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Sie:— I beg loavo to enclose my Report on the question subinittod to mo as to the Northern and Wostorn LimitH of'tho Province of Ontario. I have condensed the Report as much as possible ; but aa my statements may uot appear altoajether satisfactory, not being always based on preciso^authority, I have added notes containing proofs and illustrations in support of the conclusions at which I have arrived. Some of these may perhaps go into greater detail than is absolutely required, but in ray investigations of the confused and often contradictory narratives of the early voyages to, and settlements in Hudson's Bjvy, I was obliged to examine all these details, and having done so, it was scarcely more difficult to reduce the whole result of my reoearches to writing than to separate the more from the less essential part«. In the form in which those notes are presented, it is hoped they may interest, even where they do not instruct, those who may hereafter require to make use of the accom- panying work. I have the honor to be, . Sir, Your obedient servant, T. K. RAMSAY. To the Hon'blo. A. Campbklu, P.M.G., P.O., &c., &c., Ac, Ottawa. 2. REPORT. A difficulty havin|^ arisen as to what are the true Northern and Western boundarieH of tne Province of Ontario and the question having heen referred to me for^my opinion, I beg leave to report the result of my investigations. 1 The limits of the Province of Ontario are defined in the Brittah North America Act 1867, as being such part of the Province of Canada, at the passing of the said Act, as Ibrmerly formed the Province of Upper Tanada. We have therefore to enquire what were the limits of Upper Canada prior to the Legislative Union of Upper and Lower Canada in 1840. 2. The position taken by the Government of Canada is, that the Northern and Western boundaries of the Province of Ontario are identical with so much of those laid down in the Quebec Act (14 Geo. IIL Cap. 88) as being the limits of the old Province of Quebec, as would not include the former Province of Lower Canada. That is to say, the Western boundary of Ontario is the meridian passing through the pomt of junction of the Ohio and Mississippi rivers (now ascertuned to be 89 ® 9* 27" 16 West) North of the United States and South of the Hudson's Bay Territories ; and its northern boundary is the southern boundary of the territory granted to "The Merchant Adventurers of England trading to Hudson Bay, west of the Hne of division between the former Provinces of Upper and Lower Canada. It is further contended that the southern boundary of the Hudson s Bay territory, is the height of land dividing the waters which flow into Hudson's Bay from those emptying into the Vafley of the St. Lawrence and the great Lake's. 3. The Government of Ontario claims that the boundary is " very different " from the one set forth by the Government of Canada ; and that the Western boundary is at least to be determined, (North of the United States and South of Hudson's Bay territory,) by a line drawn north from the source of the Mississippi, and that the northern boundary of Ontario is the southern boundaries of the Hudson's Bay territories, west of the line of division between the former Provinces of Upper and Lower Canada. While agreeing with the Government of Canada, in general terms, that the southern boundary of the Hudson's Bay territories is the northern boundary of Ontario, the Government of that Province does not, however, admit that the height of land dividing the waters ialling into Hudson's Bay, from the waters falling into the St. Lawrence and the great Lakes is that boundary. On the contrary they claim that the boundary is to the North of the watershed, according to the contentions of all former Governments, and by the indisputable facts that the Northern boundary lies North of the watershed of the St. Lawrence system. I ■ t The Provincial Government further contends that there are pounds for maintaining the contention of former Governments of Canada, that the western boundary is further west than the line drawn due north from the source oi the Mississippi (1) 4. It is important, before proceeding further, to < 'ear away, as far as possible, the vagueness created by the reference to the pretensions of former Govern- ments of Canada. For this purpose, it is necessary to examine what they contended, in order to know what the Government of Ontario now claims. Except for the purpose of limiting the indefinite description of the pretensions of the Ontario Government, the enquiry as to the contentions of former Governments of Canada, prior to Confederation, will be barren of results. Former contentions cannot Wnd in any way the Dominion Government, and this appears from every consideration, (a) Former Governments were not urging precisely the same question. Incidentally they may have represented a right to a greater extent of territory than that which they possessed ; but the actual question formerly was the resistance of the claims of the Hudson's Bay Company, to the renewal of a Lease held by them of the Indian Terri- tories. (2) The real question now is, as to what was understood to be the Hudson's Bay Company's southern boundary, by the authority which fixed that of Upper Canada, (b) The Dominion Government is not' liable for the opinions of former Governments ; but only for their debts and liabilities. (c) The pretensions of the Government of the Province of Canada were not admitted. On the contrary, the title of the Hudson's Bay Company was maintained : and the Dominion Government actually paid a large sum of money lor the expropriation of the Company, besides leaving them a con- siderable estate. (3) 6. The most extreme pretension of the former Government of a portion of the now Dominion of Canada, so far as 1 can learn, is that put forth by the Commissioner of Crown Lands, in 1S67, in a Report which was not con- sidered conclusive, in spite of its unquestionable ability. It was there inci- dentally contended that to the North, Canada was either bounded by a few isolated posts on the shore of Hudson's Bay, or that it had no particular limit in that direction, that to the West, Canada includes the country about Bed Biver and Lake Winnipeg. ..... 6 The line of argument usually adopted turns on priority of discovery. So lonj as the contest was carried on between two independent nations, the litle derived from conquest or discovery, however unsatisfactory, was the only possible subject of discussion. But when the whole title centres in one supreme power, the question becomes simplified, and the facts to be con- sidered acquire a more conclusive character. It is the neglect to observe this distinction which gives the difficult aspect to the question before us. The attempt has been to submit to legal appreciation, pretensions, which, after years of fruitless diplomacy, were only disposed of by force (note A). Were the question a new one, I should not stop, even for an instant, to enquire who first discovered and took possession of the lands round Hudson's my, or how far the French pushed their discoveries in the West; but from the (I) Corrospondence between the Dominion Government and the Government of the Province o( Ontario. ' . |2) M. Cauch i>u'8 Report, in 1S57. (3) In a Treaty between the Government of the late Province of Cimaiitt ami the Indians, "the heiKht of land" 1« described a.^ that which separates the territory covered by the Oiiirtcr of the llonouralile the Hudson's liiy Company from the tract over which the Government was to acquire the rights of the Indians, ounds for , that the I from the 5 possible, jr Govern- vhat they w claims, retensions of former of results, ment, and I were not (presented d; but the Hudson's iian Terri- [ to be *he hich fixed t)le for the liabilities, were not pany was ;e sum of m a con- ion of the h by the 8 not con- here inci- by a few )articular ry about rery. So , the title the only in one be con- observe )efore us. lich, after Were JS enquire on's Bay, from the >f Und" in iluJsoTi'ii H;iy bent given to the discussion, I cannot wholly ignore the line of argument involving these matters, although the conclusions at which I arrive will not be materially influenced by it. The historical argument of those who seek to give thegreatest extension to the limits of the former Provinces of Upper and Lower Canada seems to be, that these Provinces were co-extensive with La Nouvelle France. They say that the Hudson's Bay charter was, if not wholly bad, at all events liniitod by its terms, which only grant those territories not already actually possessed by the subjects of any other Christian Prince or State; {»ote B) that by iherightof discovery, and as part of La Nouvelle France, all the country up to the Arctic Circle belonged to France, and that in the west, Canada extended to the furthermost post everheldby the French, which would include Red Kiver* It will at once strike those who examine this pretension, that it is one thing to say that Canada extended to the Arctic. Ocean, and quite another to say that the territories around Hudson's Bay were first discovered by the French, independently of any connection with l.a Nouvelle France or Canada. Ol'course if the discovery of La Nouvelle France gave the King of France a ri^ht to the whole continent north of the St, Lawrence, it is idle to waste time discussing the question of particular discoveries on the side of Hudson's Bay. Bui this pretention is utterly untenable and an after thought. The Commission to De Lauzon as Governor, 20th March, 1651, gives him authority — " dans toute V6tendue du dit fituve St. Laurent en la Nouvelle France, Isles et Terns adjacentes de part et d^autre du dit Jleute et autres Bivih'es qui se dechargent en icelui jusqu' a Son Embou hure a prendre dix lieves prh de Miscon du c6t4 du sua et du cote du Nord autant que s'4tendent les terres du dit pays — De la mime sorte et toute ainsi que I'avoit, tenoit et exer^nit le Sr. d'Aillehout." A similar commission was also given to de Mezy in 1663. It is therefore plain that at that time the King of France did not think that La Nouvelle France extended beyond the water-shed of the St .Lawrence, {note C) Itwould not be difficult to make numerous extracts from ancient grants in unsettled countries to show that the ^ant of lands adjacent to a river was understood to be those drained by such River. A few instances will suffice. In a letter in the Paris M.S. Vol. 8, p 990, limiting the extent of the Post of I'emiskamingup, we find " Cen'est point V intention de Sa Majesty d'affenner sous le nom de '/htiis- kamingue plus de deux cent lieues des pays qui jaisoient ci-devant la majeure partie du commerce de Montreal, puisque cela lend a la mine de cette ville. Son intention etait d'affermer le seal po»te de Temiscamingue dans ces limites qui naturellement dcivent consister dans les terres arros^es de la riviere de ce nom et des autres qui $e dechargent dans la dite riviere; sans que I'on puisse y comprendre les terres qui sont au dfssus ni au dessous de la dite riviere." The grant to the Hudson's Bay Company was of the lands and territories on the confines of certain Bavs, Lakes, Rivers, Creeks and Soui)ds. So completely was it understood that the watershed is the limit of a srrant described by rivers, lakes, or bays, that even the use of the word " high- lands " in such a grant or in a treaty will be controlled so as to mean such an elevation as divides the flow of the waters, in the decision of the Kins? * Ugr. . xixy. ii 1<^ In 1635 Luke Fox published " The North West," with a map ; and in 1633 James had already published his adventures with a map. James' work was re-published in 1740. 14. "We have, therefore two English voyages of discovery (those of Hudson and Button) well authenticated, more than forty jrears before the voyage of Bourdon, of which there is no authentic mention till 1686, and then the account is evidently incorrect and written with a purpose. Fox and James' voyages to Hudson's Bay were both in 1661, the year of the pretended journey of Dablon, and two years previous to the" totally authenticated journies of Couture and Duquet. Again the English Company was estab- lished and had built forts in 1670, whereas the Canadian Company did not begin its operations till 1682, and was not chartered till 1685. Whether then we consider priority of discovery, or discovery backed by actual acts of Eossession, the English claim to the country round Hudson's Bay seems to e superior to that of the French, (note M) 15. But it is still more worthy of note that the activity displayed by the French in the direction of Hudson's Bay dates from the time they heard that ships had been seen in the neighbourhood of the Bay. {note N) They learned this from some Algonquins, ( 1 ) and they immediately became alarmed. The next year, 1671, Father JLlbanel was despatched wiln St. Simon to take possession of the country anew. (2) It was only, however, in 1685 that the Canadian Company do la Baie d\\ Nord was formed, (3) and the following year the Governor of Canada sent de Troyes and d'lberville to attack the English posts in Hudson's Bay. (4^ These attempts to recover lost time were such flagrant violations of International law, that the Governor was obliged to disavow the object he really had in view, and to pretext the desire to capture Radisson. (5) The excuse was a bad one, even if it had been true, and it would have been more to the purpose if he had said that the Treaty of Neutrality was not signed till the 16th November, 1686, and that his commission to de Troyes was dated the r2th February, 1686. 16. The effect of the Treaty of Neutrality {note 0) was not, however, much felt in these out-of-the-way places, and the war between the English and French companies progressed while the Commissaries hunted up titles and exchanged statements of pretensions. Reciprocal complaints having been made, the French and English Commissaries met in London, but not being able to agree as to the facts, they adjourned until the first of January, 1689. (6) In the meantime the revolution took place, and William, profiting by the invasion of the Caribee Islands of the State of New York, and of the territories of Hudson's Bay, declared war on the 8th May, 1 689. On the 7th June, the King of France, presuming that owing to " the present trouble- some conjuncture," in England, the Endish would not have adopted " great precautions in those parts" (Hudson's Bay), desired de Frontenac to afford thd ex] (1) Talon to Colbert 10 Nov. 1(170, Doc. Hist. 9, p. 07. (2) Taluii t« the King 2nd Nov. 1071, lb., I>. 71. is) Denonville un the state of Canada, 12th Nov. 1086, lb., p. 280. (4) In»tr\ieUons bv ile Denonville, 12 Feb lOsO, Paris, Doc. V, p. 170, 2 Serie, (6) Denonville to Minister, 10 Not. 1080, lb., p. 259. (ti) Invtruttions to il« Front«uac, 7 June, 1089, Doc Hiat. 9, p. 422. and in 1633 38' work was Hudson and e voyage of nd then the c and James' e pretended uthenticated Y was estab- >anydid not >. Whether ictual acts of •ay seems to ' the French d that ships learned this L The next :e possession, le Canadian ing year the the Enghsh ; were such s obliged to re to capture md it would f Neutrality umission to much felt and French titles and laving been it not being luary, 1689. )rofiting by , and of the On the 7th mt trouble- Jted " great ac to afford the Canadian Company the protection it might need " as well for the expulsion of the English from the posts they occupy at Hudson's Bay as for the continuation of trade." ( 1 ) On the 25th June the French declared war. (2) 17. Hostilities which had been carried on at Hudson's Bay in spite of the Treaty of Neutrality, sanctioned by the Declaration of "War, continued with all the force the rival Companies could command. The dashing courage of d'Iberville turned the scale in favour of the French, and the English Company loudlv complained of their losses, (note P) In Europe William's appeal to arms had not produced all the results he desired, and the treaty of Ryswick, (3) by which his title to the English throne was acknowledged, was concluded with a total disregard of the rights and interests of "The Merchants Adventurers of England trading into Hudson's Bay." Most dolefully did they complain that in the general rejoicings at the peace, they alone were left to grieve. (4) Nevertheless, it would seem that their sufferings were not altogether insupportable, for the Commissaries named never reported, {note Q) and things went on at Hudson's Bay pretty much as they had doiie before, until the Treaty of Utrecht (5) transferred to the English the " Bay and Straits of Hudson, together with all lands, seas, sea-coasts, rivers and places situate in the said Bay and Straits, and which belong thereunto, no tracts of land or of sea being excepted which are at present possessed by the subjects of France." But it is agreed on both sides to determijie within a year by Commissaries to be forthwith named by each party 'the limits whicn are to be fixed between the said Bay of Hudson and the places appertaining to the French. And " the above mentioned most Christian King" undertook that satisfaction should be given according to the rule of justice and equity, to the English Company trading to the Bay of Hudson, for all damage and spoil done to their colonies, ships, persons, and goods, by the hostile incursions and depredations of the French in time of peace, an estimate being made thereof by Commissaries to be named at the requisition of each party. 18. The stipulation to surrender the posts near Hudson's Bay, in the possession of the French at the time of the Treaty, was at once carried out, the forts being delivered up under orders from the King of France in 17 14. (7) 1 9. Commissaries were appointed to define the limits, but they never arrived at any decision ; (note K) but both countries seem to have acquiesced in the idea that the watershed or the height of land dividing the waters which flow north from those which flow south, v/as the real boundary between Canada and the Hudson's Bay territory. ' (1) Oanieau2, p. 61. (2) Oarneau 2. p. 137, says the English lost all their forts by the Ciipture of Fort Nelson, l(ii)7 ; but this is an error. See note O. (») 10-20 Sept. IflfiT. (4) Memorial of Company, exposing state of (hair affairs, 10th .lanuury, 170.J the Qiicbce Act, the Company is thus styled (.')) Article 10. (0) Article 11. (7) .loroniie (Noel Jeremie Lamonlagno, soo I'Abb vol. 5. Amsterdam, 1732. Pownall papers : M. S. in Pari Lib. In Tlie Merchants Ail\enturers of England, trading into Hudson's Bay." Ferland, 2de partle, p. 279 note) Rccuoil de Voyages du Nord- 12 20. This conclusion, with only slight variation, is supported by numerous maps, both French and English, by Douglas, who gives the whole line from the Atlantic Coast, by Bellin (1) who gives the limits of Canada, and by Mr. Bouchette, Sur- veyor-General of Canada. In the map published by the Government of Quebec in 1870, the same line of highlands is unhesitatingly adopted. As it has been already shown, the principle that the watershed was the natural limit of aii un- explored country was generally acquiesced in. The rivers were the only high- ways, and the utmost limit of a possession could hardly be interpreted to extend further than those claiming it could go. 25. 21. Nor is there anything to contradict this view to be found in the voluminous cor- respondence between the authorities in Canada and the Government of France, from the time of the Treaty of Utrecht (note S.) till the Treaty of Paris, by which Enorland acquired Canada, put an end to the possibility of a question arising between the two countries as to tlie boundaries of the Hudson's Bay territories. 26. 22. But whether the conclusion at which we have arrived be legally correct or not, in so far as regards the right of the Hudson's Bay Company to the territory claimed by them, it is clear it was so understood by the Government in England ; and, being so understood, a description in a document by competent authority, giving the Hudson's Bay territory as the northern limit of Canada, would limit Canada to the line understood to be the southern boundary of the Hudson's Bay territory. In other words, if the Hudson's Bay claim had been proved to be wholly unfounded, this would not of itself have extended the limits of Canada. 27. 23. By laying down the height of land or watershed as the general rule by which the territory of Canada was to be distinguished from that of Hudson's Bay, results more important than any contemplated at that time were attained. The actual flow of the river was not then known, and it could not readily be imagined that the height of land which forms the watershed of the system of the St. Lawrence and the great Lakes, should hem in as closely as it does the waters of Lake Supe- rior. This fact, now perfectly established, reduces to very moderate proportions any claim the Province of Ontario could put forward, based on the idea that the western limits of La Nouvelle France, were also those of the late Province of Canada. The Treaty of 1783, which fixes the line of division between the Brit- ish possessions and the United States, cuts this height of land, and with it defines the whole boundaries of the Province — north, west and south, even if the extreme pretention to which allusion has just been made were adopted. a1. 28. 29. 24. But looking at the question from a strictly legal ,point of view, this pretension cannot be maintained. The terms of the Treaty of Paris, conveying certain territory to the Crown of England, could not possibly convey to the people of Canada, much less to any portion of them, any absolute territorial right to any particular extent of territory further than what they actually occupied, or what was afterwards conferred by competent authority, (note T.) They might seek to have certain limits granted them as a matter of sentiment or convenience, (2) (1) Already quoted, p. 8. (2) They did by their petition of 1773. Doutre et Larenu Dr. Civil Cauad. I, p. 674. 18 merouB maps, m the Atlantic ouchette, Sur- jnt of Quebec As it has been mit of an un- the only high- ited to extend luminous cor> snt of France, of Paris, by >f a question ludson's Bay •ect or not, in itory claimed ngland; and, lority, giving limit Canada Bay territory, y unfounded. by which the I Bay, results The actual magined that 3t. Lawrence f Lake Supe- e proportions idea that the Province of een the Brit- ith it defines i" the extreme is pretension ying certain >le of Canada, y particular r what was might seek enience, (2) but no one has ever pretended that the English Government was obliged to maintain under one government the whole territory ceded to the Crown of England as Canada ; and, in efTect, no such unity has ever been attempted. The whole territory ceded by Yandreuil as Canaaa, and claimed by England as such, has never for a moment been all included in any Government of Canada, {note U.) 26. It is unquestionable law that afler the cession of Canada, and until a regular Government was conferred by Statute, the Province remained a Crown Colony, aud was subject to be governed under the special ordinances and instructions of the Kmg. Hence it is we must turn to the Proclamation of 1763 to ascertain what was thenceforward to be considered as the Province of Quebec or Canada. 26. That Proclamation sets forth that the King, with the advice of his Privy Council, had granted letters patent, creating four distinct and separate gov- ernments within the countries and islands ceded and confirmed to the Crown of England by the Treaty of Paris (1763.) 27. The first of these goverhments, that of Quebec, was declared to be bounded on the Labrador coast by the River St. John, and from thence by a line drawn from the head of that river through the Lake St. John to the south end of the Lake Nipissing, from whence the said line, crossing the River St. Lawrence and the Lake Champlain in 4.5 degrees of north lattitnde, passes along the highlands which divide the rivers that empty themselves into the said River St. Lawrence from those which fall into the sea, and also along the north coasts of the Bale des Chaleurs, and the coast of the Gulf of St. Lawrence to Cape Rosier, and from thence, crossing the mouth of the River St. Lawrence by the west end of the Island of Anticosti, terminates at the aforesaid River St. John, (note V.) a2. 28. Several maps, published subsequent to the Treaty, give the limits thus described to Canada, (note W.) (1.) 29. The boundary to the southwest remained unchanged till 1 774, (2). It included all the settlements of any importance at that time, {note X) Burke (3) says " This boundary, fixed for the Government, was so because it was the boun- dary of the possession, and that the people of Canada acquiesced in it." (4) But on this point, perhaps, Burke was not a totally impartial witness, and he probably expressed the extreme pretensions of the Government he represented. At any rate the people of Canada did not approve of the limitation, and by their petition in 1773, they prayed that as under the French Government, their boundaries might be extended to the Mississippi. (5) {note Y.) ■ (1) Jeffrey's Map, 10th June, 1776. Also map In translation of Charlevoix. (2) Burl(c, in Cavendish Debates, p. 189. (3) Ibid. (4) Ibid. (r>) Djutre V Lareau Droit Civil, Canad, I, p. 074. Dunn's Map, 1770, and sec notes R and V. ■)\i 14 88. ( i 30. It seems, however, of very little importance in a legal point of view, whether the old Government of Canada as a French Province, really extended to the Mississippi, or whether the people of Canada acquiesced in the limits given by the Knig in his letters patent constituting the Government of Quebec or not; nor indeed does it signify, for the discussion at present, how far consti- tutionally the King had a right to carve Provinces and Governments out of the possessioris of the Crown, for we are now arrived at the time when the limits of Canada were determined by Act of Parliament. 31. The 14 Geo. Ill, C. 83, (1774,) called the Quebec Act, after setting up the eastern boundaries, continues, and " thence along by the eastern and south- eastern bank of Lake Erie, following the said bank until the same shall be intersected by the northern boundary granted by the Charter of the Province of Pennsylvania, in case the same shall be so intersected ; and from thence along the said northern and western boundaries of the said Province until the said western boundary strike the Ohio; but in case the said bank of the Lake shall not be found to be so intersected, then following the said bank until it shall arrive at that point of the said bank which shall be nearest to the northwestern angle of the said Province of Pennsylvania, and thence by a right line to the said northwestern angle of the said Province, and thence along the western boundary of the said Province (Pennsylvania) until it strike the Ohio ; and along the bank of the said river westward to the banks of the Mississippi, and northward to the southern boundary of the territory granted to " The Merchants Adventurers of England trading to Hudson's Bay." Section 2 of this Act contains the only limitation to this description : " Provided always, that nothing herein contained relative to the boundary of the Province of Quebec shall in anywise affect the bound- aries of any other Colony." 32. The boundaries laid down by the Act were deliberately adopted after much discussion (1) All the parties were either represented directly in the house or were h >ard by petition ; and very notably the petition of the Canadians of the previous year had received due attention. The only difficulty which remained was foreseen. The unsurveyed boundary of the Province of Pennsylvania might, or it might not strike the bank of Lake Erie, and both cases were provided for ; but about the line of the Ohio there could be no doubt. From the point at which it cut the western line of the Province of Pennsylvania, it constituted the boundary of Canada until its confluence with the Mississippi. From that point the line was clearly defined; it was a due north line, for that is the only interpretation which can be given to the words " northward to the southern boundary of the territory granted to • Merchants Adventurers of England trading to Hudson's Bay.' " (note Z.) This opinion, which indeed recommends itself naturally, is supported by the decision of Chief Justice Sewell in the trial ol de Keinhard at Quebec ift 1818 (2), which judicially interprets tho Act of 1774 in this sense. Nor can there be any doubt that the efl'ect of these words in the Statute was matter of law for the Court to decide. (3). 84. [ 36. (1) Cavuiiilisli DclMtea. (2) Ueport i>f trial, p. tiW. i,.i) Attiirii^.v (KiLui'iil lit I'piinr CiiiaiJa rviuaiks, uu (uioioed in hy Ihu Court uii the I'rial of Uraiit (or the murder of Uuvuniur Temple, p. Ui)". • 1.^ 88. Curious to say in the new Commission to Sir Guy Carleton, rendered necessary by tne Act of 1774, a somewhat different boundary is de8cril)ed. After following the description of the Statute till the confluence of the Ohio and MissiBsippi, the Commission goes on : " and northward along the eastern bank of the said river to the southern boundary of the territory granted to ' The Merchants Adventurers of England trading to Hudson's Bay.' " The words in italics are an evident and very material addition to the Statute; and thev either fell in with, or created the general impression that Canada, before the treaty with the United States ( l783), extended to the Mississippi. This desrription also appears in a Commission of two years later date to Sir Frederick Haldimand, and very probably in other Commissions between 1774 and 1788; but no words in letters patent could alter the express dis- positions of an Act of Parliament. The only manner in which the effect of the Act of 1774 could be destroyed would be by another Act of Parliament. "Was there any such ? 84. The Act of 1791 does not deal with the question of the western boundaries of the ProWnce of Quebec. The subject of the precise boundaries of Upper Canada was then of some difficulty, lor the Treaty of 1783 had not made clear the line which was to divide the British possessions .from the United States. In this dilemma it was thought advisable to describe " the Upper district by some general words." (1) But whether, owing to the difficulties occasioned by the Treaty of 1783 or not, all description was omitted in the Act, and the Kinnr, by his message of the 25th February, 1791, announced his intention ot dividing " the Province of Quebec into two Provinces to be called the Province of Upper Canada and the Province of Lower Canada," whenever His Majesty shall .be enabled by Act of Parliament to establish the necessary regulations for the Government of said Provinces. The Act being passed, the King:, by proclamation, declared what should be the division fine; but he abstained most carefully from entering into any other description of the two Provinces, and as Lord Grenville had suggested, used. "some general words." Having established " the boundary line of Hudson's Bay" as the northern limit, the Upper Province is said to include "all the territory to the westward and southward of the said line to the utmost extent of the country commonly called or known by the name of Canada." 36. It is maintained that what is called or known by the name of "Canada" must be taken to mean what was then known by law (i. e., by the Act of 1774) as Canada, less the reductions under the Treaty of 1783, which are provided for by Section 2 (2) of the Act of 1774. But even if the words had another and more extended sense, it is further maintained that in so far they would be in-operative. The King's authority to make any proclamation at all to divide the Province depended on the implied consent of Parliament by the Act of 1 791. He could only divide the Province of Quebec — he could not extend it by proclamation, {note A A.) 36. This view is supported by Chief Justice Sewell in the case of de lleiuhard, already cited. He said : " The intention of the Proclamation and Act of 1 791 was to divide the Province, not to add to it. " {note BB.) the murdor of (1) Letter from Lord Qrenvilte to Lord Dorcheiter, 20th October, 1789. Christy's History ot Canada, Vol. 6, p. 16. (i) bupra p. 14. I' 37. The Act* reuniting the PDvinces of Upper and Lower Canada simply declared "that it shall be lawful for Her Majesty with the advice of Her Privy Council, to declare or to authorize the Governor General of the said two Provinces of Upper and Lower Canada to declare, by Proclamation, that the said Provinces, upon, from and after a certain day, in such Proclamation to be appointed, which day shall be within fifteen calendar months next after the passing of this Act, shall form and be one Province, under the name of " the Province of Canada." 38. The British North America Act, 1867, is equally unambitious. The Province of Canada was divided by it, and the part which formerly constituted the Province of Upper Canada was declared to constitute the Province of Ontario. 39. Canada, then, as it stood after the Act of 1774, was divided into two Provincei; the two were again re-united : but the limits of the whole were not changed in so far as regards the northwestern boundaries, until the Act constituting the New Dominion became law. 40. Th3 limits of Ontario are, therefore, to the east, the Province of Quebec; to the north, the southern boundary of the Hudson's Bay territory (shown to be the height of iai^d dividing the waters which fall into Hudson's Bay from those which fall into the St. Lawrence and the great Lakes); to the south, the northern boun- dary of the United States and longitude 89° 9' 27" 16 west of Greenwich to the west. < T. K.R. Montreal, March, 1873. «■'■• i.T ' 3 and 4 Vlo. c. 36 (Imp. Avt) 1840. \ iply declared y Council, to ces of Upper vinces, upon, j, which day lis Act, shall tada." Province of e Province of '0 Province!; ;hanffed in so ng the New lebec; to the ivn to be the those which rthein boun- nwich to the T. K. R. •■<'^' MiMO. In the Report submitted the strictly le^al view has alone been considered, beoaose it alone seemea to be within the scope of my instructions ; but fVom the course of my investigations I could not fail to see that beyond this there is another consideration not less important, and that is the oauitablo side of the question. In creating the Province of Ontario it is not possible to conceive that the Imperial Legislature intended to convey to that Province and to the Province of Quebec less territory than the late Province of Canada actually enjoyed. Now it is incontestable that up to 186*7 the Government of Canada de facto extended to the height of land which forms the watershed of the water system of the St. Lawrence and the great Lakes. This is made apparent by the registers of the Executive Council, by which we find that a Commissioner was appointed to obtain the surrender of the claims of the Indians to the lands in the vicinity of Lakes Superior and Huron, or of snch of them as may bo required for mining purposes. The Commissioner executed a treaty by which he obtained a portion of the very territory that would be cut ofl' from the Province of Oiitario if the dispositions of the Act of 1774 were literally observed. " From Batche- wanoning Bay to Pigeon River at the Western extremity of the said Lake (Superior), and inland through that extent to the height of land which separates the territory covered by the Charter of the Honorable the Hudson's Bay Company from the said tract and also the Islands in the said Lake within the boundaries of the British possessions therein." There are doubtless other acts of authority bevond the meridian indicated in the foregoing report. In the De Reinhard trial, Mr. Coltman, a Magistrate for the District of Quebec, and a Commissioner in the Indian ten'itory, in his evidence said : "Best notoire que hs writs des Magistrats du District ouest du Haut Canada sont imarUs pour etre exicutis d Fort William." It would therefore seem that in fairness to the Province of Ontario the old line of the height of land should be adopted as Uie western as well as the northern boundary of the Province of Ontario. T. K. R. Montreal, March, 1873 * NOTES. Note A. — " Thtiy (France and England) prepared to cut the gordian knot of thiB long and intricate negotiation with the swora." T" The history of the present war," by fiurkc, in the first number of the Annual Register. Republished separately in 1774.) Note B. — It is quite unnecessary now to discuss the validity of the Charter. It should, however, be remarked that the words " limiting the grant to such terri- tories as are not already actually possessed by the subjects of any other Christian Prince of State," ceased to have any legal value after the Treaty of Utrecht. As between the King of England and the H. B. Company there could be no contest as to the rights of the French. I do not know whether the value of the particular words " actually possessed " ha3 ever been commented. They exclude the idea of a claim of title by simple discovery or by any naked formality, and there can be no question that in 1670 the French had no actual possution of any part of the lands round Hudson's Bay. Note C. — The report of the Commissioners of Crown Lands in 1857 is incorrect in saying that the Commission to Roberval " included Hudson's Bay, though not then, of^ course, known by that name." The writer would have extended geo- graphical knowledge had he told us by what name it was, and by whom knovon m 1540. Is it possible the official writer mistook " The Great Ba^," which is mentioned by Jeffrey (from whom he quotes), as the name by which Hudson's Bay was known in 1540 ? Then, and long after, " La grande bale" was the name given to the Gulf of St. Lawrence, from " le cap de St. Louis h F entree de la bate des Chaleurs." {Denis' Description de tAmerique Septentrionale, 1672, Tom. I, p. 164, chap. 7. In the same report it is said that in " 1627 the Quebec Fur Company was formed under the auspices of Cardinal Richelieu, and an exclusive Charter granted to them for the whole of New France, or Canada, described as extending to the Aictic Circle!" This is incorrect. At the time it is not unlikely that the French Government knew little or nothing of the two early English voyages of discovery to Hudson's Bay, and they could not have known anything of these parts from their own voyages, for no French expedition had ever then been there. But the arrSt of 1627 does not mention Hudson's Bay. It gives the Company the whole country from Florida " en rangeant les C6t48 de FAmerique jusqu au Cercle Ardiqxte." (Ed. and Ords., Tom. I, p. 7. Quebec, 1854. Note D. — In the oft-ropoated description by L'Escaibot it is said that la 20 Nouvelle France is bounded to the north by " cette terre qui est dite inconnue vers la mer glac^e jtuqu au pole arciiqxie!' Thus he does not pretend that la Nouvelle France stretches to the Frozen Ocean (L'Escarbot, vol. 1, p. 31 ed. 1611), as Mr. Cauchon's Report seems to imply, but only to the unknown lands, which, in thoir turn, extend to the frozen ocean. Having quoted the passage of L'Escarbot referred to, Gaineau adds: " Mais ces Hmites etaient plus imaginairea que relies, puisque fon ne connaamit pas alors metne la valine entire du St. Laurent.'^ Note E. — •' 11 est certain que ce fut Henry Hudson, anglais qui en 1611 donna son nom ei a la Baie et au Detroit par oii il entra. (Charlevoix 1, p. 476.) Note F. — Mr. Justice Monk, in the case of Connolly «. Woolrich, p. ,14, says r " From the voyage of Sir Thomas Button in 1611 till the year 1667, it (Hudson's Bay) appears to have been wholly neglected by the English Government and Nation."' There is, however, no doubt about the voyages of Fox and Ja^nes. w i Note Q-. — Mddard Chouard des Grozeliers (" the name is spelled in a variety of ways;" L'Abb^ Tanguay writes " Medard Chouart des Grozelliers"), Pierre Esprit Hayet-Radisson, and Pierre Le Moyne d'lberville. These three names are intimately connected with the history of the early settlement of Hudson's Bay. Des Grozeliers came from Touraine when very young and became a voyageur of some repute. (Perland, 2nde Pie p. SO. Jeremie Rel. de la Baie d'Hudson, p. 14. Mbre de Vlncar- nation Lettre d'AoUt, 1670.) fie reported that, being to the north of Lake Superior, he met some Indians who led him to James' Bay. Subsequently he endeavoured to induce the principal merchants in Quebec to fit out an expedition to visit the North Sea ; but failing in this,* he went to Boston, and from thence to Paris,! and finally to London, in search of persons sufficiently adventurous to carry out his scheme. In London his representations were favorably listened to, and a New England captain, Zacariah Gillam, was sent off with des Grozeliers in 1667 or 1668. J They built a fort which they called Charles or Rupert, at the mouth of the Nemisco River. On their return, the Hudson's Bay Company was formed and obtained a Charter, dated 2nd, May, 1670.§ Nowhere is any date given to des Grozeliers alleged first jour- ney overland to James' Bay; indeed it was only formally put forward in 1686 ^French Memoir, 8th November, 1686, Doc. Hist. 9) to sustain the French claim to be 'Jeremie says that he did induee the Merchants in Quebec to fit out a bark with which he went to the Bay and dis- covered Nelson River; but the whole of hig Darrative up to the expeditiun of 1604, in which he wati eni^aged, is totally worthlsiw. Ue is, however, followed by Murray, who adopts the account of a sea voyage by des Grozeliers from Canada, and gives other details ; for all of woiuh ht disdains to quote any authority. 2 p. 132. tDe 'a Potherie omits the going to Paris. tOldmixon says 1667 ; so does M. de Calliires in a letter to M. de SeiRnelay •26lh February, 1085, The. Hist. 9, p. 797 ; Fer" land says l(Juntry and ourdon ran c possession ster of the Unfortu- could not liorization* 3t a recital 1656. He rust of the re not left ' Relations ■ la barque du Nord, remonter, uvages du n coup de Note K. — The dealings with the Indians from Hudson's Bay cannot be relied on as a title. Besides, we have the repeated assurance that trade with Hudson's Bay could only be carried on by sea. (Denonville on State of Canada, 12th Nov., 1685, Doc. Hist. 9 ; Letter from Denonville au Ministre, 10th Nov., 1686 ; Pai-is, Doc. MS. V ; same to de Seignelay, 25th August, 1687, Doc. Hist. 9 ; Memorial de la Cie. du Nord, 1698.) This conclusion had not been arrived at without an effort to keep up communication by' land. M. de la Barre, on the 9th November, 1683, writes : "The people who have been at Hudson's Bay have returned after hiving encountered extreme dangers." * * * " It is expected that communication can be had with it overland, as will be seen by the map he sends." Note L. — Dobbes says that Hudson's and Button's Journals are not to be found. Murray says : " It is remarkable that no original of this voyage (Button's) has been published, and that it is not even mentioned by Purchas, who made it his business to collect accounts of all voyages made at this era," (Vol. 2, p. 56.) In Rose's Biographi- cal and Geographical Dictionary, it is said that there is an extract of Button's Journal in Purchas. Both the Biographical Dictionary and Mr. Murray are in error. There is no extract of the Journal in Purchas. On the contrary, Purchas says he had not seen the Journal, but he had seen the ehart, which was also seen by Champlain, p. 926, ed, 1617. , Murray, probably, bad only looked at the first edition of Purchas, which was printetl in 1613, so that it was hardly possible for it to contain any mention of Button's voyage, which only terminated that year. Although not in Purchas, a fragment of Button's Journal was communicated to Fox by Sir Thomas Roe. (Hakluyt Society Papers. See also Appendix.) Even in the absence of any mention of Button's Journal in Purchas, there is no doubt of the voyage having taken place. It is not questioned by foreign writers. As an example, see Anecdotes Americanes, Paris, 1776, by Hornot. 28 It is hardlv necessary to answer the doubt thrown out by the French Memoir and by Dobbes on Hucfson's voyage. If we have not Hudson's Journal, which, under the cir- cumstances, is not very remaricabie, we have, at all events, the account of Pricket, who, in his own justification, wrote an account of the mutiny ; and, in doing so, he m ations Hudson's discoveries. (Harris' complete collection of Voyages and Travels, 2, p. 244.) Note M. — There is a groat uncertainty as to what sort of discovery or occupation gives a title. In the report of the Commissioner of Crown Lands in 1857, it is maintained, citing the Oregon dispute as an authority, that a disciivery " not made known to the world either by the discoverer himself or by his Government, has no value." This would destroy one of the Commissioner's own pretensions. M. de Denonville, in a memoir on the French limits in North America, in 1688, makes the right depend on discovery, and " planting the arms of the King or Prince." But the French officials urged claims, owing to voyages where no such formality was or could be complied with. Note N. — In 16tl, the French authorities in Canada could not venture to fix a date for the first taking possession of Hudson's Bay. In Talon's Memoir to the King, 2nd November, 1671, he says: "those countries were andennement discovered by the French;" (Doc. Hist. vol. 9). It seems to bo only in February, 1685, that the Fi'ench detailed their pretensions. The 15th May, 1678, the French Minister, writing to M. du Chesneau, takes exception to what du Chesneau had written about giving passes to private persons, and remarks : " It is of advantage to the King's service to go towards that Bay, in order to be able to contest the title thereto of the English, who pretend," etc. On the 15th August, 1683, the King, writing to M. de la Barre, recommends him " to prevent as much as possible the English establishing themselvns in Hudson's Bay, possession whereof has been iaken in my name several ycirs ngn." (Doc. Hist, 9.) In the Relations des Jesuites, the narrative of the voyage of P. I)d.blon is called " Journal du premier voyage fait vers la mer du Nord." This was in 1661. In the relation of 1667, they say they know nothing of the country, but the reports of the Indians. (1667, 23.) On the 18th March, 1688, M. de Denonville is instructed to make the strictest search possible for titles. In a letter of August, 1670, la Mere de 1' Incarnation, who knew des Grozoliers well, because he was from Touraine, from which Province she came, mentions the expedition of des Grozeliors in the English ship, and speaks of him on that account, as being the disco veijer of the Bay. Note O. — Commissaries were named under the Treaty of Neutrality, on the part of England. They were the Earl of Sunderland, Lord President of 'l"^ Council and Principal Secretary of State; the Earl of Middleton, Prl-fipui Secretary of State ; and Lord Godolphin, one of the Lords C/ommissioners of the Treasury. On the part of Franco, the Pr. Barilloii, Ambassador, and the Pr. Bonrepaux, Envoy Extr.ioniinary. They had their rtrst conference 18th May, 1687. (DoQ. Hist. 3, p. 506.) In 1687, complaints were made of the injuries done by the French. (Collection of Treaties, 1648 to 1710.) It would seem the Commis- saries arrived at no conclusion, and i» 1687 the English Commissaries report that the Company have full right to the Bay and Straits of llmlson, and to the trade thereof. (1 vol, Trade and Plantations, MS. p. 89; Pownall Papers in Lib. of Pari.) 87 noir and by ler the cir- 'Jcket, who, e m itions 2, p. 244.) Note P. — They lost all their fort« save NelHon in 1686 ; and Gomoau Bays they lost their last Fort in 169'7. (Garneaa, vol. 1, p. 137) But this is an error. (See note G.) On the 20th, 1701, the Governor and Company of Hudson's Bay petitioned the Lords CommissionerH of Trade and Plantations on the subject of their losses in the Bay. In this petition they say they have lost all their settlentents but one out of seven, namely, " Albany, vulgarly called Chechouan." occupation led. citing the world his would in 1688, Prince." ty was or ^ote Q. — The Treaty of Ryswick was not altogether so disastrous to the Hudson's Bay Company as it is represented. In order fully to understand its operations, its terms must be brought into relation with the position of the contending parties there. Article VII. stipulated that within six months, or sooner if it could be done, the King of France should restore to the King of England all countries, islands, forts and colonies wheresoever situated, which the English possessed before the declaration of the war (1689), and that, on the other hand, the King of England should do likewise for the French possessions. X a dato >ng, 2nd by the 3 French to M. du private irds that nd," etc. bim "to n's Bay, 9.) fn' Journal ation of . (1667, strictest >n, who nee she 1 of him By Article VIII. it was stipulated that CoinjaiilHsioners should be appointed to examine and determine the rights and pretensions which either of the said Kings had to the places situated in Hudson's Bay. But the places taken by the French during the peace preceding the present war, and retaken by the English during the war, should be left to the French. The capitulation of the 5th September, 1696, was to be carried out, the Governor then taken released, and the merchandize to be valued by commissioners, who were also to decide what lands belonged to the French and what to the English. From these two articles we deduce, first, the general principle that there should be a mutual restoration of conquests made during the war ; second, that the affairs of Hudson's Bay gave rise to a question, to be settled by a joint commission, which might make it an exception to the general principle in so far as regards English conquests during the war ; third, that until the Commissioners should decide as to the merits of this question, English conquests during the war should follow the general principle ; fourth, that the capitulation of the 5th September, 1696 (during the war) should be carried out. >n the :>{ ll'/> '"■fi?>ui of the le Pr. May, done m mis- It the eroof. Commissaries were appointed, but it does not appear that they settled anything. Their dilatoriness caused some comment. (Letter of Frontenac to Bellomont, 2l8t September, 1698; Lords of Trade to Bellomont, 5th January, 1698-9, the King to Frontenac 25th March, 1699 ; Letter from de Callieres to Governor Nanfan 6th August, 1699.) While the Commissaries negotiated, events in Europe were preparing the way for a new war. By his will, Charles II., who died Ist November, 1870, nequeathed the Crown of Spain to the grandson of Louis XIV. On the 24th November the King of France accepted the succession for his nephew. This led, early in 1701, to the negotiations for the Grande Alliance, which was signed 7th September, 1701. On the 16th September James II. died, and Louis XIV. recognized his son as King of Great Britain, in violation of the Treaty of Eyswick. This caused the Emperor to add another article, to the effect, that he would not treat of peace with France until she had offered England reparation for this affront. Finance having refused to do this, war was declared by the States General 8th May, \y\ Great Britain 14th May, and by the Emperor 15th May, 1702. Garden Hist, des Traites de paix, Tom. 2, ch. x. \ 28 NoU R. — Both the treaties fiigiiod at Utrecht — the Treaty of Commorco and the Treaty of Peace — required the appointment of coinmiNsarios to regulate certain questions that could not be determined summarily. The treaties were signed on th.'^ 13th April, 1713, and no great time was lost in appointing commissaries. Those repios- onting the King of France were M. M. Anison and Penelon, Dcputez au Consoil de Commerce, whom Lord BolingbroUe hiui, on a previous occasion, contemptuously styled "Mercantile Politicians," and M. d'Iberville, a diplomatist of some note, who must not bo confounded with the Canadian sailor of that name, who died in 1706 at Havana. (Pownall Papers, v. 7). Messrs. Anison and Fenelon arrived in London on the 17th February, 1713-4, (Lord Bolingbroko's letter of the 19th, Pownall papers v., p. 19). M. d'Iberville who had preceded them, arrived before the 17th December, 1713, on which day ho had an interview with Lord Bolingbroko, to whom he brought a special letter of mtroduction from M. de Torcy dated the 14th December, (letter to the Queen 8th December, 1713; Ibid, 17th December, Bolingbroko's Correspondence, vol. IV, p. 387.) The English commissaries were Charles Whitworth, James Murray, Esq., Sir Joseph Martin, Kt., and Frederick Herne, Esq., (letter to Mr. Whitworth, Dec. 231^1, 1713, correspondence IV, 408). There was no mention of M. d'Iberville in the commission of the King of France, dated Versailles, 10th February, 1714; but he desired to take part in the discussions under his private instructions. It appears that this difficulty wjw overcome by the i.ssue of a new commission including M. d'Iberville, of the same date as the other. Another difficulty soon presented itself. The inhabitants of Montsorrat had sent a petition to the Queen, .»pd the Hudson's Bay Company sent a memoir, setting forth their claims. The petition'^id memoir were forwarded bj' Lord Bolingbroke to the Lords Commissioners of Trade and Plantations who at the same time intimated that the commissaries "nowhere" have not "any powers to treat upon the said matters," (Pownall papers V, p. 35). It would seem that the difficulty as to powers had been already raised, and been admitted by the French commissaries who wrote to the King for "more ample powers," (London, ll-12th March, 1714; Ibid, p. 22). In May the Commissioners of Trade and Plantation wrote to Mr. Martin, Seci-etary to the English commissaries, to know whether the French commissaries were empowered to treat upon the subject matter of the memorial and petition pursuant to the 10th, 11th and I5th Articles of the Treaty of peace with France (Minutes of the 11th May, 1714. lb). Mr. Martin answered on the 12th, saying, that the French commissaries were not empower- ed to treat about Hudson's Bay and the Island of Montserrat ; but that the Envoy of France, M. d'Iberville hatl told Mr. Whitworth that a general mention thereof was made in his instructions, and he should receive more particular orders from his Court, when- ever demanded. (Minutes of the 13th, Ibid). The Commissioners of Trade and Plantations immediately resolved that the commissaries of France should bo notified that Commissaries should be named to treat of these matters pursuant to the 10th, 11th and 13th Articles of the Treaty of Peace. It is somewhat odd that there should have been any question on this point, for neither in the Queen's instructions to the English Commissaries, nor in the Commission of the French Commissaries was there any reference to the Treaty of Peace. It does not appear that morp ample powers were ever accorded to those ('ommissaries, and on the 9th June, 1714, the English Commissaries report the deliberations " at a stand." Thus the tirst effort to establish the limits of Hudson's Bay lailed. The death of tlie Queen, and the change of policy which followed on the succession of the IIou.sc of Hanover, put an end to any immediate pro.spoct of settling these delicate questions as to boundaries. The Treaty of Utrecht was no longer popular, and nothing seems to have been done in the matter for some years. The next metition of the fiubject, I have found, is contained in a despatch to MM. de VauiLreuil and Begon, dated 80 23rd May, 1719. (Doo. HUt, 9.) In this despatch, tho King aayn he has insti 'ed his AmbaHHador in England to propose the nomination of CommisHarios on both es agreeably to tho Treaty of Utrecht, for the suttleraentof the boundaries of New France. With the materials witiiin my reach, I have not been able to trace the stops taken to lix these boundaries ; but having had communication of the notes of (/hief Justice Drai)er, who went to England, in 1857, to represent the late Province of Canada before a Committee of the House of Commonis, I take the liberty of copying from him. The Chief Justice says: "On 3rd September, 1719, instructions were given tr) Daniel Pulteney and to Martin Bladen, Esqrs., &s Commissioners for Great Britain, under several Articles of the Treaty of Utrecht, which, after a special reference to the 10th Article of the Treaty, proceeds thus : ' You are to endeavour to get the said limit , settled in the following manner, that is to say,' giving a particular description and then adding : ' But you are to take especial care in wording such articles as shall be agreed on with the Commissary or Commissaries of His Most Christian Majesty on this nead, that the said boundaries be understood to regard the tratle of tho Iludson's Bay only j that His Majesty does not thereby recede from his right to any lands in America, not comprised within the said boundaries.' " In a letter, dated Pari", 7th Nov., (N.S.) 1719, Colonel Bladen writer to tho Lords of Trade : "And this day we shall deliver in the Company's demand upon that subject (the boundary of Hudson's Bay) in the terms of our instructions, although I already foresee some difficulty in the execution of this affair, there being at least the dirt'orence of two degrees between the best French maps and that which the Company delivered us." "Again, in November, 1719, Lord Stair and Colonel Blaiien delivered to the Maro.schal d'Estreos, one of the F'rench Commissaries, the demand of the H. B. Company. The other French Commissary, the Abbe Dubois (afterwards Cardinal), was prevented by indisposition from attending. "On 3rd January, 1720, Lord Stair wrote to Secretary Craggs; ^Jay parli aussi tuuchant la commission pour les limites son A. B. ma assure qu'on tietidroit incessainment des nouvelles conferances.' " " Similar assurances woi'o transmitted to Lord Stair from tho French Regent in several letters." ,, ,, ,. , On tho 29th February, 1720, Lord Stair wrote: 'Be la maniere que Mons. le Mareschal d-Estrees, in a parli aujourdhuy nous seront encore du temps sans voir renuer les conferences sur les limites en Amerique.' " (The French spelling is Lord Stairs. Justice Draper.) I copied from originals. Note by Chief " 14th April, 1870, Mr. Secretary Craggs writes to Mr. Pulteney, then at Paris ; ' As my Lord Stair is on tho point of leaving Paris, H. My. would have you use this occasion, either yourself directly or by His E.Kcellency, as you shall judge proper, to demand some peremptory answer upon the subject of your commission, and whether the French Court will renew the conferences with you; which, if you dnd they will not, H. My. thinks it needless, in that case, f»r you to make any longer stay at Paris, and would have you say you are to come away, but not come away until such time as you shall have further orders from hence.' " " Mr. Pulteney's letters, which I have examined, showed that ho and Lord Stair made many fruitless attempts to get tho French Commissaries to meet them, but though repeated promises were made, there was no raeetiag after Colonel Bladen haid submitted the British proposals and the map." 10 "Colonel Bladon was again in Paris in 1722, but his letters made no allusions whatovor to the limitH in America. They refer to Home matten* connected with Ste. Lucie, as to which it does not appear whether any arrangement was maci'finiis 'hf I F'rinfe e' ffe I' Aigfpferre," prepare! l)y the King's order by the Due de Choiseul, Paris, 1761.) Those were. I believe, the last negotiations until'the Treaty of Paris (1763.) In the meantime, it would appear, that so far as the Hudson's Bay territory was concerned the limitu were practically settled. In a diviiion b and clain carried ou that on Utrecht." Dominion grapher boundarie of Utrech Prance), Douglas i Canada or viz., from to run s. Rupert's the Port ( 49 deg., a It is Mr. Bone latter gi\ natural those whi The map acco which an year. A " Bounda; maps pul space to Canada a than to ni French n map by t 1771. N Vaugond; of Paris. Note allusions in writin or utterl followin out the Not Report matter i would t characte ? « In a map by John Senex, F.R8., 1711 (A 3) we And a dotted line indicating a division between Canada and the Kiidiion'H Bay Territories, Himilar to the unedeMcribed and claimed by the Hudson'^ Bay O/O. In a map in Carver'^ travels (1*778) this is carried out to tlio Atlantic. In Mitcholl'H map (1755), (A 4), there in a line Himilar to that on Senex'd map, with the wonU, " Bounds of HudHon's Bay by the Treaty of Utrecht." Iknnott'H map of 1770 coincides with Mitchell's. (Bouchette's British Dominions, 1, p. 30.) In a map publiwhwl from 1754 to 1761, by John lioque, Topo- ffrapher to His Britannic Majesty, we have much the same lino, called ''Southern boundaries of Hudson's Bay Territories as settled by the Oommisharios after the Treaty of Utrecht." In Vaiij^ondy's map (ho was son of the geographer to the King of Franco), in 1750, wo tind a similar line, but without any words explaining it. (A 6.) Douglas in his summary, published in 1747, saj's : " By the Treaty of Utrecht the Canada or French lino with Hudson's Bay Company or Great Britain was ascertained, viz., from a certain promontory upon tho Atlantic Ocean in lat. n. 56 deg. 30 min., to run 8. w. to Lake Mistussin (which communicates by Indian water carriage by P. Rupert's river with Hudson's Bay, and by Saguenay river with St. Lawrence river at tho Port of Tadousao, thirty leagues below), and from thenco continued h. w. to lat. n. 49 dog., and from thence due west indefinitely. " It is not maintained that the linos shown on these different maps are identical. Mr. Bouchetto has remarked on the differoiice between Mitchell's and Bowon's, the latter giving the 49th parallel. But it is evident they were all aiming at the same natural division — tho height of land dividing the waters flowing to the north from those which flow to the south. Tho bubject of maps would not be fully dispo8ebec. But at all events he never attempted it, for extending the authority of tho Governer o the Mississippi, cannot be converted into an extension of the province to that line. Otherwise Lord Elgin's commission would have extended Canada to the shore of Hudson's Bay. ;i Note BB. — It has been attempted to throw some ridicule on the decision in the de Beinhard case, and it may therefore be worth mentioning that Chief Justice Sowell wa« probably the man at the time in Canada best fitted to preside in such a case, and that the Bar of Lower Canada could not then, or indeed at any other time, have been more brilliantly represented. The prisoner's Counsel, who desired to have the western bound- ary of Canada extended beyond the due north line fVom the confluence of tho Ohio and Mississippi Rivers, were Andrew Stuart, the equal, if not superior, of his brother, the well-known Sir James Stuart, Vallieres de St. R^al, afterwards Chief Justice of tho Queen's Bench, Montreal, and Vanfelson, one of the first-named Judges of the Superior Court, after its organization in 1849. ADDITION TO NOTE Y. Since my Report was sent in, I have received a letter from the Abb6 Verroau, now in London prosecuting historical investigations on behalf of the Government, enclosing a correspondence between General Haldimand and Sir Jeffrey Amherst, with respect to the limits of Canada alleged to have been traced by Mr de Vaudreuil on a map which he gave to Gen. Haldimand, and which has not yet been found. The letters ibrming this correspondence were copied by the Abbi Yerreau from the Haldimand papers in the British Museum. t J 34 The Aobi Verroau gives the following account of tho work he has obligingly volunteered to perform : " J'ai tenu ii copier cette lottre moi-mdme. Je n'ai trouv^ que le projot de Ilaldimand, corrige et ratur^ avoc un soin qui montre I'importnnce attach^e par lui h. ce qu'il ^crivait. C'est ce qui m'a < igag^ il copier los ratures ; je les ai inisea entre parenthese. II y a bien deux parentheses de Ilaldimand, mais j'ai indiqu^ qu'elles sont de lui." LETTER FROM SIR JEFFUEV AMHERST TO GENERAL HALDIMAND. New York, let November, 1762. Dear Sir : I have been twenty times at the point of writing to you on a subject which, though of no consequence, I should be glad to know the exact transactions that passed. Wlien I made a report of Canada to the Secretary of Stale, I transmitted a copy of the part of the Map where the limits between Canada and Louisianna were marked, which you delivered to me, and which I acquainted the Secrotaiy of State were done by Monsieur de "Vujdreuil. Whether by him, or done in his presence by his direction, comes to the same thing, and the thing itself is of ijo sort of consequence, as the Letter and orders he (Monsieur de Vaudreuil) sent to the officers commanding at Michillimakinach, the bay, Oocciatanou, Miamis, &c., mark out the Boundaries and expressly include those Posts in Canada, so that there can be no dispute about it ; yet as I see some altercation has passed in England and France about Monsieur de Vau- dreuil's giving the Boundaries, I should be glad to know of you whether he marked the map himself, or whether it was done in his presence, and what passed on that subject, that I may hereafter be able to say all tliat was done regarding the whole affair. I am, with great truth, dear Sir, Your most obedient humble servant, JEFF. AMHEEST. Copie veritable. La parentheso est dans I'original. possible ce nom sauvagc Oocciatonou. H. V. J'ai copie aussi bien que LETTER FROM GENERAL HALDIMAND TO SIR JEFFREY AMHERST. Trois lliviERES, le 10 Xbre., 1762, j Fait partir le 16 do. ) Monsieur : J'ay regu avec plaisir la lettre que V. Excellence me fait I'honneur do m'^crire du ler Xbre h I'egard de ce qui s'est passe entre Mons. de Vaudreuil et moi au sujet des Limittes du Canada. Je m'etais propose plusieurs fois de la pr^venir ; mais j'ay cru devoir attendre ces ordres auxquels je vais obeir avec toute I'exactitudo possible. Environs 5 ou 6 jours appres que je fus entrd dans Mt. Eeal, je demanday h. M. de Vaudreuil, s'il n'auroit point quolques Plans, Memoires ou Cai'tes instructives, concernant le Canada; que je le priois de vouloir mo les remettre, atin que je pusse les faire tenir a V. Ex. ; il me repondit qu'il n'en avait point les a3'ant toutes perdues a Quebec (et pour evitter d'entendre I'enumeration qu'il vouloit me faire de ces aufros pcrtos) ;* jc me contentay pour lors de cett« r^ponse ; mais ayant on occasion do lui en reparler quelques jour apr^s, il me dit qu'il avait rotrouv^ une Couple !ie ile Haldiinanii. H. V. i 36 »«S8 yeuK de M. de Vaudreuil, h, qui eeul je me suis addresse, et que par tout ce qu'il m'a dit je n'ay jamais pu doutter un instant, qu'il ne me donnat cette ligne pour lo8 vrayos Limittos du Canada, et quo da m nent que je fermay cette Carte dans son Cabinet, jusques h. celui ou je la remis entre vos mains, il n'y a en aueune alteration faitte h cette ligne de quelle nature que ce puisse etre. Cecy, Mons, est sur ma parole la pure v^ritt^ de cette transaction. Je dois vous avouer aussi Mons. que me persuadant que vous demandiez plus tdt des intelligences (sur I'etendue d'un Pays, qui je crois n'a jamais eu de Limittes fix^es)* qii'un actc authenthique faite en ve 'tu de la Capitulation ; je ne crus pas qu'il convint de faire signer la Carte par M. de Vaudreuil, ce qui m'eut'^t^ facille, de meme que de mo faire donner los Limittes du Canada par ^crit, ce qu'il n'aurait pu mo refuser en vertu de la Capitulation et aurait rendu cet acte incontestable, au lieu que n'ayant point de signature h montror, il poura toujoura faire croire it son party qu'on a cherch6 ^ lo surprendre. Si j'ai mal compris V. Ex., j'en suis tr^s fftch^ et lui en fait mes excuses, et lorsqu'en vous remettant la Carte je vous dis que les Limittes etaient tiroes par M. de Vaudreuil ; j'entendois qu'elles avoient ^t^ tirees sous ses propres yeux, et avoient eu son approbation ; ce qui est vray h la lettre. Je suis au reste bien charme que (ce different) cette vilaine chicane de M. de Vau- dreuil, ne porte aucun prejudice aux attaires, elle memo servira d'une bonne logon dont je me souviendray si j'ay le bonheur de pouvoir la mettre un jour en pratique. J'ay I'honneur d'etre avec un profond respect, ^ . Monsieur, De Votre Excellence, Le tres humble et tr^s obeissant serviteur, ^^ • • >. Du lOe Xbre. FEED. HALDIMAND. Vraio copie faite et relue par moi. J'ai marqu^ les parentheses faites par Haldi- mand. Toutes les autres parentheses indiquent des mots effaces dans I'original. H. V. Letter from Sir Jeffry Amherst to General Haldimand. Dear Sir: New York, 25th January, 1763. * * * * (II parle de la cessation des hostilities et des forges de Ste. Maurice.) I am much obliged to you for the particular and exact detail you have sent to me of what passed between yourself and Monsieur de Vaudreuil. It is almost precisely as I imagined. It is of no consequence whatever ; but if it was, there could be none but good proceeding from what you did in that affair, which has my thorough approbation to every part of it. . • (Le resto de cette lettre so rapporte Jl d'autres afllaires.) I am, with great truth, dear Sir, Your most obedient humble servant, JEFF. AMHERST. From tho correspondence it appears clear that the map was transmitted by Haldi- raan J to Amherst, and that part of it — the part on which the limits were traced — wa« 'OotUi puroiithigti est il« Haldimand et n'mt \mi une rature. H. V. b by the latt festion thati [. de Vaudif description be found in A 1, in gree List of Pfere Mi 1694, avec Beceuill en 1714 par| dam 1732. volume du veritable no Lettre Ursulines d< Belatioi Journal Histoin vols., 8vo. HistoriJ Denis, c L'Bscar Piire Cb 1744. Shea. York, 1866- Journal les volumes Bellin, 28o ot le 72< Paris, 1756. Purcha Oldmi: Dobbs, r Haklu; Ogilby London, 16 Carvei 1767 and 1 Harris Murra including t Search of London, li Bolinj Chain 87 by the latter transmitted to the Secretary of State. This tends to support the sug- festion that the map insisted on by Mr. Stanley was the one Gen. Haldimand got from [. de Yaudreuil. The points as marked by Haldimand seem to correspond with the description in the English answer to the French altimatam, an extract of which will be found in note F, and the probable line of which I have suggested on the annexed map A 1, in green. [ Vf List of books and papers quoted and abbreviations used in referring to them : — F6re Marest, Lettres Edifiantes vol. 6. Belation d'nn voyage a la Baie d'Hudson en 1694, avec M. d'Iberville. Beceuil de voyages du Nord, 10 vols., Nelle. Bd. 12mo. Ce recenil a commence en 1714 par le Libraire Jean Frederic Bernard et a ^t^ discontinue en 1731. Amster- dam 1732. II contient un discours preliminaire trds int4ressant. Dans le troisi^me volume du receuil se trouve la Belation de la Baie de Hudson par M. J^r4mie dont le veritable nom est Noel Jeremie Lamontagne. On trouve son ouvrage imprim^ ailleurs. Lettre de la v^n^rable M^re Marie de I'lncarnation, Premiere Superieure des Ursulines de la Nouvelle France. 4to. Paris, 1681. Eelations des Jeauites. 3 vols., 8vo. Quebec, 1868. Journal des Jesuites. 1 vol., 4to. Quebec. Histoire de rAm^rique Septentrionale. Par de Bacqueville de Ija Potherie. 4 vols., 8vo. Paris, 1722. Historia Antipodum. Johann Ludwig Gottfriedt. Frankfort, 1655. Denis, description des costes de TAm^rique Septentrionale. 2 vols. Paris, 1672. L'Bscarbot, Marc. Histoire de la Nouvelle France. 12mo. Paris, 1609. Pfere Charlevoix Histoire et description de la Nouvelle France. 2 vols., 4to. Paris, 1744. Shea. John Gilmary, Translation of the above with notes. 6 vols., 8vo. New York, 1866-72. Journal d'un voyage fait par ordre du roi dans I'Am^rique Septentrionale, forme les volumes 5 & 6 de I'histoire de la Nouvelle Prance. Bellin, Bemarques sur la Carte de I'Amdrique Septentrionale, comprise entre I© 28o et le 72e degr^ de Latitude, avec une description geographique de cos parties. 4to. Paris, 1755. Purchas, Samuel, His Pilgrimage. Folio. London, 1617. Oldmixon, J., The British Empire in America. 2 vols., 8vo. London, 1741. Dobbs, Arthur. Of Countries adjoining to Hudson's Bay. 4to. London, 1744. f Hakluyt Society's Publications. London. Ogilby, .Tohn. America : Being the Description of the New World. 2 vols., folio. London, 1671. Carver, Jonathan. . Travels through the Interior Parts of North America, in 1766, 1767 and 1768. Illustrated with copper plates, coloured. 8vo. London, 1781. Harris' Complete Collection of Voyages and Travels. 2 vols., folio. Murray, Hugh. Historical Account of Discoveries and Travels in North America, including the United States, Canada, the Shored of the Polar Sea, and the Voyage ia Search of the North-West Passage, with Observations on Emigration. 2 vols., 8vo. London, 1829. BoUngbroke's Letters and Correspondence. 4 vols., 8vo. London, 1798. Chalmer's Collection of Treaties. 2 voUj. London, 1790. 88 Garden, M. le Cbmte cTe, Histoire G^n^rale des Tfait^fo de paix entre les puisBancea de I'Europe. 16 vols., 8vo. Paris, 1817-'8. Douglas', Dr. W., Summary — Historical and Political — of the First Planting, Ac., of the Bntiah Settlements in America. 2 vols., Bvo. 1*756. Christie, Robert, A History of the late Province of Lower Canada. 6 vols., 8vo. Qnebec, 1849-'65. Ferland, L'Abb^, Cours d'Histoire du Canada, en deux parties. Quebec, 1861-'7. Cavendish, Sir Henry, Bt. Debates in the House of Commons in the year 1*7*74, on the bill for making more effectual provision for the Government of the Province of Quebec. London, 1639. Documents relative to the Colonial History of the State of New York procured in Holland, England and Franee, by John Bomeyn Broadhead, Esq., Agent of the State. Published under an Act of the Legislature and edited by B. B. O'Callaghan, M.D.; LL.D., with a second introduction by the Agent; 10 vols., 4to. Albany, 1863-8. Doc. Hist. Historical Documents relating to Canada and the English Colonies in America, from the London Archives. 6 vols. M.S. Eng. M.S. Papers the property of John Pownall, Esq. (brother of Governor Pownall), when Secretary of the Board of Trade. After his death, in 1*796, they passed into the hands of his son, Sir George Pownall, who was Secretary of the Province of Lower Canada until 1806. Sir George presented the volumes to the late Hon. H. W. Ryland, Secre- tary to the Governor-General, who gave them to his son, G. P. Ryland, Esq., from whom they were purchased by the Library of Parliament. 7 vols. M.S. Pownall Papers. Manuscrits relatifs h. I'Histoire de la Nouvelle Prance. Trois Series. Ifere Serie 1*7 vols., in folio, se trouve depos^e k la Biblioth^qne de la Soci<5t6 Litt^raire et Historique de Quebec. 2i^me Scrie, 11 volumes, depOs^e dans la Biblioth^ue du Parlement. 3i^me Serie, 12 vols., depos^e dans la Biblioth^que du Parlement. Paris, M. S. Doutre, Gonzalve, B.C.L., et Edmond Lareau, L.L.B. Droit Civil Canadien suivant I'ordre ^tablie par les Code, prec^e d'une histoire g^nerale du droit Canadien. Gameau, F. X. Histoire du Canada depuis sa decouverte jusqu' h nos jours. 4 vols., 8vo. Quebec, 1846, 1846 1848, 1862. Memorandum. Remarks submitted by the Commissioner of Crown Lands on the North West Territories of Canada, Hudson's Bay, the Indian Territories, and the questions of Boundary and Jurisdiction connected therewith, to accompany certain other documents in return to an address of the Honorable Legislative Assembly of Canada. 1857. App. (No. 17) (B). Cited as Mr. Cauchon's report in 1857. Correspondence between the Dominion Government and the Government of the Province of Ontario, sent down in return to an address of the Legislature of that Province in 1872. . . •( « iit^' ■ > .. 'i •. : Foot notes are indicated thus: (1) (2) (3), &c. Notes at the end of the Report are indicated thus: "Note A," &c. The Maps in the Report are referred to thus : Al, A2, A3, A4. INDEX. LETTER TO HON. A. CAMPBELL, ENCLOSING REPORT MEMORANDUM NOTES .. .. , ADDITION TO NOTE Y LIST OF BOOKS QUOTED AND ABBREVIATIONS ARE INDICATED .. ^^iiUiNS MAPS. REPORT . . Paok. 3 .. ■ . fr-16 ■*•'■- * • ■■ •• •' . 19—33 * • • • « 33 BY WHICH THEY 37 Al A2 A3 *A4 A5 \4 5 , \ I / ^^^^pPSMBiPPffl^W^®!^"' ■ 41 (I t 1 •Bo. ,^e Bi< Pembina k Itiifr iHutCi'rr.t/ii^ff IL DESBOIS mur AVt rAH rtiej^ %''''" ^" ^^ U)KK V ^>^^ Si IJ P K.H XV> hipicolon rt. h Hif}o£raf'hir aM fhtblishinij ('ompany litfi. ^ontreit/. 95 90 :-'>' ■■<-'^^ •'/r\\ ■y. ■'/^ ':i'h ■'^ .^^^V :/y .y^:'-^ rV^ t>' ill l^^ y/:. ^'-v/ 6-U -V^. ^y:- :^^i.^:% ^S/<4<" >:'-:::<; :.^.: :v\ W^.i' "A ,.A >Vo«Ul 1 I'i urn ' I m mm 1 1 Ml i I / Ui\ m ,^'ii/:.;i ^ m 90 r r I W: ■»^tiP«. -■^'»*«'^SfH5ESS'S;i5*»;. BCEk'.'i'..---. ■ jhii6> ai a ^M ii ti i i i W f *^ ti t^ 0} ;o ■miismsmMmy ^rrninJUoiiiAimii-t^it V-r • .'*••-»•• I* • -«-r^efiTK«««>«k« >- \ j«i««4« ^ d li t MM I I1 li |Mpm"il i*"-'fc»H,-«t*fcai ■•«-*»«**«-.■■, _^^. .ft. i '»HCrvAMU4itnV:MlMta«MVi< flf.v -yjliyw y MW^yw f i Wl fBi . ! J ■^ ' . t U ' i l t' r - t 'LM t 101 100 toe 'W TO* 103 >0g 99 52 z:zv. 51 {^lieflucecl Copy] o;r ■■^o 49 48 PmUSMEW II7SS. NOTE hi \he original map this corner is occupied ri/ a map oj Hudson's Bay. BORLAND, LAFRICAIN iC UTH. 4-7 T + -h The liead ofiha .l^lissisipi is nol i/Jt know^ It is supposJd to arise i^h/ui the SO ^.''degi'ee of Latitude und the Western Bound^ofihisMan. «/ 46 45 44. 9Q_ 9L ^^^■;y;Jpioux or tssutis. TW*- ^^j^.-:jj^^ Lake of me ^^> > r % ! JkeaiJkaniouen . \ 97 96 94 Litke issknifjouah 93 •I- H 90 8if B6 ■ihi •.'.'•;>■. x« Luke q/'Uit I L Lake \} Ijm^lemipUjion. \"y* j^^ ?/1 lieamauioaen. >f^^^ mm p^ so rtfir^ |!ffl urn m \^'\ ^^ mn ¥/ // . '% r I ^'*:i -— "-"~"' ^5 ■vx i. 87 1 86 85 94 83 / U I mmmm^. ■PPl^i^P ^. ^v^^^. V ^ J^> ^^^0%^. IMAGE EVALUATION TEST TARGET (MT-3) // ^0 1.0 I.I 1.25 2.0 III 1.8 U IIIIII.6 J5''. V] VI m yy '/ /A Hiotographic Sdences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716)872-4503 ^ \ V N> "V o- .^ 4"^^ ^^ ^' 6^ A^* ^ v\ % A^. This is a tracing of part oj^ a map published ly JoHX Senex, FM.S.in t7//.TheUne enchsing-) CANADA is much the same as thai wejlnd after the treaty ofUtrechi. ^^. ltiii4iiiiit,l.iil>'U'niii<14"'.M>-. ■.*!**? WflW^'Ji, if; -I- '.■■^•»N^.4!W .A.,,„..