled him iiy iciving him more important \ tsition tliiin the one lie ihon iiold, if Mi-. Arr-hihald had done no without Sir Jo'in's knowlc l-c auil coiis( Mit ? IXvidodi no To sum up, from tho reasons, tlienoxisUn;.;, which would have induced any G.»vern!nent to do all in their power to put (l)wn that insurrection, and from Sir John's candiu'l !rom boninnimr to end, it is oviileni that, a-s alic-'cl by Archbishop Taclui and .Mo.-si's. IJitchot and Scott, tho ]n-omise was duly iiiauf boih !>ot'orc and at: tho time tho delegates came But now let us suppose for one in uncnt llial. wlicn Archbishop Taclid wont to tho NorthAVo.-t as tiu' roin-osugitiiiuf of Cana ia. he was not authorized iiy the Go- verninon! of ihc day lo inakr I ho promise lie iias made, would t!ie iiuoation bo chanii'od ? The followint; lacts arc uiulonialilc: Archbishop Taclh', a- our plcnipoiontiavy, and as representing' tlio (Tovornor and tho Govornmonl of Canada, made to tho iiisuri^enls tho promise of a full and general amnesty, in tho very terms mentioneil in his evidence. That |U-omise was ofTicially notified to the Canadian (rovernment by big lettew, bearing date tho 11th March, 7th May, and 'Jth Juno, 1870. lie had never been disavowal or publicly disapproved, but on tho contrary, he was thanked for having done what ho had done. For and in consideration of that ]n-oniiso ot amnesty, tho insurgents sent dele- gates to Ottawa, to whom tho promise was renewed, at least by Sir Geo. .10. (jartior who, together with Sir John A. Macdonaiil, had boon em])OWorod by tho Cabinet to nogotiafo with those once j)iii.li->hed or accepte i. all the pa-'t m\usL bo " buried in oblivion; nor must any one be called to acc.mnt lor what has ; en done ind. in general, tho sovereign, whoso word ought over "during tho di>turbaneo " to be sacred, is bound to tho faithful observance of c\X'\-y j»roniise he has niudo, "even to rebels— i moan to sucli i»f his subjects a> have revolted without reason or "nocessity. If his promises are not inviolable tho rebels will have no security in "treating with liim : when ihey have (nice diMwn tho sword thov must thnnv away " the scabbard, as ono of tho ancients oxiu-esso^ it; and tho pi-ineo, destitute of tho " more_ gentle and salutary means of appeasing tho revolt, will havo no other ro- " maining expedient tiuin that of utterly <'\-lerminalint: the in>urgents. These will "boeomo formidable through despair ;' compassion will bestow sneoours on thoni^ '» their party will increase, and the State will be in danger. AVhal would havo ho- of lahlr " come of France if the leaguers had thought it unsate' lo re'y on tho promises " Henry tlie (i rea' ? The same reasons which shonhl render the faith of promises inrioh.^.. " and snered hutinm individual and indiciiliial, hetween sovereign ami sovereign, hetween " enemy and emini/, suhsist in all their force between the sovereign and his insurgent or rehel ways. Some jurists havo asserted sjiecitied in wi'iting; but, though it cannot be said to bo indispensable ign ana ins insurge '' lions iiubjei'fs." Also Book v.. cli. VI., Act 14 : " Upon a scrupulous lidelity in the observation of treaties, not merely in their "letter, but. in tiieir spirit, obviously depends, under (iod, the peace of the W(n-ld. "Pact a su net servanda, is the pervading maxim ot" international, as it was of Roman "jurisprud(!nce. ' And again, loc. cit.. Art. oO : "Tho consent may bo signiticd in various "that tho declaration of consent must be " this be the usual and most convenienl mode, " to the validity of tho Treaty.' Wheaton (Elements of International J^aw, Part III.. .S. 253) says: " No particular form of words is essential lo the conclusio'n and validity of a "binding compact between nation>. Tht»mutual consent of the contracting parties " may be given exj.i-es.sly „r tacitly, and in tho lirst case, either verbally or in writ- "ing. It may bo expressed by an instrument .signed by the ploni])otentiarios of " both ])arties, or by a declaratioi'. ami counter-declaration, ov in the forni of letters "or notes exchanged between them. Bui modern u^agc rcciuiretl that vei'bal agroo- "ments should lie, as soon as ])ossiblc, i-educcd to writing in order to avoid dis]>utes; "and all more verbal ecmimunications, ])receding the linal signature of a wj'itton con- " vontion, are considered as merged in tho instrument itself. The consent of tho "partie.smay be given tacitly, in tho case of an agreement made under an imperfect "authority, by acting vnder it as if duly concluded." Also lor. cit. H. 255 : '• Such acLs or engagements, when made without authority, " or exccedi'ig the limitsof tho anf!)ority under which ihev purport to bo made, are " called spo7isions. These conventions jiuist be (ontirmed \>y cxj)rcss or tacit i-atitica- " tion. The former is given in positive terms, and with the usual forms; tho latter " IS implied from the lad ol" acting under tho agreement as if bound by its stipula- "tions. Mere silence is not sufficient to infer a ratitica: ion by either party, in order " to prevent the latter from carrying its own part of the a-ivenient into etfeet. If, " however, it has been totally or partially executed by either party, acting iu good !(l, that hifl .'ii'tioH have inch of good :Hito, on his ^fifcfit, nnd the puoplo (ft ciicum- IIICS TlOCOH- oi'ti aie nu- »t niiHl ho ii"'Oii doiio ()iii,'lit ovor lias iiiiido, t reason or ! iortner siluatimi." Also, I'ai't 1\'., s. ;;!l'.> ; -{irotiiis has devnli'd a whole chaplei- of his " groat work to nrove, by tlie ('.)nsonting testimony dI' all ages and nations, Ihiil- " good faith ought to be dbscrved towards an enemy. And even Hynkershoek, who " holds that e\i!iy othor sort ol' IVaucl may be pi'afli.M'd towards him, [irnbibiis per- " tidy, upon llu-groinid that bis character n|' enemy ceases by the eonipact with him •' so iar as tho terms of thai compact extend. ' I allow of any kind of deceit,' says " ho, 'perfidy alo':o oxeopte 1, not iiecause anything is unlawful against an oiieiny, "•but because when our faith has lieon pleili;-ed to him, «o far as the promise exlemls '• ' he ci;ases to bo an eiu'iiiy.' Imlccd, williout this miligalioii, the horrors of war " would beindetinite in extent and interminable in duration Tlie usage of civilized " nations has tlierel'oro introduced eerlain ronnniirin hrt/i, liy which the violoneo of " war may bo allayeil, so liir as is coiisislciil with its objects and jjurposes, and " something of a pacilii- intercourse may be kept uii. which may lead, in time, to an " adjustment of dill'ereiices, and ultimately topeace.' And again, /<;(;. (:i7., s. 5-U: " If an ai)straet right bo in question botwocn the " parties, on which tho treaty of peace is silent, it follows ;liat all previous coin- " jjlainls and injury, arising mider such ehiiin, are thrown into oldivion by the (ini- " ncsfi/, uoco.-sarily iini)lied, if not ox[)ressed ; but tlio claim itself is not tboroby " settled either one way or tlie other." Wnohiij ([utroduclioii to the study of iHternational Law. s. 107) says; " " But Byiiivershoek det'eiided anoflicr opinion which is now the r. WW)) : "The same rules of war are re([uired '• in such a war as in any otiiei — the same ways of tii;liting, tho same treatment of " jiriso'iers, of eombatants, of non-combatants and of private iiroperly by the army " where it passes: .so also nalunil justice demands llie same veracity and failhfulness '• which are bimling in the iiitiTcoiir-e of all moral beiiii;-. '• Xalions thus treating' rebels, by no means c;)iieode tlieri'liy thai llie\ Ibrin a '•■ State, or that they are tfr /ncto such, 'fhere is a dilU'reneo beiweeii Indiiu'ei'eiits '•ami belliii;ereiit Slates, which has been too much overlooked. " When a war ends to the disadvantage of the insurgenls, muniiipal law may •'clench tho nail which war has driven, may hang, alter legal process, instead of " shooting, and conliscate the wliole instead of plundering a part. But a wise ami " civilized nation will exercise only so much of this legal vongeauce, as the intoro.sts '• ot" lasiiiin- order ini[)erious|y demand. ' At s. 1 K;, he says: "'fho jiossibility of intercourse in war de[ieiids on the eon- " fidence Avhich tho belligerents repose in eacdi other's good faith, and this eonti- "dence. on tiie iinchano-eable sacrolness of truth. Even IJynkershoek. who allows " everv kind of violence and every kind of ci'aft, has to say, in wiu'ds already citi'd, " • cgo^plideIn omno:n doiuin permitto, sola pertidia excejita.' That faith should lu> •• kejit with heretics has been denied, but no one has maintained that it is not to be " kept with enemies. "Such being the uiKloubted principle of obligation in war ;1s well as in ]ieaee, " war is enabled to jiut on a milder form, for that reason, and fo interrupt its vio- *' louco for a time, either towards particular persons or entirely." ='- -'^ * 11— J S4 And ncain (h. l^.T) : "Tlio ofToct of n treaty on all irroiin.h of coinpluint I'.r "which .V war wu. un-lortakon, is to ahaiulon thorn; or, in othor wons, all poaco ..Tmn Is .m;...^^ or ohlivion of all ^m^t Hubjocts of .lispnlo, whothor tho Mmu_ " oxnrossly monMonocl in the terms ot^ tho troaty ov not. Tlu-yrunnot ,n «oo. a. h "bo rovivo.1 a-ain, although a r.-potition of tho .amo uots may bo 'y'« ' V"; " fjrr-uul of a now war. An al.straol or Kononvl ri-ht, liowovor, it passed ovor m u "troatv it not thoroby waivoil." , , , Nmv if tho ruloH laid down bv Ihoso writers are to be taken as law, as nn- doiiblodlv thoy are, beoause they are a-loj-led by nil writers on the ;<"':f' ''. '""' more i-ti. . lu-ly because they are based Lou justice and enuty could .t be pro- "cnlled^ulat a Konenvl amnesty is not due to all inu'tios i.nplicatod .n the Xorlh-Wesl difflculties? , . . ,. Have those parties a riyht to claim it f L T^'utVnoy woroas8ure(l, by the representative of tho Government, that the amnesty would "be 1,'rHnted on certain conditions? , • i „ . .,i 2 That that f-'iot wa. communicated to thotJovcrnmont of Canada, which acted °" VTl^S^tt^^itltcanbe sai-1, is, that the dolc^ato. of those parties, and throuch them tho insur^'ents themselves, were made to I olievo that it thoy woulu do as they have afterwards done, thoy would got ami.osty withou restriction . 4. That the stipulated condilions have been ndtillod by the insurgents and ac- cepted by the tJovoiM«'ncnl ? Thoro cmi but bo an affirmative answer to each llu.e of quotions. Lt -Governor Airhibald states in his evidence: "Tho people were undouMedI> " convinced that there was to bo an amnesty. I could not form any cmclusion art " to whether or not the i.copb- woul.l have taken a dilVeiviit line it tiioy liad not "been satisfied that there was to bo ail amnesty." ,,.,,. , ,. ,, •! In their address to Lieutenanl-Govomior Archibald, the inhabitants ol tlio paii^li of St Korbortsaid : " Your Kxoollcnoy will novortholoss allow us to sny that wo " must not conceal from you that an essential feature is still wanting; wo, nevor- " theloss, expect it with ccmfidonce, seeing that it lias boon pnmusnl ».s /y/ wn,^ u-hns,^ '^ wor,h wa-f. nrre.r spokn, u, vain. Your i'Lxcolloncy in person has assured us that all '• that has been guarantood by treaty cannot but be granted.' ,,,.,. ,, ,, Do not all tho facts and circumstances prove the conviction and iicliet ol tlioso ^^^ Another reason why, according to all laws, a general amnesty shouM bo grant cl, is thatJMr. Arohihald, as Lioutenant.(!ovornor of Manitoba and llor Majesty s repre- Hontativo, durin-the Fenian invasion of O.tol.or, 1.^71, accepted the services ol Iviol nnv his inomoranac,<, 1 see "nothing iirthc counso I took that gives me any doubt as toils corroolnoss. I " would take it again undei- the like circumstances, li'tlir Dominion lunc at Ihia //c<- " vicnt a rrodnce to ihftnd, and not one to conquer, tluij uire it to the poiui) oj Jor- ^- Icarancc," etc. ,,„.,, , i i , \ Now, can it be maintained that after Her Majesty .s dovornmenl haty who le Canadian hack, I soo •I'CCtlU'SS. I IT lit tilix mo- lolirjj of J'or- d roquestod oxcitcinont, ho invMilors, ']\.(il Pron'ticc ussion, — thai already boon 3.') ' ". '. .„ .hoinV Toanii.rb!diovolt, nuch a poH-y would bo nnprcc«aontoa In Who., i-.nl KiinlMM'lovstM.th.sd..i 1 1 't 1 ^^^^^^^ applyniK to all- the vartios i.nplioat.-d in ihoso Irouhlos, ' - ' ''^ ;^^^^^^^^^ ..f tho farts .li..doHod hv 11,0 I^M'>H<.t•thoC..nln..ttcooi the. 1 i>o^^ '^^^^^^^^^^ ,^,^^.^ ,^,^,,1 othorw.so tios; for had ho known siioh tacts, ho ^ ""•.,, ^„ (j„vornnuMit to suhm.t that l.avo no doiiht that il is H.o ''"<> " ^,J 'J,/ \^^^^ ovidonoo to tho l.niH.rial to.yoni.no ' *^^ ^ ,." ^ . ,,j,,,sontatives. 1 do,, .t no lowhi.d, Canada has Doon plcd^i-d h> !''\,; •"'.,, ^ (iovernmonl wil 1 , aftor lull information of nil tho '•''••■>""^»' ' \tl o, .li - to all nartios iniplicntod tt d'uthoir iln.y to procdai.ii a ^^-^^j:;;^:^'^:,^^'^. tho ^orth-Wost distiir- ,„>,l covering ail acts por,a.n.todl|tH^ ^^^. ,,,i,ie,.on. lor tho i,M„ccsdarin.t,Oho years IHI.'J and 18.0, v\ituov „U,vonieiitiono.lroaM)ns. .,,.„.,, j, ^.-iacco of many of tho 1;"K1;'^\,"«** ^^^ Moreover, it ai^poars, hnth <"";,;^''^ ?;,;!;,,, u„aniinon>ly "'l-pt^'l h' ^ '^ ,^'\^ l,cforo tho ComniiUce, and Ironi the » '•'V^;"^ V ,. ^^-^ and upon which is Tr^sof tlu,>laiiituhaLc,i-la,n.re m th ^ - ' V, icos and tho inhahUants o l„sod their polition to Jler '\l';|^~ .',,.;? , ,,s pn.n.ised, and are ar.xioi.s hat >,,..itoha,encrallv,nu cr.^^^^^^^ n,cir petition, fk.t nil "-' .natter ^1-;' l'!^,' ,',„/,, ./.,./-/ '-'• -' '" r.st. Questions conmcted uHli tiuw. u'"^ Ottawa. 1st Oclohcr, 1S«I. 36 Copy— (Xn. !t.) DowNiNCr Street, Ttli January, 1875. My Lord,— I received, on the 29th ultimo, your despatch No. 305 of the 10th Dec- ember, transmitting- a copy oi' an Order-iu-Council, in which your Ministers request that Her Majesty's Government ^Yill deal, in such a way as ex- isting circumstances may seem to justily, with the w^hole question of the offences committed by Kiel, Lcpiue and" others in the North- West Terri- tories of the Dominion, in 1809 and 1870, 2. This question has now passed into a stage requiring that it shoukl be disposed of witliout dehiy, inasmuch as Lepine, one of the principal parties to the brutal and atrocious murder which formed the most ]io- torious J'eature of the rebellion in Manitoba, now^ lies under sentence of death for that crime, and it has become necessary to decide not only whether the extreme penalty of the law should be inllicted in his case, but also what course should "be taken in the corresponding- case of Kiel, in the event of his submitting himself, or being l)rought to justice. 3. I fully recogni/e the^force of the considerations which lead the Dominion CloVernment to think that this is a case with which it is dilhcult, for several reasons into which I iced not now enter in detail, for the Local Administration to deal ; and I should have been prepared to instruct you iormally on the subject, if, after considering the question in the altered aspect in which it is now presented to me, I were of opinion that stich a course would bo the most convenient. 4. There are, however, obvious objections, notwithstanding the full confidence which Her Majesty's Govcrn'mei^t are able to place in the com- pleteness and imptwtiality of your very able exposition of the circum- stances connected with this case, io their undertaking the decision of a question whicii can be thoroughly understood in all its bearings by those only who, residing- on the spot, are familiar with every detail of it. It is on accoiint of the almost insuperable diiriculty of ensuring a just and pru.lont decision on the part of ])ersons who live at a distance, and are of necessity imperfectly acquainted with iacts and opinions, that the Queen delegates to the Governors of her Colonies the administration of the prerogative of niercvin regard to cases arising wuthin them; and 1 am clearly of''opinion that in the thirly-ninth paragraph of your despatch you rightly indicate, as I liavo already intimated to you by teleuraph, the colirsc which it would be most correct to follow, namely that, acting under the powers vested in you by the Koyal Instructions, you should yourself detei-mine whether the sentence pnssed on Ijcpine should be carried out or modified. You observe that you ]-»ropose to act in this matter on your own responsibility : and 1 believ'e thatby proceedinu' in that manner in the present instance, that is to say, by relieving your Ministers, under the very peculiar circumstances in which they are placed, from the obligation under ^vhich thev Avould lie, if the question were ait ordinary one, of tenderinu' adyice to you respecting it, and by deciding according to yoiu- ,.;ii ti.xj) ivKxW ihi» r('ai;irements of the ov.u case. individual iudgment, nou will best meet th. 'qu pre 5. l>ut although, for the reasons which I have stated, I think it fera])]e that sixch action as may be taktMi should ))e formally and 3t technically your own and not that of Her Majesty's Goyernracnt, I am quite willing to give you that assistance and support, which, as T gnthor irom the third paragraph of your despatch, you and your Ministers consider that a dispassionate review of the %vhole question, accompanied by some i xpreesion of opinion on tl\e part of this Government, would render; and I do this the more readily because it is pre-eminently a question as to which an iinjiartial expression of carefully considered opinion from an authority which, although not directly connected with the many personal, political! religious, and national feelings that have been aroused, is not the less deeply interested in the maintenance of a harmonious relationship between 'the members of the Dominion, may be useful. , . n ,1 1 • L 6. I will, therefore, at once proceed to state briefly the conclusion at which I have arrived on the whole sul)ject, and which I have laid before Her Majesty as, in my humble opinion, combining justice and mercy m the hio-hest degree compatible with those conditions of public policy which°cannot be ^vholly overlooked ; and it is with much satislaction that I iind myself able to agree with the course which you have yourselt determined to be proper in the event of the considerations which have appeared to justify an amnesty not benig found on examination such as to warrant the entire condonation of the crimes which have been committed. ..in ^ ■ * 7 Following then the order in which you have treated the subject, I may observe, in the first place, that it 'is obvious that neither the proclamation intended to be issued, but from certain causes not pul)hshed at Fort Garry in 18G9, nor the correspondence cited m paragraphs 4 to 7 of your despatch, are in any way applicable to the condition ol atiaus which arose when, some time subsequently, the atrocious murder ot Scott was committed. Nor can anything promised to the murderers (althouo-h ill U'ood faith) by Archbishop Taclu'-, nor any impression or underst^xnding' that he or others may have formed of the purport ot conversations or communications with individual Mmisiers, be deemed to have in any way pledged the Crown to extend an amnesty to acts winch had not even been heard of by the Dominion Government, when he received the letters hisiructing him as to his proceedings at Fort Garry, and which on full examination could not fail to appear to be such as th(* Queen (if the Imperial Government should he required to net) could not be advised to leave mipunishod. As Archbishop Tachc's connection with this allair constitutes the iirst of the live reasons alleged lor amnesty 1 will now dispose of it by observing that with all respect for his honesty and -ood intentions, it is impossible to admit Ihathe had any suilicient ..-round for l)elieying that the Crown, or the Colonial Oovernment actmg for the Crown did 'or could delegate to him, or to any other unoihcial person, or indeed to anyone, as to a Plenipotentiary, an unlimited power of pardoning crimes, of whatever atrocity, not even known to hove been committed. ^ And your opinion that the Crown is m no way committed by any promises given by Archbishop Tache is the only one which I can consider tenable. , ,, i i.- i 1 1 ;„ based upon alleued conversations held m 8. A 1870 by Pl ]")V Abbe Uitchot, Archbishop Tache and others, with the Governor General and Members of the Dominion Government, 1 had occasion some 38 and still hold the distinct ^P'"^^ ..^^j^^^^ ^ ^J^Jd , of the .tatemonts made Abbe liitchot (li'om ^^f^f'^J^^^ir^y to misroprosent not to him, was so complete as to ^^^^ ^.^Y'/^^J^^^^ernor General and of other cnlv the vie^vs butthe ^^^^ "^ % "^^^^'^^^y iMs statement in officers of the Government 11 1 ^^^^^^ >/\\=^,,,,i,te or too encournsino- BO lar as it "^^.l- t^j!;!;^;^^^^, C th'ate Sir G. Cartier, a^^^ observations which u^ ^^^^^^ ^>^fhe , is no adequate evidence,) have been may possibly (f^^^^^^^,^ \ b. liitchot to entertain too sanguine a hope such as reasonaldy to '^^'^^ ^ ^^'^^'\/V\', ! ^ .,t the same time place on record as to the result of his ^^^^)'«^^^^y' f,-/ 3^^^^ to have recollected the ^y belielthat Sir ^- ^^^ ^ J^^^^!^^ ^ ^^-Jr^ment, and to have on ^-TThrSi^d'^oa that the .nui^^ers^r^ott rep.^ Government, and are eonsequeidAy ex^-^^ls" Pj'^^^^^ -^^, ^^.,^,- ,b, ^vhich I cannot lor \,"^«;^^';"\*^^\''!Vovrer\)r pretence of establishing i. L my opinion not^ even wo Uy o^^^^^^^ ; ^^, ^^ounds ahegcd, in the 10 Mor ami able to take into cons.ut la „„^-,i„«,.o4,.h Thcv seem four a'pW, in the 28th and 29thpa.u^aphs o ycuudespatjdi.^^1 ^^ > ^ ^^^^^^ to me to have no bearing on f'^^'^^^^'^njo^ Lieutenant-Governor to the iifth place, which is 1)ase(L nP^"^;/^'; ! ;' .^^ ^g^^), ,vith very made- Archibald with the murder«•solSoU^^^^^^^^^^^^^^^ rJvS^wUh:^ h^--l't<-^ ^-^- invasion, then seriously any other ^-'Hubers of the comma Ur^^ ^^^^^^^ ^^ them and not onlv iormally thanked tnem ^^^ _ i , . -j hesitation S5n----^y ^--^ ^^? ^^;rn":^c;onsmi-^; ally further promise in concluding that neither ^^^^"^^^^Z;,^,, for them an amnesty, can (it ho had made one),ol ^^^^^^^ ^^^l!^. o\m^^^^on absolutely to con- be held to have placed tac ^^J^^ '^^T \ ^ h, ^ had committed, done so disgraceful ^ crime as ^'\ ^ ^;^^;' >|,^. held to have represented 12 Mr. Archi])ald cannot, in ni; opmion, ^ i . |,,jji„. ii« tuture. ihe C;;wn in such a way as to luu . luu^ ^^i;^,;;. tulev = evie w. The action in regard to such };^-^, ^^J^^^^f X i Liinion, however impor- Lieutenant Governors ot tl^^^ 1 ^^^^^^^^^^^ m^ ^he Colonial Admiuistra- tant locally their iunctions '^.^'l^]!^^^^^ to the Governor General live Stall, and are more "."J^'^^^' '^)>,^\^S;"^ .^ the Cro .n, and neither in Council. They do "^t hohl c Mnmiss oiis i-o^^^^ Lieutenant in power nor privilege resemb.e ^^^^j""^^;^ ^^^^^,,^on of their aovernors of Colonies fo '^^''^\.'^^^^'^^,,^U.rov^nh^d^d personal litness. the Queen ^^^^^,'^ ,,ues Her own instrue- ^ISuf' tcfZ nS: to "i^!- ^- this point, because in dealing ^ ^ 39 ^vith io-noraut and half educated people, it is obviously desirable that clue Jeco^fitiou should, as far as possible, bo c?iveu to any ^^f.« «|' I^^^ ^vhich may reasonably bo thoiv-ht to bmd or pledge either the Colonial or '"^bJS "^Z^^^l do, that the services xendeved by these oilendors in 1871 deserve to carrv considerable vvei-hl, and should be liberally taken into consideration xvhon iustice has to be executed ^vith respect to the m^vious oilences; and admitting, indeed, that it is as impossible to perm the extreme sentence of death to be inilicted upon persons who have been e^o^^^ and dealt ^vith as they have, as it is to allow them to gounimn- i.hed I teelthat the (luestiou which 1 hav(> to consider i«. ^^f ^^/I'^^thei they Should be amnestied (lor that is not to !)e heard ol), but ^^'1;^^;^ kind o punishment will be just and reasonable in all the peeuliar and conihctiug circumstances ol' their case. ..■-,, c , ,. „ inr.- +1to 13 One of them has now been found guilty of murder ..y fi.]ur>, tao comnosiiiou of which was such as to secure an impartial consideratiou o cveiT'hino- that could be fairly urged on his behalf. And whilst I entire y c mcur n Uxe justice of the vJrdictin Lepine's case, I cannot entertai.i the o^iion that liel, whose guilt was certainlv not kss, could be sab)ected t anv less punishment than that which may be indicted on Lepine_ ^14 On the whole, after a most anxious consideration ol the whole nuestion I have come to the conclusion that you will act with Doth clem- S 'and ustice if you carry out the view expressed lu the concucUng por ion of vour despatch, that the capital sen ence o. Lepine ^hou d b commuted. ' You do not state what amount of imprisonment you wou.d cHr4der a proper commutation, but I assume, that you contemplate a term s the ent to mark distmcllv the sense which both the Crown and all right- nd idMl men must entertam that his otlence has been such as cannot be lowed o pass without sul)stantial punishment. _ Whenever l^^^l submits iiimre^i! or is brought to Justice, it would seem right that he should sutler a similar punishment to that of Lepine , M.i.-tv's •Jo I have now explained to you the view taken by ilei ^aje. y s aovernment of the diliicuU question wi^th whicli you ^"^ !^^^i^;\j^;;°'^ ^ deal You will r.'inember that my predecessor lutiinaled to von that litr M;^estj^s advisors were of opinion that the murder of Scot -J^^;^- cented from the list of oilences connecLel witti lae ked Uiv. i di.-, urbanci.s o which a; amnesty could bo granted. And I fe^l conlideat that a. m 1^ Commencement Jf vour despatch you encourage mo tohope, aloya •cmiies-ence will be s'-cured among the large mv)onty of t.ie Queen. Cai:::i:;:n ^%cts. m the opinion that amiou.,h a murder ^^^^^^J^^ tScott cannot be allowed to go unpuuished, on the S'^ou lu at it w s c^^^^ nected with political disturbances, yet, iii so ar as t did ^^.u t ho m roUtial circumstances, thos^. who wore guilty ol it may be detuned to ha^e ovK^l a merciful consideration through their subseciueii good se vice o it^Sta e and that for those services their lives should be spared. Aou w 11 ivalilyx ur of Il.n- Majesty's (! overnment, I am conveying the assurance o' i^t^upi^rt IVom JithJut, which you have desired, and on which you 1 ■ , ji. , .^.wr,,,,.^^ (.,•,.,-., .,>i-fni'^i's m which vou are pniceil '""*"[;: V£_.rc^tm:.iu. a mrthorqno.tiou, wh»lhor it should not b. a conditiuu of tmy commutatiou of seutei.co, thrtt those ttctually conccrnod 40 I lllU'O, &C., Goveniov-GeneraJ, (S'SH^'d.) Carnaiivon. The liinht Honorable The Earl of Uullerin, K.V, K.C.B., &c., iScc, cV'c. (< 2 ¥ ti;i.!:<;[;a.ms. The Earl of Caraarvun lo the Ear/ ufDnfferin, Jan. lUh, 1875. Carnarvon, The Earl of DulTenn to tlic Earl of Carnarmn, January mii, 1875. DUFFERKV. '"' j£;L;^ S^"^^'^ ^^''^^'"-^ ^^^^'-' ^-'— ^--/. Canaaa. I rally approve course (aken l>y you in Lepinc a case. Carnarvon. V CANADA. (Copy— No. 17.) MoM'RRAL, 29th Janxiary, 1876, ■t My Lord,— I have th*. honor to enclose, for r^ur Lordship's information a uumlu,i of eitrads and leading articles irom th,. various newspapers in he DominLn! both Frem-h?md English, on the commutation ot the capital ""TuCntt'Sui" hTslSL to v^^^^ Lordship to percent with J^Zr^ v%%:?d7fficr ^^^^^^ e.hihited in ^^T^s^n^li^^^traT^^^^^^ the con.dence i,iK4^.^ hv Ae DOimlation. with whom I have the happiness ot being exhibited by the X)Oi>ula^^^^^^^^ soundness of the decision it has become mT"utf to ar^iv^atl^^^^^^^ >vith thi« grave and momentous °^*"^'' I have. &c., (t^igned,) Duffkbin The Right Honorable The Earl of Carnarvon, Colonial Office 4f CANADA. (No, 20.) My LoRT),- GOVLUNMENT HoUSK, Ottawa., 3rd Febniary, 1876. *■ .'■■ of In coiitinuatiou of my rorTPspoirlcnce in leforence to the Lepiiu", I have the honor to inform your Lordship (hjit I have r numerous petitions praying tor a eommutaticu of his sentence • ^e pt-titioiKs with very lew exceptions, have been drawn up in the several towns and villages of the Provincr oi Quebec, and the signatures show tJiat the petitioners were in almost all cases of French origin The num- ber o, petitions received amount to two hundred and iilty-two (252) bear- ing liity-eight ihousand hve hundred and sixty-eight signatures {58 r>G8) 1 observe that several of the signatures are hi the same hand-writin<^" but I have reason to beli.ve that they have been iu most, if not in all cases, appended by the priest or other person engaged in preparing Iho petition, at the desire oi those whose names they bear. ° I have, ike, The Right Honorable The Eail of Carnarvon, &c., .vc, (Signed,) Duffkrin iScc- H