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A5P3 RETURN to an AtldresH of tlio ITonournMe The House of Commons, dtttcd 5 August i8Gy;— ;/or, COPY or Extracts of Correspondence between the (."olonial Office, the Government of the Canadian Dominion, .and the Hudson's Bay Company, relating to the Surrender of Rupert's Land by the Hudson's Bay Company, and for the Admission thereof into the Dominion of Canada." Colonial Office, \ 11 August 1809. J W. MONSELL. M {Mi: Monk.) Tfl tl ll Ordered, by The Ilouse of Commons, to be Printed, I I Aitgtist 1869. 440. [ ii ] SCHEDULE. DESPATCHES FROM THE GOVERNOR. No. in Scries. Number and Date. SUBJECT. Page. •>l December 1867 (No. 107.) 1 Jaiiuarv 1808 • (No.'l.) Telegram (received 10 Se|)t. 1808). Telegram (received 14 Sept. 1808). 5 Telrptrnm (received 18 Sept. 1868). (1 Telcgrnm (received 2.3 Sept. 1808). 7 2 October 1808 - r .. 182.) 8 4o,..iel801) (Nu.C.O.) i> TcleRrniii (received 1!) June 180'J). 10 2 July 180U (No. 73.) ^Viscor.M MoN( K.) Transmits Address to Her Majesty from Senate and House of Commons of Canada, prnjjni; for Order in Council to annex Rupert's Land to tlie Dominion of Canada. Transmits Minutes of Council, with Uesolutiuns of both HouseB, respecting pro- posed Annexation of Rujiert's Land and North West Territory to the Dominion. Desires to send over Delegates to negotiate with Hudson's Bay Company for transfer of Territory. Delegates do not wish to leave Canada till last week in November ... Delegates will leave for England on 7tli October (RluiiT Hon. Sia J. YouNO.) Delegates to sail on 3rd October, and viL be due in England about the 13th Transmits copies of Minut' . iippc.inting Sir G. Iv Carticr and the Honourable W. M'Dougail as Delegates resjiLeting the transfer of the Hudson's Bay Terri- tory to the Dominion. Transmits Address to Her Majesty, mid other documents, on the subject of the transler of the Hudson's Bay lerriiory. Asks leave of Hudson's Bay uuthoriliei' to survey lands before actual transfer - Transmits Messages of Governor General to Parliament during last Session, and '" iports by bir Ci. E Cttitici- und linn. \V. .M'Don;'aIl. Kepi DESPATCHES FROM THE SECRETARY OF STATE. ISJannarv 1808 (No."lO.) 23 April 1808 (Nu. -0.) 8 August 1H08 (No. 17U.) Tclfigrnm, 17 Sep- tember 1808. lo April 1«00 I (No. 04.) i 35 June 1800 I (No. 122 ) I I 7 ' 10 August 1809 I (N*o. 167.) (DrKE (IF 13l( KlNfillA.M AMI CllANDOS.) Decision of Her Majesty's Government will be communicated as early as pos- sible rospeeling the Annexation ol Rupert's Land. Willingne>B of Her Majesty's Guvernnwrit to recommend compliance with Address prayinj; for proposed Act of I'urliament. Transmits Act of Parliament for transfer of Hudson's Bay Territory Inability to defer negotiations with Hudson's Bay Company .... (TlIK EaUI, (iuANyil.I.K.) Transmits Resolution of Hudson's Bay Company for surrender of their rights No objection by Company to commencement of Survey of Hudson's Bay lands . Encloses copy of Tclcgrni of same date, announcing the passing of the Rupert's I, und Loan Act. 10 12 12 13 13 14 15 IS ^ No. in Series. 1 1 2 C 3 c 4 I 7 8 10 u 12 i;j 14 15 Hi 17 18 10 20 21 440 i [ iii CORRESPONDENCE BETWEEN THE COLONIAL OFFICE AND THE HUDSON'S BAY COMPANY. Page. )f 1 n > - 2 11. >r 4 - 4 - 6 W. rri- 6 the 8 - g \n(l 10 108- 12 filh 12 - 13 - 13 u IS 15 1 No. ill Series. 4 6 7 8 10 11 12 13 14 15 1(1 18 lU 20 21 From whom. Hudson's Bay Company Colonial Office - Colonial Office - Iludsnn's Bay Company Colonial Office - Hudson's Buy Company Iludson's Hny Company CoUmial Office Hudson's Bay Company Hudson's Bay Company Colonial Office - Hudson's Bay Company Hudson's Buy Company Hudson's Bay Company Colonial Office Hudson's Bay Conijiany 17 Colonial Oflico Hudson's Bay Company Colonial Office Hudson's Bay Company Colonial Office S U B .1 K C T. Pan IH ,lan. Suiiinits views im thr proposal l)y Camulian Oovcrnment 1" for itiiniis-iioii of Ru|)ci't's Land into tlic Dominion. Tran-mits Adlress to Her Majesty from the Senate and 17 Ciiinmons of ('anada, prtiyinij tor unluri ot'Hiipcrt's Land and Noit!i West Territory with the Doniiniuii. P?'occciliiiL!;8 of the Ciiniulian Parliament on flie r.ul>jcct of '7 ll'.nlson's Bay Compiiny, Acknowledges Letter of lOtli instant, which will receive cunsJderation. Oliserwitioiis >-ii the Aildross of the Canadian Government 17 to the (^uceii on tlie sal)ject of traiisler. i Coinpliance of 1 lor Majesty's d'ovejiiineiit witli wish of Canadi;iii P.irliaiiicut ior the m.lon of l{u|)(Tt's l.iuiil and North West Territory with Canada. Acknowle.lnes Letter id' -JHrd instant, anil stales tiiat Lor I Kiirilierley liu^ been elected Governor nf tliti ('noipuny. Viirt-- o?i tlip siihiect of til ■ terms of airree. Terms on uhi.ih Her ."VTajesty's Government will he pre- -27 pared tocontdiide tin arrangement for transfer and siiliiiit it lo iho Canadian Government. Ackiiowledires Colonial Office Letter of 1st instant, and ;Jo slates that its contents will he con>iilercd without ili'lay. States that the eonsidcraiion ot tlieColimial Office Letter of a I l>t instiint is post|)oned until eleilioii of a new Goveinor. Encloses extracts of Letters received from Governor 31 Muitaiish, iritinmlinu the inloritioii of the ('a:iaili!i:i CoinmiHsionci for I'ahlic Works to constriiet a ro.d from Fort Garry to the Lake of llie Woods, tlinm^li I'lc territory of the Company. Re(|iu^ls that no delay niiiy take place in an^weriii}^ the 32 proposals contaiiie I in Mr. Adderley's Letter of 1st instiint. Siihmlts explanations of proposals lor cedinif tcriiioiy - :)-i Acknowledijes Letter of tli" -J-Jiid Deccmher. ^t;lles that i :ij eop\ ef It hii-^ heen itinvarded to Sir (ieorjre Carli'i' iiiiil .Mr. M'])(iupill tor any cxpliinalioii it may lie in ili.'j- power to afford resjie liiii; the proceedings of the Canadian Government respecting the fiinmifioii of a road. 2 Feb. 1800 Ackth.wledfies tliealiove. Their olijeelion is not to the roads a,j lieiiii;- made, hut to its heiiiir undertaken by the Caiiadiiin (iovi rnment. us a matter of riylit, when net'oliiit'oiH aie still ill proirress for tli' transfer of the CoMipiiny"' possessions to Canada. 22 Feb. 18(U) Transmits copy of a Letter from Sir G, K. Cartiei' and ' 37 Mr. M'DouL(all relati\e to the difl'creiiees between the | Hudson's Bay Company and llie Canadian (ioveriimenl on the subject oi'the ^urroiider. 20 Feb. 18(50 Submits replies in reference to counter-prnposids ol Sir G. 38 Curlier and Mr. M'Doii(|all on the subject of the terms oi surrender. Mar. 1800 Pioposcd terms of transfer to Canada of the Company's 40 jurisdiction and territorial ri;rhtj. 2.'-. Jan. 1808 1 33 April 1808 i 24 April 1808 13 May 1808 7 Aug. 1808 10 Aug. 1808 27 Oct. 1808 1 1) c. 1868 10 Dec. 1803 22 Deo. 1808 22 Dee. 1888 4 Jan. 1800 13 Ian. 2H Jan, 1800 1809 440. /! L iv ] No. in Scries. From whom. Date. SUBJECT. Page. oo Iliideon's Bay Company 22 Mar. 1800 Will rooomini'Mil to a general riccting for iiiloption liy the Company the propci^^al of Sccrotary of State. 42 23 Colonial Ollice - 21 Mar. 1800 With reforfMcc to tlic payment of salary of Bishop of Rupert's Land in event of transfer. 40 24 Colonial Office - 3 April 1800 Transmits Corrcs londcnco with Pelejralcs relative to the suriviulcr of rig its. 40 2.-1 Hudson's Bay Company 10 April 1800 Resolution of mei'ting acceding to Secretary of State's propo-iil, 47 20 Colonial ORice 17 April 1800 Acknowledges acceptance "iftc^rnis of transfer ... 47 27 Colonial Oflico I!) Juno IHOO Tran-niils Telegram from Governor asking permission to CDiiiTncnce siirvcv. 47 29 Colonifil OlTico fi Aug. IBOO Transmits protest of !Mr. Stewart against surrender of territory. 48 29 IIuilsoii's Bay Company a Aug. 1809 Acknowledges receipt of Mr. Stewart's protest ogainst the snrrondir of the Hudson's B ly Territory. 40 CORRESPONDENCE BETWEI:N THE COLONIAL OFFICE AND SIR G. CARTIER AND MK. M'I)OU(iALL (DELEGATES). 1 Colonial Office - 30 Dee. 1808 Transmits Letter from the Hudson's Bay Company relating to some steps taken under tiio authority of liie Canadian Government, from wliich they apprehend some invasion of their territorial rights. Ileriuisis explanation of the steps taken hy the Canadian Government. 60 2 Delegates - 10 Jan. 1806 In reply to tho above, and affords the explanations re- quired. 50 3 Colonial Office ■ 18 Jan. 1800 Transmits copy of answer of the Compony to proposal made for cession of Hudson's Bay Company's territorial riglits. 52 4 Delcgotcs - - - Feb. 1800 Snhnnts views on the Question of the proposed cession of Hudson's Buy Territory. 52 5 Colonial Office - Mar. 1800 Transmits copy df terms proposed to the Hudson's Bay Company for transfer of their rights. 03 Delegates - 27 Mar. 1800 Regrets inaliiiity to await tiie Company's decision os to truusfiT of Noitii West Territory, public duties requiring an immediate reiurn to Caiuida. 04 APPENDICES. Appendix I. — Clause 140 of the British North America Act, 1807 Appendix II.—" Rupert's Land Act, 1808 " Appendix III.— Correspondence between the Colonial Offica and tlio Hmlson's Bay Company : — Hudson's Bay Company, 11 Novetidicr 1803 ...... Colonial Office, II March 1804 Hudson's Hay Company, 14 March 1804 ...--.. Colonial Offic.\ 5 April 1804 Hudson's Buy Company, 13 April 18(14 Colonial Office, June 1804 Hudson's Hay Company, 7 December 1804 ...... Colonial Office, 2) January 1H07 05 06 06 08 70 72 72 74 76 76 Page. by 42 of 40 the 46 te's 47 • 47 1 to <7 r of 48 the 40 1 Y [ ' 1 COPY or ExTKACTs of Courespoxdenci; tetween the Colonial Office, the Government of the Canadian Dominion, and the Htidson's Bay Company, relating to tlie Surrender of Rupert's Land by the Hudson's Bay Company, and for the Admission thereof into tlie Dominion of Canada. Correspondence between the Governor General and Secretary of State. DESPATCHES FROM THE GOVERNOR GENERAL. IITIBR fl dial) 60 ision f the i ro- 50 ll ode toriiil 52 311 of 52 Bay 03 ns to 04 itriiig ■ 05 - 05 00 08 70 72 72 74 75 . 76 — No. 1.— (No. 107,) Copy of a DESPATCH from Governor General Viscount Monck to his Grace the Duke of Buckingham and Chaiidos. Ottawa, 21 December 1807. (Keceived, Otli Jamiai_ 18(i8.) (Aniwert'd, No. 10, 18tli January If*f8, |>agc 12 ) My Lord Duke, (Further answered. No. 70, 23rd April 1808, pa^e 12.) I HAVE the lionour to transmit a joint Address to Her Majesty the Queen, from the Senate and House of Commons of the Dominion of Canada, praying that Her Majesty will be grjiciously plensed to direct that an Order in Council may be passed in conformity with the provisions of the l-iOth section of the British Morth America Act, 1867, for annexing to the Dominion of Canada the Territory of Rupert's Land and the Red River Settlement I have the honour to request that your Grace will lay this Address at the foot of the Throne. I have, &c. (signed) Monck. No. I. Governor General Viscount Monck to his Grace the Duke of Bucking- ham and ChandoB. 21 December iSt)?. Enclosure in No. 1. To the Queen's Most Excellent Majesty. Most Gracious Sovereign, We, your Majesty's most dutiful and loyal subjects, the Senate and Commons of the Doniiniun dC Cunada, in Parliament asiiemliled, humbly approach your Majesty, for the puniose of leprfsentiiiii : That it would |)ioraotu tlie prosperity of the Canadian iJeciple, and conduce to the advantage of the wholo Empire if the Ddiniiiiou of Canada, oonstiuited under the provisions of the liriiish North America Act of la07, were extended westward to the shores of the Paeific Ocean ; That the culonizatinn of the fertile lands of the Saskatchewan, the Assiuiboiiie, and the Red River districts, the developmotit of the inimral wcaltli whicli abounds in the regions of the North Wesi, and the extension of commercial intercourse tliroui;li tiie Hritish possessions in America from the Atlantic to tlie Pacific, are alike dependent upon the estahlishment of a stabie Goveriiment for ihe maintenance ot law and order in the IS'ortli Western Terriiories; 'I'hat the wcWare of a sparse and widely-scattered population of Briti>h subjects of Eurojieiin origin, already iidiabiting these remote and unorganised territories, would be 440. A materially Enclosure in No. I, PAIM:US UELATIXG TO RUPERT'S LAND. inuUrialh tuliiiiiiiil by the forn)atii)n thorciii of ixiiiticiil in.ttilutions beQiiii;; annhgv, as fiir ii-^ ciiciiriiitaiiies will admit, 1<> tlio^i' wliicii exist in tlir gi^venil l'roviin.t.'s of tliis Duiii iiiKii : That till- IKttli sitlii)ii of tiii^ IJiitirtli Xiirtli American Act of 10(17 provides for the adniiMsiun of Riiprrt's Liimi iinil tlii> Nuitli Wtdterii Tcriiloiy, or nithi-r of Ihu.ii, into union Willi ('iiiiailii, npoii tin- tcrni'* ami coiiililiiMH to he evprtS'iMJ in AddrcsHf* from the Houses of Piirliaim-iii nt this Domini m to your Majusly, and vviiich chall he approved of by your jMiijes'y in Councd ; That »!■ iio tliiic ore most liunihlv pray that vour AFajesty will hi- y;raciously jjleased, by and with tii-; .idvicf of your .Most llonciurabii Privy Coinioil, to iiniic iiiipurt's Land and the Niiitli Wfsti'in Tcriiiury ^^iih tins Dominion, and to piaiii to ilu; Parliaiiu'nt of Canada Milhonty to li';;islatc fnr llii'ir (nturc wclfari' and yood novenimcnl; an>' for your Excellency in Council certain recommendations on the subject of the negotiaii on with the Imperial Government for I'APEltS RELATING TO RU1»ERTS LAND. 3 for tlie transfer of Rupert's Land and the Noiili West Tciritnrv to Cnnmla, nnd they rcspt'i tfiilly udvisu tlmt u copy of the siime, when upprovfd by your K.scelleiicy, he foi'v\Hi(h>(l to his Griice the Set retary of State fur the Colonies, ns cnihodying the views of the Cunudian Government on tiiat important qiit'Stion. Certified, (sif^ned) U'm. //. Lee, Clerk to the Privy Council. The underaifined liua the honour to snhniit for the consideration of your Exc( llency in Council the following rcconnnendiitious on ihi' snhjcct of the iii ^otiiit ii with thu liii|ieriul Guvcrnmcnt for the iian.sferol Hu|iLrt's Land and the N irtli West 'I'enitory to (Jauiulii :^ 1. That ill addition to the joint Address of lioth Houses on llie ^uhjeut, your Excellency will be pli'ii^ed to transmit lo the Secretary of State for the Colonies, the Hesolulions as they were tinally adojited by the House of C'omnions and the Senate, with tiiu votes and proceedings of both Houses iheicon. 2. That the attention of his Graco the Duke of Buckingham be specially called to the eighth Kesolution, which was not embmlied in the Address, and was not intended by the Caniidian Parliament to express a term or condition of the Uider in Council authorised by the 140ih section of the British North America Act. 3. That your Excellency will be pleased to express to ))is Grace, as the opinion of the Canadian Government, that it is hiifhly expcdienl th;it the vraiisler which the Imperiiil Parliament has auth()rised, and the Canadian Pailianient approved, should not be delayed by negotiations or correspondence with privuto or third piirties, whose position, opinions, and claims have heretofore embarrassed liotli fiovernments in dealing with this (piestion. 4. That in the opinion of the Canadian Governiuent the terms of the Address cnnnot be niaterially altered or extended without causing injurious delay, and greatly embarrassing the people and Goveinmeni of Canada in their etU)its lo open communication with the Territory, to encourage emigration and settlement, to establish law nnd order, uiid to pro- vide tor the speedy organisation ol municipal and local governments therein. 5. That recent proposals in the Cniif;ress ot the United Stutes in reference to British America, the rapid advance of mining and auricuitural settlements westward, and the avowed policy of the Wiisliington Government to acipiiio territory from other Powers, by purchase or othei'wise, admonish us that not 11 ilay is to be lost in detennining and publishing to the world our policy in regard to these territories. (3. That your Excellency will be pleased to rxiuest his Gr.ice to inform your Excellency by Atlantic cable (if the intoriiiation can be so communicated) whether the Imperial Cabinet will at once udvise Her Majesty to uppiove o! the transfer on the terms of the Address, in order that the Canadian Government may be prepared to submit appropiiuie measures on the subject on the reassembling of Parliament in iVIarch next. 28 December 1867. Respectfully submitted, (signed) YVm. M'Dougall, Enclosure 2, in No. 2. Resolutions for the Incorporation of Rupert's [.and and the North-Western Territory End. 3 in No. a. with Canada. ' ' " The Honourable Mr. Fcrgusson Blair, seconded by the Honourable Mr. Campbell, 1. TuATitwouhl promote the pros|)eiity of the Canadian people, and conduce to the advantage of the whole Empire, if the Doiniiiion ol Canada, onstituted under the provisions of the Brmsh North America Act of Ui(t7, weic extended westward, to the shores of the Pucihc Ocean. 2. That the colonisation of the fertile lands of the Saskiitchewan, the Assinilioine, and the Red River districts, the development of the mineral wealth which abounds in the regions ol the Noith-West, and the extension of eominer.iid iiuercourso throu^'h the British Possessions in America from the Atlantic to the Pacific, are alike depeiufent upon the establishment of a stable government, for the maintenance of law and order in the North Western Territories. 3. That the welfare of a sparse and widely -scattered population of British subjects of European origin already inhabiting these remote and unorganised territories, would he materially enhanced, by the formation therein of political institutions bearing analo-y, so far as circumstances would admit, to those which exist in the several Provinces of this Dominion, 440. A 2 4. That PAPliRS RELATING TO RUPERTS LAND. { i I a 1^ p 4. That ihe 14«t'i secti'in ot liie British Nortli AineriLU Act, of 1807, provides for the admission olRiipeit's Lund and the N.nth Western Ten-it iry, or fitlicr of tliem, into Unioa with Canada, upon tcrni> und cunditiois to be I'Xpicssed on Address from the Mouse of Parliament .f this Dominion h< l!er Majesty, and which shidi be approved of by the Queen in Council. 5. That it is aci-ordiiuly i'X|K'iiii'iit loaddiess Her Majesty ihat slie would he ^^raciously pleased, l)y and with the advice of Her Most Honourable I'rivv Cmincil, to unite Rupert's Land and the North Wi-sifrn Tcnitoiy with tlie Doiuiniuu of (^iiiada, an I to i;rant to the Parliament of Canada authority to legislate for their future welfare and i;ood government, and expressiiio- ihe '.villininc'ss of Caiiudi to assmae the duties and obliiutions of <;overn- nient and le^islatii'U. i'k That in ihe event of the Imperial G ivernmen' ai^reeins; to transfer to Canada the jurisdiction and control over this region, it would be expedient to provide that tlin legal rights of any eorpoiation, company, or individual shall be re8|)eeied ami placed under the protection of courts of competent jurisdiction. 7. Than upon the transfeience of the territories in question to the Canadian Government the claims of tlie liulim tribes t i coinpen.-.itioii for hi'ids required for purpos.'s of settlement, would be considered and settled in conformity with the equitable principles which have uniformly governed the Crown in its dealings with the aborigines. 8. Resolved also, That in case any negotiation betw en the Canadian Government and the Hudson's Hay Company, for the t<.rininatioii of the rights of the latter entered into in accorilaiice with the Despatch of the 17ih June It'fi.'i, from the then Secretary of Slaie for the Colinies to his Hxcellency the Governor G.iieral, should lesiillinan agreement between them, it is hereby declared that such agieement must l)e siibmitteil to, and sanctioned by the Parliament of Canada before the same shall have any force or etfect whatever. No 3- Governor General Viscount Miinek to the Di ue ot Uuckingliain, 9 September itjGS. ._ No. 3. — Telec.ram —(Received 10 September 1808.) From Governor General Viscount Monck to tlie Dtike of Buckingham. September 1808. Pkivy Council wish to send a delegation to L(mdon to take part in treating with Hudson's Bay Compaiy ; tlav are anxious that negotiations with Company should be postponed till arrival of delegates in Enoland. Please inlbnn ine, by cable, how soon \ou will be ready to receive them; llioy are prepared to go immediately. — No. 4, — Teleouam — (Received 14 September 1808.) From Governor General Viscount Monck to the Duke nf /iiic/ciii^fidiii. 14 Septemlii ]H(i8. K- No. 4. .'^•nvernor Cu'ticral > t ■■r.y.nt Moiiok '•>"t: >uke of :4.->cpt. 18G8. ^ FIND now that, for reasons coiniected with the pul)lie service, deles^ulrs do not wisli to leave Canada till first week in November. Will this suit you .' No. 5. GoTcrnor Gi ucrul Viscoiiiit Monck to the Duke of Buckinglinni. 18 Sept. 18G8. — No. 5. — Tei.egham— (Received 18 September 1808.) From Governor General Viscount Monck to the Duke of Buckuiifham. 18 Septond)er 1808. In consequence of your last message delegates will leave fur England the 7tli October. 1 PAPEIJS RELATING TO RUPERT'S LAND. — No. 6. — Telbgham.— (Received 23 September 1868.) ^ No. 6. From Governor Cieneral \'iscount Monck to the Duke of Buckingham. yZmS.ZX^ to the Duke of 22 September 1868. Buckingham. Deleoates intend to sail from iiciire October 3rd ; tliey trust nothing will aa Sept. i8C8. be concluded before tlieir arrival in England, where they will be due about the 1 3th. — No. 7. — (No. 182.) Copy of a DESPATCH from Governor General Viscount Monck to His Grace the Duke of Jiuckhii/ham and Chandos. Quebec, Canada, 2 October 1868. My Lord Duke, Okceived, -21 October 18(i8.) I HAVE the honour to transmit two copies of approved Minutes of the Priv^ Council of Canada appoint jiig- the Hoiiou'able Sir George E. Cartier, Bamne* Minister of Militia and Defence, and the Honourable W. M'Dougall, c. b., Minister of Public Works, a deli gation from that body, to take part in the negotiations now pending l)etween ller Majesty's Government and the Huds(m's Bay Company, with a view to the annexation of the territory now held by the Company to the Dominion of Canada. I have, &c. (signed) Monck. No. 7. Governor General Viscount Monck to his Grace the Duke of Buckingham and Chandos. 2 October i8C8. ^^^ober '.'"««. Enclosure 1, in No. 7. Copy of a Report of a Committee of the Ilnnourable the Privy Council, approved by t;,n.|. 1, j,, No.". Iiis Excellency tlic Governor General on the Ist October 186U. Tn I'. Committee have iiaii unrler coiisiderati.in a IMemorandiini, ilated 30tli Sciitcmbei iiist., from the Ilcmiunible Sir George E. Cartier, Ban., and tiie Honourable AViliiaih M'Douiii'll, statiiis;- that ihey liine reccivi'd cominunicatioii of the Minue in Coiiiu il appnintiiig tlunn a delegation lo Enij,hmd lo airange witji the Imperial Civernment tli, terms upon uliicli Canada may actjuiie Unjurt's Laud, and expressing their re.idincss to accept that niisBinn. Tiny, liowever, brini: under tlii- notic of the Government tlie terms of tlio recint .Act ol the Imptiial Parliament to enible iJei Majesty " to accept a surrender upon terms of ilie lau'ls, privileges, and lights" ol tlie lliidsiii's Bay Company, wliicli declares thai " Buperi's Land," for tlie piiri u»cs of that Act, "shall include the whole ol the lands iind territories held or clainitd to be lield" by the Company. They also call y.iur E.vccllincy's atteiitinn lo the terms of the British Norih Aiiieric;i Act, wiiiili piovidi s for tlh admission of llupert's Land and tlic Nortli West Teiiitc ry, oi eitlicr of tlic.ii, into the union; ami they rciommended that tliey be uulhorised to anange with the liii|ierial Guveriinicnl lor tiie idiiiissioii of the North West Territory into nnioii with (Jaiiada, ejllici with or without Rupert's Land, as may be found praclicable and expedient. riif tJoiuinitteo advise that the auilioity requested by the delegates be gianted, and that a copy of this INliniite, it appioved by your Lxcelleucy, bo transmitted to his Gri;ce tin Secrcta'y of State Inr the Colonies. (CertiHed.) W. H. Lve, Clerk Pi ivy Council. 440. A 3 1!'^ ncl. 2, in No. PAPERS RELATING TO RUPERT'S LAND. Enclosure 2, in No. 7. Copy of a Repoht of a Committee of the Honourable the Privy Council, approved by his Excelit'Hcy the Governor (leneral on the Ist October 1808. In view of the great importance of the immediate settlement of the Hudson's Bay ques- tion, and in con8ei|uence (if the passage by the Imperial Parliament of the Act 31 & 32 Vicf. c. 105, iind in accordance witii the Despatch of his Grace the Secretary of State, No. 173, and dated 8th August 1808, the Coniuiittec of Council advise that a delegation proceed to England composed, of the IIonouraMe Sir G. E. Carlier and the Honourable Wjlliam M'Dongall, for the piirjiose of arranging terms for the acquisition by Canada of Rupert's Land, such terms to be subject to the approbation of the Governor in Council, (Certified.) IF. II. Lee, Clerk Privy Council. No. ?. Eight Hon. Sir Jolin Young, Bnrt., to Earl Grnnvillc, K.O. 4 June l8Gij. (No. 6o.) — No. 8. Copy of a DESPATCH from the Riglit Honourable Sir John Voung, Burt., G.c. M.G., to tho Earl Granvit/e, k.g. Ottuwii, 4 June 1809. My Lord, (Uoeiived, 17 June 18(>i).) At the instance of the Ministers, I bef^ to forward the enclosed Humble Address to Her Majesty, and other docimients, with regard to the Hudson's Bay Territory, which have been handed to mo at the last moment before the departure of tlie mail. 2. The Ministers consider the matter one of great urgency. I have no time to make any comments on the subject, but the points of moment are stated in the accompanying Memorandum, to which I invite your Lordsiiip's attention. The Memorandum was drawn up by tiie Honourable A. Campbell, tlie Govern- ment laeder in the Upper House. I have, kc. (signed) John Young. Enclosure in Xo. 8, (Translation.) Enclosure in No. 8. To the Queen's Most Excellent Majesty. Most Gracious Sovereign, We, your Majesty's most dutiful and loyal subjects, the Senate and Commons of the Dominion of Canada, in Parliament assenibled, humbly approach your Majesty for the purpose of representinsi', That during the first Session of the first I'lirli iment of tliis Dominion, wo adopted an address to your Majesty, praying ihat yimr Majesty wouhi be graciously pleased, by and wilh the advice of your Majesty's Most "ilonouiahle Privy Council, under the provmions of he Mfilh section of " Tlie British North America Act, 18r.7," and on the ti rnis s|ie(ified ill that Address, to unite Rupert's Land and the North-West Territory wiili this Dominion, and to arant to tl c Purliament ol Canada authority to legislate I'or their future v»elfare and !:ooil government, and assuring your Majesty ol the willingness of the Parliament of Canada To assume the duties and obligations ot jiovernment and legislation as regards those territories. ., . , That our joint Address was duly laid at the foot ol the Throne ; and that your Majtsty, by Des|iattli from the Itight Honourable the Scercuirv of Slat(! lor the Colonies to the (Jovernor Ueiieial of Canada, i:nder date ot 2ard April llinH, signified \our Majesty's willingness to < ,.mi)ly with the piaver of the said Addres^j, but that your jNIajesty was advised that tho requMte powers of fiovernmeiit and legislation ( oiild not ( (uihistenlly, with the existing Cliailei of the Hudson's Bay Company, be transf^ired to Canada, without an Act of Parliament, which Act was sulise(|Uintly passed l;y the Impeiial I'ailianieut, and received your Miijeslv's Assent on the !Ust July 18(18. 'I hat by a' L)t sj)aich, ilated 8th August 1808, trom the Right Honourable the Secretary of Stati' (or the Colonies, the (Jovernor General was iidionned, that in puisuanco of the powers c(.nrertcd by the Aet for the surrender of the I'.udson's Bay Territories to your Majesty, he prop( cd ■■■*S; '% PAPERS RELATING TO RUPERT'S LAND. 7 proposed to enter into negotiations with the Company as to the terms of sucli surrender; wliereupoii, iindtr ituthority of an order of the (iovernor General in Council of tlie 1st October 18(10, the Honourable Sir George E. Cartier, Baronet, and the Honourable William M'Dougall, c.n., were appointed a delegiition to England, to arrange the terms for the acquisitiim by Canada of lin|iert's I-and ; and by another Order in Conncil of the same date, woie authorised to arranue for the admission of the Noith West Territory into union «itli Canada, either with or williout Rupert's Land, as might be found practicable and expedient. That the delegates procce(ied on their mission 10 England, and entered into negotiations with his Grace ihc Duke of Buckingham and Chaiidos, then Secretary of State for the Cohinies; iind aftciuards with the llight Honourable Earl Granville, his successor in office, for the ac(|uisition by Canada of the ttriitorial and other rights claimed by the Hudson's Bay Company in Uupi'rt's Land, and in any other part of British North America not comprised in Rupert's Land, Canada, or British Columbia, That terms of agreement were condition- ally assented to by the delegates on behalf of tlic Dominion, and on their return to Canada were submitted, with a report, dated 8th May 18fi9, which was approved by his Excellency the Governor General in Council, on the 14ili day of the same month. That we humbly deem it expedient to aicept the transfer of the territorial and other rights oClhe Hudson'ii Bay Company in Ruperts Land, and in any other part of British North America not comprised in Rupert's Land, Canada, or British Columbia, on the terms conditionally agieed to on behalf of the Government of Canada by the Honourable Sir George E. Cartier, Baronet, and the Honourable William M'Dougall, c.iJ. ; and on behalf of ilu," Hudson's Bay Company, by Sir Stafford H. Northcote, Governor of that Company, and approved by his Excellency in Council as aforesaid, which terms are set forth in a h tter irom Sir Frederic Rogers, under Secretary of State for the Colonies, of the 9th March 1800, communicated to the dclo;^ates by direction of Earl Granville; and in two subsequent Memorandums, dated respectively 22nd and 29th March 1869, containing a modification of such terms, andaiein the words and figuies following: Tkums as stated in the Letter from Sir Frederic Rogers, of 9th March 1809. 1. The Hudson's Bay Company to surrender to Her Majesty all the rights of government property, &c., in Uujjcrt's Land, which are spi cified in Ul &- 32 Vict. c. 105, s. 4; and also all similar riiihts in any other part of British North America, not comprised in Rupert's Land, Canada, or Uritisli Columbia. 2. Canada is to pay to the Company 300,000/. when Rupert's Land is transferiod to tiie Dominion of Canada. 3. Till! Coiiiijaiiy niay, within 12 months of the surrender, select a block of land adjoining each (jl its afations, within the limits specified in Article 1. 4. The size of the blocks is not to exceed acres in the Red River Territory, nor 3.000 acres beyond that territory, and the aggregate extent of the blocks is not to exceed 50,000 acres. 5. So far as the configuration of the country admits, the blocks are to be in the shape of parallelograms, of which the length is not nore than double the breadth. 6. The nudson's Bay Company may for •'50 years after the surrender, claim in any town- ship or district within the Fertile Belt in which land is set out for settlement, grants of land not exceeding l-20tli pait of the land so set out. The blocks so granted to be determined by lot, and tli(! Iliulson's Bay Company to pay a rateable share of the survey expenses, not exceeding an acre. 7. For the purpose of the present agreement, the Fertile Belt is to be bounded as follows: on the south by the United States boinidary ; on the west by the Rocky .Mountains; on the north by the northern branch of the Saskatchewan; on the east by Lake Winnipeg, the Lake of the Woods, and the waters connecting them. 8. All titles to land np to the 8th March lB(i9, conferred by the Company, are to be confirmed. 1». The Company is to bo at liberty to carry on its trade wi- out liindranc3 in its corporate capacity, and no exceptional tax is to be placed on the Company's land, trade, or servants, nor any iinpori duty on goods introduced by ihem previous to the surrender. 10. Canada is to take over the materials of the electric telegraph at cost price, such price ineluding transport, but not including interest for money, and subject to a deduction for ascertained deteiiorations. 11. The Company's claim to land under agreement of Messrs. Vankoughnet & Hopkins to be withdrawn. 12. The (letads of this nirangemcnt, including the filling up the blanks in Articles 4 and 0, to be settled at once by mutual agreement. 44". A 4 ( i lili' i ili- PAPERS RELATr-rG TO RLTERTS LAND. Mbmoranddm. Details of Aobeement between the Deleacati's of the Government of the Dominion and the Direttors of the Hudson's Bay Company. 1. It is nnilt'isioiKl tliiit in surremleriniy to Her Mnjesty all the rights, &c. of the Company in any pari of Britisii North America not comprised in lUipcrt's Land, Canada, or British Cohtmbia, the Company ate to retain the |>osts they actually occupy in the North West Territory. 2. It is understood that it will be a sufficient act of selection under Article 3, that the Company slioid I, within 1-2 months, name the number ol' aciea which they will require adjoining e;\ch post. Tlie actual survey to be proceeded with, with nil convenii'nt speed. 3. It is understood that in tin- Red River Sittlemeiit the size of the bloeks to be retained run. id Upper Fort f-iarry shall not exceed (10) acres; iind that round Lower Fort Garry shall not excetd (UOO) acres. 4. It is understood that a list of the stations round which the Company will require blocks of liind, with the size of the blocks they will require, shidl be made out forthwith, and coin- municiited to the Canailiiin Ministeis. 5. it is understood that Article 6 shull be construed to mean that the blocks shall from the river or road, by which means of access are provided, and shall be apprnxiinaiely in the lorm of paiullelograms, ot which the front ige shall not be more tlian half the d>'pth. 0. It is understnod that the Company may deter the exercise of their riijlit of claiming their i roportion of (ach tDwiislii)) for not more than 10 years after it is set out, but their cbiim must be limileil to an allotment from the lands remaining unsold at the time they declare tlieir intention to make it. 7. It i-^ understood that the blank in Article (i. shall be filled up with eight cents. (Canadian). 8. It is understood th.it any claims ot Indians to cuuipensation for lands repaired for purposes of seitleinent shall be disposeil of by the Canadian Government in cuinumnica- tion with tlie Imperial Giivernment, ami that tlie (.'onipany shall be relieved of all responsi bility in respect of them. atnff'ord II. Northcote, G. E. Carder. 22 March 1801). W. RrDowjall. ; Memorandum of n further Aokkemknt between Sir Geo. E. Cartier and Sir Stafford Xovthcute. Inasmuch as t'.e noithern tiranch of tiie Saskaichewan River is the northern boundary of the Feitile Belt, and iheretbre any land on tlic norlliern bank is not within the territory of which the Company are to h ive one-tvvinueth part, it is understood that in furnnng the townships abutting on the nort. ern bank the Company sii dl be at liberty to take their one-twentieth of any siicli towiisi.ips, givins^ up to the Canadian Dominion an equal quantity of the portion of lands comin;; to iheni of townships established on the southern bank. It is understood that the townships on the northern bank shall not, for the above purpose, extend more than five mdes inland from the river. It is understood that in laying out any public roads, canals, &c., throiigii any lilock of land reserved to the (Jompany, the Canadian Government may take, without compensation, sucli land as is necessary for the purpose, not exceedini; one twentv-lltlh of the total acreage of tlie block, hut if tlie (Janadian Govern- ment require any lami whio is actually under cultivation, or which has been built upon, or which IS necesarv tor i;ivin'i the Company's servants access to any river or lake, or as a frontage to any river or lake, tiiey shall pay the Company the tail value (d' the same, and sbail make eoin[)eiisation lor any injury done to the company or tiieu' seriants. It is understood that the whole of the land to be a|)propiiati d within the iiieaning of the last precidinn clause shad be aiipropriated for public purposes. Geo. E. Cirti'T. London, au March 1 800. Utajjord II. Northcote, That we Icarii with satisfaction, l)y |.|t''r from the Under Secretary of Stafo for the Colonies of ilie Otii March last, that in fulfilment ol' the expeciaiions held out in Mr. Cardwell's l)es|)acii of 17th June Illli,'), your Majesty's fiovernment will lie preiiared to propose to Partiainent that llio Imperial gn irantee lie given to a loa i of :J()(),000 /., the amount which is |>r''pos d to be paid over by Canada ou the transfer of the Company's rights. That •^ PAPERS RELATING TO RUPERT'S LAND. ^ Tliut upon the transference of the lerritories in question to the Ciiiiadian Government it will be our duty to make iulequatc provision for the protection of the Indiun tribcsi, whose interests and well-being !ire involved in thn transfer; and we authorise and empower the Governor in Council to arrange any details that may be necessary to carry out the terms «nd conditions of the above agreement. We till rt'fore m(-st Lumbly pniy that your Majesty will be graciously pleased, l)y and with the advice of your nio^t liononrablc Privy Council, under the 14(itli clause of "The Britiali North Aiiitrica Act, 1807," and the piovi-iioiis of the Imperial Act, 31 & 32 Vict. c. luo, to unite Rupert's Land on the trrms u:ul conditions expressed in the foregoing rt'solutions, and idso to unite (he North Western Territory with the Dominion of Canadii, as prayed for by and on tiie terms and conditions contained in our joir! nddress, adopted durmg the 6r8t Seiision of tlie first Parliament of tins Douiinion, and hereinbefore referred to. The Sena'e, "j^ Monday, 31st May 18C0.J House of Commons, 1 Ottawa, •2t)th May 1869. J (signed) (signed) Joseph Cauchon, Speaker. James Cockburn, Speaker. MEMOHANnt'.M by the Honourable Alexander Campbell. 1. To draw attention to the concliMiing p;iray:raj)h of.-ectioii 3, chapter 105, 31 &,3-2 Vict. which requires an Order in Council admitting the newly-acqnired teirilory, under the name ofRupert's I.iind, into ilic Dominion of Canada within one month of the acceptance of tite terms liy Her Majesty. 2. To ask tliat the acceptance of the terms by the Government and Parli.iinent of Canada be signified by the Secretary of State for the Colonies to the Hudson's Bay Company, as required by the lesolution of the Company communicated to , Sir Frederic Roi;cis in Sir Stafford Nortlicote's letter of the loth of April ISliO. 3. To move Her Majesty's Guvernmeiit to take steps duiing the present Session of Par- liament lo procure authority to give the guarantee of the Im|ierial Government for the sum to be paid by Canada to the company. To His Excellency the Uiglit Honourable Sir John Young, Barf., one of Her Majesty's Most Honourable Privy Council, Knight Grand Cross of the Most Honourable Order of the Bath, Knight Grand Cross of the Most Disiinguished Order of Saint Michael and Saint George, Governor General of Canada, &c. &c. 8tc. May it pleaHfi your Excellency, We, Her Majesty's dutilul and loyal subjects, the Senate and Commons of the Dominion of Ciinada in Parliainei.t ussemlded, beg leave to approach your Excellency with respect'"' ^i . n • • ... pmyir Honouratile fiivy v^„u.., ,. u..i.>.. ,,.t i-..,ni i,inunt.- ui mc j lB67,"and the provisions .k Hndsoii Bny authorities on behalf of Canadian Govtmment for leave to survey hinds for settlement before actual transfer, so as not to lose season. Explu nation by post. No. g. Right Hon, Sir J. Young, Bart., to Earl Granville. 19 June i86g. That 440. B 10 PAPERS RELATING TO RUPERT'S LAND. ■t ■ill !i;t No. 10. Governor General SirJ.Young,Bart., to Earl Granville, x.o. a July 18C9. Copy — No. 10. — (No. 73.) of a DESPATCH from Governor General the Right Honourable Sir Jo/in Young, Bart., g.c.m.g., to the Earl Granville, k.o. Government House, Ottawa, 2 July 1869. My Lord, (Received, U July 1860.) At tlie request of the Ministers, I have the honour to transmit, for your Lord- ship's information, copies of the messages sent by me to Parliament during last Session, conveying the reports and representations and correspondence of the Honourable Sir(jcorge K. Carlier, Bart., and the Honourable William M'Dougall, C.B., who were appointed delegates by the Canadian Government, to confer with Her Majesty's Government on a variety of subjects. Tlie stay of the delegates in England was extended over several months from autumn of last, to the spring of this year. I have, &c. (signed) John Young. „i! ;i K V \ Kndoiure in lio. 10. Enclosure in No. 1 0. Rupert's Land and the North-West Territory. Message. Jolin Young, The Governor General transmits, for the consideration of the House of Gonimons, the Rejiiiil 01' tite DeleB at the Coloiu I Oflice, were invited by his Grace the Duk'' of Ruckingham and Cliandos, then Secretary of Stale for the Colonies, to visit him at Stowe, for the purpose of discussing freely and fully ihe numerous and difficult questions which were involved in the transfer of these PAPERS RELATING TO RUPERT'S LAND. 11 ^^ if these great territories to Canadn. We found tlmt his Grace Iind niready made some frogress in liic preliminaries of a negotiation (under ilie Act 31 & 32 Vict. c. 105) with tlie ludson's Bay Company for tiie surrender to Her Majesty of tiie territorial and politik:aI rights which they claimed in Rupert's Land. VVc olijected very earnestly to some of the demands of the Company which were communicated to us by his Grace ; but nCter much conHideration and important niodificHtions of tiie Company's demands, we agreed that if they would surrender tiie territory on tlic conditions which his Giace proposed, we would recom- mend the acceptance of these conditions by the Cnnadian Governnient. The Duke of Buckingham's proposals will be found in the loiter of Mr. Adderley, of the Ist December 1808, adilressed to tne G"voriior of the Hudson's Bay Company. ConBiderable delay in the negotiations was occasioned by the retirement from office of the Duke of Buckin. My Lord, Do\niiiigPlreet, 18 January 1808. I HAVE received .\uur Dispatch, No. lo7,*of the -ilst of December, nccom- panied l)y an A(ldre>s to II( r Majesty fiiiiTi bolh Hon^ses of the Canadian Purlianieiit, proposiiiu; the aiinexntion ol I'rince Rupert's Land find the North West Territory to the Dominion of t'anada. 1 have al-o received your Loidship'a snhsequint Desj aleh, No. 1,1 of the Ist of January, i ucl isin;^ Resolutions adopted by tlie two llousts, on the ?am ; subji ct, and an approved Minute of the I'rivy Council. Tiiese j)roceedings will receive tlie early and serious attentiin of Her Majesty's Confidential Advisers. The decision of Her Majesty's Governnvnt u ill be communicated as early aa j'ossille, but tlie consideration by them of so important asuliject will nicessarily occuiy a short lime. I h a ve, &c. (signed) Buckingham and Chandos. (No. 7fi.) — No. 2. ( oi'v of a DESPATCH from His Grace the Duke oi Buckwgham and ('handos to (iovernor General Viscount Monck. My Lord, Downing-street, 2.3 April 1868. I HAVE already acknowledged, on the 18th of January, yuur Lord.shfp'a Despaleh, No. 107,| ( f the 21i?t of December, tranisuiitting a joint Address from the k?enate and House of Commons of Canada, to Her Majesty, prayinji the annexation to Canada of Rupert's Laud and the North West Territory. Your Lordship will have the goodness to inform the Senate and House of Common* that their Address has heen duly laid ijofore the Quecu. Her Majesty's (iovernuunt will he willing to recommend a compliance with the prayer of the Address so soon as ihey shall be empowered to do so with a just ngard to the rights and interests of Her .Majesty's subjects interested in those territories. They are advised, however, that tlie requisite powers of Ciovcrnmint and legislation cannot, consistently with the existing Charter of the Hudson's Bay Company, be transferred to Canada without an Act of Parlia- ment. IJeibre such an Act can be obtained, it is necessary to consider the position of the Hudson's 15ay Company. The Company lia\o held their Charter, and exercised jirivileges conferred by it, !( r 200 years, including rights of government and legislation, together with the projierty of all the lands and precious metals ; and various eminent law officers, consulted in succession, have all declared that the validity of this Charter cannot justly be disputed by the Crown. I have, on behalf of Her Majesty's Government, called upon the Company to state the terms on which they would be prepared to surrender to the Crown whatever rights they have over the lands and precious metals, including the rights of government, with tlie intimation that no ])resent payment in money will be made to them, but that in the transference of their rights to Canada they might have a reservation made to them of defined portions of land, and of a share J and ■i PAPERS RELATING TO RUPERT'S LAND. '3 a sliiuo of the future proceeds of the lands ami precious nutals of the territory, up to a certain fixed nniount. ) enclose copies of the letters whicli have passed, up to the present lime, ""'I'o,,-.,, copies betwcL'U the Company and this Departiiieiit, upon this subject. I purpose to introduce a 'n>' '->: authorising any arrangenion of defining the territory over Bill into the Imperial Parliament, with the view of /"'i/"^^^''^?"-, t which may be effected o i the basis thus indicntfd ; -i'^ZJ?.''"''- '^ nvhich it extends, and authorising the subsecpieiit /»?j^^q5j-~,^ iHiisfir to tilt! Canadian Government of thf rights and jiowers to he acquired by ''.,/„, the Crtvvn in respect to Government nnd property, in accordanci' with the ^* ^ prayer of the Address. With respuct to the North West Territory, thu same obstacles do not exist to the tiansfer of the greater part by tlie Crown to Canada at the present time, subject to pvojier resiTvations of the rights and property of Her Majesty's subjects now settled therein, and for the protection of Her Alajesty's Native sul)jects ; -but 1 apj)reheiKl that while it remains separated from Canada by the Hudson's Bay Company's territory, 8lill under the Company's government, it will not \)e the desire of Canada to undertake the government of this more remote country. A portion of the North West Territory immediately adjacent to Briiisli Columbia, I am of opinion that it will be nee'^ssury for the public ad- vantage to retain in ihe possession of the Crown, with a view to its incorporation witli British Columbia. I have, &c. (signed) Buckingham and Chandos. V.OiH, P'gtJT "»Sff -m — No. 3. — (No. 175) Copy of a DESPATCH from His Grace the Duke of Buckingham and Cliandos to Governor General Viscount Monck. My Lord, Downing-street, 8 August 1808. I II WE the honour to transmit to you, for your Lordship's information, the oncloseil eopy of an Act* of Parliament conferring powers for the surrender to Her Majesty, by the Hudson's Bay Company, of their tnitories and privileges. Ill pursuance of the powers conferred by this Act, I propose to enter into nei^otiations with the Hudson's Bay Company as to the terms on which they will surrender their rights, and shall not fail to keep your Lordship informed of the conise of such negotiations. I have, &c. (signed) Buclcingham and Chandos. No. 3. His Grace the Tliikc (if Bucking- ham and Chandos to Govcrnof General Viscount Monck. 8 August i86!5. • Imperial Act, .31 & 32 Vict, c. 105. Clauso 140 of tills Act is printed as Appcnilix 1., ]). OS. — No. 4. — Ti:LEGRAjf from His Grace the Dnke of Buckingham .nd Chandos .to Viscount Mo7ick. r , „ , „ 17 September 1888. I SHOULD have preferred an wriier date. I cannot defer negotiations with 'inle'" ' ^^ <-"'»P'»ny. but probably the settlement of terms will occupy some No. 4. His (iriicu the Diiko i)f Bucking- ham and Ciianilos to Viscount Monck. 17 Sept. i8Cf, 440. ^S s 14 PAPERS RELATING TO RUPERT'S LAND. No. 5. Earl Granville, K.O., to the Right Hon. Sir John Young, Bart. 10 April i86g. ¥ i H, !i; li 1! It «»tFi^u, (No. 64.) — No. 8^ — Copy of a DESPATCH from the Earl Granville, k.q., to the Right Honourable Sir John Young, Bart., g.c.m.o. Sir, Downing-street, 10 April 1860. The proprietors of the Hudson's Bay Company liave considered, at a special meeting, the terms on which they have been invited to transfer their territorial rigiits to the Dominion of Caiiuda, and I enclose the copy of a letter addressed to me by Sir S. Northcote, from which you will perceive that these terms iiave been acceded to. You will observe that the Governor and Committee of the Company are authorised to concur in all such measures as may be found necessary for efl'ecting this transfer, and for securing to tiie Company all the rights and reservations to wiiich they will i)C entitled, provided that tlie acceptance of tiie terms by the Government and Parliament of Canada is duly signified to them within six months. I trust that this acceptance may be confidently anticipated, and that by it an opening will be made for extending the benefits of a regular Government to those British subjects who at present occupy the Cotnpany's territory, for settling the tracts of fertile land winch lie in the centre of the Continent, and for tlic consoli- dation of British North Aimrica under one Central Government. On one point, wliicli has not been hitherto touched upon, I am anxious to express to you the expectations of lier Majesty's Government. They believe that whatever may have been the policy of the Company, and the effect of their chartered right upon the progress of settlement, the Indian tribes, who form the existing popubition of this part of America, have profited by the Company's rule. Tliey have been protected from some of the vices of civilisation ; they have been taught, to some appreciable extent, to respect the laws and rely on tlie justice of the white man, and they do not appear to have suffered from any causes of extinction beyond those which are inseparable from their habits and their climate. 1 am sure that your Government will not forget the care which is duo to those wiio must soon lie exposed to new dangers, and, in the course of settlement, be dispossessed of the lands which they are used to enjoy as their own, or be con- fined within unwontedly narrow limits. This question had not escaped my notice while framing the proposals which I laid l)efore the Canadian Delegates and the Governor of the Hudsim's Bay Company. 1 did not, however, then allude to it, because I felt the ditlicidty of insisting on any definite conditions without the possibility of foreseeing the circumstances under which these conditions would be applied, and because it appeared to me wiser and more expedient to rely on the sense of duty and respon- sibility belonging to the (iovernment and people of such a country as ('anada. That (government, I believe, lias never sought to evade its obligations to those whose uncertain rights and rude mi-ans of living are contracted by the advance of civilised man. I am sure that they will not do so in the present case, but that the old inhabitants of the country will be treated with such forethouglit and consideration as may preserve them from the dangers of the approaching change, and satisfy them of the friendly interest which their new governors feel in their welfare. With the expression of this hope, I will close my Despatch, merely repeating my sincere desire that the annexation of this great territory may be speedily accomplished, and may bring to the Dominion all the advantages which the statesmen of Canada not unreasonably anticipate. I have, &c. (signed) Granville. tl i PAPERS RELATING TO RUPERT'S LAND. — No. 6. — (No. 132.) Copy of a DESPATCH from the Earl Granville, k.o., to the Right Honourable Sir John Young, Bart., q.c.m.o. Sir, Downing-street, 25 June 1869. .o ..u.. With reference to your telegrum of the 19th instant,* I have to inform you • Page 9 that the Governor of the Huilsun's Bay Company, to whom I forwarded a copy of it, has stated that tiie Company have no objection to offer to the immediate commencement of the survey of land.s for settlement. I have, &c. (signed Granville. No. 6. Earl Granville, K.O., to the Right Hon. Sir John Youn^, Bart. 35 June i86(). — No. 7. (No. 157.) No. Copy of a DESPATCH from the Earl Granvillt, k.g., to the Right Honourable g^^, Granvil'le, Sir /. Young, Bart., g.c.m.g. k.o., to the Right Hon. Sir J.Young, Sir, Downing-street, 10 August 1869. Bart^ o.c.m.o. I 8BNT on the 10th instant, at 5.50 p.m., a telegraphic Despatch to you in '° "^"°' * ^' the following words : — " Canada (Rupert's Land) Loan Bill passed to-day. Copy shall be sent. Acquaint Mr. Rose." I have, &c. (signed) Granville. 440. B4 iG PAPEIlvS RELATING TO RUPERT'S LAND. Correspondence belneen the Fhulson's Ray Company and the Colonial Ollice. ■; i ' # No. 1. Rigl.t Hon. Sir E Head. Dart., k.c.d., to Hia Grail' the Duko of Buck- ingham und Chaii- (Io«. 15 Jan. iSfi8. — No I. — Copy ( f ji l-ETTEK from the Riglit Hon. Sir E. Head, liait., k.c.u., to Hi» Graie tlie Duke of linckin^ham and Vhamhu. Hudson's Bay House, London, My Loi'd Duke, 15 January 180H. In adilif;-siiif; tliis lettt-r to your Oiace on Ix'half" of tin- Conunittec of tlie Hudson's Hay ("oinnHny, 1 tliink that «»me a|>olot»y Is iieci's.sary for antici|)iiting tlic oil fiiil ii.iiiniiiiiiiatioii fintii tlie Colonitd Office, of the rcstdutioiis ])a!i-('(| in tin Parliament of Canada, as well us tlie Address to \w fnnnded upon tiitiii ; Imt as from tlie tunc if tin- debiite in tlie Canadiati Parliaiiu'nt, and from tlu' tonus of tin; itsolntions [itisst il tliere, it is inanil'istlv llie object of tliat Pajli.inient to liavc the power to estaldi-li in llie Dominion of ('anada, including the territory of Hupert's Land, coiiits ^^llieU shall have jurisdiction in all matters arising in any part of Hriii-li North Ami rica, and thus to <;ivu power to the tiib'inals so constituted, to I'eteimine ujion the rii;hts claimed by this ('onii)any iinticr their Chatter, a couisc of jiio( eediity which this Committee considi r to he so injurious to the inter si' of till' Hudson's Hay Conipany, they are desirous to bring the matter hefore your Grace, sind to submit their views upon the subject to Her .Miijest)'s Govertimctit, hefore any assent is given, or (leteiinination come to. In reference to Her Majesty's appioval of the piopostd a(linis.sion of Rupert's Land into the Unioti of British North .Vitierita. I i)e;i to reitiiitdyout (irace that the riyhts nf this Company under their Charter have at vaiions times been Itrought tnii'r the consideration of the Government, and that the result of tliose liis itssions nas been a cleir and distinct recognition, on the part of the Crown, that the gemiral validity of the Charter cannot now be called in (jui stiiii, and in ])ariietilar that the territorial ownershi|) of the lands granted by the Charter, and the rights necessarily incidental thereto, tnust now be considered as \alid. It is true that cjiiestions hiive from lime to time been raised iti Canada as to the extent ol the territory claimed by tins Company uniKr their Charier, and in some respects its to other rights whicli the Chartei' coolers; but while Her Miijcsty's (Mivrrnnieiit have at all times declined lo be any party to proceedings on the sid)je( t, the opportunity has always been afforded to the authorities of Canaila to iiiing uticil — a course to "hich this Cotnpany have always been i>rei)aied to accede, atni which appears to be the only lejiitimate mode of deciding ilieir rights, if they are to be calleil in question. The Canadians have altogether abstained from availing themselves of the opportunity thus afforded them, Imt it is now obviously the object of the Canadian Legislature to secure to tribunals of their own tioniination the decision of those rights. I may lieie slate that, so far as the mere political powers granted by the Charter are concerned, such as the rights of governtnent, taxation, or exclusive administration of.jusiice, the Company have long since expressed their willingness that these powers should be vested in officers deriving their authority directly from the Crown; but before any such poweis can with j istiee be transferred to the Colonial Government, I submit that the extent of the territorial rights of the Compi'uy should either be fully recogtiisc d, or that if the Canadian Government are desirous of jtrocuring those rights for the benefit of Canada in general, they should, in the first instance, arraujie with the Hudson's Buy Company the terms upon which tliey should be so acquired. But should the Canadian Legislaturo still disire that any judicial investigation into the territorial rights of the Company should take place, such in(|uiry &hould PAPE1!S REI-ATING TO RUPEUTS r.\ND. 17 ipany Le reforreil to t\w Judiciul Committee of the Privy ('ouiicil, in ncoordnnco with the opinion of tlie Law < 'fliccrs of tite Crown, f,'iv('n so lon;^ ago as July lHo7, as the only trihnnul to which ouy;lit 10 he (h'ie^'ato7, l!^' t>tQ accompanied hy a copy of the Address to Her Majesty from the Senate and "-^-i?^.^. ' Coratnons of Canada, praying that steps may he taken for uniting llupert'8 ^~"^ Land and the North West Territory with the Uoininion of Canada. I have, &c. (signed) T. Frederick Elliot. — No. 3. — Copt of a LETTER from T. Frederick Elliot, Esq., to the Right Hon. Sir , „ S?' Pv E. Head, J^.rt.,K.c.u. ll^Si;. Sir, Downing-street, 18 January 1808. ^'J^' "**''• """• I AM directed by the Duke of Buckingham and Chandos to acknowledge the ,9 January 1868. receipt of your letter of the 15th instant,* relative to the proceedings of the • Page iC Canadian Parliament on the subject of the Hudson's Bay Company. I am desired to state that the subject of this letter will not fail to receive the careful consideration of Her Majesty's Government. I have, &c. (signed) T. Frederick Elliot. — No. 4. - Copy of a LETTER from the Right Honourable Sir F. Head, Bart., k.c.d., to His Grace the Duke of Buckingham and Chandos. No. 4. Rinht Hon. Sir E. Head, Bart., K.C.B., to His Grace the Duke of Biiekingliara and Chandos. w , J n I, Hudson's Bay House, London, J«y Liom L>uke, 26 Jaimary 1888. nnu i^nanuos. I HAVH the honour to acknowledge Mr. Elliot's Letter, of the 18th instant, ^^a January 18G8. enc osmg a copy of Address to the Queen, forwarded by the Governor General ot Canada, and to thank your Grace for communicating these papers to the Hudson 8 Bay Company. On this Address I beg to request your Grace's attention to the followimr observations on behalf of myself as Governor, and the Committee of the Com- pany. 1. It seems necessary, in the first place, to distinguish the two classes of 440- C rights "^ i!. ! .= '. \ 1 I lOH."'' \* 4oV Sit Sir •16 Pago 08 of tliis I'ajicr. foS^.V iftlft" 1 8") ' ' ' \, Quo' i8 PAPERS llELATING TO RUPERT'S LAND. riffhts conftrred on the ('onipany by tlie ("barter. Some of tliese are, uo doubt, of ii public or political character, sucli as belong to a proprietary Goveriiint-nt ; but others are [jraciicelly of a private nature-, such as miglit have been vested in an\ inilividuai subject, or any jjrivate corporation, clothed with no public functions of any kind. Of I Iiese latter, it is only necessarv at present to refer to the right of privivte property in the soil, and iii the mines and minerals. the too, 2. It may lie that the pulilie or political rights of the Company, are, in Charter, ill-dctinni, and of doubtliil oxpedieney at any time. It" may be, as tiie Law Olliccis in th( ir letter of 1.S57 ajipear to hint, that for any effectual exercise they rccpiire the aid of the right of jtrivate projierty, as vested in the Company by the same instrument. 3. The Committee need soarcely remind your Grace that so far from opposing a resmiiiiiion by the Crown of the political powers of the Con)j)any, almost the first important step tiiken by them in 18(1,3, was the adoption of the following re->olution ; — " Resohed, tliat the time has come when, in the opinion oi this Committee, it is exix'dieiit that the authdrity, executive and jiidieial, over the Red River Sett lemi ut, and the soulh-we-tern portion of Rujjert's Land, should be vested iu otiieers deriving such authority directiy from the Crown, and (jxercising it in the name of Her Majesty. "That the (Governor be empowered to communieato this Resolution to his Grace the Duke of Newciistle, and to discuss tin; subject with him, or willi the Under S( cretary of State for the Colonies ; reporting from time to time to this Committee tlnreon." 4. In the correspondence which ensued with the Colonial Office, it appears to be implied on the part of his Grace the Duke ol Newcastle, that the fact of the right of private projierty iu the soil i)eing no longer jwssessed by the Crowa, was one of the chief olistacles to a coniplianco with the suggestion made in the ahove Resolution. If this !«■ so, the very fact of making this objection involves an admission in favour of the Coinijany. Most assureilly, if the Crown had alienated its right of property in the soil and minerals of the Hudson's Bay Territory, it liail granted it to no other party than the Hudson's Bay Company, and by uo instrumeut other than the Charter of Charles II. 5. In Mr. Fortescuc's letter of 11th March 18fi4, an offer of a contingent money payment, as the consideration for the cession of the territorial rights of the ( ompany, was distinctly made by the Secretary of State. The proviso inserted in the postscript to that letter will be adverted to afterwards, and had rel'erence only to the 8iii)posed rights of Canada. 6. It is unnecessary for the Committee to refer to the undisputed enjoyment of these rights, at any rate since the time of the Treaty of Utrecht. 7. In addition to all this, it remains to quote tlie express words of the Law Onicers, in their letter of 1857, already referred to. They say, " In our opinion the Crown could not now, witii justice, raise tiie question of the generid validity of the Charter; but that on every legal priucijjle the Company's territorial ownership of the land? granted, and the rights necessarily incidental thereto, oujiht to be deemed to be valid." Moreover, in a passage alluded to above, the Law Officers imply indirectly their belief in the validity of this right of private ])roperty, when tlioy say that " rights of Government, taxation, exclusive administration of justice, or exclusive trade, otherwi>e than as a consequenco of tlie right of ownership of the land, could not legally he insisted on by the Company." What other opinions of the Law OHicers of the Crown may be found in the records of the Colonial OHiee it is not for us to say, but the evidence given by the Right Honourable Edward Ellice before the Committee of 1867, as to the opinions taken by him both for and against the Company, is well worth referring to. 8. One other point is a mere teclinicality, no doubt, but it may be worth observing that the title of the Company to their land is an Bii|irlish title, siuoe it is granted " to be liolden as of the manor of East Greeuwicii, in our county of Kent, in free and common soccage." 9. The Committee do not intend to impute to the Parliament or the Ministry of PAPERS RELATING TO RUPERT'S LAND. '9 It :'v;J: of Canada, any deliberate intention of violating such rights of the Hndson's Bay Company as they admit to exist, but it must l)e remembered that a tljcory has been started, and is rfferred to in the debate on ibis Address, by which (he admissions of the English Government, and the opinion of the English Law Officers, as to the right of ownership in the soil, are directly ntgatived. It has been s^uppi'scd, we bt^iievc, tl)at Friince was in possession of these territories, or a huge iiortiim of them, when the Charter was granted ; that they wore there- fore within the I'.xcrption wliieh that Chartir contains svith legard to territories belonging to iiny other Christian prince; and that tiiis French title nmaimd good, and was transferred to tiie English Crown, with Canada, at the final cession of that Province by France 10. This is not the i)laee for entering on a discussion of the facts and law involved in this argument — an aigunient, as we have said, inconsistent wiih the continued recognition of the Company's rights in various ways bv the Knglish Government, and their legal advisers, for a long series of years; but if this objection to the Company's title shall be presented in a tangible form before a proper tribunal, the Hudson's Bay Company will be quite ready to meet it, and demonstrate its futility. 11. Ihe very existence, however, of such a theory in the minds of the Canadian Ministers, or the Canadian peojde, is a suftieient reason why, in justice to the Company, it should be set aside, or its truth or falsehood should be conclusively t( sted, before their rights of property, under the Great Seal of England, and, in fact, iheir future existence, are placed under tlie leuislaticm and the absolute control of Canada. 12. The Committee cannot but feel that t' e ComjKiny has already had great reason to complain of the course pursued during the last lew years. In •1.SG5 the Canadian delegates sent to diis country to promote the scheme of confedera- tion scdemnly " undertoDok" with Mr. Cardwcll to negotiate with the Hudson's Bay Company. The answer given by the Committee was, that they would be ready to consider any proposal. The fact of this undertaking was recited aaain in a subsequent letter as a reason why no other step should be taken. No nego- tiation, however, was openc d, and in 18GC the Canadian Council resolved that such negotiation must devolve on the Ciovernment of the confederation when constituted, rather than on the Government of Canada. This was confirmed by the resolutions of the dt legates in England of 3rd April 18(>7. After all, when the Conl'eder.itifm is formed, and its Parliament has met, resolutions are fiassed, and an Address to the Queen is adepted, praying that the powers of cgislaiion and Go\ernment over the Hudson's Day Territory, and the Noi'th Western Territory, may be conveyed to ('anada first, and that the judicial deci- sions or negotiations as to the Company's rights should take place afterwards. 13. We de-ire in the first place to remark, tliiit this inversion of the order of proceeding is entirely contrary to the expectation raised by the acts of the dele- gtitt s, and by the eommuidcatioiis from the Colonial OHlee to us. We may nave erred in thinking so, but certainly wo eouceiveil that the negotiations, nvhich the delegates in IHO.") undertook to initiate, were intended under the Act of last Session to form the preliuiinary step for transferring the supreme control to Cimada — not to follow after such tnuisfer, with ail the disadvantages to the Company which must thus ensue from the chan>:e of the relative position of the partii'8. It would appear, too, fnmi a passage in ii speech of the Honoural)le Mr. Holton in the Canadian Parliament, as reported in the " Canadian News," as ])er extract herewith, that the Committee were not the only parties who sup- posed this to be the inlentiou of Government. Thi' Committee moreover thought that it was expressly in anticipation of this orii^inal undertaking to negotiate being thus carried out, that the Secretary of Stale for Ihe Colonies intiimited his wish in the following terms, that the Com- pany should ai)slaiii from any otiier arraiigenients likely to interfere with the views then eni(>riiiiued. " It is of course for the Hudson's Ray Company to consider for themselves ■what course is most proper and conducive to iheir own iniercsts. But it ap|)ear8 to l.'ird Cariuirvon that any eflVetive negotiation being lor the motiient impossi- ble, it is for the intere.-t of both parties that the que>tion should remain open fur arrangement so soun us uii authority exists capable of dealing with it on the 440. a pnrt ^ee posts Piiges 08 niid 72 of tills Paper. ^^l". I'll' ,'.?% I'ligc 71! of this l'ii|)cr. 20 PAPERS RELATING TO RUPERT'S LAND. ^<^'::b" Cft- 30 &»^ -V'lcV 1'^ I'll I part of the Colony or Colonies interested. He .vould tlierefore regret to learn tliat the Conipimy contemplate any immediate action whicli was calculated to embarrass the nenotiations, which would then become possible, and which in the opinion of the executive council it would i)othe duty of the Confederate Govern- ment to open. 14. The Committee felt no anxiety respecting the wide powers of transfer coutetred on the Crown by the Act of last Session, because they did not believe that their rights of o\vner!-hip in tiio soil and mincraals could be afTected by it; and l)ecausi' after the uiidtrtakini; to negotiate formally communicated to them, and ilie corrispondt-ncc relating to it, they relied, as they continue to rely, on the honour and good faith of the English Government. 15. But the case assumes a very different aspect, if the plan of giving to the Canadian Parliament and Government legislative and administrative control over these territories, without defining and providing for the rights and interests of the Conn)any as a condition precedent, should be carried out. So far as we now see, no security of any kind woidd exist against such a use of this control ia taxation and other matters as miij;lit be thought best fitted for compelling the Coiiijiany to accept any terms, however disadvantageous. No specific guarantee, it seinis, is proposed to be yiven as to the legislation which might take place before these claims were finally disposed of, or as to the imjiartiality and com- petency of the courts before which the Company, if aggrieved, would have to seek redress. At any rate the relative position of the two parties to any such suit or disiussion respecting these rights would, after the transfer of the legisla- tive and administrative control, be one which must leave the Company, as defendant, more or less at the mercy of the plaintiff, and would, to say the least,. taint the voluntary character of any agreement to be subsequently arrived at. The imly reliance of the Company would be on the honesty and the con- siderate disinterestedness of the Canadian Parliament and people. The Committee, moreover, venture to think that their apprehensions on this score arc reasonably increasid, rather than diminis-hed, by all that is reported to ha^c' passed in the debates, and especially by the extract of the accompany- ingreport of the speech of Sir John A. Macdonald, k.c.d., the Canadian Premier. The report is taken from the "Canadian News." It is probably condensed, and as a matter of course it may be more or less inaccurate. IG. The Act of last Session provides that the incorporation of Rupert's Land and the North Western Territory with Canada may be made by the Queen " on such terms and conditions in each case as are in the Addresses expressed, and as the Queen thinks fit to approve, subject to the provisions of this Act ; and the provisions of any Order in Council in that behalf shall have effect as if they had been enacted by the Parliament of the United Kingdom of Great Britain and Ireland." Now, looking to the previous correspondence between the Hudson's Bay Company and the Colonial OlBce, it is not unreasonable to suppose that so far as rigards the territory of the Compmy, the Act contemplated the insertion ot certain term: and conditions in any Address relating to the transfer of such territory. But the Address, a copy of which your Grace has had the goodness to transmit to us, contains no " terms and conditions" whatever, except a vaguo assurance " that the Parliament of Canada will be ready to provide that the legal rights of any corporation, company, or individual within the same shall be respected, and jtlaced under the protection of courts of compettmt jurisdiction." Such an assurance is of little value when the party making it disputes the very existence of the rights in question, and at any rate it amounts to no more that a statement, that British subjects on British soil shall be entitled to the protection of a court of law of some kind, hereafter to be established by the act of one of the parties. It might be presumed tliat redress before a competent tribunal would be the rig'it of any one who was wronged ; and such an assurance can hardly be deemed a " term" or "condition" of the kind, which the Statute intended to be set out specifically in the Address from the Legislature. 17. The Committee trust it may not for one moment be supposed that they arrogate to themselves any right, or entertain the smallest desire to impede, or '*;>«^ PAPERS RELATING TO RUPERT'S LAND. ai or even comment on the general policy of transforrinp^ tlie government of the North Western Territory, and of the Hudson's Bay territory, to the Confederate Government of Canada. In this, as in everything else, they would bow with submission to the authority of the Crown, and rejoice in any measure which was really calculated to strengthen loyalty, and promote union in Ihitish North Ameiica. 18. What is asked for as a matter of justice to a proprietary, consisting of upwards of 1,700 sharehoklers, who have paid a very large sum on the faith of our Chiirttr, and of the protection of their rights of property in the soil by English law, is the adoption by Her Majesty's Government of one of the ft)llowing alternatives : — 1st. That some conclusive agreement as to the extent, value, and compen- sation to be made ff^r the claims of the Company, as oAvners of the soil and minerals of the Hudson's Bay Territory, and some arrangement by which burthens assumed by them in their political capacity, such as the endow- ment of tlie bishopric, may, when that capacity ceases, be transferred to others, should be completed before, not after, the transfer of the government of the North Western Territory, or Hudson's Bay Territory to Canada. 2nd. That before any incorporation of Rupert's Land, or the North Western Territory with Canada, the rights of private property v( sted in the Company, and the exact limits of such rights, should he ascertained, acknowledged, and efficiently protected by law, in a manner binding on any Colonial Govern- ment, so that they should not be at any time hereafter impeached or violated without proper compensation. I have, &c. (signed) Edmund Head, Governor. on Enclosure 1, in No. 4. Extract from a re Speech of the Honourable Mr. Holton, in the Canadian Parliament, as End. i, in ported in the "Canadian News," 2nd January 1868, j>age 7. No. 4. " It struck him, too, that what was in contemplation in the Union Act was, that the Address to Her Majesty should f low the negotiation-, and that the Address should set forth, clearly and distinctly, the term- on which we were prepared to unite that territory with Canada." Enclosure 2, in No. 4. ExTHACT from a Speech of Sir John A. Macdonald, k.c.B., in the Canadian Parliament, End. 9, in No. 4. reported as ahove. " It had been said, by the Member for West Durham, that this was a worse proposition than the proposition of 1865. It was precisely the same; it was simply thai we wished to take possession of this territory, iind would undertake to legislate lor" it and to govern it, leaving the Hudson's Bay Company no right except the right of asserting their title in the best way they could in courts of competent jurisihction. And what would their title be worth the moment it was known that the country helonged to Canada, and that the Cana- dian Government and Canadian Court? had jurisdiction there, and that the chief protection of the Hudson's Ray Comi)any,mi() the vahie of their properly, namely, their exclusive ri^jht of trading in those regions, were gone for ever? The Cou)i)any would only be too dad that the country should be handed over to Canada, and would be ready to enter into any reasonable nrrangement. " The value o( the Company's interest would be determined by the value of their stock ; and what would that be worth when the whole country belonged to Canada ? " 440. 03 mi i No. 5. Riglit Hon. C. 15. Adderlcy, M.i'., to Sir C. Lnmiifon, Burt. «3 April i8G8. ♦ Pnge 17. Colonial < iftici- : II -March 1^04. S A)Til ., (i.Iuiio „ lluJj^n's J?ay Cnm- pony : 19 April 1804. 7 D«. „ This Ci )rresiion(Ii'noe is [irinteil as Appen- dix Hi. •ja PAPERS RELATING TO RUPERTS LAND. — No* 6. — • Copy of a LETTF.R from the Riglit Honourable C. B. Adderley, *m.p., to Sii- Curtis Lampson, Bart. Sir, Downing-street, 23 April 1808. I AM directed by the Duke of Buckingham and Chandos to ncqiiaint you that he has had under his consideration the Addresi from the I'arliament of (.'anada to Her Majesty, praying tiiat Rupert's Land and tlu' North West TerritDry may be united with the Donn'nion of Canada, and placed under the autliority of the Canadian Pailiament, and the letter from the Governor of tiic Hudson's Bay Company, dated the 25th January,* on that subject. Her Maje-ty's (iovernnient tiiink iliat it uiii be light to comply, under proper conditions, with the wish expressed by the Parliament of Canada, and thoy propose to introduce a Bill for tiie purpose into the Imperial Parliament. They desire, however, to pay due regnrd to the interests (»f Her Majesty's subjects already conei rned in the territory ; and with that view they will l>e prepared to make provision for any reasonable terms which may be agreed upon with the Hudson's Bay (,'onipany. I am desired to call your attention to the negotiations which took place in 1804, between the Seeietary of State and the Company, as recorded in the cor- respiindeni'c relerreil to in tlie margin, and I atn to request that you will state what are the terms wliieh the Company would bo prepared to accept, proceeding on the principles then adopted, namely, that the compensation should be derived from the future proceeds of the lands, and of any gold which may be discovered in Rupert's Land, coupled with reservations of defmed portions of land to the (-ompany. I am, &c. (signed) C. li. Adderlcy. i iHf No. 6. 1m>\ III' Kimlii rlfV to till Right Hon. C. 1). Adclurlcy, M.P. v.\ April iStig — No. 6. — Copy of a LliTlER from the Earl of Kimberley to the Kight Honourable C. B. Adderley, m.p. Hudson's Bay House, London, Sir, 24 April 1808. I HAVi: the honour to acknowledge the receipt of your letter of the 23rd instant, addressed t'j the Deputy Governor of the Hudson's liay Company, and to inform you that the subject-matter of tliis coram luiicai ion will be taken into con^^idcration by tlu; Committee, and a reply made thereto at an early date. I take tliis ()p|)ortunity to inform you, that I have ihis day been elected Governor of tlie Compimy, in the room of the late Sir Edmund Head, Bart. I am, &e. (signed) Kiinbcrlei/. No. 7. Tho !• arl of Kiiiilirrlcy to tlio Hiiflil Hod. C. li. Aildi iliV, M.p, Hi Muy j8fi8 — No. 7. — Copy of a LETTER from the Earl of Kimherlcy to tho Right Honourable C. D. Adderlcy, m.p. Sir, Hudson's Bay House, London, 13 May 1808. Your letter nf the 23rd ultimo, which I have already had tin? honour to acknowledge, has been carefully eoinidered by the l,'omniittee of the Hudson's Bay Company, and I am autltorised by tlie Committee to make the following reply. The FAPER8 RELATINC; TO RUPERT'S LAND. »3 ^ Appendix III. p. 60. • Query h. The The Committee wish in the first phico to express tin- satisfaction with whicli they have learnt tliat Her Majesty's Cjovcmiiierif, wliilst thinkiuir it right to com|)ly, undtT proper provisions, witii the prayer of tlie Address to the Qiiei-n from the Parliiimtnt of (Jatiada, that Rupert's Land and tlie Nortii Wist Ti-rritory may he united with tlie Dominion of'Cana(hi, desire to pay due ngard to the interests of Her Majesty's subjects ah'e idy concerned in the leiritoi v, and with tliat view will he prepared to make provision for any reasonablu terms whicli may be agreed u|)on with the Hudson's Bay Company. Before proceeding to state the conditions whicli they would undertake toreconi men.: the proprietors toaceipt, the Comniitiee think it necessary to point ontthe imjiortant difference in the basis of the negotiations between the Secretary of State for the Colonies in 1H04, to which you refer in your letter, from that of tho iiea;otialion.s into wiiich his Grace the Duke of Buckingham and Chandcs now invites the Con■ ;>'■ _ .. .c »i „ A _. /as Annas''" 'ppond!::"ff copy of the Act. In your Lordship's l"tter, dated the 13th of May last,* there are certain points in the terms set forth wliicli the Duke of Huckingliam and Chandos would not feel at liberty to agree in their prisent slia] e. His (Irace beiievei that the bist * P^'gc 22. |)rospeet of arriving at an agrLcmont palislactcry to both jjarties will probably be afforded by personal consultation. He would propose, tlieret'ore, to meet your Lordship, at such time as may be convenient lor the purpose to your Lordship, and to any mendiers of the Company whose assistance you would desire. Some time ill tlie ensuing month will, probably, i)e suitable. 1 have, &c. (signed) Frederic Itogers. — No. 9. — Cop\ of a LETfER from the Earl of KimherUy to Sir Frederic Rogers, Bart. ^^^ Ema"ot^' Kimberley to Sir Sir, Kimberley House, 10 August 1868. F. Kogcrs, Hart. 1 UEG leave to acknowledge and thank you for your lettir of the 7th >0 August 18CS. instant. I request you will have the goodness to inform bis Grace tlic Duke of Ruck- inghani that I shall gladly avail myself of bis sumzestion that I should havo an iutervii'W with him next mouth to discuss the terms proposed in my le^ter of tlm 1.3tb of May last;t and I will, when the time aiiproaches, take an opportunity of . p„„.p 2,, communicating with iiis (iraeeas to the day and hour when it will be convenient ° to him to receive me and such other members of the Committee of the Hudson's Ray Coiupany us may accompany me. I have, &.e. (signed) Kimberlvij. — No. 10. — Coi'v of a LETTER from the Earl of Kimbcrhi/ to tlio Right Honourable C. li. Adder hj/, it. v. Hudson's Bay Hou-o, London, ^ Sir, 27 October 18(38. Tni; Committte of the Hudson's Bay Company have received from Sir C. Lanipson and myself reports of the interviews which wo have had the honour to have with his Grace the Duke of Biiekingbam ami Chandos, on the subject of the prop()scd cession to Canada of the Company's teri'itorial rights ; and they have anxiously considered how far tiicy would be justitied in altering the terms 440. D proposed No. 10. 1 ho Kiu'l of Kimberley to tlio Ititfiit lion, C. li. Addcrlcy, m.i-. 27 Oct. 18GS. 36 PAPKRS RELATING TO RUPERTS LAND. fi If* 'i ■^1 ftroposed in my letter of May 13tli, with a view to meet the objeclious which lave b( en inii't'd to them. Till V uiiJeistiind I)i8 Grace to siiugtst tlint, insitrad of the Company being entiilid to a frer grant of 5,000 acre-, to l)e selecttd by tlicni, for every 50,000 acres •which shiill lie silienated by tlie (Jovernnn nl, tlic wiiole territory should be iit (.nee divided imo sections on the iitiiji, and that a ci rtain portion nf each sieiion slionid lie allotted to the C'inpany, l)y a fixel {j;eogr,ii)hical rule, the C< nijiniiy taking iis ehnnee as to tiie value of tlie land which niiglit fall to its share; aiid furllur, that, in order to meet the evils wliieh nii-ht arise from the exii-tenee nf i^o many blocks of \\\\ I la!id In e trDOi taxation, the exe i ption of the Coniiiaiiv's wiM land from taxes should contmue only tor a hinil-d piTiod, say, for ( xainple, 20 years. The Coniniitirc rej^nt that they are unable to ai;ne to this mode of allotment. One of ihc cliicf inducements to their shanhnld'TS to accept tlic proposed anMnginii nts would I e, that according to the plan of the Committee, if, as it is hi ped, the colonisation ol the country proceeded rapidly under the new Govern- ment, the Company v,\/iiid reet ive Idoeks of land of uHKlerate size, in t!ie vicinity of the new set'h nienis, which would posses* an actual value in the market. But if the plan .-uggcsted liy the Duke of Buckingham were adopted, insti ad of the giants to the Company proceeding e(inaliy with the progress of colonisation, the while country \m.uIre-i^ed stron/^ly advt rse to aii\ arr.inf^emetit for the cession of th ■ Coinp my's territorial ri^iits, whicli did not secure the j/aynient, as coinpeiisatioti, ol a su n of hard in one v. Sir K. ileaiinilar to tlio-e now under discussion, hut invoKinn' HI., page 7a. the ces'«ion of a part only of tiie Company's reiri'oiy, avowe 1 to ihe Duke of Ncwe.i^lle the apprehensions of the Committee tliat it might he dillicidt to conviiici' thi- sliarehoMers tiiat liie offers tlieii made were to their a ivautnge ; and although the Committee ijave felt iiound not to recede from t!iu tenns eoii- taimd in my letter ol 13th May,t which were hased on fi'eii- fonner offers, 'liey f Page 22. cannot conceal from his Grace that they anticipate a very seiious opposition on the part of their sharehoMors to any such arraiijjemeiit as that wliicli they have put lorward. His (irace will recUcct that, at our first interview, hefore the Canadian dele- gates had started for England, Sir C. Lampson and I strongly insisted upon this point, and that we suggested that if Canada would agree to pay to the Company one million sterling, in bonds, siicii a settlement might he ac(eptal)li- to our pro- prietors. The Comnuttee entirely share this view. The more they consider the very complicated arrangements which have hcen devised as a substitute for the paynjei.t of a sr.m of money at vei nineut, th'' Com- nutiee will 1 se all theii intlui iice 'o induce the (troprietors to confirm them. I have, &c. (signed) Kimherley, Governor. No. 11. No w. The night Hon. C. B. Adderley, u.p., to the Eurl of Kiiiiberley. 1 Deo. 1868. Cui-Y of a LETTER fr.^^„^, .^r^^ regret that ti.e serious illiu'ss of Mr. MrDongall, one of tlie two delegates sent fntui Ciin.idii, which prevented his Grace from cominunicatiug with him, should have laused so long a delay in the answer. His tJracc regrets to perceive that the letter under reply doc s not atford much pro-pect of an arrangement being come to llei Majesty's Government, in the letter of ALv Adderh-y of iSrd Aprii^ to S,r ^ Page as. Cnriis l.ainpson, referring to the iie;;otiatioiis which look place in 1««4, re (juested to lie informed " what ierm> the Company would be prefiared to aecepi, pro- ceeding on the principles then adopted, luunely, that the compensation >h.udd he ih rived from the future iiroceeds of the lauds, and of any gold which may be disc()V( red in Rupert's Land, coupled ■ ith reservations of defined portions of land to the Company." To thi.s your Lordship replied that the Committee were jirepared to itcom- mend — 1. That the Company shall surrender all the territory which tliey hold uiiiler their Charter, with the reservation of all their posts andstatious, with 4411. V i an 1 •»■< 28 PAPi:US RELATING TO RUPERT'S LAND. uii area of 0,000 acres rouiul eacii suc-Ii |iOst or {Station ; this reservation of «,000 acres, however, not lo apjily to the Red River Settlement. •2. That the Company shall I)o entitled to receive 1*. for every si cro of the land •; in rendered, uhiiii siiall bedi^po^cd of by the Government, whether by sale, lease, or free giant, or parted vith in any other nian^er. .T. Thiit one quarter of tiie sum received by the Ciovernment as an export duty for^ohl and silver, or on lenses of gold and silver mines, or for licenses for gold and silver mining, sliall be paid to the Company; the amount to be received under this and the ])rieeding article being limited to a total sum conjointly of 1,000,000/. sterling. 4, Tliat the Canadian Government shall confirm ail titles to land that have been alienated by the Company at Red River or elsewhere. o. That whenever the Government shall have sold, leased, granted, or otherwise parte I with 00,000 acres, the Coinpany shall be entitled for every such SOjOOO acres to a Iree grant of 5,000 acres of wild land, to bo selected by them. G. That no tax shall be imposed upon any laml belonging lo the Com- pany not under cultivation, and no exceptional tax shall lie imjioscd upon the Company's other lands or jjropcrty, or upon the Company's servants. 7. That tlie disputed matter of the Comjiany's lands in Canada be settled by issuing giants on the footing formerly agreed upon by Mr. Vaokoughnet and Mr. Hopkins. 8. That the Canadian Government siiall take over from the Company all the materials for the construction of tlie teh graph now iu Rupert's Land, and tl.c North West Teriitory, on payment of the cost price*, and the expenses already incurred with interest. 9. That fidl liberty to carry on their trade shall be secured to the ("om- pany free from any special or exceptional taxation. 10. Tliat until 1,000,000/. sterling, stipulated by Articles 2 and 3, shall be paid to the Company, no export duties shall be levied by Canada upon fiir.s exported by tlie Company, and no import duties shall l)e levied upon articles imported by the ;Joinpany into the North Western Territory, and into that part of Kupert's Land whicii is not included within the ■;co;ira- phieal limits laid down in Sir E. Head's letter of 13th November 1H63 ; the Company to be luither entitled to import goods in bond, free of duly, through any part of the surrendered territory into the North Western Territory, and the aforesaid part of Rupert's Land. Lastly. That in order to iiflbrd to the Company a guarantee for the due fulfilincnt ot these provisions by the Canadian Government, power shall be given to the Company to brinji before the Judicial Committee of Uer Majesty's Privy Council for decision any mutters connected with the carry- ing into cU'ect the foiegoing jjrovisions, in respect of which they may con- sider themselves aggrieved. His Grace intimated in re])ly that there were "certain points in the terms set forth to which he would not feel at liberty to agree in their present shape "; and at tlie meetings which ensued, his Grace expressed his strong objections to the principle of the pro|)o>al:5 of the Company respecting reserves of land to bo selected from time to time at the eliscrction e^f the Company, and lo the prin- ciple of s))ecial exemption freim taxatioii in their favour, and expresseiil his opinion that there were many i)ointo in the other proposals nejuiring material moditica- tion. Your Lordship's present letter intimates that the Company are unal)le to agree to certain modifications which suggested themselves during the discussions as n;odis of avoiding the objections enter ained by his Grace, and proceeds to state th changes which the Coii'pany are willing to agree to, and which his Grace imderstands to be as follows : — 1st. That the exemption from taxes on tlie Company's wild lands shall only last for a period of 20 years from the date of selection. 2ndly. That PAPERS RELATING TO RUPEUT'S LAND. 29 2iully. 'lliat any lands purchasLd by llie Company sliuU not reckon in the (juanlitics ol' 50,000 acres in respect of wliicli tiie Compan\ slieuld be entitled to select 5,000 acres. 3r.lly. Tiiat liiu Company s-ball bear the expense of surveying tlieir blocks of 5,000 acres. •iilily, 'J'liat lands gninteil for such purpi)Sft:> as roads, cliurclies, or schools Hhall not be li.ible to tlie payment of one sliilling per aero to the (-ompany. 5ihly. 'Ihat the s^anie exception i-hall apply to hmds set apnrt bv Her Majesty's Government as Iiidiiin reserves, beloru the Company's territory is transferred to Canada. (Jihly. Tliat with reffard to land aionnd posts beyond what is desiifnated the Fertile I!elt, 0,000 acres shall be granted, and that only 3,000 acres shall be the quantity within that belt. 7thly. That the proj;o.sed recourse to the Privy Cimncil as a Court of I'irst Instance shall be abandoned. Ilis Grace isun.d)le to recommend the adojjtiun by Iler Maji sty's Government of such terms for the surrender of the territorial rights of the Company. \\ hat- ever be the future uovernnunt of the territory, whether by the Hudson's Bav Company or by Canada, or by any other anthoiity, very eon>idi lalde annual outlay will have, as in all other unsettled countries, to be iiicnrred in eleaiing roads, maintenanci! and opening; of navij^ution, &c., and surveying. For these charges the produce of the early sales of land is the natural nsource. But by the Company's proposals they would deprive tlie future Government of any prospect, for a long time at least, of receiving any income. 1st. They fir.->t stipulate, not for a share of tiie reeei|)ts from land, but for a definite sum per acre, a sum in all probability far in excess of what is likely in practice to be obtained for the greater portion. 2ndly. They stijndate that tluy shall retain certain reserves around their posts, amounting, therefore, according to the lists of posts handed in by Sir C. Lampson, to upwards of 500,000 acres of the land most likely to be made available for si'ttlenient and sale, as bein^;- the laiul burrouuding tiie established posts of the Company, which they have alter long exjierieiice re- tained as the mo-t advaiitai:eous positions for trade and occupation, and of which nearly 100,000 acres burround the po.^ts in «hat is called tlie Fertile Belt of the territory. 3rdly. And that they shall also receive a share of miuerul rights and confir- mation of all titles. 4thly. They proceed to stipulate for a further reserve of one-tenth of tlie whole territory, and that the Coni|)any shall have this tenth in blocks of 5,000 acres, to be selecteil as each sueeessivo 50,000 is alienated, and not merely to select in tlie same locality, but anywiiere ; so that, for instance, if land is alienated in the higher parts of the Hocky Mountains, at Jasper House, for example, in consequence of the minium operations in tliai ilis- triet ; or for fishing stations or mining purposes on the coast of Hudson's Hay or Labiador, the Company should be entith d to select the proportionate reserve in such i)art of tlu: most fertile region as they may consider will realize the utmost jirofit to them, whether by its cultivation or develoiunent, or by its power of obstruction to otiu rs. These lands, moreover, are to be exempt from taxation for a period of 20 years from selection, and the lands retained round the posts to be entirely free iroin taxation unless reclaimed. These conditions his Grace camiot accede to ; his Grace would, however, re- commend Her Majesty's Government to agree to a surrender on the following conditions: — 1st. That the land to be retained by the Coaipany in the neigliboiirhood of their posts shall vary according to the importance of the post, in no case ■whatever exceeding 0,000 acres in all for any one post, including the culti- vated or reclaimed land now occujiicd ; and in no case exceeding 3,000 acres within the Fertile Belt for pi incipal posts, and 000 acres for minor posts ; the 440. D 3 additional r si -'* s» PAPERS RELATlNr. TO RUPERT'S LVND. additional land rcfaiiied to be net ou', so as not to include frontaijc to rivers, or tr ic''<8, ri>nd'*, or purtnyje-'. I'lid. Tlie Company to rcci-ive oiir-Coiith share i.f all receipt I'Dm Imd. If any Irof ornnfs of land \u- niiidf for ollu r than puhlic purposes, sm-li land shall Of dt'inu'd t" have hecn sol I at 1 v. ju-r acre. 3rd. '! iiai one (piartcr of tlu- sum ii-ceived hy the (lovernmeiit as an export duty l>)r gold aiil silver, or ou lenses of gold an I siher mines, or for liiensts tor ;:old and silver ininiug, shall lie paiil lo i^e Comp.iiiy ; iho ainouui til he r. e< ived under this and the preceding artiL-lc heinj^ lindliHl to a total sum eonjointly of 1,000,000 /. sterling. 4th. That the lmi)erial (Jovernn ent sliall confirm all titles to land that has lieeii alienated hy the Company at Red River or elsewhere, r)th. That the Company siiall have the o|)tioTi of se'eeting five lots of not less than i!0(> aeiis ea< h in <'aeh township, wheuevi r it is si t out, on pay- ment of ratealile cost jf sn vev. flt!.. 'I hat no e.xeipiional tax sludl he imposed upon the ('ompany's lands, trade, or .servant-. 7ih. That lull liberty to carry on thiir trade shall I) secured to the ( onipany. 8ih. The Company to have similar reserves ;^ranted them in connection with their posts in the North We»t Territory. 9ih. The honiidary lines betMcen Hudson's Bay ami Canada to he de- fined, and hetueen llinlsc-n's May and North U'est Territory to be defiu'd. by a natural (t '.;eogra;ihiral lioundary, ajreed on. lOlii. No wild lands to be ta.xalde nntil surveyed and marked. nth. That whenever the payment of 1,000, ooo/. -terling, umler Arti le 3, shall have been made a- therein provided, in cash, or otherwise extinguished, hy any payment or conmiutation, by Canada, to the satisfaction of the Coni- ()aiiy, the ii<>lits of tl.e Company to furt'ier selections of lots, to royalties tl share of land receijjts, shall cease. i'2th. Such lands as Her Majesty'.- Government shall deem necessary to be St'' aside for the u«e of the native Indian population s'lall be reserved altogeti.er from thi- anang ment, and the Company shall not be entitled to the paynent of any si are of receipts, or any royalty theretrom, or rigiit of selection ie re-pect thereof, under previous irtieles, unless for such pait, if any, of tliest lamis as ii..iy he ajjpiopriated, with the consent of the Crown, to any other |>ui )se than that of the benefit of the Imlian natives. Ifther-e terms are appr vcd, lier Majesty's (iovernineiit will he prepa-d to conclude an arr:ng. menf, and to submit it to the Canadian Coverninent for .noir favourah'e consideration ; but if the C'ompany shall not assent to t'le-e con- ditions, Her Majesty's Cjoverniicnt will consider ihemselves unpledged by any of the ofl'crs that have been nade. 1 am, &c. (>igned) C, li. Adderlej,. u li No. la. Sir Curtis Lump- son, Burt., to Sir Frederic Rocers, Bnrt. 10 Pec. i868. * Pnge 27. — No. 12.— Copy of a l.,ETrK[i from Sir Curtis Lampsnn, Bart., to Sir Frederic liOf/rrs, Bart. Hudson's Bay llon.sc, London, Sir, 10 December 1808. I HAVE the honour to acknowledge the recei|)t, on the 8lh instant, ol' .\Jr. Adderley's letter, dated Oowning-street. 1st DoLemb^r,* and I have to .^-tale tliat the contents will be, wi lioiit dtlay, taken into consid lation hy tlie Coimnittee of the Hudson's Bay (Company. I have, &c. (signed) C. M. Lamp-son, Deputy Governor. 'i PAPERS RELATING TO HUPERT'9 LAND. S( — No. 13. - Copy of a LETTER from Sir Curfh Lnmpsnn, Mar'., to Sir Ftfderk Rogers. Bart. Hmlson'M Ray Hnuflo, London, Sir, 22 December 1K«H. Rkferrino to my Ictfcr of the lOtii instant*, I huve tin; iionour to state that tile C'oiiimittco have summoned ;i Getieriil Court o!" tlie I'loprietors of tlie Hud- son's Ray Company for Tuesday, tlie 5th of January, for tlie purpos • of electing a Governor in the room of the Rif^lit lion, the Earl of Kiml)erlcy, nnil pro- piise to postpone sending in their unswer to Mr. Adderley's li'tter of the Ist instant t until aftr such election has been hold. I have, &(-. (signed) C. M. Lumpsnn, Deputy Governor. No. 13. Sir CurtU Laniic sua, Bart., to Sir Fredtric Rogera, Dart. 13 Deo. 1868. • PngR 30. t Page 37. No. 14.— Copy of u LET rEI{ from Sir Curtis- Lanijison, Rart., to Sir Frederic Rogers,\\M\.. Hudson's Bay Hou^p, London, Sir, 22 December 1808 I HAVE the honour to ench)8e, for the information of the Riglit Honourable the Secretary of Stati; for the ( olonies. extracts of letters re. entiy received from Governor Mactavisli, dated Fort (iarry, Red River Settlement, 10th f)ctober and 1 1th Novemlier, from which it will be seen that the Canadian G »veinment have intimated, through an a>>ent sent to Rel River by the direction of the Canaoii this proceeding is a most unusual ami improper one, esi)ecially as negotiations aie ;it prese it pending for the tran-fer of tile territory of the Coiiij)any to (unada. This trespass will be an actual encro:ichment on the soil of the Company, and that too by a Goveriumiit which lias constantly, up to this time, ami till disoutes the right of this Company ov. r that soil. Tlie (\)n'mitiee tin refore ask for the intervention of Her Miijest\ 's Govern- ment, hut at the same time tiiey be<. I • ive to say that any iipplieation l)y Her Majesty's Goveriiinent, or tin; ranadiau (lovernmeiit, for permission to imik ■ this road >vill be favonraI)ly ( nfertained. I have, &c. (signed I l\ M. Laiiipson, Deputy Governor. No. 14. Sir Curtis Latnp- ton Bart., to Sir Frederic Rogers, Bart. 22 Deo. 1868. i1 Enclosure in No. 14. Extracts of Letters from Governor Marfimi.th to //'. G. Smith, Esq., Secretary, dated, respootivoly. Fort I iarry, Red River Settlenieut, the lOtli October and 11th November 1868. lOtli Oetober. — " I am informed that the Canadian Government have forwarded, in charge of a Mr. Snow, a quantity of provisions, wliich Mr. Snow has written to one of the merchants here to provide freiglit for from (icorgetown, and appointed tlie 15th instant as the date on which the supplies R'ill he at Georgetown. Mr. Snow himself siiys nothing on the subject, but it is rumoured here tliat lie comes up for the purpose of su])cnntending the making of a cart-road from this place to the Lake of tlie Woods, and that the pro- visions he is bringing are to be used in payment of labour on the above road." 440. D 4 11th 32 PAPERS RFXATING TO RUPERTS LAND. 11 til Xovonibpr. — " Mr. Snow, wlin I before advised you ■was cx])peted licro to stipor- inteiul ill niiikinj; ii roiid IVoni this .settlement to tlio Lake of tlie Wood.-i, with a view to 0])enincoplc here regard ^Ir. Snow's arrival as op]i(>rtnne. on aeeount of the scarcity of jiro- visioMs. I ajireed to do ; and withont instructions to protest against Mr. Snow's action, I did not think it politic to do so. No. 1,-;. Sir Frederic Jlogors, Hart., to Sir Ctntis Laiiip- son, i?nrt. 4 ,Inn, i8(i;). * Pngc 31. — No. 15.- Rart , to Sir Ciirlis CoTY of a LETTER from Sir Frederic Rorjcrs, Lampson, Biirt. Sir, l)o\v!iiiip:-str('ct, 4 Jiiniinry 1869. I .\M directed by Earl firaiivillc to acknowledge the receipt of vour letter of •J-2tid idriiiio,* statiiii^ tliiit the Committee of tlie lltidsoii's Ray Company pro|)ose to ])ost|)oiie sending in their answer to Mr. Adderlcy's letter of 1st Dec. ihIkt, imtii after tlie election of a new CJovernor, in the room of the Right lion, th" Earl of Kiniberley, lor whi.h purpose a 'icneral Conrt of the Pioprietors lias been summoned lor Tuesday, the 5th inst. I am to express Lord Gnmville's lio|)e thiU the Committee will not allow any unneces-nry delay to take place in coming to a dcci^*iou upon the proposals contained in Mr. Adderlcy's letter. I am. &c. (signed) Frederic Rogers- ,!>' No. i6. Right Hon. Sir S. it. Nortlicote, Bart., to Sir Fiodcric lingers, Biiit. 13 Jim. *iovf. t Page 37. t Pago 21. — No. 10.— Copy of a LETTER from tlie Rii-hf H„n. Sir Stoford If. Northcotc, B art., to Sir Frederic Jiagcrx, Hart. Iluison's Ray House, London, Sir. i;j January 18«0. I iiAvi; the honour to actpiaint you, for the iiii'ormation if Earl Uranville, that I was elected by the shareholders of this ( 'ouipany, on Tue-diiy the ."itli iiislaut, to the oftiee of (iovernor, vacant hy the icsignatiou of the Earl of Ivimijcrley. It now becomes my duty to address you in rcjdy to Mr. Adderlcy's letter, dated the 1st December lH(J8,t which was received by my predecessor on (ho eve of his resignation, and to which, in coiisetiui'nco of tliat c\ent, the Com- mittee have not hi en able (o send an cirlier answer. Refore making any ohsi rvations upon the particular topics discussed in Mr. Adderlcy's letter, 1 am desired by the Committee to assure Lord Granville that they contirMC sincerely anxious to promote the object, with a view to which this Company \.v. reconstructed five anil-a-half years ago, viz., tlie gradual settle- ment of such portions of their territory as !i(lmit of colonisation ; that they adhere to the opinion exju'esscd in their resolution of the '2M\\ August 18()3, viz.: that the time has come when it is t'xpcdient that the authority, executive and judicial, over the Red Hiver Settlement, and the south-western poriion of Rupert's Liind should he vested in officers deriving such autliorily directly from the Crown; and tiiat they elieerf'ully accept the decision of llcr .Majesty's (iovernment, commuuitatud to iliein in Mr. Adderlcy's letter of the 23rd April 1808,.{: viz., tiiat the whole of the Company's territory should, under proper conditions, lie united with the Dominion of Canada, and placed under the authority of the Canadian Piirliainent. Acting M m in T th of III sr tl n St PAPEKS RKLATIXG TO RUPEIl'lS LAND. Actinsj in accordiince with the wish of Her Afnjcstv's (Jove convt'vi'tl to them in Mr. Elliot's k;tter of tlio 'i.'Jrd J; 33 rninent, ,as inittco liave declined to cncouiiioo overtures which have I niiaiy 1HG7,* thi- Com- * Piinted in A)) u'L'ii niadt' to tl ic;n private |)irsons for the piirehasc of portions of tlic ('oinp^my's territorv, witi view to their eolonisatioii, and have kept tlie whoh; y L' poiidix III., pa'j 1 a iinco (liinnjr I: ( the time that the ne,;;otiations, wliieli have led to tlie Confederation of the I5rirish Provinces eonstitutinsj^ the Dominion of Canada, were |)roceeding. In the wiiolc of that time tliey have taken no step wincli coidd iiivc ri.< lo fresh coniplieations. crntori le or coidd place any new dittienlty in the way of the; adnil-simi of their t into the Confeiler.ition uiien the proper moment sliould arrive; and wlien tl were iidbnned hy Mr. Atlderley's letter of ihe 2.".rd of April that the Parliamen't of Canada had addressed llcr Maj( sty tipon the suhjeet. and were recpusied to state the terms which tin" Company woidd he prepared lo accept, proceeding' on the ])riiici|ile adopted in the interrupted nenotiation of 18(J1, they iml;esitatin,i;ly complied with the desire of the (lovernment. It is therefore with surprise, as well as with rejjret, that they liave learnt from tlic letter now under reply, that tlie terms i)ropos( lieen justly jioiiited out that, being jirairie land, it Bat til ; price to 1 /. )f jier a re. in Minu(!Sota ranges, as the Coiiimiitee an; informed, IVom 5 i'. The (.'ommittee think, therefore, that the (Ivod payuieiil of 1 ,v. permre, proposed by the Duke of Newcastle, and aece|itcd by them as a liasis of couiiiensa ion, cannot be deemed to lu! unreasonable in so far as relates to land SfiM within the limits set forth in Sir I'dmmul Heads Ictterof the tllli .Xoveinber IH As regards any |ioriioiis of land lying out-itle tlio.-e lii;;its which n be sold, the Conmiittee think it Very iniprobaMe that such sales will I nav iio- ii.lv t Ihu!, (id. place except for mining purposes, in wiiich ea-e the payment of 1 *. an acre could hardly be deemed excessive. In ordi r to save troulile mid to obviate tli^puies, tlierelore, the Committee proposed the (ixid payment of 1 «. per acre in re-^jiect of all sales, wherever they may take place; and they lulicve that Ihe ariaiigo- meiit would have been, on suggested by Mr. Adderlcy. Ihe whole, more favourable to Canada than that Mr. Adderlcy proceeds to remark, with reference to Lord Kiinberley's | )ro|iiisal, that the Company should retain certain reserves around their posts, t ,ai ihe reservations would amount to upwards of 500,000 acres. It wus, howtvtr, stated by I Kimberlcy and the Deputy Governor, at an interview wiiii the 4.10. ]•. Duke 34 PAPERS RELATING TO RUPERT'S LAND. ♦Appendix III., page 6C, + Page 22. Duke of BuckiriKiiam upon tliis siilijcct, that, tlio Coniinittee were williuij to con- lino llieir claim tor nsorvcs to tin; limits defined by Sir K-c s. As reoards the ri^ht of selecting lauds for the (,'ompaiiy in prn])ortion to the quantities sold from time to time hy the (iovernment, tiie Coiuudttee desire to call Lord (iranville's attention to tlie reasons given in Sir E. ileail's letter of the 13ih April 18(i4 for adopting this mode of reservation in preferen'^e to that of " setting apart befoieiiand a lUMuher (d' isolat'd tracts ot wild land dotted over the suifaee of the Colony, iind calculated to im|)ede the free How of settlement in the territory." Their i)roposal wa^ framed with reference to sales in the Fertile Bcilt only, and it never entered into iheir minds to ce:item|)late such contingi-ncies as those sug- gested in Mr. Addeilcy's letter. In order, liowever, to obviate all cavil upon this point, tlnv would have lieen (pdte willing to limit th" Company's right of selec- tion to the case of lands soM or alienated within Sir E. Head's limits, provided that it weie agreed that no alienations should take place i)eyond those limits, except either for liistinetly imhlic purposes, or for the bond fide carrying on of agiieultur;il or mining ojierations. As regards .Mr. Adderley's proposal, that the right of >electii>n sIkjuIiI becontiuod totive loisot :>00 acres each, in each township as it is set out, the Committee can oidy renuwk that the character of this proposal must de|)end upon the size of the township, of which im indication has been given. Tlu' Coniniiitce still adhere to the opinion, tlial under ilu; peculiar circum- stances of the jjroposed transfer of their territory, it would be reasouabli! that their wild laiuls should, for a limitey the ('ompany, nor any imjsorl duties on articles imported by them into the North Western Territory, and inio that part of Rupert's Land which is not included within the ireogra- phical lindts laid down in Sir Edmund Head's letter of 11th Novendier 1803. This is a point to which the Committee attached Teiy great importance. If it had been proposed by the Canadian Government to make a direct purchase of the C(unpaiiy's territory, and to pay the juice i'ov it at once, the Company would of c-2nd* ultimo, relating to an invasiciu of the rights of the Hudson's Bay Company, ap|)rehctided by tliein from certain steps taken under the anihority of the Canadian Government. A cojjy of your letter was, b}' his Ijordsbip's direction, forwarded to Sir Ci. Cartier and Mr. M'Doiigall, with a request that they would furnish any explana- tion it nn'ght be in their p(>^^er to aH'ord resj)ecting the proceedings of the Canadian Government that weie refcried to ; and 1 am desired to transmit to yon, for the information of tin; Iludsons Bay Company, a copy of the letter which has been received from those gentlemen in reply. I am, &c. (signed) Frederic Roijcrs. No. 17. Sir Frederic Itogcrs, Bart., to Sir Curtis Lamp- -.(in, ISart. v>8 January 1869. * I'ase 3:. '45>'»% — No. ],s — Coi'v of a LETTER from the Right Hon. Sir Stafford IL Northcote, Bart.M.i'., to Sir Frederic Rogers, Bart. Ihulson's Bay Flonse, London, ^''■» '1 February 1809. I M.vvK the hoiU)ur to acktiowledge your letter of the UHtli .Fannar)-, addressed to the l)(>puty CM>vernor of this Company, enclosing a connniinication from Sir Ci. Cartier and Mr. M'Dongall on the subject of the recent proceedings of the Canadian (Jovernnumt in the matter of the construction of a road through the Company's territory, between I'oit Carry and the Lake of the Woods. After the distinct Htateinent containod in Sir Curtis Lampson's letter of the 22nd December, that the Company, while protesting against a trespass on their 44*'- E 2 land, No. 18. Ridit Hon. Sh- Stiitlbrd H. Nortli- coto, Hart,, M.i'., to Sir I'Vftdoric liojjLU's, Bart. 36 PAl'KUS REL.\TING TO RUPERT'S LANU. lair,!, weio pirpaiiMl !iivotiiaIily to entertain any iipplieation for perniissidn to make such a ioa(l,eit1i'. r nn tlie part of the lii.peiial, or of ihe CaiiadiiUi CJuvorn- mi'nt, tile Coinniittee tliink it utmecessiiry to (liseiiss llie ^n ater portion of tlio letter of tjie ("aiuulii'.n .Mini-ters. Tlieir objeetioii is not to the road heing miulc, hnt lo its bi in^ uiulerlaken by tbc; Canadian (ioMrnnn nt a< a matter of right, ;.s tiioniih the lerritory tiiroii^li which it is to pass weri' Canadian. Such a step, taken at a moment when nej;dtiaM(ins ari> in pro!>ie-s for ihi" tran-l'er of tlie Compiinv's ])ossession- t'> Canada, and t iken l>y a (lovernimnf whi' h openly disj-.iites their litli' tn this poitinn of iliein, conkl not liavo I)een aHowtd to jjass nnehalienged wiiliouf (i( io^.itinu; fioni tlie Company's ri;;hls. The ("anadiau Goveiiiii.ent tiiomsehes >■. em to have been alive to ihi-. Mr. Maetavish states thai the apcnt of thai (jovi-rnment (.Mr. Snow), on ariiving at the l{ed River, cemmunieuted lo him hi- instr,:clion< from the Commis>i()iior of Public Works in ( anada, lontainini; lie expression (d' " a hope on tlii' pait of the Comniis.-ioiier that the Compan\"s a^eiit here would otter no oppo>ii ion lo Mr. Snow's opera- tions, but would leave tli matter entirely in the hands of the Imperial (Jovern- ineiit.' Govermr iMaelavish, upon this, very properly allowed Mr. Snow to ci iiiiiunei' his 0Jleratioll^ ; ami so far as this Comiiany is concerned, no inipcdi- nienl li;:s Im en, er will be, ollen d to the pioseeiili'in of tlie work. If it were wortii while to discuss that p ,rt ul' liie letter of the Canadian JMinislers which refei> In the eircumstanees m road was ordered, the (,'oiiiiiiittce would hi ill 1)0 way failed in tin ir duty to tlie ("oloi iiHiisuies for tie relit I >■!' its inhabitants, a dii'tcl grants and by ^nl•^eripliolls laised in. at a period aiiteiior to ihr apjiropriation of the Canadian Road Graiii. I'hey would aho be able to point out how the delay whi( !i has oicurred in opcniii"- np coninmiiii alioiis, and ntherwise develupini;' the nsoiirccs of the R( d Hivi'r S( ttleiiient, is due to Ine restraint which has hern imposed upon them by Her Maji^ty's (ioviiiimeii at the reipiest of Canada, and not to any iic'jili_i.'cm.c or iiHliirerence of their o^n. But the Comniittte di >ire to avoid the raisiiij;- of a false i.ssiie, and they ac- ccrdinoiy instruct me to i(->tate to Karl (iiamille the preci>e coiniilaint which they lia\e to iiiakc. Il i->lliis: Thai while n, foliations are going' on for the accpiisition of tin ir ti iMli.r\ by Canada, the Canadian (Jo\ernment are endeavonr- iiig- lo excri'ise riirlit- of ownership over a porlion of that tciiitory to tlu! exclu- sion of the Company, ainl ;o the iirejiidiee of their life. This they are doiiiy r their auspices for that i-,nr|)ose, vaiioiis h iw Olli )!' the Crown, have di cliiicd to endorse. The C inadiaii Government have hiiiieito shown no imliualion to bring their claim to the test of a judicial decision, and in the absence of any such decision, the Cominitteo consider it not uiin a- ibli' to u>k that due respect should be paid to the Coin- s^ion of fh(! territory fir two centuries, and to the ]>any s uninterrupted \ numerous and weight} le,i;al opinions which havi; from time to time been given in their favour. In np]icaling lo Earl Granville for support in this matter, instead of entering into a conliover.sy with Canada, or taking h gal sicjis to enforce the Company's ri ;hls, the Conimittei' have been actuated by a desire to proceed us far as ) )0S- sibie in acconlanc with tlic views and wisiies of Her Majesty's (iovernment, as they have endeavoured to do throughout the piiiding negotiations for tlie eslablislinient of a settled form of government at the Red River. They desire now rcs|icctfully but eonlidintly to claim the snppoit and protection of the Colonial Minister ugain-i any invasion of the Coinpanv's rights which may luive bedi promptt d or facilitated by tlie policy which they have adopted in order lo meet the wishes oj' the Colonial (Jthee. 1 have, &c. (signed) Uluffonl II. Nort/icotc, Governor. PAPERS RELATING TO RUPERT'S LAND. 37 n — No 19. — H Q No. 19- Copy of a LETTER from Sir Frederic Rnqers, Bart., to the Right Honourable Hogcra Bart., to Sir Stafford H. Nortkcote, Hiirt ,m.1'. the Right Hon. Sir StaflTord Sir, DowninEf-strpct, 22 February 1809. f2°Fcbruar*''i869. I AM directed by Earl Granville to enclose, for tlie information of the Directors of the Hudson's Ray CVmipany, the copy of a letter which his Lordship has „ ''''^'''Oary received from Sir G. Cartier and Mr. M'Doiigall. As the greater part of that ^^Sl^*/^ '*^9. lettiT relates to matters on which the Company and the Colony cannot be ~""~~-~-^ expected to a^ree, and (m whicli Her Majesty's Government has no authority to decide their ditl'erences, Lord Granville has felt some doui)t whether the settle- ment of the question would be advanced by forwarding this letter. He considers it, however, necessary to do so, and in doing so to e.xpiain clearly tlie position which he considers himself to occupy. It iijjpoars that his Lordship's i)redecessor entertained the hope thrit he would be able to arrange the terms of a compromise, under wliieh, witli consent of l)oth parties, tiie sovereignty of the Hudson's Bay Company's Territory would be trai.sferrcd to the Dominion of Canada. V\ ith this view his Grace made to the Company a proposal, respecting which Sir G. Cariier and Mr. M'Dougidl write as follows : — "The proposals submitted to the Com[)aiiy by the late Government in the letter of Mr. Adderley of the 1st December last,* were not made at our sug- •Pages;, gestion, although we were dis[)osed to think (and so informcjd his Grace) that if the Company accepted them, the Canadian Parliament might be persuaded to unilertake the duties of legislation and government in the territories, ou the comiitions spv-'-fied." Your letter of the 13th ultiinof may be considered as a rejection of those pro- t Page 32. posals, and as thus terminating the negotiations instituted by the Duke of Ruekinghani and Chandos. Rut in your letter you propose that the matter should be settled Ity the immediate payment of a fixed sum of money, or by the delivery of bonds, ..iid you express yourself prepared to enter into fuller com- munication with Lord Granville on tiiis subject. It is, of course, obvious that this negotiation for the purcliase of the Hudson's Ray Company's Territory is really between the seller aiul the buyer, the Com- pany and the Colony ; and Lord Granville is of opinion that if the negotiation 13 revived on this or any ^ther basis. Her Majesty's (Jovernment can at present do no good by assuTuing to frame or suggest terms of accommodation, but can merely oiler to act as a channel of communication between these two real parties to the transaction, using its best endeavours to remove any ditliculties not inherent in ihe nature of the ease. Acting on this view. Lord (iranville communicated to Sir Ci. Cartier and Mr, M'Dougall a copy of your letter of the 13th. The enclosure to tiiis letter is the answer which he has received. [; jg Feb. 1869. The nuitei ial sentences, for the present purpose, are those with which the Pago 53- letter ccmcludes. You will observe that the repnsi ntatives of tlie Colony state the principles on which they consider the cost of the territory shouhl be calculated, indicating the opinion that the sum of 100,431 1, is the highest which could on any hypo- thesis properly be demanded by the Company, and express their strong con- viction that no mcmey oIUt which either the Imperial or Canadian GovernnHjnt would deem reasonable would be iiccepted by the Coni]mny. Assuming this to be the case, they ask, on the part of the Doniiu'on Government, either the immediate transfer of the sovereignty of the whole ; rritory, subject to the rights of the Company, or a transfer of the sovereignty and [)roperty of all the territory not heretofore validly granted to, and now held by, the Company under its charter. Under these circumstances. Earl Granville directs me to comnnmicato to you the enclosed letter, which, taken in coiniectiou with previous correspondence, appears to him to leave little present hope of bringing matters to a settlement by way of compensation. If the Directors of the Company should still think any such arrangement possible, his Lordship will, of course, be prepared to transmit to the Canadian representatives any modified proposal on the part of the Com- 440. B 3 pany. 3& PAPEllS RELATING TO RUPERTS LAND. I * j)a!iy. railiiiii' this, lie thinks it proper to invito from the Directors, not any argiinu'iit ri's]i(Ciing tiu' true ii;iture and extciir of the Coni(iany's (;laiiii>, from wliici:, as not 'einn; htfore a court of law, he coiihl anvici|iatc no result, l)ut a statement of an> dhjcetion- liiey mav Ikuc, \v!:eiher of principle or detail, to the two couuter-proposain now made by Sir G. Cartier and Mr. M'Doii,i,^dl on behalf of tlie C'ana(!i:ni Dunnniou. And it minlit not lie immator al to add what conv>o t'i:;led out to them, otl'er such obijtrvations upon them as may a|>pertr to be necL^'sary. As regards the manner in which the Canadian clel;><»;ate9 treat the suiVriestion com lined in my letter of tiie ]3ih ultimo, that the Canadian Government should cum|ileie the luirchase of the Company's territory at once, by the p;iyiiient of a sum of money, or by the delivery of bonds, tlio Committee desire mo to observe, that tliey might have had some difHeulty in gathering from ihe terms in which the deligates express themselves, whether they were or were not prepared to entertain that suggestion, and to open a negotiation with this (.'ompany. Hut as Ear! Granville, who has had personal communication with the delegates, is of oiiinion that tlieir letter, taken in connection with previous correspondence, leaves little present hope of bringing matters to a settlement by way of compensation, the Conmiiltee are tbreed to ariopt tlie conclusion, that it is intemled as a virtual refusal on the part of the delegates to entertain the ipicstioii in a serious spirit, ShouM Earl Granville como to the conclusion, that it is desirable that the Committee should renesv the oiler of communicating fully with him on the sub- ject of a money sale, whicli they made in my letter of January l.Sth, they will hull! themselves prepared to do so. For the present, and in accordance with what they gather to he his Lordship's views, they consider this matter at Utu end. It becomes my duty, then, to answer Barl Granville's (|ueslion (1), whether the Gommittee have any objections, either of principle or of detail, to make to ihe " couuter*prf'fr cliouUl lako pi, ice first, and that the ri,i,dits of thu Company slionld tlicn be made thi' snljjcct oriitif|;a- tion in (Janada, with a iii,dit of appeal lo tliu =iich a course is likoly to load to much incoavoniciuc, exiK'nsc, and annoyance to ail parties concerned, as well as to pruvc detrinimtal to the interests of the settlement itself, by the prolonnation of an irritatini^ and distnrhinif con- troversy. As rcp:ards the iojustice to this Ci)m|)any invoivi d in sucli a proposal, I bi^ leave to refer Karl Granville to Sir E. lleadV leiter jI the 25th Jannary 1808,* to the Duke of Ruckin^diain and (Jhandos, in which a similar projiosal is ' very ably discussed, and to which, and to the extracts from speeches delivered in the Canadian Parliament, which it encloses, the Committee desire to invite Karl Granvill. 's paiticuhir ailention. The second counter proposal is, for a transfer to the Dominion (Jovernment of both the sovcrei/Titty and tlu' properly of " all the ttrritory n'lt heretofore valiilly f;Tantcd to, and now properly luld by the Companv under its Charter." Upon this projK)sal also, the Committee desini respectfully to ask whi fher the limit . of the territory so to la- tiMn^lerrcil, are to ho distiiiclly sit oul in ilin insli unieiit of transfer, so that thrre may be no room for disjmtes a- to the lindts of the resp>'ctive jurisdictions. Kven with the utmost care in this ris|ect, the Conimiltei cannot but fi'cl ai)preliensivc that dilHcullies will arise in deidin^s with the Indians, and wiih the various classes of hunlers iind iraders Ireijut'oiing those distant regions, if two ditl'erent systems of administration iirc ihtroiluced into thiise portions of the extreme Noith Western 'i'eriiiory, \\hieh would be afticted by the proposed transfer; especially as the ii;reat di-taiice of that terri- tory from Canada, and the rlitViculty of the rommnniciilions, will render its administration by the JXiminion (ioveinnient very lroul)lcsonie. Should, Imw- ever, lier Majesty's CioverniiKul decide on this measure, the Comndtlee will do all in tlnir jjower to tiri'ivc at a good undrrslanding with the l)t)ininiou Govern- ment as to the details of the arrangements whii h shouhl be made in the two poiuons of the now united territory, and to I'aeililtUe the establijiunciit ifa strong administralive s\stem in iioth. As regards any transfer of the soverei<^nty without a distinct definition of tiie limit!' lo be a^sii^ned to it, and by virtue merely of vague gi'ueral words, the Committer feel tlnit they need not jioint out to l''arl Cranv ille that sneh a >tep would not (inly be open to the ohjectiens \vhi(di 1 h.ive already mentioned iii ilie case of the former connter-i>roposal, but to the furilierand very serious one that it must lead to constant conflicts of authority, and to i'reqnent piditic.il i;mbariiissineuts. The Companv can hardly be cxjieeted to [iroviile for the security of life and property, and the due p( rformance of inti'ru itioual ortant parts of their territory uiu'ecogniscd. It is, probai)ly, unnecessary for nu' to pursue this ar:^ument at any length. I have now to advert to tbc last (piestion put by Karl (iraiuille — that relating to the course which the Company would jiropose to take for the governnii nt of their territory so long as tl "y reieain responsible for it. The Committee disire uie in the first place to rcu ;nd his Lordship that they have no autl.erily lo give a pleilge on the part of the shaiehohlers of the C(uup iiiy, and that they can only undertake to submit certain propngals to ihem, n"d to use their own inlluenee to secure their adoption. Subject to this re>ervat' m, the CommitUc are prepand to enter at onee into free conimuincation with Ivarl Gr.mville as to ihe measures which should bo adopted for the i)urpose to which lie adverts. As his Lonlship is awari , a reso- lution was agreed to by thi- Committee, as long ago a-* in August 1,SG3, to the cUoct, that, in the opinion of the directors, it was expidient that llu; authorit}', executive and jmlicial, over the Red River {Settlement and tlio south-we-tcrn portion of Rupert's Land should be xested in ollieers deriving such aulliority Page 17. directly from the Crown, and exercising it in the name o f II er iycsly. In adopting this resoluiion, the Committee intended to indicate their ''-.'sire for the establishment of a Crown (\)lony in this |)ortioii of their territory. They fitill believo that this would be the iimst siitisfactory plan that cuuld be pursued, and they are prepareil to discu.-s it with Her Majesty's Government il they are encouraged to do so. I am to state that the Coiiilnittec would be willing either to advise the sur- 1 \ 1 440. B 4 ri nd< er 40 PAPERS KI-LATING TO RUPERT'S LAND. render of such projiortion of tliu Cotnpanv's proijrictary ri,i;lit« as ini^lit lie found to bi' a fair C(|iiivalont for tlio cliarge wliieh tlie e.stalili.sliiiiciit of a Crown ('oloiiy would throw ii|i():i tlio Imperial I'-xcIiequur, or to rfcomiiiciKl the Comiiaiiy, reraiiiiiig- its proprietary rigiits, to take upon itsi;lf the uhoie of the jieeuriiary burden. Tiio Committee are fiatistied that a territory which, in the |)it>sent undeveloped state of its comiminicilion.-;, supports a trade of the aimuid viluc of more than 400,000/., and wliicli ])o-ses.ses a lar^e amount of iuj;hly fertile soil, requiring no great expendiiure for its clearance and cultivation, is perfectly capable of supporting tl:e cxiicnsv, of any government that it may bo re(|uiiX'(l to maintain; and tiiey have little doubt that, if llie stale of the case were fairly laid before the shareholders, and if the moral support of the IniiKiial Government were distinctly assured to thuni, the necessary funds would ria lily be forthcomiiii^. Of course if Her Majesty's Government should be of o])inion that the great objects in view could be C(pially well attained by the exercise of the powers actually possessed by, or which might be granted to, the Coinpaiiv, and slionld consider that it would be prefiTable to adii|)t this method of government rather than to erect the territory into a Crown Cidouy, the Committee woulil at once fall in with such a suggestion, and would recpiest Earl Cianville to state to fhera what estahlishmenfs would, in the opinion of IJer Majesty's (Jovernm; ut, be sufHcient to meet the necessities of the case. It can hardly be necessary for me to add that in the event of sucli an arrange- ment being made, the Company would rely upon the cordial co-ojieration of the Government in snbinittiu to be, it is for the interest of both parties to accept, and in support of which llcr Majesty's (lovenniont Avouhl bo prepared to use all the influence whicl they eould legitimately exercise. If tiie proposal Is really an impartial one, Lord CJranvi le cannot exi)ect that it will be otiierwise than iinaeeeptalde to both of the parties concerned. But he is not without hope that both may find, on consideration, that if it does not give tliem all that they ciaieeivi; to be their due, i^ secures to them u hat is politically or commercially nccessarj', and iilace-; thcin u*' onei; in a position of greater advantage with reference to their peeiiliar objects than that which they at i)resen' occupy. The terms which his Lordship now proposes, are as follows : ~ 1. The Hudson's Bay Company to surremler to Her Majesty all tlii; rights of government, property, &c., in Rupert's Land, which are s| eeifn d in 31 & a2 Viet. c. lOCv s. 4, and also all similar ri^lits in any other part of British North Ameiiea, not comprised in Rupert's Land, Canada, or British Columbia. 2. Canada is to pay to the Company 300,000/. when Rupert's Land is trans- ferrcd to the Dominion of Camilla. 3. '1 he Company may, within 12 montlis i>f the surrender, select a block of land adjoining each of its stations, within the limits spceifiei in .Article 1. 4. The size of the blocks is not to exceed acres in the Red River Terri- tory, nor 3,000 acres beyond that territory, and the aggregate extent of tlie blocks is not to exceed GO.OOO acres. 5. So far as the configuration of the country admits, the blocks arc to be in the shape of parallelograms, of which the length is not more than double the breadth. 6. The Hudson's Bay Company may, for 50 years after the surrender, claim in any township or district within the Fertile Belt, in whieh land is set out for settlement, grants of land not i xceeding one-twentieth part of the land so set out. The blocks so granted, to be deteunined by lot, and the Hudson's Bay Company to pay a rateable share of the survey expenses not exceeding an acre. 7. For the purpose of the present agreement, the Fertile Belt is to be bounded 440. F »» A* APERS RELATING TO RUPl.RTS L.vND. as follows. — On the souili iiy tlv United Siati's lioiiudir., on the west by the Hocks .Mountiiius, on tin norili by t'lc; n >rthirn bnim b of thu Saifkatchewan, on ti.e ea«t by Like Wiimi)ieg, the Likn of VVoixh, sinil thi- watiTs loniiecting tliein. M. All ti Is t.i liiml, lip to tho 8tli .Mincb IsGit, conft nd by t' c Cunipany, iiff to be oonfirni" (I. 0. I' e C luipaiiy is to he ut lilurty to cany on iti inul- without liindr met- in its corporal e capacty, ami no exi epti mal tax is to be |)iaced on ilie Comprtny's lauil, tiaile, or se vants, nor any impost dnty on goods introiiui-cd by them previous to the surremkr. 10. Cannlais to fake over tlic niateri^ils of the clectiic tcjegriph at cctst price; Mi'.-ii prii-e iiiclii(iiiig tiaM>p()ri, but not including inltMest t'»r money, and subject ti) a deduction for ascertained deterioration. 11. Tlie Compiiny's claim t) land under agrteinciit of Alessra. Vdnkouy;Iinet & Hopkins lo be wiihdiawn. 12. The ditalls of thi-* amugeinent, inclndi?ig t'e filling up the blank- in Artichs 4 and fl, 'o be settle! at once by mutii I agreement. It is due both lo tlic rcpresi'iitatives orCa.;asavy in acquainting him "itii your dici-ion. I am, &c. (signed ) Frederic Rogers. 1 'i No -22. Rigiu Hon. Sir Stafford H. Nortl.- coto, Biirt., to !sii FrCileriC Itogtrs, Bart. 23 Marcli i^>'(j. — No. 22. — ( oi'Y ( f a LETTER from the Right Hon. Sir Stafford II. Northcute, Bart., to Sir Frederic liogirs, Jiart. Hudson's Ray House, London, Nir, '22 March 1869. In rei)l\ to your letter of the 9th instant,* transmitting the terms of a proposal which 1 arl (hanville recommends for the adoption of this Company, and of the Canadian representatives, I iiave the honour to inform you that the Coin- iiiittee have given their most careful consideration to that proposal, and that they have been in conmiunicaticm with the Canadian ftlinisters on some points connected with it, iind I am to transmit to you a copy of the correspondence which has taken place with them. 'llie Committee have summoned a special general court of the proprietors on 'Wednef (lay next to f onsider the proposed terms, and they have come to a resolution that they will recommend the court to adopt the proposal. I im PAPI RS RELATING TO RI PRItTS LANO. i$ 1 am (Icsirt'd by the Conniiittcc to invite Pliiil (iiMt.villc's attention to tlic (ith of the resolutions adopted at tl'tir nicctin^r on tiic TJtli instant, rcliitin^^ to tiie salary of 'le liisliop ol l{n|;eiiV L:in(l. and to the ohservjitions of the ("iiiiiidian re|iresentatives tliereon. The ("ounnittee, while aeknoulcdginf; ihe force of ihe objections uracil hy the Canailian Ministers t'l the end)\vnient, ont of the \: ihlic r.'vcirn'r* of (' in;u!;i, of an Anglican Bishopric of Hupert's Laiul. desir-' to point out to Karl (iniivillc that tlie Undson's Hay ( 'oiiipiiny liave ( ntcred into a IcltmI contract, in fheir capacity of owners of the territory whicli is now to be transferred to Catiada, by which they ;ire bound to continno this endowment in perpetuity. It is niiudfi .vtly reasonable tliat on ceding tiie territoiy they shotdd l)e relieved of this ohlignlion ; and the ( omndttee desire m«' to suif^cst for Karl (iranville's consideration, that tlie object ndfi;ht he attained in the simplest manner, by Canada consenting to pay to the ('om))iiny a fixed sum, as a compensation for vest( (1 interests, or under any other name that mii;lit be pretened, which sum the Company wonhl invest for the support of the bisliopric. I I have, &c. (sii^ne.i) Staff Old II. Xorthcuie, Governor. Enclo.suro in No. '2-2. ., to My dear Sir Gt'oiire Cartier. 8(i, Fl iil. y-stitH>t, 1 1 .Mmcli ]nccnrity will be atl'orde I for iheii trading inteiests. The two points upon which we are anxious tor inlbrmaiion are thi'se: first, what will be (lie position of the Company with reference to the- terjitorv' Iving ontsi le the Fertile IJolt; an(i, secondly, what will be the nature and |)rol)able limit of the linnli'n-, which wdl be I iid upon onr property within that dislrict. Regardin'i the country lying outside tlie Fertile Belt as a hunting i;roiind alone, we pre- suMie; 1st. That we shall be at Idjerty to hunt over it freely, and wiiliout beiuii sulyected to any license, tax, or other similar impost; 2nd, Tiial we shall be j:ranted a title to our posts, and lo such adjoining; land as may l)e necessary for their maintenance, and for sup- plying pasture and wood; UkI. Th.it we shall be allowed to cut .--ueh wood as we may require iu any part ol tile territory. in addition to these rii;ht<, we should inucli like to -ugu'est thai it would lie tor the interest of till' Com|) my, and >lill more for that of Canada, th il Canada slionid give us lo, a limited period somesiiecid control over the importations into the hunting c mntiy, so as to enable us to keep spirits from llie Indians. With rejiaid lo the taxes which may be laiil on onr lands within llie Fertile Uelt, we presume that with ri'speci to their wild and unsold lands, the Company will stand on the same loolintr as the Canadian (Jovernment, that is to say, lai the tooliini ot a pioprietor and not of an alienee, and will therefore not be subjeit to taxation until llie land is sold or brought into cultivation. (.'an you let me have an answer lo this letter before \-l o'clock lo-morn v, as we are to hold a meeting at two to consider the question further? I remain, &c. Sir George E. Cartier, Bart. (si;;ned) Stajford H. Narthcote. End. ill No. 22. I \ 1 % Deal Sir Georgj Cartier, Hudson's Bay IIous •, 12 March 1869. I AM des'red by the Commiltee of this (Company to forward to you a copy of the inclosed resolutions, which have been adopted at ■ur meeting to-day, and to request that you will favour me with an answer, which I n:iy liy b. fore the Committee at their meeting on Tuesday next. I remain, &c. (signed) Stafford H, Northcote. am 440. F a 44 PAI'FRS REr.ATING TO RIPERT'S LAND. At a S|:ccinl Coniii.ittro Iicld on (Iio 121I1 c f .March 18(l», at t'i(' lliiiNon'* Diiy lloime, to RCdiiMdcr Li'tli'i I'luiii t.r I'ruUi'ric l{oj;ci!<, Hurt., iluled Di)Wiiiii;^-»trcct, Uth Murcli lH(ii»: The (ii,vciiioi' reporlcd tlini Sir O. ("ailicr and Mr. M'Doii^iill had cxphiiiied tuhiiii ihe system uf n)uiiici|Kil lu.\iitii>ii tu » liich tlic Cuiii|i!iiiy wuuld te Mihji'ct in iti-ucL't uf ihcir luiidx. 7^io/cc(/, — Tluit this Conimittof will iccoininond llii! shmelioliU'irt to uccept the propoaiil (if L> id Ciruiivilii', ii the Cunudiuii Ministcis \>ill agicu lu tliu lullawing niuUiticutioiin; I. 'Hint Ciinada will lay no t'.\|iort duly on furs. !2. That tie Cth Article be luudifieil so aa to allow the Company to defer exercisiiii; their ri^ht ol cluiniiiJ^ their |>roj)urtioii of lucli towii!>hi|> for tint more than 10 yenn alter it is set up. 3. That no fharge be made upon the Company for the expenses of survey. 4. That the propoition of land which they arc allowed to claim be increa.sed from one* twciilietli to one-tenth. 6. That York and Moose facto' ie^ bo retained as ports of entry. C. That Canada uiulcrtaki's to pay iho aoo/. a ytur now paid to the Bishop of Rupert's Land, and other charges ol a public- character now borne by the Company. 7. That some provision be made for referring 10 aibitratioa any (^ucdtion which may arise out of the agreement. !<' To Sir Stafford Norlhcote, m.p., Goveiiior. Westminster Palace Hotel, London, Sir, 15 March 1800. \\ I, have lilt honour to acknov^ledL:e the receipt of a copy of ceitain resolutions adopted by tlic G'Hci'.Kir and Couimittee of ilie lludsonV liay Coin|)aiiy on •he 12th iustuiif, siig- pestiii ' iiiipirtant moiiificalions of the iirojiosal uf I.oiii Giannllu for the transifer of Rupert's I. and to Canada. We 1)1 'J vn "ill iiif^riii the Ci.mmiltce that in our opinion the proposal of Loid Gran- ville is nouh nioif liivourable to die Hudson's Hay Coiiipanv than any previous proposal of the Impel iai (iovcrninent, and HiVidi more tiiuions to Caiiida than ils (Jovernnient and Ijccjile liiivc been led to e.specl. \\ illi j^ri at rtUiclaiicc, wc have consented to recounnond .Old Granville's pioposal, if accepted by the Coiii])aiiy puif ct simple, but not otherwise, to the favourable consideration c* the Canadian Government. The iiiodilicalions and ad- diiuiis pi(i])used by the Coininitlee are iioi, lu our jndginent, "details" within tiie |)iirvicw of the ) ilb Article of Loril Granville's pr<>p;isal, iiut substantive and inaterial changes, afrectir,;r the very basis of the iirrangrmtnt. We cannot, therefoie, absent to them, or un- dertake to recommend their ncce|)iunee by the Canadian Governineiit. We li;ive further to oliserve that, in niakinu; these demands upon us, the Commitlec as- sume liiat the ebaiiees they piopi se will be accepted or approved bv the Imperial Govern- ineiit. If «e aie ciirrectly advised, the Commitiee are not warranted to make that agsiimpiion. In the h Her of Sir I'leiieric Rugei.s, coniniunicalin'; to us a copy ol Lord Granville's proposal, we are assuied that it conveys " the views of Her Majesty's Govein- nient," and in the letter conveying; ih( se views to the Cumpuny, it is stated that "these teiiiis aie not intended bv Lord Grjiiville us ihe basis ol luither nefiotiaiions." It follows, we ihiik, that Lord GranvilieV proposal is to be reearded as tin; ultiimUum of the Imperial Government, and must be accepted or rejected in its entirety. The Act 31 & 32 Vicl. c. 105 (which was not iiitr diice lei'ent conimniiic'ulioii to this (JoniiiiillLe, if liny i-hoiild Le •i;;reed to hy this Conimiltce on the one hand, mid by yourstlves on the other. \Vlnie stiitin.; tliat he rc^nrded those t' -nis as not hein;; inlendi'd as the basis of fmtlier negotiations, Lrd (iianville added that he left the detuds of the arrungenient to le settled hy mutual consent. The j,'re.itcr part of the reso- lutions transmittt'd to vom in my lutlcr oC tin.' ritli, wire icxjliilioiif) iiit ikIlmI to lead to a settlement of certain ilciail-i, in which it will be necessary for the Committee to ofler full exnlnnntion to the shareholdtrs of the Company, if they decide on submitting Karl Uran- villa's jiropos.ds to a {;cneral mretint;. If, in your opinion, any of them go further ilian this, the Comniiitee will be leady to re- considtT tht'tn, and to confer with yon upon thcni. As r('^aradian Treasury, cannot be regarded as a "detail" within the 12lii Article of Loid Granville's proposal. The surrender of the rights and powers of government by the Company will necessarily involve the assumption of " all charges of a public character" in the new government. But an agreement to continue the charges "now borne by the Company," eo nomine, would so Tt peipetuatc a system, which the transfer of the territory to Canada is intended to supersede, 440. F 3 y C. The 46 PAPERS RELATING TO RUPERT'S LAND. (i. The last propusal of the Committee is open to verv serious objections. The surrender of the powers of govtrnnu'nt iinil nf tcrritirial jiirisiliction !>>• the Company to the Crown, and the transfer of thi se powers lo the (Jaiiiidiiin (ioveinineiit, art- ai'ts of State, authoriseij by Imperial Statute, and will have all tlie force and permanonee nf fiiiidauiontal law. The pi oposal to refer ail questions which iiiav arise under this law lu some extra- constituti 'iial trihimal i- nut w..rrantt'd by the Hritish North America Act, and would, we fe:ir, if adopted, create confusion and einharrassment, and po>t|ione indefinitely the establishment of a satisfactory govt>rnmeiii in liiiperi's Land. We must decline to admit, cvm liy implication, lli.'' tlie Judicial tribunals, and the general and local anthorilics of the Doii'iiiion, will fail to ,ii''< Tst-.ind, or liesitate to lespect and carry out in good f-iitli, all the terms and conditions of the prnposed arrangement VVe have, 8to. (signed) Ci'eo. E. Cartier. Wm. M'DougalL -^ « No. 23. sir F. Kogera, Bart., to till' Right Hon. Sir StitHbrd H. Norlliroie, Hart., M.r. 84 March iStic). * Page 42. — No. 23. — ( op-y of a LETTICR from Sir Frtderic Riuftrs, Burt., to the Right Huuuurable feir Stiifford II. Northcute, Burt., m.p. Sir, Downing-street, 21 March IS09. 1 AM directed by Karl (iraiivillo to ai kii()wledi;e the reeeipt of your letter of the 22nd instant.* As regards the payment of the salary of the Anglican Fishop of Rupert's Land, in the event of the transfer to ( aiiada of the territoriid rights of the Hudson's Bay Company. Lord Gr.inville desires nif to state that, having informed eaeh party tliat his proposal was inteiuh'd iis linal, and not as a basis for further nei^oti^ition, he is prieluded from giving his sanction to any addi- tional condition, unless agreed to by both sides, when, if not opposed to nuy general princijile, he will be hapjiy to eonein". I am, &c. (^signed) I'tideric Jio^iis. No. 24. 1 rcini Sir I'rcileiic Ri.^irfi, Hail , til the Hiijlit Hon. Sir Mafnird II. Noitlici'lf, biirt., M.I'. ;j April i^i ij, >\V.>\' ,*fHl, " t' V ,Siv V No. 21. - Coi'Y of a liLrriiU tiomSir Fnuliric /{oi/cr.s; Hart., to the Right lionouriihle ii\r Sl-al contained in your letter of the 9th ultimo,* *P.igo 40. for the surrender of the Co .pany's territory, &c. to Her Majesty : - "That it is ex|)edient to accede to the terms proposed in the communication above referred to, and to surrender to Her Majesty all this Company's terri- torial rights in Rupert's Land, and in any other part of British North America not comprised in Rujiert's I^and, Cjmada, or Britisli Columbia, and that the Governor and Comniittee he, and they are hereby authorised to make such surrender, on being assured that the ter\ns have been agreed toby tlie Govern ment and Parliament of Canada, provided that the acceptance of the terms by tiie Government and Parliament of (Canada shall have been signifii'd to them by Her Majesty's Secretary of State for tlie Colonics within six months after the passing :. — No. 28. — Copy of a LETTER from Sir Frniicis Sandfoi-d, to the Secretary to the Hudson's Ray Company. Sir, Downing-street, 6 August ISfiO. I AM direeti'd by Earl Ciranville to transmit to you, to be laid before the Governor and Directors of the Hudson's Bay Company, a copy of a letter from Mr. W. IL Stewart, enclosing a copy of a protest which he had forwarded to the Company against the surrender of their territory. I have, &c. (signed) F. R. Sandford. Enclosure in No. 28. 24, Oakley Square, Clielsea, S.W., End. in No. -8. My LorJ, . " 8 July 180!). Tin; Conuiiitli (' ol the llud-nii's B;iy Ciin|iany linviiig^ 'iifonjucl me thiit a suneiulur of llie Ctiiii|)iiny'> Iciiitciy is iil)oi:t to bf uiaile, I have furwaidcil to tlicni a protest ami notice (copy ot wliicli I L'lul so), and in onlcr tliat Ikr Miijestv's (■"ovi.'riiiiuiit ui:iy he awiire of the facts, and in:iy liave notice iliat tlio sale and siineudi-r is oljcited to, and cannot legally be made, I be>>' to state a.; follows: — I oliji'ct to the s;iie, except al the piicc of 500,000 /., whitli is half the amount the teirilorics V'eie valued at. 'I'liat the (-'oir.mil'ce liiul iio iiullioi ily to noj;-.tiate a sale cvrept upon such tciin>', or belter, and that iis lii y attrd without tlio .sanction ni tin- [)ropi-i(ti)rs, any ajji'eement made liv them Is not bindini.'. Th.it no sale of the trnitories of di" Company can he made willmut the sanciion of eacli mid t>eiy piopiitt>r, and lii;it ilie Act of I'arliameiit cn.tlilin^ a surrender does not avoid this necessity. That ii ih'j Conimille have staled timt the majoiity of p'oprictors have agri cd to the terms pi( posed, tliey li;ive stated that wiiich is incdiiC' t. 1st. liecausc no ieual nieetinj; h.is been held. 2.1(1. L'ccause ihe chairman niiileckd to put un ainendnienl of mine to his own motion. ;iiil. Hieuuse the vote v us taken by a show of hands, though a ballot was duly lieiiianded. ■Ith. Beeniise tie vote was not by peisiuis who had held their stock six months, ns icciuired by the 7 Geo. ;t, c. -lil. A piote-t setting' fortli all \hese objections was entered with the chainuan at tlia mottin|^'. I also sal niit that nn valid smrender can be male, because Marl Kimlnrley is the Ciiive-nor, and not Sir Stall inl Noilhcnte, the foimer haviiiL; been elected (or the year I8(it), aiid ilieift bein^ no | ower ol r. --i^n.itioii or if-ilecliou contained in the ("harlcr. 1' I -hoiM arliament. lave forwarded this letter sooner, but awaited the reply of the Canadian I have, SkC. (sinned) /;■;/(. //. Stnuirt, A proprietor of stock in the Hudson's Hay Company. 'rin>Hi'.;ht Iton. I'.arl Graiuille, k.c Secic'arv for the Colonics, 'l"o the (,'ommlttoe of the Ilud-on's Ray Company. {jenllemen. As the chairman informrd the proprietors on the second insumt that the Camuliuii Purlia- nicnt liuil addressed Her Maie.-ty nn tin; sid)ject of the ae(|uisilioM of the Hudson's Bay Territories, 1 bcfj; to give the Committee notice, lliat as a piopricior of stock in the said Compimy, I protect ai^ainst llu; sale ol the t-rrilorial rights of the ('(nnpany, and ai^ainst the Cuminittee allixinji, or cansing to be allixcd, tlii' seal cd' the Corporation to any Hurreniler, or other conveyance or doi'iiment |)in|iortiii(i; to sin-render the said territories, and that I shall hold ih(! Cominitli e, nnd eueli ami every /f them, responsible for liny attempted siineiuler of the said t> rritoiies, nml f ir alljnss, csts, dam.iLjc*, and expenses which nmy aceiue, or to which I may be put, by reason of such surrender. The grounds of my ol'jeclioii to sucli sale and buriender arc as follows ; — 1. liecause the pi ice .s wholly inadqiiatc. 2, Becttuie PAPERS RELATING TO RUPERT'S LAND. 49 2. Because the then Governor and Comn)ittee, who were trualees for ihe proprietors, Imd to authority to negotiate for the gale of the said territory, and were guilty of a breach of trust in asking a sum of money much smaller in amount than the proprietors required, and in keeping this fact from the knowledge of the proprietors. 3. Because the proprietors of stock in a chartered company such as the Hudson's Bay, even if unanimous, have no power to dispose of their territories except by authority of Parliament. 4. Because the Act uf Parliament enabling Her Mnjesty to accept a surrender of the territories in question, is merely permissive, and not obligatory on the Company, and expressly requires tlie assent, not of a majority, or of a ponion of the proprietors, but of the whole body, " upon such terms and conditions as shall be agreed upon by the Governor and Company," are the words of the Act. 6. Because the Act of Parliament has not been complied with, inasmuch as the whole body of proprietors have not agreed to (he terms, but, on the contrary, it is believed a large majority dissented therefrom. 6. Because, even supposing the majority could bind the minority, such majority of duly qualified voters has never been legally, or in fact obtained, inasmuch as the meeting at which the vote was taken was illegally convened and hi Id ; the pretended vote was by a show of hands, notwithstanding a ballot was demanded, as required under the Charter, nor was there any evidence that the parties holding up tlieir hands were proprietors of stock, or, if proprietors, that they had held such stock for six calendar months prior tu such vote, as required by the Act in such case made and provided, thus rendering .the vote so taken void. 7. Because Sir Stafford Ncrthcote is not the duly qualified Governor of the said Com- pany, and any act done or performed by him, and the said Committee, on behalf of the said Company, is null and void, inasmuch as Earl Kimberley (if any) is the duly qualified Governor of the said Company for the present year 1869. — No. 29. — Copy of a LETTER from Sir Stafford H. Northcote, Bart., m. p., to Sir F. R. Sandford. No. 29. Sir Stafford H. Northcote, Bart., M.P., to Sir F. R. Sandford. Sir, Pynes, Exeter, 9 August 1869. I HAVE the honour to acknowledge the receipt of your letter of the 6th ^ ^"8"^* '869 instant, transmitting a copy of a letter addressed to Earl Granville by Mr. W. H. Stewart, and of Mr. Stewart's protest against the surrender of the Hudson's iiay Territory. I have, &c, (signed) Stafford H. Northcote. % Ji" '! 440. O 50 PAPERS RELATING TO RUPERTS LAND. CorrespoiKlence betweon the Delegates from Canada and the Colonial Office. No. 1. Sir F. Rogers. Bart., to Sir G. E. Cartier, Bart. 30 D9C. 1 868. , Y>CC. ' - No. 1.— Copy of a LETTER from Sir F. Rogers, Tiart., to Sir G. E. Cartier, Bart. Sir, Downing-street, 30 December 18()8. 1am directed by Earl Granville to transmit lo you a copy of a letter which his Lordshij) has received fioni the Deputy Chairman of the Hudson's Bay Company, relating to some steps which have been taken under authority of the Canadian Ciovirnment, and from which they apprehend some invasion of their territorial rights. His Lordship will be glad to receive from you or from Mr. McDougall, any explanation with which you or he may be al»le to furnish him of the steps taken by the Canadian Government. I am, SiC. (signed) Frederic Rogers. '1 Vfiv No. 2. Sir G. B. Cartier, Bart., and W. McDougall, Esq., C.B., to Sir F. Rogers, Bart. \Ci .Tun. iflCg. — No. 2. — Copy of a LETTER from Sir G. E. Cartier, Hart., and W. McDougall, Esq., c B., to Sir Frederic Rogers, Bart. Westminster Pabice Hotel, London, Sir, 16 January 1869. V\'k have the honotu' to acknowledge receipt of your letter of the 30th ultimo (with its enclosure^ stating that you were directed by Earl Granville to transmit to us a copy of a letter, which his Lordship ^ad received from the Deputy Cliaiinian of the Hudson Bay Company, relating to some steps which have been taken under the authority of tlie Canadian Government, and from which the Company apim-hend some invasion of their territorial 1 ights. Vou inform us that bis Lordship will be glad to receive from us any explanation which we may be able to furnish him of the steps taken hy the Canadian Government. We have read the htter of the deputy chairman, and extracts from the letters of Ciovcrnor McTavish, and have much pleasure in l)eing able to furnish his Lordship with what we hope will prove satisfactory information, on the sul)ject of the Hudson Bay Company's complaint. 1. In the month of Sq)t( niber last, very precise information reached the Canadian Government, that i 1 eonsetjuenee of the complete destruction of their cro])s by locusts, the people of the Ked Kiver Settlement, numbering jjrobably from I'J.OOOto 15. 000 souls, were in imminent danger of starvation during the winter about to set in. 2. Numerous and earnest appeals for aid had already been made to the ( anadian public by writers in the nv'wspapers, and by clergymen and others aciiuainted with the country. The Higlit Uev. Robert Machray, Lord Bishop of Rupert's Land, a mend)er of the Council of Assinaboia, and so far a representative of the Company, visited Ottawa, and urged upon mend)ers of the Canadian Government the duty of prompt assistance to avert the threatened calamity. 3. No steps had then been taken (so far as the Government could learn) by the Hudson Bay Company to provide supplies, and aware that a few days delay at PAPJIRS RELATING TO RUPERT'S LAND. .5> at thiit season might render if impossil)le to get provisions to Red River in time o afford relief, tlie Canadiun Government ajjpropriated tho sum of twenty t.huusand dollars (^'20,000) towards tlie construction of a road from Lake of the Woods to Fort (Jarry. The Minister of Public Works (one of the undersij^ned) was directed to expend the principal p:irt of this sum in the purcliase of provisions, which w'rf to be forwarded with all possiblt; dispatch to the Red River Settlement, and offered to the settlers, not as alms, but in exchanm; for their labour on a j)ublic work in tlieir own vicinity, and of tiie higlust utility to their Settlement. 4. A confidential and experienced age: it proceeded at once to Saint Paul's, Minnesota, and succeeded in forwardinsj a considerable sui)))ly of provisions before the close of niivigation ; a further (luantity has reached Fort Aber- crombie, an American post in Dakota Territory, from which point it can be sent to the Settlement eaily in the spring. 5. Information has reached the undersigned since their arrival in England, that the Government agent had, in accordance with his instructions, c(mfcrred "with the local authorities on his arrival at Fort Garry, that he had received their ap])roval and promise of assistance, that his timely aid was a cause of muc!i joy and thankfulness in the Settlement, and that he had jjroceeded with a large force of Libourcrs to the limit of the prairie country, some 30 miles from Tort (iarry towards Lake of the Woods, and there commenced the construction of the road. 6. The immediate object of tlie Canadian Government in taking tlie steps complained of, was to supply food to ii starving community, .about to be imi)risoned for six montlis in the heart of a great wilderness, without roads or means of communication with their fellow subjects, and to supi)ly it in the way most acceptable to a high spirited people, viz., in exchange for their labour. It was ihoujiht that even the Hudson Bay Company might look with favour upon a imblic work, which, when (;ompleted, will prove a valuable protection to those luider their government, against similar dangers in tlie future. On behalf of the C;in!idian Government, we deny that a " trespass" has been committed, or that our action in tliis matter was intended to forestal or embarrass negotiations which the Imperial Parliament had directed to be undertaken for tlie transfer of th(! North Western Territory and Rupert's Land to the Dominion of Canada. The ioregoing explanation may, ])erhai)9, be deemed sufficient to enal)lc Earl Granville to answer the complaint of the Hudson Bay Company against the Canadian Governnunt, but the undersigned beg leave to add cme or two obser- vations, which, in their opinion, tiiis extraordinary demand for " the inter- vention of Her Majesty's Government," both invites and justifies. If the Hudson Bay Company, who claim the right to bold and govern the territory in which the alleged " trespass" has taken i)lace, had perfnrmed the first duty of u Government towards its people, by j)roviding them with easy means of communication with the outer world ; or, if they liad shown themselves either able, or willing, to meet the threatened calamity by a prompt efforl to forward suffieii'nt supplies to the Settlement before the close of navigation, the Canadian Governnient would have rested happy in the belief that neither humanity, nor public policy, required or justified their interference. Tlu" assertion of the Deputy Governor of the Hudson Bay Company, that the country between Lake of the Woods and Red River is " the freehold territory of the (-'ompany," and that the so-called " trespass" of the Canadian Govern- ment in sending provisions to the starving settlers and assisting them to make a rond for their own convenience and safety hereafter, is " an actual encroach- ment on the soil of the Company," might, if unnoticed by us, be claimed as another ))roof or admission of the rights of the Company in that part of the continent ; we, tlierclbre, beg to remind his Lordship that the boundaries of Upper C^anada, on the north and west were declared, under the authority of the Constitutional Act of 1791, to include " all the territory to the westward and southwani " of the " boundary line of Hudscm's Bay," "to the utmost extent of the country commonly called or known by the name of Canjula." What- 'Bver doubt may exist as to the " utmost extent" of Old or French Canada, no impartial investigator of the evidi nee in the case can doubt that it extended to, anti included, tlie country between Lake of the Woods and Rr-'. "ilver. 440. o J The I i 'Ir 59 PAPERS RELATING TO RUPERT'S LAND. The GoTernment of Canada, therefore, does not admit, but on the contrary denies, and has always denied, the pretensions of the Hudson's Bay Company to any right of soil, beyond that of squatters, in the territory through which the road complained of is being constructed. We have, &c. (signed) Geo. E. Cartier. fVm. McDouaall. m No. 3. 9 SirF,Roger8,Bart., M toSirG.E.Cartier, Wk Bart., and W. IR M'Dougall, Esq., ^1' cn. ''V i8 January 1869. lUft^ i3!V«' ♦Pngc 27. 1869- — No. 3. — Copy of a LETTER from Sir Frederic Rogers, Bart., to Sir G. E. Cartier, Bart., and IF. M'Dougall, Esq., c.B. Gentlemen, Downing-street, 18 January 1869. 1 AM directed by Earl Granville to transmit to you, for any observations wiiich you may wish to offer upon it, the enclosed copy of a letter from the Hudson's Bay Company, in answer to the proposals made to them by the Duko of Buck- ingham and Chandos in the letter from this department of the Ist of December* last, with respect to the proposed cession to the Crown of the Company's terri- torial rights in British North America. I am, &c. (signed) Frederic Rogers. No. 4. Sir G. E. Cartior, Bart,, and W. M'Dougall, Esq., C.E., to Sir F. Rogers, Bart. Q February 1 86g. — No. 4. — ■ Copy of a LETTER from Sir G. E. Cartier, Bart., and IF. M'Dougall, Esq., c.B., to Sir Frederic Rogers, Bart. Sir, Westminster Palace Hotel, 9 February 1869. We Iiave the honour to acknowledge the receipt of your letter of the 18th ultimo, enclosing a copy of Sir Stafford Northcote's letter of tho 13ih ultimo, in reply to proposals made to the Hudson's Bay Company for the cession to the Crown of their territorial rights in British America, by Iiis Grace the Duke of Buckingham and Chandos, in the letter of Mr. Adderley of tho 1st December last. You state that Earl Granville directed you to transmit this document to us for any observations which wc may wish to ofl'er upon it. His Lordship's courtesy and consideration in sending us a copy of Sir Stafford Northcote's letter, and inviting us to express our views upon it, are gratefully acknowledged, but upon reflection, we thought it would be expedient to refrain from any forma! expression of our opinion on new and indefinite propositions, until we liad received some intimation of the view which his Lordship was likely himself to take of tliem, or of tlie policy in respect to tlie general question, which Her Majesty's present advisers intend to ado[)t. At an interview with which avc were favoured by Earl Granville on the 26th ultimo, he exj)ressed his fofeience for a less complicated mode of dealing with the Hudson's Bay question than that proposed by the Duke of Buckingham and Chandos, and requested us to communicate to him our ohservations on the reply of Sir Stafford Northcote, and especially on the proposition with which his letter concludes, viz., that tho Canadian Government should " complete the purchase " of the territory at once, by the payment of a sum of money, or by tiie delivery " of bonds." As wc have !iad but few opportunities to confer with his Lordship since his accession to office, it may be i)roper, before considering Sir Stafford Northcote's letter, to state the position of the Canadian Government, as we apprehend it, in this negotiation. Tho British North America Act, 1867, affirmed the policy of uniting under one Government, all the Colonies, Provinces, and Territories of British North America. Three Provinces were united at once, and provision was made hy the U6th PAPERS RELATING TO RUPERT'S LAND. 53 I46th section, for the admission into the union of tho remaining roloniea, on Address to Her Majesty by their iesi)ective I. eg i sin tu res, and the Parliament of Canada. The North West Territories and Rupert's Land, or either of them, are to be admitted on the Atldress of tlie Parliaraeiit of Canada alone, and on such terms and conditions as the Canadian Parliament may in its Address express, and Her Majesty approve. In pursuance of the policy of the Imperial Parliament tlius distinctly aflirmed, the Canadian Parliament at its first Session, under the new constitution, adopted an Address to Her Majesty for the incorporation of the North West Territory and Rupert's Land with ilic Dominion of Canada. Via terms and conditions expri'ssed in the i. ddress were, — 1st. That Canada should undertake the duties and obligations of Govern- ment and Legislation in respect of tliose territories. 2nd. Thfit the legal rights of any corporation, company, or individual within the territories should he respected, and that provision sliould be made for that purpose by placing those rights under the protection of Courts of competent jurisdiction. 3rd. That the claims of tlio Indian tribes to compensation for lands required for purposes of settlement, sliould be considered and settled Ip con- formity witli the equitable principles which have uniformly governed ihe British Crown in its dealings with the Aboi'igines. The above were the only terms ai.d conditions which, in the opinion of the Canadian Parliament, it was expedient to insert in the Order in Council, autho- rised by the 146tli section. His Grace the Duke of Buckingham and Chandos, on receiving the Aed, among other things, that " there would be much difficulty created by the existence ** of the Charter" of the Hudson's Bay Company "to ])utting into execution "the powers of the I40th (146th) section of the British America Act, 1807, *' assuming that the Hudson's Bay Company were adverse to the union." A Bill was thereupon carried through the Imperial Parliament apparently to remove the " diffinilties" which the Law Officers had discovered. It reverses the order of procedure contemplated by the Act of 180", and ohserved by the Canadian Parliament in its Address, and makes the assent of the Company a condition precedent to the transfer. The Canadian (Government were not consulted as to the terms of this Act ; they could not understand why it was necessary, and greatly doubted the expe- diency of passing it. The Duke of Buckingham and Chandos having opened negotiations with the Hudson's Pay Company under the authority of the Act la'it mentioneil, invited a delegation from the Canadian Government to confer with him in tlii^ country. The undersigmd, duly commissioned for that purpose, repaired to Loudon in October last, and had freipient interviews with his Grace be ore his retirement from office. The proposals submitted to the Company by the late Government in the letter of Mr. Adderley of the 1st Dece'ntier last,* were not made at our suggestion, although we were disposed to think (and so informed his (irace\ that if t'le Company accepted them, the Canadian Parliament might be persuaded to undertake the duties of legislation and government in the territories, on the con- ditions specified. Tiie Company, through Sir Stafford Northcote. have declined to accept either the principle or the mode of settlement proposeil by ihe late Government, but, suggest a new and summary method of closing the negotiations, by demanding that t!ie Canadian Govern* .it should, by a payment in cash or bonds, '• complete " the purchase of the territory at once." No sum is mentioned, and no date given from which it can bo inferred. Under these circumstances we are asked, as representatives of the Canailian Government, to communicate to Earl (Jranville any o!)8ervatious we may wish to oiler on this reply and proposition of the Company. His Lordship will readily perceive from the foregoing recital, that as reprt;- sentalives of the Canadian Government, we are in the positioii of sjiectators of a negotiation, begun and carried on upon principles and under conditions to which 440. a 3 wo * Page 27, 54 PAPERS RKLATING TO RUPEIITS LAND. IVi i i> we arc stnmgers, ratlur tliar. iliaf of assenting [jrincipaU, rcspousiblo tor its initiniioii, and bound l>y its ns.ilts. \\ itiioiit undertiikiiiu;, tliori'foie, tlint cur views on every point will be approved by tic t'iinadiaii (iovemiuent, we proceed most respeeti'nlly to oli'ur a lew obscrvclions on Sir Siatlord Nortbeote's reply to the recent proposals ol tlie Ini) erial Goveiunii lit. It will he obsei ved tiiiit two tliinjys are assumed in tbs'se pr!>po6als to the Com- pany, wliiclitlie Caiindian (Jovi riinunt lias always di-piited : — 1st. That the Charter of Charles II. is still valiil, and !:;rants the right of soil or freehold of Kupeit's Land to the Company. 2ns we have already shown), that their territories were " unfit lor setthinent," professed their readiness to surrender any jiortion of them that might he desired by the Imperial or Canadian (Jovernment for that purjiose. Mr. Ellice declared, in the most unqualified terms, not only that the Comi)any was willing to surrender, but that it was tlie duty of (iovernmeiit to see that no mere trading corporation obstructed " for one moment," nor to the extent of " one acre of land Ht for settlement," the "dominion of the " actual settlers." (Commons' Report, 1857, questions 5H.j9. 5860, and 5933.) The Governor of the Comjiany infoimed tiie Colonial Secretary (18th July 1857) that an inquiry into the " geogiaiihical extent of the territory granted by " their Charter," which the Law Officers had recomTnended, was of little im- portance, because, if the object of the inquiry was " to obtain from Canada land " fit for cultiv ation and the establishnienl. of agricultural settlers, tlic Directors " are already prepared to recommend to the shareholders of the Company to cede " any lands which may be required for that purpose." *' Tlie terms of such " cession," he sk ^ured Mr. I.ahouchere, " would be a matter of no difficuly be- " tween Her .Majesty's (ioverument and the Conijiany." Mr. Ellice had previously told the House of Commons' Committee that the n of boundarv was "of no importance at all," because if the " Province qoestio 44" import G 4 "of 56 PAPERS RELATING TO RUPERT'S LAND. t " of Canada reqisiiea any part of the territory, or tlio 'fhole »/ it, for purposes of " set'k'inent, it ought not to be permitted for one moment to remain in the hands " of the Hudson's Hay Company." He added that " less nionejf than would be " spout in a litigation upon the subject wouKi be 8ufficiei.t to ndcuinify the Hud- " son's Hay Company for any claim wliieh they couM hav; on giving up any " disputed part of tlu ir territory.' Tlieso assurances induced tlie Committee to ne;^ative propositions for a jcer- tainiM!.'. by a judicial inquiry, the validity of tiie Cliarter or tho oositimi of 'ooun- daries, iind to rt])ort in liivour of anncxnig to Canada '* such portion of the land " in he' neiglibourliood as uiuy bo available to her for the purposes of settlement, " witli uhich she is willing to open an('< maintain communication, and for which " she v\ill provide the means of local administration " The Committee " trusted " that there would be " uo difhculty in ellecting arran'jeuicnts as between Her " Maje.-ty's Government and tlie Iludson's Bay Couiiuny " for ceding the terri- tory on " equita'jle |)i inciples." It may be proper to riinind Earl Cranville that leading members of the Com- mittee of 1857, taking the oli'ers of the Company on the subject of colonisation to ir.ean what tlie languajio of their representatives imported, strongly opposed the lecomuii'uilation to leave tlie <|uestion open for " amicable adjustment," i.pon '■ equitable jirinciples," with the rertainty of protiacted negotiation and a chcince ot uliiniatedi-^agreement ; Mr. Gladstone accordingly submitted a resolu- tion for a prcnipt and definitive settlement of the whole question. He pioposed— Isl. " Tiiat the country capable of colonisation should be withdrawn " from the jurisdiction of the Hudson's Bay Company." That the country incBp.''ble of colonisation should remain within l^nd " their jtiribdictiou." He proposed that in the country remaiiiinj; within their jurisliction power should be reserved to Her Majesty's Goveruuient to make grants '• for the pur- " poses of mines ami fisheri^j, but with liue egard to the immunities and trade " of the Cimii'any." No " immunities " were even suggested, with respect to the country which was to ho withdrawn for colonisation. He proposed lo ignore the Cliarter by declaring that the jurisdiction of the Company " should rest, " hencelbrth, upon the basis of s* itute." He (juoted the (iovernor's letter above re.'encd to " as an exprpr-ion of the willingi;es;i of tiie Company to accejjt, in " principle, the arraiig< nieut " he pr.)posed, and ended with the suggestion that, " as the Company had tendered concessions which may ))rove sutHcient to meet " the case," uo decision seemed necessary as to the question of raising " ajudieial " issue, with the view of ascertaining the legal rights of the Company." The propositions of Mr. Cladstone were only lost in *he Committee by the casting vote of the Chai' man. Twelve years iiave p isscd since these ofl'ers were made by the Company, and accepted by a Committee of Parliament. Every Cjlouial Secretary from 1858 to the present moment has attempted to cany out the recommendation of the Committee, with the assent of the Company, but without success. Two Acts of the Imperial Farlianient have been passed, with ])rovisions to facilitate the arrangement, but are yet without fruit. Sir Edward Lytton Hulwer character- ised the otfers of tlie Company during his administration as •' illusory," and declared that they " by no means met the exigencies of the case." He (Expressed his regret at a determination on their part which '• retains the very diH.eulty in "the way of spetiiy and amicable settlement, which he had sought to remove," and stated that if Cann.da declined to resort to " legal proceedings" (wl.ieh he had reeomiiiended), " it would L'j his duty " to consider " whether negotiations " with the (xnipany can be resumed, or whether, in the last resort, li".r Majesty's " Go\ jinnient must take the matter into their own hands, and proceed on their " own account" ;^Mr. Meri /ale's 'ettci to H. H. Hertns, JJth March 1859). Sir Edward remained in office lon^ enough to put an end to tl.o Company's license of exclusive tilde in British Colupiljia and the Indian territories, but not long enough to carry out his policy of " connecting the two sides of British North " America, without the obstac.'e irterposed by a proprietary jurisdiction betweea " ihem." The Duke of Newcastle opened negotiations with the Company hi 1863-4 with much vigour; but after vuricus proposals and counter-proposals, including the PAPERS REL.VTIXG TO RUPERT'S LAND. 57 the " reconstruction " of tlie Company, he was ubligi.d to treat their propositions as " inadmissible." Mr. Cardwill, during his administration, ccjuld not accept their proposals " without considcrultje moditications." Tlie Duke of Bucicin^^liam, after many discussions with tlie representatives of tiie Company, regretted to perceive that their proposals " did not afford niu»;h "prospect of an arrangement being come to," and in the communication, to which tlie letter of Sir Stafford Nortlicote is a reply, declared himself '• unable " to reconmend the adoption" of the terms demanded by the Company. Our notice of what, in Sir Staffoid Nortiicote's opinion, constitutes a "ciiecrful" acceptance of the decision of Her Majesty's Government, would be incomplete, if we did not remind Earl Ciranville tiiut the Company's "proper conditions" for the surrender of that portion of the North Western Territories, for wliich they can show no title, hui such as may he derived from the possession of a few trading posts, established there within the last 50 years, rose from a question of " no importance at all" in 1857, or at most, to " less money than would be " spent in a litigation on the suhject" (House of Commons' Report, question 6834), to the retention, in 1863, in fee-simple of half the lands proposed to be surrciulcrcd, with various other dinditions, including a guarantee by tiie Govern- ments of Canada and British Columbia, of an annual profit on tlieir own expenditures, for improvements on their own property. In 1864 these conditions took the form of a demand, first, to he paid 1,000,000 f. sterling from sales of lands and mines, with large reservations "to be selected by them," &c., and secondly, to be paid 1,000,000 /. sterling in cash, with other terms and reservations favourable to the Company. In 1868, these conditions for the surrender of territorial and governing rights over the whole territory remained at 1,000,000/. as in the first proposition of 1864, with large reservations of land, at "selected " points, exempted from taxation, and w ith full liberty to carry on their trade, free from the export and import duties, to which all other subjects of Her Majesty in that country would be exposed. In 1869, tiiese various j)roposals, wliich no Secretary of State could possilily entertain, have all been apparently merged in one grand proposition to sell out " the territory at once for a sum of money " in casb, or bonds, tlic i.muunt of which is not stiited. We content ourselves, under this Iiead, with tiie observation, timt whatever others may he able to si^e in all these transactions, we are utterly unabl ■ to discover, ei.iier a cliecrlul accept;ince of the decision of any Government, or an honest disposition to fulfil the solemn pledges made to Pailiament in IS.'j", on the faith of which the Company was unquestionably saved from judicial or le.islative extinction. Sir Stafford Northcotc claims credit for the Company, because they have " declineil to encourage overtures which have been made to them l)y i)rivate " persons for the purchase of portions of the Company's territory with a vii'w to " their colonisation." Our information is (and we can give Earl Granville names and dates,- if the point is deemed of any importance), that the only " overt nrer. " i)f the kind mentioned, which the Company have received, ucre not merely "encouraged," but suggested and concocted, by prominent members of the Company, for the pur()ose of producing an impression on the Government, and witii a view, not to colonisation, Ijut to tiegotiation and the stock market, We are not sure that we understand the statement of Sir Stafford Noriheotc, tliat the Company " have taken no step which could give rise to fresh complica- " til lis, or place any new difficulty in the way of the admission of their territory " into the eonfederation." The sale of land to private parties for colonisation (assuming that bond fide offers have been received from such parties) could not give lise to much complica- tion, excc|)t in the affairs of the Company. If Sir Stafford hints at the negotiations which were lately reported to be going on with certain American speculators in Lonilon, for denationalising and Americanising the Company, with a view to the "admission of their territory " into the United States instead of the Confederation, we respectfully submit that while such a difficulty might in. teed be " new," the propir person to solve it would be Her Majesty's Attorney General, with the aid of a court and jury of competent ju"isdiction. We do not understand that Earl Granville expects us to defend in detail the Duke of Buckingham's proposals, or to answer all the ohjections made to them by Sir Stafford Northcote. 440. H The s» I'VPLRS HELVTINXi TO UIPKRTS LAND. I The Cidvcmn nit o( C'liiuidn. ns wi liave alrtiuly remimled his Ijordship, iititlur suggesieii tli»' Act of Pailiiiiiii nt nor the terms of tlie negotiation which tlic late Sctrctfin 1 State f'cr the Colonics attcniptdl to cftriy out under its ill Midrity. Tiic C'aiiadiai |)lati of dc.ilin;; witii llic (|U' stion ;>r tlie Nortli \\i-tcrii 'I'l rritorv ; i d Kupeit's (iiid is si-t tbrth in the V* deeiiii'd inipraeiicahle. Sir Siiitt ird Xorilicotv'si sn^mstion, tiia: •' tiie paynicni ot a sum of money" ;or till puiihase of ihc teriil ry louid conduce to a more si' iafartory result, is, \vc believe, the point upon wliiili Karl (iranviljc .speciall . desires to liave our view-, .iss' min»? that by '• territory " he nnans the «•/:n >hoiild be ill rived frou. i.r future rrvemie of the icrritory it-ed', and pay:tl)li' only as it can e into the linnd- of Liovcrninci.t. Tlii.s princi/tlc \\a-> also accepted bv i!ie Company in their coniinnnic tiou of 13ih Aprii IHGI. *2. On the other band, the ])riiiciple of ascertaininir and (ixiuii a money value ujif'ii tie tiriitorial rights of the Company " in the Uriti.di territory eastof t'le ■' H( ckv .Mountains and nortii ot the American and Canadian line-," and nf ex- tiupnishinp tlu)«' rifjhts iiy a |);',ynient " at mice," was suggested in lH(i5, hv a deleuatidti from the Canadian (lovernment of that day, and assented to by Rir. Cardwi 11, then 8ecri tary of State for the Cohiuie-s, and his collea-^ues. if the 1 .ttir principle or mode of settlement is now to be adopted, it is obvious that ti c Hr-t 'I".', ion i> — What is the nature of these '' rights," and what terri- tories do they afleet? and the second — \\ hat are the ri!:h*s sejiarated from the liiit'iis am' Imrdi ns attached to them by the Charter fairly worth .' V» e *iball not atteinj t X" answer these (piestions fully in the |)resent communi- eatioii, bu «■.• venture to S' bmit, fur Earl Granville's lonsidt ration, a ^e. Isi. The Charier I'f Charles II. (and for the present we raise no cpiestion as to its validity) could not, and did not, j;rant to the Hudson's llay Comi)any auy terrilur-, in America which was not tlieii subject to the Crown of England. 2. The Charter expressly excluded all lands, &e., then " possessed by the " subjects of any other Christian prince or State." 3. By the Treaty of St. Ciermain's-en-Laye, IG32, the King of Kngland re- signed to the King of France the sovereigntv of Acadia, New France, and Canada i:eneraliy, and without limits. 4. " I.a Nouvelle France" was then understood to include the whole region of Hudson's Hay, as the maps and histories of the time, English and French, abundantly prove. y, At the Tk at\ of Ryswiek { 109"), 27 vears after the late of the Charter, the rivht ot the French to " places situated in Hudson's Bay " was d'Hii^-tly admitted, and although Con!nis>ioners were appointed (but never came to an agreement) to ■■ examine and det'. rniine the [Tetensi'iis which either of tlie said kin<;s hath " to tie places situated in Hudson's Bay," and with " authority for settling the •' limits anil o nhnes of the lands to be restored on either side," the places taken from the English '.».(., from the Hudson'^ Bay Company) by the French, previous to the war, and " retaken by tlie English during this war, shall be left to the " French hy virtue of the foregoing (the 7th) Article." In other words, the forts and factories of' the llucison"^ Bay Company, establish* d in Hudson's Bay under pretence id theii Charter, and taken possession oi by the French in time FAPEIIS RELATING lO laPERTS LAND. S9 time ot pt'.ice, on the jrro'.iMcl tl>;ii ih. v Men an im.irionof Fr ndi tcriitoiy. were restoivd, by the Treaty of Hyswick. to the Frciie! , and not to the Company. n. Hy thv Treaty ot Uireclit, 171 1. " lln' I'ay and ^tni'tw of Hudson, loLit-tiier " with all lands. Hfas, •?( u-coasts livcis, and idaces >ituaie //( t/ic liaj and StrniU " and wliicli heloni,' thereto," wen tinulK < edod to Gn at Bri'aih. 7. As no definite Imundaty was ever i t-t ihli-hed Ix-twcen the poss'S-iions ot the Freneh in the interior, md the linulish at Hudson's Bay, down to t;ieTreat\ of Paris (i7t)3). whvn the whole ot Canada was ceded t) Great Britain, thi extent ol the actuiif |)(>sHe-sion hy tlie two nations :or some perio'', *.iy from tht Tnaty of Utrecht to the Treatv ot Paris, atl'urds tiie oidy rational and truo basis for uacertnining; that boundary. H. The evitlence is aliundant and conclusive to prove thai the {""rench traded over, and pos-es-sed, tlic whole of the countrv known as tiie Win dpeg Basin, and " Fertile Belt," from its discovery hy Europeans, down to the Treaty of Paris, and that the Hudson's Bay Company neither traded, nor establishe ! iw.>is, o tiie soutli or west of I.;ike Winiii|)eu, until many years aftt r the cession of Canada to England. 9. No other, or -ubse(|iient grant to fiieC.miiany wa» everma'ie, whieli eoul ! possibly extend their territorial richts unier their Charier, i he license to trade in " thi' hnlian territories" whieh they ol>tained in IbJl, was revokeil in IH5H. and has noi heen renewed. 10. The country "hieii, in view ol ihes I icts, niu>t be exelud(?ii Irom the operation ol the Ci inter, includes all the lands lit for euliivjition ami settlement in that part of British America. It will he f(ir Earl Cir.mville to consider w'etlior this Conii^auy is entitled to deiiiami any payment whatever for suneiidering to the ("rown that wliieli already belongs to it. We eonfess our utter inaMlity, upon any i)rincip]e of law or justice, or public policy, with which we are acquainted, to e-ti uaie the ninount which on|Lrht to be paid under such circumstances. The only basis of computa- tion we can discover, api>licable to such a case, is tlie cost (d the leg.il proceeil- ings necessary, if any he necessary, to recover possession. A person has taken possession of a part «d' \our domain under the jiretenet that it is included in a deed whicii you gave him lor some adjoining property, !)■ fore you purchased tlie domain ; you v, ant to ^et rid of him, hut will be compelled to bring anaetion. lie is artful, stubborn, wealihy, and intluential. He will be able to worry \ou with a tedious lltijiiition. How many acres will you allow him to " reserve," and how much vvili you pay to save yourself the cost and trouble of a law suit? Compromises of this kind are not unknown in private life, and the motives and calculations which govern them, may be applicable to the present case. We recommend this mode of computing the ; inounl of the payment to be made for the surrender oi the North U est Territory, as distinguished from Rui)ert's Land, with all the more confidence, because it h is already been hUggested by one of the ablest and most trusted of the representatives of the Company {see Evidence of Right Honourable E. Ellice, Mouse of Commons' Report, 185/, question 5834). \\ ith n^speet to Rupert's Land, or " the lands and territories " upon the coasts and confines of the seas, bays, &e. " that lie within the entrance of the Straits, " commonly called Hudson's Straits,'' " not possessed by the subjects of any oiher " Christian prnue or State," a ditl'erent rule, we ailmit, may be held to apjdy. Givini' to the words oi grant the widest construction, territorially, that could possibly be admitted by any judicial body, whh the facts of the case in evidence belou; it, or giving to these v. ords theeonstructien which the Company themselves aujdied for a hundred years from the date of their Charier, the " right*" they prh to retain. It has never been alleged, even by the most sanguine advocates of the ucw theory of ihe Company respecting land sales, that any revenue can be derived from that source within the limits which we have assigned to Rupert's Land. The cost of Government there, inconsiderable though it mav be, will always exceed any possible revenue. We ari' thus led to the same conclusion as in the 440. II J case 6o PAPERS RELATING TO RUPERT'S LAND. case of the territory claimed, but not owned by the Company, viz., tliat what they propose to sell has no pecuniary or commercial value. They are there, however, by at least a show of right ; being there they obstruct the progress of Imperial and Colonial policy, and put in jeopardy the sovereign rights of tiie Crown over one-third (and, as some think, even a larger portion) of the North Americitn continent. " What is it worth to have this obstruction quietli/ re- " moved r" This is, perhaps, the true question, but the answer, we submit, belongs rather to Her Majesty's Government, which has the power, in the event of nsistance, to remove the evil by a summary ()rocess, than to those uiio are little more than spectators of the negotiation. Karl Granville is aware that several attempts Iiavc been made since 1857, to arrive at a definite agreement on tlie subject of compensation. The sugges- tions and proposals on each side, to^ .'tlier \\'\x\\ the actual market value of the Company's stock at diflbrent periods, supply data, which his Lordship may deem of importance, and we theretbre respectfully submit our views as to tiie conclusions which may be deiiuced from tliem. The first attempt of tho Iiuperii.l Governuient to estimate and express in pounds sterling, the compensation which it would be reasonable to ofl'er to the Company, was made by the Duke of Newcastle in 1804. The greatest sum which after " very grave consideration," his Grace felt himself able to propose for the surrender of the country west of Lake Winnipeg, was 250,000 /. ; but the payment was subject to the following conditions : — 1. £. 150,000 was to be derived from the sale of lands by Government within the territory. The pajTnent was to be made at the rate of 1 s, per acre sold, but to be entirely dependent on the Government receipts. 2. Payments were to cease whenever they reached 150,000/., and absolutely at the end of 50 years. 3. The Company was to be paid one-fourth of the sum received by Govern- ment for export duty on gold, or for mining licenses, or leases for gold mining in the territory, for 50 years, or until the aggregate amounted to 1,000,000/. 4. '1 he payment of any part of the 250,000 I. was continuent on the ability of the Cumpany to place Her Majesty's Government in possession of an " indis- " putable title " to the territory ceded by them, as against the claims of Canada. The last condition was objected to by the Company on the ground that they could only give such title as they had, which they contended " must be taken " for better ior worse." The Duke of Newcastle renewed his ofl'er, modifying the last condition into a stipulation that, in case it should be found advisable, the territory, eastward of a line passing through Lake Winnipeg and Lake of the Woods, might he ceded or annexed to Canada, in which case, nothing would be payable to the Company in respect of that territory. The present value, in cash, of such an offer, subject to the conditions and contingencif ~i specified, would be very diflicult to ascertain. The revenue from export duty <>n gold, and for licenses, would probably be nil. Tho reveuue from land Sides, if the cost of survey, management, and necessary roads, were deducted, would be nil also. It is very (loul)tful whether, if these deductions be made, the revenue from land sales in the Provinces of Canada, from 1763 to the present time, would show a surplus. Sir Stafford Northcote quotes the price of land in Minnesota, and thence infers the value of lands on the Hod River and Saskatchawan districts, which lie from five to ten degrees further north, and are still in the possession of the wild Indians of the plain ; but we think it will be found that the lands in Minnesota, which sc'! for "one pound per acre," are cither private lands, in the neighbourhood of towns, or the property of railway companies, on or near which millions of dollars have been expended to make them saleable; they are certainly not public lands, unimi)roved bv public expenditure. Sir Statlord ought to have mentioned, at th(! same time, a fact which we believe is known to every emigrant who leaves the liritish Isles for America, that in the western states of the Union, and in the Provinces of Canada, wild lands are now given to settlers as " free grants," and we may add that this policy is more likely to bt extended than reversed. To talk of the value of public lands as a source c)f revenue, di* taut from one to two thousand miles from available markets, and PAPERS RELATING TO RUPERT'S LAND. 61 and without ro.ids or navi^rable waters by which to approacli them, is to con- tradict all experience, or to assume thiit the cost of surveys and management, and of canals roads, and other improvemunts for their development and settle- ment, will be supplied by th«se wiio do not own them, for the benefit of those who do ; but in order to arrive at some result tiiat can be expressed in fii^ures, let us assume tiiat the sum ascertained by the Duke of Newcastle to be a sufficient "compensation," wouhl, under his proposiiion, have been paid within 50 years and at an average rate per annum, — we thus give tlie Com|)any the benefit of all the doubts in the case, and reduce the question to a simple problem in arith- metic. What is the present value of an annuity of 5,000 /. for 50 years ? That value, we submit, is the highest amouni, in cash wliiv.*li can ite claimed as an equivalent ibr tiie otter made to tiie Company in 18G4, by his Grace the iJuke of Newcastle. The next offer of tlie Imperial Government, which mentions a specific sum, is that made by iiis Grace tlie Duke of Buckingham and iMiandos, on tlie 1st of December last. It differs from the previous offer in several important par- ticulars. 1. It embraces the whole of the territory claimed by the Company. 2. It proposes to allow the Company to retain their "posts" and certain allotments of land in tlieir vicinity, with a small reservation iii each townshij), as it is surveyed. 3. It proposes to allow the Company one quarter of the receipts from land (free grants being treated as sales at 1 s. per acre) and one-fourth of the sum received by Government as an export duty for gold and silver, or for licenses for mining for gold or silver. 4. It limits the amount to be received under these iieads conjointly, at 1,000,000/. sterling. The other stipulations are unimportant fir the purpose of ascmaining the cash e(|uivalont of tlie propo?ition. It is evident that the " unknown quantities " iii this equation are as difficult to find as in the first. We know the total sum to be paid and the proportion of the receipts from lands and mines applicable for its payment, Imt we sO years? We have omitted from tho last term the one-fourth of the Government receipts from gold and silver, for two reasons: first, it has not been shown that there are any gold or silver mines in the territory that will pay for working ; second, all the attempts heretofore made to obtain a revenue from sneh sources in Canada have failed, and public opinion has forced the local Governments to adopt the policy of what may be called " free mining,'" or cheap lands for miners, and abolition of royalties and imposts, except to meet the cost of pre- serving the jicace, and of surveys and necessary supervision. There is another proposition on the Government side, which bears on the question of " compensation :" it results from the agreement between the repre- sentatives of the Government of Canada and Her Majesty's (.Jov(rnment in 1865, and containing fewer elements of uncertainty than propositions which involve questions of Goverument policy, emigration, land, sales, &e., it can bo reduced to a cash value with greater exactitude. 440. H 3 Mr. 62 PAPERS RLLATINC; TO RUPERTS LAND. Mr. Cardwcll describt's the atfrfemint us follow.-: " On the foiirtli point, tlie " siibjfct ot" tlie Niirth- Western Territory, tlie C-anailian Ministisrs tlesired ihiU " tliiit territory shouM be tnado over to (^anadii, and undertook to iieu'otinte with " the Hiulson'-i Bay Company for tiie termination of their rights, on comlition " thiit the indminiry, if any, shoulil be paid by a loan, to he r.ii8erablish, and that liie compensation to that Company (if any " Were found to be due) should be met by a lo;iu miuraiiteei by Great Biitaiu. " The Imperial Govirnnicnt consented to this, and a careful investi;..;iiiion of the " case satisfies us that the compensation to the Hudson's Bay Company cinuot, " under any circiiin.stances, he onerous. It is but two years since the present " Hud-on's Bay Company purchased the entire pro|)erty of the old Company; " they paid 1,500,000/. fur the entire property and assets, in wiiich was included " a laroc sum of cash on iiand, lar^je landed properties in British Coluni'tia and " eisc\ hci'i'. not inekidcd in our arrai:0y - - .'570,000 - - i.;5fi.'J,on<) - -' ■1 ,' On the face oi' their own -tateinent, l,.'jGO,000/., /ess the above sum, or HKI.llil/.. was the amoiuit which tlf new purchasers actually /'«W foi' the " landi'd territory." L'lider tlicagreeim tit of 186."), this se s to "h( the highest sum which Mr. Canlwell ano the representatives of the C madiaii Government thougiit could, in tmy event, he demanded by the Company, as indemnity or compensation for the suvreii''er of the rights they " «ould lie able to establish." We liiive thus attempted to convert into their e(|iiivalents in cash tiie two otlers made to the Co'opany since lH.")r hy the Imperial Government, and to asceitain tlx amount oi the imieinnily conti'inidated by Mr. Cardwell and the Canadian delepales, in the arrangements of lH ulirilnof it couM he sold at the inarket rate, is l,3r)0,000 /., or 43,.'»(iJ)/. I>.ss thiin tiie wtliie, accunling ti tlicir own estriiuate in 18G3 of the Company's assets, iwclusivf 01 the " landed t' riitory " Tiie money ol)tainef the Cnmpany to perform the duties ol (ioveriinunt (\vliicli were pari of ilif consideration for till' r'hj^hts conceded hy the Chartrr are not to b.' ialhi.st indi mnity, which ought lo be paid in la.-h, lor a smri'iider of th>' territorial clain.s of ihe ('oni|)auy, with ihi resirvaiious an 1 other priviic';j;cs offered bv Mis Grarc the Duke of Mnckiiigham ad Ciamios, is the -.uni in iieated by tJie f)re- going computations. We must, in conclusion, express t» Earl Granville our .strong conviction that no money olier, whicli either the imperial or the Canadian Government v»ould deem reasonable, will be accepted by the Company, and that to delay the organisation of constitutional [govern ment in the Nortii-West Territory until the Hudson's Bay Company consent lo reasonable terms of surrender is to hinder the success of Coulederatiou in British America, and to imperil the interests and authority of the British down in the '-^rritories now ruled by the Company. We therefore resjiectfuily submit for Earl Granville's con.-ideraiion, whether it is not expedient that the Address of the Canadian Parliament be at once acted upon, under the authority of the luijierial Act of 18G7. But if his Lordship should see any sufficient legal or otiici' objection to that coufse, then we ask, on behalf of thr Dominion Government, for the immediate transfer lo that Governnn'ut of the " Norrh-West Territoiy," or all that part of I5ritish North America 'rom Canada on tlie east, to ih'itish Columbia, .Alaska, and the Arctic Ocean ou the west and north, not heretofore validly granted to and now held by '•the (iovernor anl ( omp any of Adventurers of England " trading iulo Hudson's B.iy,'' by virtue of a charter of' Kinj^ Chirles the Second, issued about the year IG70. We have, &c. (signed) Geo. Et. Co.rfier. flillitm A/'Duu(/(ill, There — No. o. — Copv of a LETTEU trom l^ir I'nHk'ric Riyns, Bart., to Sir G'. E. Carfier,Yi&rt., and //'. M'Doiiiiall, Es(i., c. b. Gentlemen, Dowmnn-street, 9 March 180f). Loud Ghanvii.i.h. transmit'cd to ihe (iovernoi of the Hudson's Bay Company a copy of yuur Letter of the !)ili February,* and I encloH', by hi- Lordsliiji's direc- tions, n copy of the answer which he has lectMved, The conclusions to which be has been led. after a careful consideration both of the corresjiondeneu which has passed and of the various k presentation^ made orally to him by yourselves and by the (iovernor and Deputy (Jovcrnor of the Company, are embodied in the enclosed Letter, which he has directed me to 440. H 4 address No. ,5. Sir F. I'otifis, Dnrt., to .Sir G. CiirtitT, Burt., and M'. JI'Doiigall, Esq., CD. y .Sinreli )8C(). • Piib'o 5a, i^:!:y>sc, '9. '40, 64 PAPERS RELATING TO RUPERT'S LAND. I "i^ address to Sir S. Nortlicote, and which you w>!i be good enough to consider as conveying to yourselves also tJie views of Her Majesty's Government. His Lordship is coi'itidtnt that you will give it your earnest attention. His Lordshi|) desires mo to add, that in case the terms suggested in this letter shoulil be accepted by the partius concerned, Her Majesty's Government would Coiiiiiuind Paper ''^ prcpJired to fulfil the expectations hclil out in Mr. Cardwell's Despatch of 19 .lune 1805, ' 1 "tb June 1865, and to propose to Parhamei;*^ tbat the Imperial guarantee should CanadttConierence. be given to a loan of 300,000 /., the sum wL ich is proposed to be paid over by Canada to the Company on the transfer of the Company's rights. As this is a matter in whicii the Company has no interest, it is not adverted to in my letter to Sir Stafford Northco*e. I am, &c. (signed) Frederic Rogers. No. 6. Mr G. Curlier, Bart., and W. M'Dougall, Es()., c.ii., to Sir F. Itogcrs, Bart. 27 Marcli l8(ig. * Page 63. — No. 0, — Copy of a LETTER i'rom Sir G. Cartier, Uurt., and 11 . M'Doiigall, Esq., c. b., to Sir Frederic lingers, Bart. Westminster Palace Motel, London, Sir, L>7 March 1809. YoT R Letter of the 9th instant,* enclosing a copy of the proposals ' lade by Lord Granville to the Hudson Bay Company in your Letter to Sir Stafford Nortlicote of the same date, has not been foimally acknowledged by us in con- sequence of a doubt, not yet removed, as to the acceptance of those proposals by the Company, \^'e stated verbally to Lord Granville our objections to his proposals, but finally consented to recommend them to the Canadian Govern- ment on condition that the Company first signified their acceptance of them. Sir Stafford Northcote has •'ince opened communication with us directly, and pro[)osed important modifications of Lord Granville's terms, to which we cnuld not assent. On some points ol detail « e agreed that the terms might be varied or (|Uiilified, if such variation or qualification would be likily to make the ariai penu nts, as a \\L(;le, more acceptable to the sharelMilders of the Company. Vie understand Sir Stafford Nurthcote has accjiuiiiited Lord Granville with the correspondence which has passed between iis on tliis subject. The Company having, at their meeting of the 24ih instant, postponed for a fortnight the {|uestion of accepting Lord Granville's proposals, we regret that we are unable to auait their decision. Our public duties require that we should immediately return to Canada, and we have now tlic honour to repeat the request contained in our letter of the 9th February, viz., that immediate action may be taken by the Imj)erial (iovernment upon the Address of the Canadian Parlii.^iient of December 1867, or that, pending the negotiations for the transfer of Rujiert's Land, " the xNortli Wi stern Territory," or all that part of British North America from Canada on the last, to British Columbia, Alaska, and the Arctic Ocean on the we^t and north, not heretnl'oie validly granted to and now held by *' The Governor and Company of Adventurers ot England trading into Hudson's Bay," may be imnu diateiy tiansfcrred to the Dominion of Canada, under the authority ot the liritish North Anitrica Act o( 1H(>7. We have, &c. (signed) Gen. Ft. Cartier, Wm.M'Dougall. th(3 a »{ po Pui con Coi PAPERS RELATING TO RUPERT'S LAND. 65 APPENDICES. Appendix. APPENDIX L C. B., Clause 146 of the British North America Act, 1867. XL— Admission op other Colonies. 146. It shall be lawful for the Queen, by iind with the Advice of Her Miijesty's Most Power to admit Honourable I'rivy Council, on Addresses from the ILniscs of tiie Piirliament of Canada, and Newfoundland, &c . from ihe Houses of tlie respective Legislatures of the Colonies or Provinces of Newfound- into tlie Union, land, Prince lulvvani Island, and British Columbia, to admit those Colonics or Piovinces, or any of them, into the Union, and on Address from the Houses of the Parliament of Canada to admit Rnperi's Land and the Noith VVf"-tcrn Territorv, or either of them, into the Union, on such terms ami conditions in each case as are in the Addresses expressed and as the Queen thinks fit to approve, s\d)ject to the provisions of this Act; and the provisions of any Order in Council in that behalf shall have effect as if they had been enacted by the Parliament of the United Kin(;doin of Great Britain and Ireland. APPENDIX II. Anno Tricesi mo Phimo et Tricesimo Secundo VicTORiiE Regin^. Cap CV. An Act for en.tblini Her Majesty to accept a Smrender upon Terras of tlie Land?, Pri- vilctres, and lli'^hts of " The (iovernor and Company of Adventurers of England trading into Hudson's Bay," aii'l for adinitt;n2' the same into the Dominion of Canada. [31st July llXitt.J Whereas by certain Letters Patent granted by His late .Alajesty Kin:i Charles the Second, in the twenlj-secimd year of His rei<;n certain persons therei'i named were incorporated by the name of " Ihe Governor and Company of Adveniurers cA Eiifrland trading; into Hudson's Bay," and ci rtain lands and territorii s, rights of gover:iment, and other rights, privileges, liberties, franchises, powers and auliiorities were thereby granted or purported to be granted to the said Governor and Company in His Majesty's Dominions in North Ame- rica : And whereas, by the British North America Act, 18G7, it was (amongst other things) enacted that it should be lawful for Her Majesty, by and with the advice of Her Majesty's most Honourable Privy Council, on Address from the H mscs of the Parliament of Caoada, to admit Uupert's Land and the North Western Territory, or either of them, into '.he Union on such terms and conditions as are in tlv- Address expressed, and as Har Majesty thinks fit to a])prove, subjeet to the provisions of the said Act: And whereas, for tlie purpose of carrying into efiict tliu provisions of tlie said British North America Act, 18(i7, and if admitting Uupert's Land into the s.iid Diimiiiion as aforesaid, upon such terms as Mnr Majesty thinks fit to approve, it is exiiedient thit the said lands, territories, rights, privileges, liberties, franchises, poweis and authorities, so far as the same iiave been lawfully granted to the said Company, should be Furrenderod to Her Majesty, Her heirs and successors, upon such terms and conditions as may be agreed upon by and between Her Majesty and the said Governor and Company as hereinafter nieniioned : Be it therefore enacted, by iho Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows ; 1. This Act may be cited as " Rupert's Land Act, 1860." 2. For the purposes of this Act the term " Rupert's Land '' shall include the whole of the lands and leiritoriei held or claimed to be held by the said Governor and Company. .■>. It shall be conij)etcnt for the said Governor and Company lo surrender to Her Ma- jesty, and for Her Majesty by any instrument under Iler sign-manual and signet to accept a surrender of all or any til' the lands, territories, rights, privileges, liberties, franeliises, powers and autlioiitics whatsoever granted or purported to be granted by the said Letters iPaieiit to the said Governor iind Company within Rii|)ert'8 Land, upon such terms and conditions as shall be agreed upon by and between Her Majesty and the said Goverijor and Company; piovided, however, that such surrender shall not be accepted by Her Majesty 440. I until Uecital of Charter of Hudson's Bay Company, 22 Car. Recital of fturoement of surrender. Short Title. Definition of" Uu- pert's Land." Power to Ilei' Majesty to accent surrendler of lands, 8ic. of the Company upon certain terms.' 66 PAPERS ri:lating to rupekt's land. Appendix. Kxtiiii-'uislinifn' all rights of tlio Company. Ill til the tt'inis and conditions upon which Rupert's Land shall he admitted into the said dominion of Canada sliall hiive bein iipproved at by Her Miiji>ty, and end)odied in iin Address to H» i Mii_^ >sly from Imili the Houses of the Pmliament of Ciiniida, in pursuance id tile one hundred iiiid forty-sixth sn'iion o( ht; Ihitish Nirth America Act, 1907; and that the said surrender and acceptance thereof shall be null iiii.: void unless within t month from the date of such iicceptiinci' H(r jMaje-ity dots by ( )rdi'r in Council undei the provi- sions ol the Siiid lasi-ieciti (1 Act tidiuit Rii|H'rt s La d into llie s.iid Duniiiiion; provided fmthcr, ibat no charge shall be ii. pus"'; by such terms upon the '. insojidated Fund of the L'nitt'd Kini;d( m. 4. Upon the acceptiiiicc by Ilir ^Lijcsty ot such siiircni't'r all r j^iit^ of .'overnnient and pro] rietary liulils, ■■■ut\ all other privileij.s, !d)erties, lranciiisi«, | owers, and uiilhontics wliati-oi vt I, i;r..nlcd oi ) uiported lo bu gjiinled Ijy the iiaid Letleis Patent to the said Ciovtriior and Coni| any v\illiiii Huiien's Land, and ul ic.. shall have been so surrendeu d, shall he ab'( ntily extinjiiiished : provided, that notliio^ herein contnined shall pievent lie said Giver, or and Conip'.iny tmni contiiiuinu to e.irrv on in Hupfii's Land or elsewhere trade ;ind coininerre. Power to Her Majesiy bv Order in Couiacif to admit Rupert's Land into and form part of the Dominion of Canada. Jurisdiction of present Courts anil officers continued. etiiil to Ikr Arajtsty, by ^Miy such Order orOiders in Council asafori - 11 the Iloii-es of the Pailianieiil of Caiiida, lo declare that iiupert's .'i. It shall be compel s:;i(l, on Address (loni Land shidl, tu in a dati; to be then in nien'ioned, be iidmitted into and become pari of the Doiiiinioii of ('ana. a ; and tlieiciipon il si.a'i be laufui lor the Puriiuinent of Canaaa, Irviii ihe date afoiesaid, to make, orilain, antratts anil jnstic. s now acliiit; "illnn ibe sale limits, siiall ciniliiiiie in full force ;r.id etiecl ;iicreiii. APPENDIX III. Copv of a LETTI'R Iroin ihe Rii;ht lion. Sir Kiliuiimt Head, Bart., k.c.d., to Sir F. /{pi/irs, Hart. Sir, Hudson's Hay House, London, 11 November lttfl3. I HAvi: the honour to acknowK'diie ymir lettei of the iuh ubiino, in which you state that Ins (irnce tl e Duke ol Aewi astle will be ready to con-ider any proposal suliinitttd to him by the llii -oil's Ha\ Company with rt fri'i nee to the iiitri diictioii of the direct autlmrity of Mer Majesty's (iovernmeiii ill Itiiperl's I and. Ic is i;iati(yiiiir to mys.^lf and the Coin- n)itt< e to find that an openimj is thus allbrded ior di-i us- 'ul plans winch, to us, appear to have an imjiorlant 1 eiiiinL; on the fiiliiie wellare of Pritisli North America. Ai the same time, in miler to avoid all misappieheiision, il nniy be rieives that the llmison's Hay Coiiijuiny have called Ins Grace's alteiition to tl,r establishment of a colony at Red River. I'roinibly their coni- mncnd interest would be equally served if thiiies reinaimd as they .;: < and if tiieir trade were carrii d on as it has been, H is not, at any rale, with a view to immediate pecuniary profit iliat tliey have laised this qiieslion, aii'l it is bk' ly, lor the p.iesent at least, that they v\oidd lose lulls as nuicli .is they woidd t;!iin by the increase of settlement in the chartered terntoiy. Siuli appears to havi' bi en the iiiivaryint^ opinion of this (.'ommittee before the ehani^e made in .Inly last. It may, in doubi, be said that tin Hudson's liay Comp.iny are nurely endeavouring to esca]ie lioin the tioiililesonie I'esponsibiiity of omcrniiu tin lied River .Settlement and the idjacent district. Li iiiiswer to tins, 1 would observe that the responsil>ilit\ , whitevi r it may be, which is impo-ed by tbe cbaitu on lie Company must be cnriclative with the rit:hts and powers vested in llieni loi the jniipose oi dischiiioin^ that duty. W hat these rights and powers are not, is pretty clear from tlie bdlowine pas-age in the letter of tlie Law Officers of the Crown, dated 1-t ■fely 1867 (.Ap|ie!idix lo Report ol Committee, pai^e 404). The«e ULentlemeii say : — " liut with respi ct to any ri^hi of Government taxation, exclusive administration of ju-tice, or exclusive trade, otherwise than as a consenuence o* he rieht of ownership of the land, such riLht could not be le^;ally insisted on liy the Hudson's Ray Company as having lieeii leiiiilly granted to them by the Ci'own." Till pow( r of taxation may be thought to be the first and necessary condili n of all cH'cc- tive powers of Gnvernrtient ; but if this fiist condition is wantiufr, it wouhl seem to (illow that the powers vested in the < onipany of governini; others than their own seivants and dependants must be ol a very liniiieil character; and if the power is limited, so also must the responsibility be limited. The Company are fully competent to niauige their own] have provi d themselves nin:e conipetcnt to ma' ii^e il: A'SO' i ilioii of 1 pi iiple, and they believe that they Il (fiaiis than any Government or of II olis mil oftl hell in tl actil PAPERS REL.VTING TO RUPERTS LAND. 97 Aisorintidij whicli Iidm vet trii'd iti hinxl ut th s .wnk In Noi'tli Amerii'ii. Tix-i have pre- servL'ii pence Kud ^otxi-will ort oim siile cf a fninfier v lu.-ii WHr»i)fl sivage luifrefl have r^wed on ihe oilier. Th»y have dmvf so, no di-iiht, tioni inierested motives, Out the inotivc!* ot thow "ho Ittiled iu iicconii li-ihiiiir the sunic task, liavc pi'iliu s iidt been more pure. In the prtst-nt «ii«e th* ((iifHtion at issii is nn* tlif Goveuinient of the HmiBOii's liiy officeis and serviiiils, nr ol' thi' Indians, but tin- cxorcisr of pn.pir ailhority and proiection overtli' s(' suhji't'ts nl her M iji sly, inos ly nmonni'cti'il v.jtli thi' Coinpiiny, who hnvi' cuDsen to -^eitlo at Reil River, or who may lieii'iilter settle in tlie adjoining territory. 'I'h-se con- sideriiliiiiis then, mid the I'utiiie position ol Briiisli iniere-^tB in Nnrtli Atnenca (in which, no doubt, lh(! lludHonV Uiiy Conijuny lire (lee|)ly intuiesteil), not the h.ipe ot" immediate ad\aniiige, have induced the |)iisenl Coniniitie to express, a* they ii ive lim" in their resolution of the 28ih Aiigust last, the convielion tli.it the lime h;id aniwl for intioducinij inio these le^ioiis the direct nulli rity of the Cmwn. I nave to assure his Grace, that tiie Committee will esteem Ih selves lo tiinaie if tliev are alile to co-opi rate .vi:h hnn in the estahlishmeiit there of such a Government us he may derm fitted tor ihe wants of thi' pio|)le and the cireunislances of the time. 1 have had the liououi oi' several coiivers.itio'is with you on this snbi"ct, from wi.nli I inter tliat th Seirtinry uf Stale is unwilling' to deal wini the question of establishi.ig a Colonial Guv* rnuieiit lu Uupeit'ii Land, so Ioiil' as th ■ Conipiiov iiiaiiitain, iinim|iaired, their eluim tn the exclusive ownersiiip of 'he sod within that tiniioi-y. It is not for me, or the Coinii.iilee of the Hudson's liay (Jo:ii|iiiny, lo discuss the ri as(/ii for such a view. We certiiinly assume that ih ■ <'oni any are |)r(iprii tu s of the land under the charter, and we think thiit \.\\\» privia fv a corporate Ijodv, should be deemed inconii)atil)le with ihe exercise of the Queen's public authority in matters of i>overnmeni. l hey do not see why that rthieh is thi' norinal stale of lliin^- in n.osl other colonics should he inadniissihle in this particular p rtioii of lliitisli N rtli Amerii • bul it is not their business to enter into thi- question. They arc anxious to ito all tlif-y cfti. to smooth over liithculties rather than raise Miein, and I will, therefore, proceed t'> consider wl.at would probably be the nature of the tenilory to be iiielmled in any such Colony, find uhiil rtre the measures which the Hiid'on's B.iv ("ninpaiiv 'Aoiild bt; prepured to take in order to f;ie lituti' i's estublidimeiil, .It wil; I'C foi hi> (iiMce the Duke of Ni'W- castle to deeiiie whi thei the sacrifices they \\w ready to niike ai o: a miture to warriiit aiiv action on the purt (d the Cnmn. W ith reiiar'i tu the extent i f the piojosed Col ny, ef which tne seat of Governmenl would be Hed Uiver (or Fort (rarry), the (^oniiinttee piesume that his Grace would wish it to include the wh(de country from the Ir 'Utier of the United States, to tlie north branch ol the Sankalcie uan, .iiid to extriid eastward tcnviirils Lake Superior as far as the frontier of Canada, wherever the precise line of that frontier may lie tbund. Ferlia])* the mo-t convenient limit for Hie noithern boundary uould be either the S.iskalch.wan ilseli, or a line rmininii' from the Uoeky Monntains eastward through Kdmont ii House and Fort Cumbcrlanu, and f"om the latter (ollowina: the .Saskatchewan down lo Lake Winnipeg. Nothing would be gamed by goiiej; lartiier t ' the northward, nor by including the eastern side of Lake Winnipeg, but from the iiioutli ol the Winnipeg River where it enters the lake, the hue of ni|ilel(', wiihiii fne yiais, iin cUrliic tele^iajih to connect nriti>li Coluinhia and Ciiiiudn. 'Die line lor this tel(s;rii|h shculd be iipprovc.i by the Sccntary of Slate, and it should be maintained by the dnipany, who would of course engiij^e to convey the mtssiifres ol the Iniptri;il and Colonial Govcmnitnls at a fi.^^-d and moderate rale. It would be necessary us a condition precedent to the erection of the telegraph, — (A.) That the Governments of British Columbia and Canada should pledge their faith respectively to the Stcretary of State to pay the yeary sa'n set forth in tlie enclosures to the Despatch of 3l8t July 1862, wit' I! the »''" ntagts as to lands to be giauted by Her ./lajesty's Guvcrnment, and oiIh, if m*; ' cui spe 'lifted. (B.) That a road should be laid out at' : . li - ti... *" telegraph, but the soil on which the telegraph stands, and the space (say oi> ■ iviilis . ■ ;>dth on one side of its course) should belong to the Hudson's Bay Conipai .•- ue :t'cl")ned as part of the half of the land which they would retain. The othe.i ^ide of <. lad might be included in the half belonging to the Crown. (C.) That the CoMipnny, in constructinix the telegraph, shmild be entitled to use wood 01- other materials taken I'roin uiigranted hind. 2nd. The Crown shall resume the grant of mines and di^ginjs of gidd and silver lhrous>luiut ihe Colony ('n condition of ])ay;ng to tho Hudson's Bay Company one-third of the rccei|)ts of all dues, royalncs, rents, Sic. IVoui such mines ur diggiiius, whether raised by way of e.\|)ort duty <'r otherwise ; but the C'oinj)any should not be liable for expenses of collection or escort. 3rd. The buildings requirtd for military or Government purposes at Fort Garry or Red River should be valued and purchased o! the Company. 4th. The Company should retain, as a portion of their half of the lands, all lots already laid out and surveyed, as well as 5,000 acres round each of their forts or posts. The Committee trust that the Duke of Newcastle will view these proposals of theirs as an evidince of an anxious desire to meet His Giace's wishes. While suggesting a plan wliicli involves the cession of the Compa'iy's right of property over oiip-liaif of a vast tract of British North America, the Committee simply ask that the Crown will exercise on British soil, in favour of British subjects, tliyt amount of control »nd protection which the Queen's prerogative can alone atford ; a protcetiin, in other cases, at least, (leeim-d I'erleclly consislent with the unimpaired enjoyment of existing rights of private prop-rty, and whieli. in fact, is couinionly thought to be directed specially to the maintenance ot those" veiv riiihts against wrong and violence of any kind. 1 liave, Ixc. (sitjncd) Edmund Head, Sir Frederic Roijers, Bart, Governor of the Hudson's Bay Company. &c. &c. ' &c. Copy of a LETTER from Chichester Fortescue, Esq., m.p., to the Right Honourable Sir Edmund Head, Bart., k.c.d. Sir, Downing-street, H March 1804. The Duke of ^'ewcastle h;is considered, with the care which tiieir importance requires, the proposals contained in your letter of the 11th November last, respectins; the introduc- tion of the dinct authority of Hei Majesty's Government into Rupert's Land, The first of these proposals is as follows . — It appears that in 1(134 the Company pur- chased fioni Lord Selkirk the tract of land called Assinaboia, on which the Red River Settlement now stands, for a consideration amounting to upwards of 80,000 /. You pro- pose to cede lo the Government that territory, together with a far larger tract described in your letter, on receiving : 1. £. H0,000. for the district of Assinaboia. . 2. A payment for the rest of the land calculated on the principle of what the Company paid to Lord Selkirk, and 3. The price of the Company's right to all mines of gold and silver. His PAPERS RELATING TO RUPERT'S LAND. ^0 lid t'iiith Red His His Grace infers from the tenour of your letter t'lat tlie paymfjnt made to Lord Selkirk was an actual paynent of 80,000/. in m )nev, and not a mere^shar; in ilie profit* of the Company, to some am:>init iiupposed to be equal to 8;).0i)i) /. But, however the payment was made, he iip|)relieuds that it formed part of a laiijo arraiii^emjnt by which tliu two companies, which are now combined in the Hudson's Bay Couipiny, put an end to a com- petition wliioii was be<:<)min!^ ruinous to '.) ilh of them, and h^i I to be 9t)i)|):!d at iill hazinls. If cliis is the case, the term-* of piiich-iie afford no sife '^roiuds for c)n)eeturinr wbether 80,000 /. was really a fair market price for th.; inn 1 at t le time of tlv! purc'ias.'. But his Grai;o cannot consider litis statement to have iiny bearinj; on tli!? present tiesfotiatioii. It appears to him that in inukins; a pmvhasi! of land th.-rc an- really only tw > i|uestion9 to be considered, first, what the land is worth to the vemlor, and, secondly, what it is worth to the puicliaser. It is plain that iifitlier o( these questions is even re'inolely atf.'cted by the Di-ice which (wisely or unwisely) may have been paid for it to Lord S.-lkirk in 183 1. .Viul Ills Grace is unable therefore to adopt the proposed principle of valuation. Nor could lie consent to pay the assessed valui- of the roposed on the part of the Company; b it before doing so, I am directed to notice your obseivition that the exerciss of the printe right of (uvnership of the sod by individuals, or by a corporate body, need not be (IcMied incompatible with the exercise of the Queen's authority iii matters of governme it, ami you poin' out in sup|)(>rt of your opinion tiiat this is in fact the nonnal state of things in most other Colonies. This the Duke of Newcastle fully admits. He would even add that it is also the normal stite of things in the United Kingdom and in most otiier setiie I counrrie-. The obvious distinction lies in the fact that these colouieg and countries are settled. From this fact it follows first that there is a large amount of property, independent of any proceeds derivable from the sale of land, which is a|)plicable to the government an I im- provement of the country, and next that it is not a mattc;r of public policy to attract immigration by a wise disposal of the public lands. In an unsettled col mv thin'e is no effeciual mode of taxation for purposes of govei'imem. and iin|)roveTieiit, an I thu whole progress of the Colony depends on the liberal and pru lent dispo-al of its land. Tiie-o eon- sideratiuns afford decisive reasons against leaving that land in the jjossession of a corporation; and I am to observe that these objections, conclusive in any case, are greitly enhanced in the case of the Hudson's Bay Company, as I learn from your letter that it li.is been " the unvarying opinion" of the committee, on whose behalf you speik, tint the Company would " lose fully as much as they would ^ain by the increase of settlement in the chartered territory." It is therefore (to say the least) a question whether the Com- pany would not Le under a direct inducement to use their proprietary rights to thwart the colonizinu eff'orts of the Government. It is true that in former times the whole soil of a settieme it was frequently conveyed to a proprietary body ; but in these cases the responsibilities of Government followed the grant of property. Those who were invested with extensive corporate rights of possession l)or>; (like the East India Company in its earlier days) the whole expense both of civil govein- ment and of military defence. In Prince Kdward Island the right of property was more recently disjoined from thit if Government, but the result has nut been such as to invite imitntion. The second alternative proposed in vour letter, then, is this; that the whole territory which it is proposed to bring under the authority of the Crown should be divided into \arj.c blocks or tracts of land, which shall be assigned alternitely to the Crown and to the Company. Waste lands, till so assigned, being managed by a board in which both parties should be represented. To this proposal his Grace feels himself unable to assent. The difficulties of manage- ment which might be expected to arise in working such a plan, woulil in themselves be sutficiently formidable, 'fhe expense, delay, and controversy which might arise in defining and maintaining the boundaries of Crown lands, and the imp:obability that a cordial agreement would continue between the persons representing different and often conflicting interests in the proposed land board, are serious dingers. But the conclusive objeciion to the scheme is that it would reproduce in a gigantic shape the inconveniences which on a 440« I 3 ''"'■ Appendix, ^ .<«*/'/ 70 P APE US liELATING TO Rl PERT'S LAND. AjJpeiiiu far jiiialliT scnlc ■^ere found intoleriibU- in Canndn. It is evident, eir h iiiiitter nl re:i8'>iiin|f, Htiil notiii'UJiiH A* u iiiiittrr oi ('^>ct, tli^it (lie intiTpo>itioti (if lar^ l)liit'kii of piopnHy betwoen tracts III- disiricts of Jrown laml, mu-it obstruct the openin;: up of thoBe districts, iinle«H it fortuimf^ly liiippens thai (hi jiriva'c |>r(ipn('tiir ig n'ady fo pxpeiid money y)«ri />(M5?< with (ic (ioveriiiiient ni the cdHHirm ti.'ii of uhcls and other improveinentf, and toconfurm Ids Ixnd policy to that of the aiiihoritics. Il it* also char thiil ccploiiists nf ihc Aiiyl i-Saxoii lacfi look upon the land revtMiue as lepitinialeK lieloniiinu to ihe coninuiioiv, inid lliat llie diverj-ioii of half, or more tlian half, of that HMcnue lo the puiposc of in( rpasin<; tlie dividends of a pnvatr corporation, would cause a conliiiiiiil .oui erowiiie discontent whicli coiilil ii'it lie ali.iyeil by any alistiact mi;u- nieiit i>f lifil'i, and ihe full force of which the Govc-rnnient would be expected by the coin- paiiv to sustain. Hi> Uiiiec cHiinot eoiiBent to make Imnself responsible for tlipue conso(pience.'<, and he is thiiefdte -.lliui'l to treat as inadinissihle any j)ro])o>.al lor the proprietary partition of those teiriti ri(s « liich niav ' placed iind' r tlic null exceed lf)(),(i00 /., or on ill. expiration of 60 y ars. 3. That one-f )urlli of the sum received by the (iovirnintiit a« an export duty for •io\d, or on leases of irold n.incs, or lict uses tor uold miniuii, shall be payable lo the coiupanv for 50 viars, or untd the aimeijate receipts shall ;\moun'. to loo.ooo/. 4. That on the>e conditions .. goveriinient be established in the ceded territories; (ireat liriiaio nndertakiiiji the ex|)eiise and risk of that covernment until the Colony is abl" to support il, as in liritisli Cojninbia, and other Colonies. It iiiii-t be clearly understood thai the payments conieniplaird in the second and third ol these ai tides are entiiely dependent on the Goveinment nceipts, and that the (Jovern- nieiit will not be pleil^ed to iuiy particular form of h^winc; a tax upon gold. II the . :::■:. A, J ( U'lix .,1 lli.-.7, M to; lo Itipurl, to Report ). 4o:) aii'l Copy ot a LKTTl-^l! tioni the Hit;ht llonoiiiable Sir K'liiiiniil llruil, Dart., to C/iir/icstir /'(irfisritr, I'lsq., m. i'. ^ir, Jliidson's Hay House, London, 14 March ls04, I luvi; ll'e honour to ucknowledue your letter of the Utli instant, which has been laid bcloie the Coniiniitee of the Uuosou'b liay Company, by whom I am authorised to make the followin;. remarks: Tin: Comn.iii'.e deepl\ ritfei !o fiiei ihit none ol the proposals made by them has been toiPid ailniis.ible by Ins Glac- the Secivtaiy (I State (ijr the Colonies; but as this is the eas, , there is no further use in discUBSin^ the piiacijdis on which they were based, or the deliiils invivvid in thein. Oil the othej hinil, the (Jomnnltte would ft el il tliei; duty it once to address themselves I . the considciali' il ;■(' the eoiinter pioposa! contameil in your Idler of the I Ith, were it iiol for ihejiostscript i' lliat letter rclatni- lo the claims of Canada. It IS tine mat iliese claims are not new: they wi re expressly staled in the same form in Hie petition Irom ihc Hoard of Trade of Toronto, which was Wore the P.irliamenlary ( 1 eimittce ol iH.'iT, and they were in fael discii-sed by that Committee, and were referred lo 111 the letti rof ihe Attorn -y iiiid Solicitor General to the Hioht Honourable H. Labouchere. Tilt l.in\ ( )fliceib iherc say, that the question of boiinilaiy coulil not bi- made the subject of a yi/r/.!ijiiilicial intpiiiy without the consent of both parlies, and that a decision of a Coni- mlltf; of the Privy Council woiilu have no effect in such a case as a liindin'4 judicial dv tuminatioii. They h;id previously stii.(ed, that " in the cokc of jriants :v aie coii'trucd l>y usHji^t and eii|oyiaei)t, iiiiHiiiIni); in tlitHC liit'cr — . " levins the nssei'iion ot c)wiH'rshi|> hy the ('oiiipaiiy <'rha|ii« hi-tler, known lo the Secrct.iry oi S( ate than it is to us. I say, piirh ips better, because the Law Orticers of iho Crown h.ive, we l)rli<'Ve, at various times <;iveii the Colonial OlHci- the benefit ol tin ir observations thereon, im advantage which the Cotnp any, ii how tar the details involved in it are or aie not aeceptabli; to the Company, or how far the anionnl of compcinuiion tMiiild be siirtirient. Il, indeed, the (piestiou were one only of so ne lew miles, inoie or h ss, ol' boundary, the caxe vkonid be wholly dilleieiit. But in the fonn iu wliieli the claim is |)rei>ente(l to ns in your postscript, it appiai^ to the Commiltie to make all further acfi. ii impia'ticable. We may peihapn lie perniiiled to make on uth r leiv.ark on llic posiseiipt of your 1. tter. riic claim ol Canada, ii it means anything, seems to assi rt tli.it certaii' rights of a foreign power modify the operation of the L'liarter. These foreit;n lights were icipiired by Treaty for the Crown of lin::land in ITtia, nearly 100 years after the grant of the Charter. Now, after the possession and reci unition in various ways for two cuiitunes, the validity of this iiis'iu- meiit is attacked ou the ground of those supposed rights. The claim thus made r.ay be good ov bad, but itappears io ns singulai thai the Company should be letjuired by tin Crown itself tc- waiiaut the validity ol ds own Charter. I here ar(; legal luelhods, no doubt, of rescinding, bv the courts, improvident or unlawful grouts enian itiiii; from the Crown. In I8j7 tliu Law OfHceis were consultid by Mr. Lahouchere as to tin; possibility or e(]uity of having recourse t.o proceedings t f tiiis ki d in tliis case, and they L:ave their an-wer in Jie letter relerred lo above. Uur rights, such as they are, cune liom the Crown, and it seems to us, pp.' 403 ami 404^ who are unlearned in t!ie i.iW, somewhat straiiLie tliat tlie(-iowii, the giantoi, should ask of the llud.S(Mi's IJay Coinpaiiy, tiie i;rantee, a warrants for a title derived iinnie liately iVoiii itself. It ad;is to this a|ipaieiit anon. a'v, that IIk; only eompetiig title a'^ainst wliii;li the warianiv could be recpiired is the litu; 'if lUe (.'lown ilsell in another shap';. We presume that the object of the (an. idiaii Government is to opei the comitrv for settlement an object wliieli it vsonld he in the power of the C.ilonial Otllce to seenie at an\ -ate, and which the lliidsdii's M.iy Company have no wish whatever lo iireveiit. Unt lor this preliminary dilKeidiv, lisni;:, from the postscript to your letter, il would now be my duty to call your alUnii.'n lo the lact that that letter iniikes no allusion to a sub- stantive poitir A. ot our oiler, to which we altach ureal importanee ; that, namely, ot erecting, on cirtain terms, an electric Itlegrapli across the Hudson's Bay territory. We have ceded to no one the ri:;lit to ;L'estion will remove the difficulty by win h the Hudson's Bay Company at present conceive themselves to be embarrassed. His Giace did licit direct me to utl'er .iny observation on your proposal for the construc- tion of a road and teleura|ih, because he had already commenced negoii itions on that subject witli i.(nllemen representing the Atlantic and Pacific Teli';;raph and Transit Com- pany, wiiose project he had reccniniend' (I to the (avourahle consideration of thi; Colonies conc(rned. lie is now infcinied, that this com|iaiiy has tianslerred its rights and responsi- bilities to the Hudson's BayConipany. That transfer his Grace i^ most willing to recof:nise, if it is recognised by the Colonies concerned. And he is further willing, that on the completion of tiie road and telegraph, from the frontier of Gaiiada to that of British Columbia, lands adjacent to the line stiull be granted to the company, at the late of one square mile for eveiy lineal mile of road and telegraph constructed on Crown land be- tween the line ol demnrcalioii, above described, and the frontier of British Columbia. The fnrin and exact situation of ti ise grants should, in his Grace's opinion, be left for future discussion, the principle being, that a strip of land, two iiiileM in width, along the line of road and telegraph, is to be dividid equally between the Gnveriiment and the Com- pany. But, ill other respects, the grants will he subject to the conditions expressed in the 3id article of a Mi ninrnndiim, enclosed in a leltir addressed to the Duke of Newcastle by Mr. Waikiii, on the '2Hth A|iril lhG:i,* and in Mr. rorteseue's answer of 1st of May, and must be understood to stand iii In u of the grunts i onteniplated by that article. I enclose a I'aiiiauu ntai y correspondence relating to it. iper, The Right Hon. Sir E. Head, Bart. wliich Mr. Wutkin's letter is printed, with the I am, &c. (signed) C. Forteseue. Aliove. Copy of a LETTEll from the Ri^^lit Honourable Sir E. Head, Bart., k.c.b., to C. Forteseue, Esq., m.p. Hudson's Bay House, (..ondon. Sir, 13 April 1H04. I HAVE hud the honour of receiving your lett«r of 5th April,* which has been laid before the committee of the Hudson's Bay Company, and considered by them at a special meeting summoned lor that purpose. After the explanation given with rcCeronce to the postscript of your letter of the 11th ultimo, the Committee leel that they are in a position to renew the negotiation, wiih every hope of comiiiir to a satisfactory conclusion. They think this, beeausc tiiey trust it will be found ihat their demanrN, on the part of ihe Company, diH'er in dei/reo, rather than in principle, fioin the offers made by his Grace the Duke ol' Newcastle. 2. The PAPEllS RELATING TO RUPERTS LAND. 73 2. Tlii> Ciinimilli'i' do not olijoct to the pri»|)osal ihal ii pay""'"' "f I'- pT nfrr- fi>r all lanils gold nIuiuUI he msidc to llic Cumpiiiiy, in prnportioii as lliu money is rcccivod by tliu Government ; nor do tliey object to the trt j\ of 00 yenrs as the limit of time, alter which sncli payment nhoiiU! eeaae. They think, however, that if ;i limit of time i» fixed, there oiikIii to be no limit of ninount, inaKinuch as the Govcrnnicnt pay nothin;^ befurehund, and will be called on to hand over the nioncy only on the HU|ipo8iiion that they receive a larger simi thtmselveH. If the lands sell freely the receipts of the Government will be increased, and the Committee do not kc? why the share of the Company should not in justice increase in nroporiion. If, however, any limit in the anionnt of the paynienis to be made to the Company by this and the next article is absolutely required, the Conniiittce would be wijlins to agree that the produce of the two t0i;ether ; that if, of the 1 s. un acre for land, and the per- centage on the gold, should not, in the agnnv^ate, exceed 1,000,000/. It is necessary to make one observation with reference to tlic payments on account of land. Accordini; to the letter of tiie |)i()[)osal, it would be open to the Colonial Governmeot to defeat the claim of the Company altogether by ado|iting a system of free grants ; and it must therefore be understootl, if this is done on any ground of policy, the payment to the Company should be made notwithstanding. 3. With regard to the per-centage on the proceeds of goM, the Committee are willin:; to accept the proportion of one-fourth, as stated in your letter, it beino specify. I may add, too, that such a reservation would appear to be politic in the interest of tlie Colony itself. For many years to come the Company must be closely connected in trade with the territory which they propose to relinquish ; and it appears important, on every account, that they should retain what may be called "a shiire in the stake"; that thuy should feel their own interest on landowners, as well as merchants, wrapped up with those of the Colony, and should have evciy inducement to contribute, by their influence and proceedings, to its future well-being and tranquillity. There is nothing, perhaps, in which tlic Comj)any could exert this influence more beneficiiklly than in discouraging the use of spirits in the trade with the natives ; and it would be their interest and their wish to second every effort of the Colonial Government in this direction. The Committee therefore ask — (n). That the Company should retain as private property all their posts and stations on which buildings have been erected, with an area of not less than 0,000 acres round each such post ; but they do not of course intend that this clause should apply to the Red River Settlement, {h). That they should, in like manner, retain all lots set out and occupied by them. (r). That whenever the Government of the Colony shall have sold or granted &0,000 acres, the Company should be entitled to a grant of 5,000 acres of wild land, to be f^elected by them. The Committee have proposed this mode of reservation, because it appears to them to obviate the objection which may reasonably be made to setting apart beforehand a number of isolated tracts of wild land, dotted over the surface of the Colony, and calculated to impede the free flow of settlement in the territory. In this manner the grants to the Com- pany will only proceed equally with tl progress of colonisation ; and the demand will iiardly seem extravagant when it is consi icd that the total number of acres to be at once handed over cannot be esliiimted at less than 200,000,000. 5. The Committee ll'' graph Company, subject to the following alterations; — The point at which ihe telegraph will probably begin on the eastern side of the territory, will be cither Peuibiiia or Rainy Lake, according as Canada may or may not adhere to the orit;inal terms proposed. If Canada should decline to fulfil what is laid down in the paper referred to, the Company will of course be compelled to make the best bargain they can with the lines traversing Minnesota, and passing through the United States ; and they will have to forego the guarantee of interest originally held out from Canada. Hainy Lake is named, not as being the admitted frontier of the province, but simply as the conventional puiiit eastward, assumed in your Despatch. With regard to the third article in the paper referred to, the letter of its provisions is not wholly applicable to the altered state of things; but in accordance with your letter of the 5tl) instant, the C>'niniittee are willing to adopt its spirit as the basis of the arrangement to be made. They-.-" r. it however admit that one square mile for every lineal mde of tele- graph would be an adequate allowance of wild land for such an undertaking. They believe it will be found that in all such enterprises through an unsettled country in America, the proportion of land granted to the contractors has been far larger, and they think thai the clanii in their c.se is sireniithencd, rather than weakened, by the fact that the hind to be passed tliroui:h is a very small jiortiou of that which they themselves propo-e to cede for a consideration for a time, at least little more than nominal. T!:c Committee, on refening to the printed correspondence forwarded by you, find that Sir Frederic Kotiers, in his letter oi' 'iyih August 18()'2 (p. 7), exjiiessed the gratification of his Grace tlie Duke of Newcastle at the readiness of the Company to make a grant of land to the promoters of the j)ii>|)<)sed | asseiiger and ttlegraphic communication; lait they believe, on the best authority, that the most moderate demand ever made by Mr. VValkin, when then sent to the Company by his Giace, very far exceeded the breadth of five miles of wild land for every lineal mile of toleuraph. Below this ainoun< of wild land to be set out in alternate sections, as proposed in the 3rd article (p. 13) of Mr. Watkin's paper, the Committee could not reduce their demand. 1). Such, sir, are the conditions which the Committee feel bound to offer to Her Majesty's Government, after a full consideration of all the ciriumstances of the case. Even with tiiese conditions they do not feel sure that they shall escape, on the part of their proprietors, the question, " What are we to obtain for this cession of our rights in so large a territory ? Wliy are we (the Hudson's Bay Company) fo purchase at so large a cost the exertion of the Queen's authoiity on British soil rendered necessary by no fault of ours"? Could we, umler any circumstances, be worse off than we shall be in sacrificing, for a contingent consideration, this vast mass of propeity, and the chance of profit from its future deve- lopment. Ifwcdid not think that these questions admitted of a satisfactory answer, wc should not, as trustees for the propvietois, convey to you the offers made in this letter. But it may be (iitlicnlt to convince our shareholders that (as we believe) the real interests of the Comiuiny and of Iler Maj'.'sty's Government will bo equally promoted by their adoption in the form now suggested. I have, &c. (signed) Edmund Head, Governor. The Bight Hon. Chichester Fortescue, &c. &c. &c. Copy of a LETTER from Sir F. Rogers, Bart., to the Right Honourable Sir E, Head, Bart., k.c.d. Sir, Downing-strcet, June 1804. I AM directed )>y Mr. Secretary Card well ti> inform you that he has had under his con- sideration your letter of the 13th of April last. .Mr. tVirdwell will not be prepared to accept, without considerable midifications, the terms contained in it. But before sending to you, in answer, the terms to which he would 1h! prcpaie servnnis. f). That the disputed inatler of the Company's lauds in Canada be settled by issuing grunts oil the fooling loimerly agreed upon between Mr. Vankoughiiet and Mr. Hopkins. (!. That the Company shall be boiiiul to hand mer to the Onvernment of British North America all the materials for the cunsiriiction of the telegiaph, on payment of the coat- price ami expenses already incurred. You will understand, sir, tl;at the proposal contained in this letter is not to be construed as any withdrawal or modification of that |)reviously made, but that it is laid before the Seeretaiy of Slate simply as a possiide alternative. The committee are ol opinion that in the event of the transfer of the territory to any Coliiiiial Governiuciit, such traii>fer ought to be etleeted, and the conditions stipulated, with the (y'ompaiiy, ought to be emiiodied in an i'.nglish Act of Pailiainent. liefore closinu this letter it is li^hl tiiat 1 should state, for the information of the Right Honourable the Secretary ol State, that Dr. Rao has returned to England, having traversed the whole district, from Red Uiver over the pass leading to Tcte Janne Cache, and thence down the l''raser to New Westminster. Every assistance was given him in British Colum- bia, and he reports that it is perfectly easy to con»truL't across this country a line of tele- griiph, as well as u road sullicient for the carriage of the mails. Telegraphic wire aiiil insu- lators in sullicient ijuantilies ai(! already at York raetory on the Mississippi, or on tlie viiyiige to Victoria, so thai all the malt rials will be in ilie spring on the spots uhcre they are reipiiied, and the Company will await with anxiety the decision of Her Majesty's Government as to the otiers now in the hands of the Secretary of Stuti. Sir F. Rogers, Bart., &c. &c. &c. I have, &c. (signed) Edmund Head, Governor, Appendix. • Page 7s, 440. f : Appendix. t «ji{i«uai 76 PAPERS RELATING TO RUPERT'S LAND. Copy oC u LETTER from T. Frederick Elliot, Esq., to the Right Honourable Sir E. Head, Hint., k.c.b. Sir, Downing-street, 23 January 1007. At 11 recent interview between Sir C. Tianipson and yourself' on the one side, nnd Lord Carnarvon on the other, respecting the position of tiie Hudson's Bay Company, sunic doubt appeared to exist respecliu^; tli" exact state of the inchoate or intended negotiation for the transfer of certain of the risilits claimed by the Company to Her ^lajesty's Government of the Piovioce of Canada. With the view of explaining the present position of the Catiadiau Oovernment, I am directed by Lord ('arnarvon to enclose extracts fio'n a Mnnite of the Executive Council of Canada, dated tlie i-ind of June lt>Oti, from which you will perceive, that while the (jues- tion ol confederation is pending the Canadian Government consider themselves incom- petent to initiate 'le.otiations, and bound to reserve them for the Confederate Government and Legislature. It is, of course, for tlie Hudson's Hay Company to consider for themselves what course is most proper and eondueive to their own inti icst>. But it appears to Li>rd Carnarvon that any eHective neL;olia;ion, heiiiii for the moment im|)ossii)le, it is for the iiiti're-t of both paities that tiie cpiestion should remain o|)en for arrangement so soon as an authority exists capable ■ f dealiog with it on the part of the Colony or ('olonies interested. He would, tlieiefore, rciirel to le.irn tha the (Company contemplated any imini diate action which was eaKulated to embairass the negotiations which would tiien become pussible. and wliiei), in the opinion of the Executive Council, it would be the duty of the Coufei!erate Government to open. I am, &o. The Right Hon. Sir E. Head, Bart. («igned; T. Frederick Elliot. &e. &c. .^c. (Enclosure.) ExTU'.cT of a Rei'ort of a Cl f .11 on the whole Confederated provinces. • • -I » • " Recent events serve to sbou hat in a ti'W months that iiiiNiii will be etfeete I, and the Committee will have n.i di.ubtthii the Confederate (fovernment a id Le.;i